Loading...
1995-03-20 REGULAR TOWN BOARD MEETING MARCH 20, 1995 7:01 p.m. MTG. #19 RES. 177-194 BOH 6-7 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner TOWN BOARD ABSENT Councilman Nick Caimano Councilman Carol Pulver PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER Supervisor Fred Champagne-Opened the Meeting. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 177.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 20th day of March, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mr. Caimano, Mrs. Pulver QUEENSBURY BOARD OF HEALTH PUBLIC HEARING-SEWER VARIANCE REQUEST OF MR. WILLIAM V. MUNHALL NOTICE SHOWN Supervisor Champagne-Opened the Public Hearing-Anyone here to speak for or against the variance. Executive Director Mr. Martin-Do you have the letter from Dave? Councilman Turner-Yes. Supervisor Champagne-Do you want to read that? Executive Director Mr. Martin-I will read that into the record for you. Queensbury Town Board RE: Septic Variance for William V. Munhall Dear Board Members: The Variance you have before you tonight is a variance to allow a leach field to be placed 10 feet from the foundation versus the required 20 feet, and also for the applicant to install 218 feet of leach field versus the mandated 281 feet, given the perk rate in the soils. With the size of the property, this is a maximum leach field that can be installed, given the setback requirements and the property line constraints. All properties surrounding the majority of the septic system are on the Assembly Point Municipal Water system. However, there are adjoining wells which are shown on the maps as indicated, that do not meet the proper setbacks to this septic system. I feel the variance request is reasonable and would recommend that the Board approve this variance as submitted. There is no other alternative to put a conforming septic system on this property. Sincerely, David Hatin, Director of Building and Code. Councilman Monahan- I would just like to make one correction at the end of paragraph two I believe Jim read that do not meet, the letter says, do meet. Executive Director Mr. Martin-Do meet the setbacks from the Septic System. Supervisor Champagne-Thank you Betty, it does make a difference. Yes, Sir. Unknown-He pretty well explained everything, I am the fellow... Town Clerk Dougher-You are going to have to use the mic. Supervisor Champagne-Give us our name please. Mr. Ivan Bell-My name is Ivan Bell, I run IBS Septic and Dave pretty well explained everything that I feel that we are doing the best we can to meet New York State Health Codes and Town of Queensbury. We do meet the well separations and because of the property size that is the best possible scenario. Councilman Turner-I went up there and look at this yesterday and he described it very accurately, there is no room for nothing, you cannot even get what he can get on there, I will tell you that right now. I have no problem. Supervisor Champagne-Ok. Thank you, anyone else care to speak? Mr. Bell-Thank you. Supervisor Champagne-For or against? Seeing and hearing none, closed the public hearing. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR WILLIAM V. MUNHALL RESOLUTION NO.: 6, 1995 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Mr. William V. Munhall previously filed a request for two (2) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically that there be a 20' separation between the absorption field and the dwelling, and that the absorption trench be 281' in length, WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on March 20, 1995, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Mr. William V. Munhall, allowing the placement of the absorption field 10' from the foundation, rather than placing it at the mandated 20' distance, and to make the absorption trench 218' in length, rather than making it the mandated 281' distance, on property situated at the corner of Pine tree and Huneysuckle Lanes, Town of Queensbury, New York, and bearing Tax Map #: Section 8, Block 4, Lot 3. Duly adopted this 20th day of March, 1995, by the following vote: AYES Mr. Turner, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 7.95 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into Regular Session. Duly adopted this 20th day of March, 1995 by the following vote: AYES: Mr. Turner, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mr. Caimano, Mrs. Pulver QUEENSBURY TOWN BOARD REGULAR SESSION RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE ORDERS FOR PURCHASE OF 2 TRUCKS IN WATER DEPARTMENT RESOLUTION NO.: 178.1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures, and WHEREAS, in accordance with said procedures, a contract in an amount greater than the amount of $5,000.00, up to New York State bidding limits, must be approved by the Town Board before said contract is entered into, and WHEREAS, the Water Superintendent has proposed to purchase two pick-up trucks for his Department, and WHEREAS, NYS Bidding is not required, since the equipment prices are State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the purchase with 1) Action Chevrolet Suburu, and 2) Genesee Ford Truck Sales, in the amounts of $18,109. and $10,198, respectively, said purchases to be paid for from Account No.: 40-8340-2020. Duly adopted this 20th day of March, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION AMENDING RESOLUTION NO. 623 OF 1994 CONCERNING DUTIES AND RESPONSIBILITIES OF TOWN COMPTROLLER RESOLUTION NO. 179.1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 623 of 1994, previously established the duties and responsibilities of the Town Comptroller, which duties would include manually signing all checks together with the Town Supervisor, and WHEREAS, the Town Board of the Town of Queensbury, by Resolution, may authorize the Town Supervisor and Town Comptroller to sign checks with a facsimile signature as reproduced by a machine or device commonly known as a check signer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor and Town Comptroller to sign checks with a facsimile signature of the Town Supervisor and Town Comptroller as reproduced by a machine or device commonly known as a check signer, provided that both officials are in agreement that such a device shall be used, and BE IT FURTHER RESOLVED, that the Town Comptroller will not have the duty or obligation to countersign checks with the Town Supervisor until such time as this Board shall adopt a further resolution directing such, and BE IT FURTHER RESOLVED, that Resolution No. 623 of 1994 is hereby amended accordingly. Duly adopted this 20th day of March, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT : None Discussion held: Councilman Monahan-Noted that this is being done so there can be a facsimile signature. Attorney Dusek-This also removes the obligation of the Comptroller to sign checks until such time as the Board further adopts a resolution, need time to get the bank cards done and facsimile. RESOLUTION APPROVING OPEN SPACE INSTITUTE AS THIRD PARTY AND APPROVING DEED IN CONNECTION WITH THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 180. 1995 MOTION TABLED SEERES.181.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, approved and authorized execution of an agreement known as the "Hudson Pointe Planned Unit Development Agreement," and thereafter enacted certain legislation which authorized the Hudson Pointe Planned Unit Development, and WHEREAS, in accordance with the aforesaid agreement and legislation, the developer proposes for the purpose of conservation, conveyance of an area of the Hudson Pointe Planned Unit Development comprised of the river shoreline, the wetlands, the Pointe, the bluffs, and the buffer from the top of the bluff inland, together with five (5) archaeological sites to the Open Space Institute, and WHEREAS, in accordance with the aforesaid agreement, the Town Board must first approve the deed proposed to effectuate the conveyance and the party to whom the property is to be conveyed, and WHEREAS, the proposed deed from Hudson Pointe, Inc., to the Open Space Institute has been presented at this meeting, together with a Management Plan developed by the Saratoga Associates and dated December, 1994, and WHEREAS, the Town Attorney has advised that the Town has received a copy of the certificate and report of title for title from Hometown Title Company and that he finds, upon review of the same, that the same indicates marketable title and that any issues concerning mortgages and other like liens or encumbrances have been cleared, except that he also notes that there are a number of easements and restrictions in title, which are not expected to be cleared, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves Open Space Institute as the third party to whom the developer shall dedicate the lands described hereinabove and in the deed, for purposes of conservation, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves the deed and the language contained therein and notes that the deed makes specific reference to the management plan developed by Open Space Institute, which is likewise approved by the Town Board of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the approvals set forth herein shall be conditioned upon the acceptance of the deed by the Open Space Institute and the recording of the same in the Warren County Clerk's Office, and all other such actions that may be necessary to fully effectuate a transfer of title from the developer to the Open Space Institute, and the issuance of a Title Policy insuring the title as marketable and free and clear of mortgages and like liens and encumbrances. Duly adopted this 20th day of March, 1995, by the following vote: AYES NOES ABSENT: DISCUSSION HELD Attorney Dusek-The agreement sets forth as I understand it which is to transfer it into OSI, OSI will agree to carry out the terms and conditions of the management plan with a sum set up in the agreement as to what they will not exceed...$20,000. anything over that to accomplish the programs however, they would not be required to spend. The Town would also not have any obligation to further finance it...At the end of three years it is contemplated that OSI will turn this back over to the Town or another party that you should approve. Supervisor Champagne-Noted at the time of reviewing the plan we assumed that if it took $100,000 or $50,000 whatever it took is what put that plan in place now we are saying that OSI is going to spend $20,000 maximum and it is going to stop at that point not knowing quite what the plan will be as to completeness. Mr. Tim Brewer-Noted that dollar amounts were never discussed in the committee meetings. Councilman Monahan-I want to know what they think they are going to do for $20,000. Mr. Alan Oppenheim-Representing Niagara Mohawk-The dollar figures were not an issue...we had always intended interim ownership looking to the Town in the long term or to agree upon an owner. The $20,000 number as I understand it will take care of the improvements, maintenance on a short term basis and the issue becomes and I think that is where there is a three year window to the extent what OSI is not willing to commit is to a long term maintenance obligation. Executive Director Mr. Martin-Is the $20,000 a firm commitrnent...noted a lot of this is tied to the sale of lots, what if we have a dry market and only sell thirty lots in the next three years? If we don't get to the later phases of the project we cannot get access to the trail system. Attorney Dave Hatchet-It has been anticipated that the bottom portion of Sherman Island Road is going to be abandoned I think that ties into the fact that at the present fact that we do not plan an abandonment until all the infrastructure is in which will connect the point parcel into the public highway system. I do not think we were talking about x number of lots sold before anybody put in a trail, it was the practical sense of getting onto the site. Mr. Alan Oppenheim-If the improvements to the open space area could not be made up front is OSI commitment to that $20,000 no matter what? Attorney Hatch-I cannot speak for them, my understand they are committed to that sum they have approved that I do not think that is necessarily tied into a time frame, I think we can get some written verification. Attorney Dusek-It is important to note that the agreement before the board promises the budget it does not promise to spend. Executive Director Mr. Martin-We usually have a break down of the budget what it is to consist of and then get a third party verification if that is enough money to cover the costs of the improvements. Mr. Tim Brewer-Noted that when we had committee meetings we just pursued that what they said was going to be done was going to be done. Questioned if there was an over run in the amount to complete the job, would the town be responsible for the other or is Nimo? Councilman Monahan-Are we talking about access to go in to making the trail system or are we talking about access so the public can use that trail system. Mr. Alan Oppenheim-It has always been the intent that those improvements to the open space areas would be made at the final phase which connected the route, phase five was constructed so that when we discussed it originally it was contemplated that they would be done at a later stage in the process. Mr. Tim Brewer-Questioned what if the costs go up in five to ten years? Attorney Mike O'Connor-Attorney for Hudson Pointe and Niagara Mohawk-My understanding is that is OSI estimate to us as to what it will take them to complete the improvements that were provided for in that plan and to maintain them during the three year period while the Town has the right to decide who will be the ultimate holder of title there. We do not have a question in our mind that the amount provided will be sufficient to make the improvements they are not substantial improvements. ...OSI will go in and make the improvements the trail system will be set up regardless of the status of the balance of the development except for the road system that will go to the actual OSI ... Executive Director Mr. Martin-Noted that the access to the trail system is in a later phase of the project... Attorney O'Connor-The entire OSI and the improvements are separate from the development, they will be completed immediately. When we do the road abandonment we can work out if we have to temporary access through the balance of our lands which would never go to OSI, for access which is what your concern IS. Councilman Monahan-Questioned if the trail systems are set up and sit idle for years there is going to be vandalism etc., I do not see the sense in doing that and walking away. Attorney O'Connor-If you come up with the final party that will actually manage and maintain this it is to your advantage to do it quicker. We will give it to them up to the standards that you have required in the plan. Attorney Dusek-We are talking about two issues: 1. Access - and timeliness of the access and 2. Re: Money OSI was picking a number and they are not guaranteeing that, that number is going to be the number and in fact they have in the contract any sums required beyond said amount shall not be the responsibility of OS!. Supervisor Champagne-We have an agreement on a plan what we do not have an agreement on right now is $20,000 if in fact will it support the plan or will it not. I do not think this Board wants to go into the plan without realizing that in order to accomplish what's in print can be done for $20,000. I want to hold this until Mr. Borili comes in and shows me a budget that's a performance budget that funds the kinds of projects that we are talking about in here and it is going to have to be approved by the original committee that supported the plan. It is a question now what part of the tag is going to be put on the Town if any, if there is none there and we all agree that $20,000 will more than support it, lets get on with it. Mr. Brewer-Requested that when a plan is brought back he would like to see that the committee reviews it. Attorney O'Connor-Noted the issue seems to be if the $20,000 will cover the plan... Councilman Monahan-I am looking for a budget and a time frame, and how we are going to access it and when. Attorney O'Connor-Time frame is with OSI and access we can work out with the town on the basis of abandonment.. . Councilman Monahan-Noted that maybe there should be access to the trail before phase IV. Attorney Dusek-Noted that was discussed as the Extension onto Sherman Island, that would give access...recommended that no action be taken until this is straighten out... Mr. Alan Oppenheim-Discussed changes-instead of two points of access to the trail system have one point... Attorney Dusek-Noted he was satisfied with the title as to what would be conveyed into OSI, and the boundary descriptions, Mr. Steves has a letter and map to be presented tonight... Mr. Oppenheim-We have that. Attorney Dusek-That will address the issue of having the right parcel, only issues left with going ahead with OSI is 1. the agreement to be ironed out and 2. make sure of the minor amendments have been made to the management plan, which go primarily to the access and trial. Executive Director Mr. Martin-From the standpoint of protection of the conservation area it is probably an improvement. Discussion held in front of the Town Board using maps .... regarding the new description of access to the trail system, that being the only change to the management plan. Discussion held regarding tax exemption for OSI...language will be included in the document regarding what is allowed... Discussion regarding Sherman Island Road-Attorney Dusek-Noted that this will be abandoned in sections... RESOLUTION TABLING 180.95 RESOLUTION NO. 181.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby tables resolution no. 180.95 for further information. Duly adopted this 20th day of March, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST 5KRACE RESOLUTION NO. 182.1995 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct a 5K race (run/walk) as follows: SPONSOR: Adirondack Nautilus, Ltd. EVENT: 5K RACE (RUN/WALK) DATE: Saturday, May 20, 1995,9:00 a.m. PLACE: Beginning at Queensbury Racquet Club/ Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd., to hold their 5K race (run/walk) in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that this be subject to the approval of the Warren County Superintendent of Public Works, Fred Austin, which approval may be rescinded or which may modify the authorized date. Duly adopted this 20th day of March, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 183.1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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: COMPTROLLER: FROM: TO: $ AMOUNT: 001-1310-1100-2 (Sr. Acct. Clerk - OT) 001-1315-1100-2 (Sr. Acct. Clerk - OT) 1,000. WATER: FROM: TO: $ AMOUNT: 40-8310-4003 (Fiscal Agent Fee) 40-1950-4400 (Property Taxes) 1,453.87 and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 20th day of March, 1995, by the following vote: AYES Mr. Turner, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION RE-APPOINTING MEMBERS TO RECREATION COMMISSION RESOLUTION NO. 184. 1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Recreation Commission, and WHEREAS, Mr. David Hersh and Ms. Sharron L. Simmonds have requested reappointment to said Commission, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Mr. David Hersh and Ms. Sharron L. Simmonds to serve as members of the Recreation Commission, said terms to expire in December 2000. Duly adopted this 20th day of March, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION AUTHORIZING DISPOSITION OF RECORDS RESOLUTION NO.: 185.1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, adopted the Records Retention and Disposition Schedule MU-l, issued pursuant to Article 57-A of the Arts & Cultural Affairs Law, and WHEREAS, at the time the aforesaid resolution was adopted, the Town Board also indicated that only those records will be disposed of that are described in the Records Retention & Disposition Schedule - MU-l after they have met the retention described therein, and that only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established time periods, NOW, THEREFORE, BE IT RESOLVED, that until the Town Board adopts a further resolution, it may be assumed by Town officers and employees destroying records in accordance with the guidelines set forth in the Records Retention & Disposition Schedule - MU -1, that all records allowed to be destroyed in accordance with the guidelines, do not have a sufficient administrative, fiscal, legal, or historical value to merit retention beyond established time periods, unless the Town Board shall have by specific resolution, directed such retention. Duly adopted this 20th day of March, 1995 by the following vote: AYES Mr. Turner, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION APPOINTING CODE ENFORCEMENT OFFICER RESOLUTION NO. 186.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has previously established the position of Code Enforcement Officer, and WHEREAS, the Town Board and Mr. James M. Martin have reviewed applications, resumes, and conducted interviews, and hereby recommends that Mr. John Goralski be appointed as the new position of Code Enforcement Officer, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. John Goralski to the position of Code Enforcement Officer on a provisional basis and subject to probationary period requirements, and the possibility that the title and duties of the position may be somewhat changed or altered by further Town Boar action, with his annual salary to be set at $32,000 per annum, and paid proportionately as earned, and with employment to start April 3, 1995, and BE IT FURTHER RESOLVED, that the Town Supervisor and Town Comptroller are hereby authorized and directed to complete any necessary forms to effectuate this resolution. Duly adopted this 20th day of March,1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE FOR FRANK 1. PARILLO RESOLUTION NO. 187, 1995 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically considering a request for an amendment to the Town of Queensbury Zoning Ordinance by Mr. Frank 1. Parillo whereby his parcel of land, known as Tax Map No. 125-1-28 and located at the corner of VanDusen & Pitcher Roads in the Town of Queensbury would be designated as an additional area in the Town of Queensbury for mobile home parks and subdivisions in ~ 179-29 of the Code of the Town of Queensbury, and otherwise be considered as part of the mobile home overlay district, and WHEREAS, on or about February 6, 1995, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request to be submitted to the Town of Queensbury Planning Board for a report and recommendation, and WHEREAS, on or about the 28th day of February, 1995, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board approval, with conditions, of the Petition for a Change of Zone for Mr. Frank 1. Parillo to be part of the Mobile Home Overlay District, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and Map, it is necessary pursuant to Town Law ~265, the Municipal Home Rule Law, and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed Zoning Amendment has submitted a Short Environmental Assessment Form and completed Petition for a Change of Zone, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map to add a new area of the Town of Queensbury for mobile home parks and subdivisions, and to read as set forth in the annexed proposed Local Law, and BE IT FURTHER, RESOLVED, that said public hearing on the issues set forth in the preambles of this resolution and proposed Local Law, shall be held on April 17th, 1995, at 7:00 p.rn., at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification of the proposed Zoning Amendment to all said property owners that a public hearing will be held mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, Warren County Planning Board, and such other communities or agencies that it is necessary to give written notice to pursuant to ~265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the action about to be undertaken is subject to SEQRA and that it desires to be lead agent for purposes of the SEQRA review, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby authorized and directed to forward the Application for Rezoning and a copy of the EAF and give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and to review and send any notices to potentially involved agencies that may be necessary, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency, if notice is necessary. Duly adopted this 20th day of March, 1995, by the following vote: AYES Mr. Turner, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS TO SELL USED TELEPHONE EQUIPMENT RESOLUTION NO. 188.95 INTRODUCED By: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of selling, by advertisement for the receipt of bids, approximately Used Telephone Equipment, with Town rights to turn down all bids. NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said used Telephone Equipment Mitel SX-100 Superswith equipped as follows: (1) Attendant Console (8) Line Card 9110-110 (1) 4-C.O. Truck Card 9110-211 (1) Console Control Card (Dual) (1) Tone Control Card 9110-005 (1) Scanner Card 9110-104 (1) Prom/UPU Card 9110-003 (1) RAM/COS Card 9110-002, be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that only lump sum bids for all equipment will be received at the Office of the Town Clerk of the Town of Queensbury at nay time until, but not later than April 10th, 1995, at 2:00 p.rn. and that the bids will be publicly opened and read at 2:05 p.rn. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as accepted, that full payment for the Used Telephone Equipment must be made in cash or certified check or bank cashier's check and delivery must be taken within 10 days of the opening of the bids, and BE IT FURTHER RESOLVED, that the Town Clerk or her designated Deputy, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.rn., April 10th 1995 read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 20th day of March,1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mr. Caimano, Mrs. Pulver DISCUSSION: Councilman Monahan-Questioned the status on the Business Automation Agreement-GIS system... Town Board agreed to hold resolution until the Next Town Board Meeting Councilman Monahan-Status of Transient Merchant Law...penalties to Local Law... Attorney Dusek-Will prepare a resolution for the Town Board regarding the penalties... Discussion held: Bidding on Equipment for Qsby. Highway Dept.-Highway Committee met and supported the bidding process... RESOLUTION TO APPROVE PURCHASE OF MACHINERY AND/OR APPARATUS FOR CONSTRUCTION AND MAINTENANCE FOR THE TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 189.1995 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Highway Superintendent for the Town of Queensbury is desirous of purchasing machinery and/or apparatus for construction and maintenance, said machinery and/or apparatus consisting of one (1) track type tractor with bulldozer and one (1) all wheel drive heavy duty hydraulic wheeled excavator, and trading certain machinery, as more specifically described in the bid specifications, and the Town Board of the Town of Queensbury is desirous of approving, or, as may be necessary, authorizing said purchase and trade, increasing authorized appropriations in the capital project fund number 94 for said purchase and arranging for the financing of the purchase as more specifically set forth herein, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves and, as may be necessary, authorizes the purchase of machinery and/or apparatus for construction and maintenance and trade of certain machinery, as described in the preambles of this resolution and as set forth in the Bidding Documents presented at this meeting, with the same to be paid for in accordance with the terms and provisions of this resolution, and BE IT FURTHER RESOLVED, that the said Town Board hereby authorizes and directs an increase of appropriations in the capital project fund number 94, known as "Highway Machinery Capital Project Fund" for the purposes of providing a fund out of which payments will be made for the aforesaid machines and provides that the increased appropriations for said capital project fund shall be in the amount of $300,000.00, the estimated total cost of the aforesaid machinery and/or apparatus and the proposed method of financing said capital project fund shall consist of the following: issuance of Bonds or Bond Anticipation Notes in a total amount not-to-exceed $300,000.00 with authority to renew the same, as may be necessary, from time to time, to be vested in the discretion of the Town Supervisor as Chief Fiscal Officer for the Town of Queensbury in accordance with the terms and conditions of a bond resolution to be adopted by the Town Board of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the Town Comptroller and Town Supervisor of the Town of Queensbury are hereby authorized and directed to take such other and further action as may be necessary to arrange for the increase in appropriations in the aforesaid capital project fund, the arrangement of funding of the same, and purchase of the aforesaid machinery and/or apparatus, including the establishment of any account lines within the fund as may be necessary to transfer funds to said account or pay monies from said fund for purchase of the said machinery and/or apparatus. Duly adopted this 20th day of March, 1995, by the following vote: Ayes: Mr. Turner, Mrs. Monahan, Mr. Champagne Noes: None Absent: Mr. Caimano, Mrs. Pulver RESOLUTION AUTHORIZING THE ISSUANCE OF $300,000.00 SERIAL BONDS OF THE TOWN OF QUEENSBURY TO FINANCE HIGHWAY DEPARTMENT PURCHASE OF MACHINERY AND/OR APPARATUS FOR CONSTRUCTION AND MAINTENANCE RESOLUTION NO.: 190. 1995 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury, Highway Superintendent is desirous of purchasing one (1) track type tractor with bulldozer and one (1) all wheel drive heavy duty hydraulic wheeled excavator in accordance with specifications presented at this meeting, and WHEREAS, said Town Board of the Town of Queensbury by previous resolution has approve and, as necessary, authorized said purchase in accordance with the Highway Laws of the State of New York, and WHEREAS, the maximum amount proposed to be expended for the purchase is the amount of $300,000.00, and WHEREAS, it is now desired to authorize financing for said purchase, and WHEREAS, the action for which this funding is proposed has been reviewed by the Town Board pursuant to the mandates of the State Environmental Quality Review Act and the Town Board has determined that action to be an action not subject to the requirements of the State Environmental Quality Review Act or it is a Type II Action for which an Environmental Impact Statement or other determination of proceedings under the Rules and Regulations are not necessary, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, as follows: SECTION 1. The specific object or purpose to be financed pursuant to this resolution is the purchase of machinery and/or apparatus for construction and maintenance, said machinery or apparatus to consist of one (1) track type tractor with bulldozer and one (1) all wheel drive heavy duty hydraulic wheeled excavator. SECTION 2. The maximum estimated cost of such specific object or purpose is a total of $300,000.00 and the plan for the financing thereof is the issuance of $300,000.00 serial bonds hereby authorized to be issued pursuant to the Local Finance Law. SECTION 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen (15) years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law as the cost of each machine and/or apparatus equipped as specified shall exceed the sum of $30,000.00. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five (5) years. It is hereby determined that pursuant to Section 35.00(b) of the Local Finance Law that this bond resolution is not subject to permissive referendum and that a five percent (5%) down payment is not required therefore pursuant to Section 107 of the Local Finance Law. SECTION 4. The faith and credit of said Town of Queensbury, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Unless paid form revenues derived form the aforesaid specific object of purpose, there shall annually be levied on all the taxable property of said Town of Queensbury, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. SECTION 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor the Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. SECTION 6. The powers and duties of advertising the bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Town Supervisor, who shall advertise the bonds for sale, if appropriate, conduct the sale and award the bonds in such manner as he shall deem best for the interest of the Town of Queensbury, provided, however, that in the exercise of those delegated powers he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State comptroller applicable to the sale of municipal bonds. The receipt of the Town Supervisor shall be a full acquittance to the purchaser of such bonds who shall not be obliged to see to the application of the purchase money. SECTION 7. The validity of such bonds or notes or any bond anticipation notes issued in anticipation of the sale of such bonds may be contested only if: 1) Such obligations are authorized for any object or purpose for which the Town of Queensbury is not authorized to expend money, or 2) The provisions oflaw which should be complied with at the date of the publication of such resolution or summary thereof, or certificate, as the case may be, are not substantially complied with and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the constitution. SECTION 8. This resolution shall be published in full by the Town Clerk of the Town of Queensbury in the official newspaper of the Town of Queensbury, together with a notice of the Town Clerk substantially in the form provided in Section 81.00 of the Local Finance Law. SECTION 9. This resolution is not subject to permissive referendurn. Duly adopted this 20th day of March, 1995 by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent: Mr. Caimano, Mrs. Pulver RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR NEW 1995 ALL WHEEL DRIVE HEAVY DUTY HYDRAULIC WHEELED EXCAVATOR RESOLUTION NO. 191. 1995 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the purchase of a new 1995 All Wheel Drive Heavy Duty Hydraulic Excavator and trade of certain machinery, for the Highway Department, which is more specifically identified in the proposed bid documents and specifications submitted to this meeting, and WHEREAS, pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory requirements, and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said new 1995 All Wheel Drive Heavy Duty Hydraulic Wheeled Excavator be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than April 3, 1995, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 p.rn. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town of Queensbury is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.rn., April 3, 1995, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 20th day of March, 1995, by the following vote: AYES Mr. Turner, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Caimano, Mrs. Pulver Discussion held-Highway Supt. Paul Naylor-This would be a replacement for the Gradall, 22 years old...change delivery date of 30 days to 45 days in the bid proposal... RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR TRACK TYPE TRACTOR WITH BULLDOZER RESOLUTION NO. 192. 1995 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the purchase of a new Track Type Tractor with Bulldozer and trade of certain machinery, for the Highway Department, which is more specifically identified in the proposed bid documents and specifications submitted to this meeting, and WHEREAS, pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory requirements, and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said new Track Type Tractor with Bulldozer be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than April 3, 1995, at 2:00 p.rn., and that the bids will be publicly opened and read at 2:05 p.m. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town of Queensbury is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.rn., April 3, 1995, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. RESOLVED, that the word Ripper be removed from the specifications. Duly adopted this 20th day of March, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Caimano, Mrs. Pulver Discussion held before vote: Take the word Ripper out of the bidding documents... DISCUSSION 3.1 Set Date for Fire/EMS Interviews Four agencies that have shown an interest in submitting proposals for review of Fire and EMS studies...ApriI4th or 5th at 6:00 P.M. 3.2 Harron Cable-Committee Assignments-Hold for next meeting... 3.3 Risk Management-Have not heard from Mr. Plunkett-also have another interested party, will contact after hearing from Mr. Plunkett 3.4 Early Retirement-Decision must be made by May 5th if the Town is interested...Town Comptroller reported to the Town Board ...29 people who are eligible, at salary of $850,000 per year...if all of those take the plan it would cost the Town $100,000 a year for five years...The State premises was to eliminate positions...Town Board decided to poll those employees to see who would be interested without committing to the early retirement... Supervisor Champagne-Noted that the ACO Van arrived today...talking about auctioning off the old van... Ltr. from Church of the Nations, requesting use of the Activity Center for Church Services, long term commitment.. . Decision of the Town Board to turn down the request... Ltr. Mrs. Phyllis Marvin-I will not be able to attend the next Town Board meeting scheduled for Monday, March 20. Please share my letter with the Board. I am very distressed and frustrated to learn that we are to have another Blockbuster Video foisted on our town. Mr. Martin's office had to consult the plans to confirm that it would indeed be another blue-roofed ugly building. He alleged that it had been approved by the Town Planning Board because they had "no authority" to deny or change the plans! Supervisor Champagne did not even know that any change was in process! The only person in our whole town government, that I have been able to talk to, who shared my distress was Mrs. Monahan, but she, too, was unaware of the case till I called her! There was an uproar when the first blue-roofed monstrosity was built on Quaker Road several years ago, and, obviously nothing has been done to improve the town's response. All of Mr. Martin's meetings around the town last year have resulted in some Advisory Board that is evidently just getting organized and doesn't even have a chairperson yet. It seems that the Town is going through motions which should have been taken 20 years ago. When does some one or some board or some group stand up and say "enough"? Please take that stand NOW. Sincerely yours, Mrs. Phyllis Marvin PS. The bank on the corner of Quaker and Glenwood removed the blue roof and painted the walls so that it almost looks like a real bank! It can be done. Executive Director Mr. Martin-There is some question as to the canopies being allowed...the removal of the existing canopy then they will have lost their right to, it is non conforming building as it is with our 75' set back, a canopy is considered part of the structure that would violate the front yard setback...also a question is the canopy is part of the sign and would violate the sign code as well. ATTORNEY MATTERS Attorney Dusek-requesting Executive Session OPEN FORUM Mr. John Salvadore-The Code Enforcement Officer that was appointed tonight is that the right title? Executive Director Mr. Martin-The suggestion was made to change it to Code Compliance Officer. Mr. Salvadore-Do we have a Code Enforcement Officer? Executive Director Mr. Martin-We have Assistant Building and Code Enforcement Officers as a matter of title. Mr. Salvadore-Will John work under Dave? Executive Director Mr. Martin-No. Under me directly. It was an observation of many people during our last comprehensive plan meetings this summer, the code enforcement was a continuing theme as not being up to speed. Councilman Monahan-Noted that Beautification, Planning and Zoning have asked to have this... Mr. Salvadore-Will this person work before the project is built or after? Executive Director Mr. Martin-He will have some input prior to and involved after approvals making sure things are built according to the way they were approved. Mr. Salvadore-That is the building inspectors problem. Councilman Monahan-No, there are a lot of other regulations that are not just the stick type of inspections. Supervisor Champagne-Noted the recent problems that have come forth such as Walmart etc.. Mr. Salvadore-We developers spend a lot of money to get competent people to put pencil to paper, they are supposed to know the codes, standards and local requirements, they put a seal on that drawing, who are you going to protect me or the guy that I have hired? Councilman Monahan-You have the guy that puts the seal on but he is not the guy putting the shovel in the ground that is the time that some of the problems happen. All we are doing is making sure our ordinances are complied with. Mr. Salvadore-You do that up front... Councilman Monahan-It is like a clerk of the works, sometimes people do not follow plans. Supervisor Champagne-This persons job is to protect the Town and the taxpayers to avoid further litigation... Mr. Salvadore-This becomes a Town project then when you enter that field and you do that work this is as good as a Town project. You have the last hammer the occupancy permit...you should confine your roll to the permit granting powers. Executive Director Mr. Martin-..noted most reasonable solution for both parties is to catch the problem before it happens. Mr. Salvadore-I would hope Mr. John Goralski would have some kind of engineering, technical, experience know how education because he is going to be interpreting codes. Executive Director Mr. Martin-He has a degree in planning. Mr. Salvadore-What is the purpose of the interviews for fire and ems? Supervisor Champagne-To evaluate their qualifications and experience and for the Board to determine which one of the four or five they believe would do the best job for the Town at a cost that is acceptable to the Town. We will interview first and then ask for request for proposals... Mr. Salvadore-Questioned how big a machine it the bulldozer? Supervisor Champagne-D-4.. Mr. Salvadore-Questioned what we are doing in the Town in regard to waste water? Supervisor Champagne-It is very quiet...noted things are on hold until the administrator comes on in the County. Mr. Salvadore-Discussed the Alcohol and Beverage Control Board - It sounds like this activity might come back under local control, maybe this is something you might want to find out more about. Spoke about the gym at the Lake George School and the cost of renovations to accommodate handicapped access...gave handout to Supervisor regarding Student Loans. Mr. Pliney Tucker-Questioned if the work on the Transient Merchant Law has been done? Executive Director Mr. Martin-It has been done. Mr. Tucker-RE: Highway Equip. 300,000 BAN you assume it will not be more than that? Supervisor Champagne-It will not be that much. Mr. Tucker-RE: Landfill It appears we have a lot of erosion, who is responsibility is that going to be to fix the erosion and the engineer to see that it is done right? Councilman Monahan-Our consultant was on top of it and contacted the engineer and contractors and are going to take care of it. Mr. Tucker-RE: Storage shed law Executive Director Mr. Martin-That is next. Mr. Tucker-RE: Hudson Point-Open Space Institute, when does their time start? Councilman Monahan-When we sign the papers. Mr. Tucker-At the end of three years they will give up the management and if you cannot find a third party the Town is going to take it over? Do we have any idea what it will cost the Town? Councilman Monahan-Being passive, it should not be too much of a cost. Mr. Tucker-How many acres? Councilman Monahan-97 acres... Mr. Tucker-On the project itself? Councilman Monahan-It is the bluff area that we wanted to protect. Mr. Gilbert Bohem-Dunhams Bay-Noted there is more to maintenance than keeping the trails in shape, clean up etc. that needs to be built into the costs...re: Landfill - when it rains it becomes a mud area a lot of people are discouraged from going there, are there any plans to do anything in there? Councilman Monahan-Noted that we cannot do much until they get the landfill part itself closed....we will be doing something in there. Mr. Boehm-Questioned what the risk management plan was? Supervisor Champagne-It has to do with everything from workmen's compensation, how to set up a good safety program to prevent injury...a program that addresses any loss to the Town, through accident prevention by human error, whether it is OSHA regulations, following the new sexual harassment regulations, it is everything under that one umbrella. It talks about how to protect the Town from lawsuits under State and Federal mandates. We are urging our insurance carrier, Cool Insurance Co. to provide us with at least minimal kinds of support to get us up and running. Noted we may be looking for a consultant for a short period of time to help us. Councilman Monahan-Spoke about the education of the employees... Mr. Gilbert Boehm-Questioned if we get help from the insurance company. Supervisor Champagne-We will be bringing in representatives from Cool and St. Pauls and asked for their professional help. Mr. Gilbert Boehm-RE: Fire/EMS Are you looking for one contractor to handle the whole Queensbury area or individual fire companies. Supervisor Champagne-We are planning to bring in a consultant, to do a survey to identify are we properly equipped to handle the kind of fire fighting that is within that particular districts area? Are we spending too much, too little, in order to equip the companies to do the kind of work that is expected of them? It is a total review of all the assets and growth in the Town to make sure Queensbury Central is capable of dealing with Queensbury Central, kinds of buildings and structures what have you. Are the district lines broken out properly... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 193.95 INTRODUCED BY: Mrs. Betty Monahan 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 one issue of personnel, collective bargaining negotiations, matter of litigation. Duly adopted this 20th day of March, 1995 by the following vote: AYES: Mr. Turner, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mr. Caimano, Mrs. Pulver RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 194.95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 20th day of March,1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mr. Caimano, Mrs. Pulver Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury