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1995-12-18 REGULAR TOWN BOARD MEETING DECEMBER 18, 1995 7:05 P.M. MTG#67 RES#638-662 B.H. 22-23 BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner Councilman Connie Goedert Councilman Carol Pulver TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Cathy Geoffroy, Mike Shaw, Dave Hatin, Kim Heunemann, Paul Naylor PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TURNER RESOLUTION ENTERING BOARD OF HEALTH RESOLUTION NO. 638, 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 from the Queensbury Town Board and moves into the Queensbury Board of Health. Duly adopted this 18th day of December, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING SEPTIC VARIANCE KEVIN DINEEN OPENED 7:05 P.M. NOTICE SHOWN Supervisor Champagne-Is there anyone here representing Kevin Dineen this evening? Ok. Dave do you want to talk to us please? Building Inspector David Hatin- What you have here is a septic variance to vary from a neighbors well which is less than one hundred and fifty feet from a new system that is proposed for Mr. Dineen's property. You should have sign offs from the adjoining home owner as well as the tenant that lives in that residence. This will be an improvement from what is there now. Councilman Goedert-These sign offs came last week didn't they, weren't they in the packet with the..? Building Inspector Hatin- They have been in the packet since it was submitted to the board. Supervisor Champagne-You have heard the recommendation. Councilman Monahan-Do we have, are all the sign offs we have Dave from all the neighbors? Building Inspector Hatin-Just one neighbor is affected, that is it. Councilman Monahan-Just one neighbor that is affected. Building Inspector Hatin- The home owner actually meets the separation distances, the adjoining neighbor does not. Councilman Pulver-I don't have a problem with this but haven't we in the past sometimes gotten a little diagram you know, here it is and there it is going. Councilman Monahan-We did have it Carol, we got it in the packet before hand. Councilman Pulver-But hasn't it always been with the resolution though too? Councilman Turner-It used to be, I thought it was yes. Supervisor Champagne-Ordinarily it would come with the resolution, you would have it all in one packet. Councilman Pulver-But are we not doing that anymore? Supervisor Champagne-We got one a week early. Councilman Pulver-I mean once in a while we discontinue things and I always do not know that we have stopped doing it so it was my question. Councilman Monahan-I think maybe we got it when we set the public hearing I think it was with the resolution that set the public hearing. Councilman Pulver-But now that we are going to be approving on it is when I would think that we would have it, here. Unknown-Is this a problem here? Councilman Pulver-It is not a problem I would just think. Building Inspector Hatin-Ivan Bell is the Contractor doing the job for Mr. Dineen, if you have any questions. Supervisor Champagne-I think what we are asking for is to have sent to the Board at the time of the approval and at that public hearing although we are trying to save paper. Councilman Monahan-We said well we got it once we were going to hang onto them. Councilman Pulver-I remember it I just was wondering why I did not have attached here. Supervisor Champagne-Well that is our paper saving. Ok, you have heard the proposal are we ready to make the resolution? RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR MR. KEVIN DINEEN RESOLUTION NO.: 22, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mr. Kevin Dineen previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically that requiring that there be a 150' separation between the seepage pit and a well or suction line, and 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 request on December 18, 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 variance, it is felt that the variation 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 variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance 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 variance to Mr. Kevin Dineen allowing the placement of the seepage pit 125' from his neighbor's well, rather than placing it at the mandated 150' distance, on property situated at 149 Birdsall Road, Town of Queensbury, New York, and bearing Tax Map #: Section 40, Block 1, Lot 31. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 23, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Queensbury Board of Health hereby adjourns and the Town Board moves back into Session. Duly adopted this 28th day of December, 1995 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None QUEENSBURY TOWN BOARD MEETING PUBLIC HEARING SEWER RENTS OPENED 7:09 P.M NOTICE SHOWN Supervisor Champagne-Mike do you want to lead us into that? Public Hearing opened. Wastewater Deputy Director Shaw-This public hearing is on the sewer rents for 1996 for Quaker Road sewer district. Those rents are as follows: residential would be sixty dollars for the first fifty thousand gallons of water usage per year beyond the fifty thousand gallons it would be three dollars and ten cents per thousand gallons, commercial rate would be five forty five for one thousand gallons of usage. These rates reflect a raise this year the residential flat rate has been raised ten dollars. The residential per thousand rate has been raised thirty five cents and the commercial rate has been raised thirty five cents per thousand. Supervisor Champagne-Mike is that what the, when we met previously and we discussed this is that the rate that we are talking about or have we increased that? Wastewater Deputy Shaw-That is the rate we had discussed previously. Supervisor Champagne-Anything else from the Board? Questions? Councilman Monahan-We have not had any comment from the public on this. Wastewater Deputy Shaw-I have not heard any. Just for the record, if you want it on the record, the over all bills for Quaker Road Sewer District that would be the bond payment you see on the County tax bill and your O&M rates I am projecting an over all bill to be less this year. Residential using fifty thousand gallons or less would be have a total bill of twenty eight dollars less and a commercial property with two acres and two million gallons of water usage per year will see a bill of three hundred and twenty six dollars less. So actually there is a raise in the O&M rate but actually it reflects an overall deduction in everybody's bill. Supervisor Champagne-Ready to vote? Are there anyone present that would like to speak..(none) Public Hearing was closed at 7:11 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 13, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL" TO AMEND ARTICLE XXIV CONCERNING "ESTABLISHMENT OF SEWER RENTS" RESOLUTION NO. 639, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. 13, 1995, A Local Law to Amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal", to amend Article XXIV concerning "Establishment of Sewer Rents," and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, and WHEREAS, on December 18, 1995, a public hearing with regard to this Local Law was duly conducted, and NOW, THEREFORE, BE IT 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 136 thereof, entitled "Sewers and Sewage Disposal," to be known as Local Law Number 13, 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. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None LOCAL LAW SECTION 1. Chapter 136 of the Code of the Town of Queensbury, Article XXIV, Section 136-137, Paragraph A, is hereby amended to read as follows: A. Annual charges pursuant to ~ 136-135 hereof for the Central Queensbury/Quaker Road Sewer District: (1) For residential properties: sixty dollars ($60.00) annually for each residential unit, plus three dollars and ten cents ($3.10) per thousand gallons of water consumption in excess of fifty thousand (50,000) gallons per year, as indicated by the current water meter readings, billed on a quarterly basis. (2) For nonresidential properties: five dollars and forty-five cents ($5.45) per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. (3) For nonresidential properties that are not equipped with functioning meters, the following schedule of charges shall apply: (a) All properties, except restaurants, taverns, bars or similar uses with one (1) rest room: two hundred seventy-two dollars and fifty cents ($272.50), annually. (b) All properties, except restaurants, taverns, bars or similar uses with two (2) or more rest rooms: five hundred forty-five dollars ($545.00) annually. (c) Properties with restaurants, taverns, bars or similar uses: eight hundred seventeen dollars and 50 cents ($817.50) annually. SECTION 2. This Local Law shall take effect as soon as allowed under the Municipal Home Rule Law. PUBLIC HEARING MOBILE HOME STEVEN AND DODY THETFORD OPENED NOTICE SHOWN Supervisor Champagne-This public hearing is opened, is there anyone here from the group that would like to speak on behalf of that plan? Your name please? Steve Thetford-I do not know what I can say you all have the paper work in front of you, right, you can see what I am doing. Councilman Turner-I went and looked at it today, I do not see any problem with it. Councilman Pulver-I do not see any problem either. Councilman Turner-Now, there is trailer homes in there already now, so it is not going to change the character of the neighborhood or anything. Councilman Goedert-It will improve it. Councilman Turner-Yes, it will improve it. Supervisor Champagne-Ok. Anyone object to it from the audience? Are we ready to? Councilman Monahan-I have a couple of questions of the Attorney? Supervisor Champagne-Go ahead. Councilman Monahan-Paul, do we usually we usually put in these revocable permits, do we usually put a time limit like a year and they have to come back in? Attorney Dusek-No. Councilman Monahan-We don't, that is what I was wondering. Attorney Dusek-The reason for that is, is because they are revocable, you would start proceedings anytime you do not need to put in a renewal clause and usually we have not in the past. Councilman Monahan-I did not have a chance to review the legislation so I was not sure one way or another. Does this resolution mean that this permit will be only good for Steven and Dody? If not I would like to tie it down to the applicant so we have a little bit of a handle on these mobile homes going in and out. Attorney Dusek-The resolution does not tie it down to just them. Councilman Monahan-Could we tie it down please and then if somebody is moving one in and out we will have a little bit of control. Councilman Turner-This is a modular right? Mr. Thetford-It is going to be set on a foundation, I mean it is not going to be ... Councilman Turner-That is a mobile home but you are setting it. Mr. Thetford-It is going to be permanent fixed. Councilman Monahan-I am just thinking about the one that we went through a while ago. Councilman Goedert-This is a different story. Councilman Pulver-They are going to permanently fix it and if they decide to sell their property or something they will not be able to. Supervisor Champagne-This is their property too right, I mean. It is your deeded property. Mr. Thetford-Yes. Councilman Monahan-Ok. All right. Councilman Turner-You know you are tying their hands, to the sale of property. Councilman Monahan-I have a concern and sometimes on rented property where you know, there have been turn overs and we have not known about it. Mr. Thetford-Once I have fixed it a foundation it is going to fall under your ordinance on modular anyway. Councilman Turner-Well not exactly. But I mean, you know it would be force to take it off of there. Supervisor Champagne-Ok. Anyone else in the public to speak against this? None Ready to vote: PUBLIC HEARING CLOSED RESOLUTION REGARDING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR STEVEN AND DODY THETFORD RESOLUTION NO.: 640,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Steven and Dody Thetford have filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated at 26 Pasco Avenue, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing with regard to the aforesaid permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit in accordance with the terms and provisions of ~113-12 of the Code of the Town of Queensbury. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTIONS RESOLUTION AUTHORIZING RETURN OF DEPOSIT TO G. F. REFRIGERATION AND HEATING WORKS RESOLUTION NO.: 641,95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, G. F. Refrigeration and Heating Works, Marvin S. Dobert, Jr., deposited the sum of $22,900. with the Town of Queensbury to assure the faithful performance of the contract and payments of labor and material reasonably required to be used in completion of the agreement to furnish and install air conditioning systems in the Activities Center of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has been advised that the air conditioning project has been fully completed and is satisfactorily operating, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with the contract terms and provisions, hereby authorizes the return of 90% of the sum of $22,900., plus any interest that accrued thereon, to G. F. Refrigeration & Heating Works, Marvin S. Dobert, Sr. Duly adopted this 18th day of December, 1995 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES:None ABSENT:None Discussion held before vote: Councilman Goedert-Is it a previous agreement that they would only get 90% of it back? Attorney Dusek -Yes. Actually it is 90% now and then I think it is about two months down the line he will get the balance of the 10%. RESOLUTION REGARDING CEMETERY FUNDS RESOLUTION NO.: 642,95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Cemetery Commission has been withholding a sum of $1,500. per month from monies turned over to the Town Supervisor each month and generated from the sale of cemetery lots, burial services, and crematory services, and other similar types of income received by the Cemetery Commission in connection with the operation of the Cemetery and Crematorium, from June 1, 1993 until August 1, 1995, and WHEREAS, it is the Town Board's understanding that the Commission has deposited the retained sums in the Commission's Trust Fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Commission to retain the sum of $1,500., per month from June 1, 1993 to August 1, 1995, from monies generated from the sale of cemetery lots over and above those amounts previously authorized to be retained with the understanding that: 1) the funds were deposited in the Cemetery Commission's Trust fund; and 2) the Commission shall not request or claim any further amounts in connection with the Crematory purchase, and BE IT FURTHER, RESOLVED that this resolution shall be deemed to have retroactive application. Duly adopted this 18th day of December, 1995 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None Discussion held before vote: Supervisor Champagne-We have finally arrived at a legal and financial agreement and consensus, the cemetery funds as they are reported balance out and we will end the fifteen hundred dollar retainage by the Cemetery Commission. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATION RESOLUTION NO.: 643, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of Maid Marion Way, in the Loxley Knoll Subdivision, offered for dedication by Barbara L. Barber, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which required environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None IMPACT STATEMENT A, Does action exceed any type I threshold in 6 NYCRR, Part 617.12? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in C l-C5? NO C7, Other impacts? NO D, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO X Check the box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action Will No result in any significant adverse environmental impacts and provide on attachments as necessary the reasons supporting this determination RESOLUTION ACCEPTING DEDICATION OF OF MAID MARION WAY (IN THE LOXLEY KNOLL SUBDIVISION) RESOLUTION NO. 644, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Barbara L. Barber has offered a deed to dedicate to the Town of Queensbury Maid Marion Way, in the Loxley Knoll Subdivision, which is more particularly described in the survey map presented at this meeting and the original deed being presented to this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he finds the road to meet the appropriate Town of Queensbury specifications, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of the said road be and the same is hereby accepted and approved, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that Maid Marion Way be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 507 Description: BEGINNING A T BAY ROAD AND CONTINUING IN A WESTERLY DIRECTION, A DISTANCE OF 1,150' AND HUNDREDTHS OF A MILE AND ENDING AT A CUL DE .22 SAC Name: Maid Marion Way Feet: 1,150 Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None Discussion held before vote: Councilman Monahan-I just for the record would like to say and I said this to Mr. Barber that I think he has done a superb job on this road and the landscaping he has done all along it, he had a difficult site a very steep site with steep slopes and the way he has handled it I just would hope that some other developers in Town would follow some of the great landscaping he has done along that road because he has done a fantastic job. Also one of the best views around here from the top of that road. Councilman Turner-He did a remarkable job. RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 645,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and NOW, THEREFORE, BE IT WHEREAS, said requests have been approved by the Chief Fiscal Officer, RESOLVED, that the funds be transferred as follows, for the 1995 budget: ATTORNEY: FROM: TO: 01-1420-4040 (Dues & Registrations) 01-1420-4060 (Service Contracts & Warrant) 01-1420-1890-0002 (Conf. Legal Sec. Proj. OT Earnings) 01-1420-4050 (Books, Pubs., & Subscriptions) 01-1420-4090 01-1420-4050 (Conference Expense) (Books, Pubs. & Subscriptions) 01-1420-4100 (Telephone Use) 01-1420-4130 (Legal Services) BUILDING & GROUNDS: FROM: TO: 01-1620-1400 (Laborer A) $2,900. 01-1620-2001 (Misc. Equipment) BUILDING & GROUNDS (Cont.): FROM: TO: 01-5132-4300 (Utilities) $1,700. 01-5132-4400 (Misc. Contractual) 01-5132-4500 (Fuel Oil/Gas) 01-5132-4400 (Misc. Contractual) 01-1620-1400 (Laborer A) 01-1620-2100 (Computer Hardware) 01-1620-4500-0027 01-1620-4650-0027 $ 100. 750. 7,000. 2,500. $ AMOUNT: 600. 200. $ AMOUNT: $ AMOUNT: 500. (Fuel Oil/Gas - Queensbury Center) 01-1620-4500-0027 (Fuel Oil/Gas - Queensbury Center) 01-5132-2001 (Misc. Equipment) 01-1620-4500-0022 (Fuel Oil/Gas) 01-1620-4300-0024 (Utilities - Court) 01-1620-4500-0024 (Fuel Oil/Gas - Court) 01-1620-2001 (Misc. Equipment) 01-1620-4791 (Equipment Maint. ) 01-1620-4500-0022 (Fuel Oil/Gas) (Air Cond./Furnace Repairs - Queensbury Center) 01-1620-4400-0027 (Misc. Contractual - Queensbury Center) 01-1620-4650-0023 (Air Cond./Furnace Repairs) 01-1620-2060 (Tools) 01-1620-4400-0024 (Misc. Contractual - Court) 01-1620-4400-0024 (Misc. Contractual - Court) 01-1620-2060 (Tools) 01-1620-4110-0022 (Vehicle Repair & Main. - TOB) 01-1620-4660-022 (Electrical Repairs) FROM: COMMUNITY DEVELOPMENT: TO: 01-8030-4400 (Misc. Contractual) COMPTROLLER: FROM: 001-1315-2031 (Computer Hardware) SUPERVISOR'S OFFICE FROM: 01-1220-4220 (Training) TOWN COURT: 01-8020-2032 (Computer Software) TO: 001-1315-2032 (Computer Software) TO: 01-1220-4400 (Misc. Contractual) $ 225. $ 200. 1,500. 500. 750. 750. 500. 800. 800. 600. $ AMOUNT: $ AMOUNT: $ AMOUNT: $483. FROM: TO: $ AMOUNT: 001-1990-1002 001-1110-1212-0002 $1,000. (Payroll Contingency) (Dep. Court Clerk OT) 001-1990-1002 001-1110-1720 2,000. (Payroll Contingency) (Officer, PT-Court) WASTEWATER: FROM: TO: $ AMOUNT: 032-8130-4425 032-1930-4400 $20,000. (City of GF (Judgments & Claims) Treatment Charges) 032-1990-1002 032-9030-8030 300. (Misc. Payroll) (Benefits-Soc. Sec.) WATER: FROM: TO: $ AMOUNT: 40-8310-4200 40-8340-2060 $ 3,400. (Insurance) (Tools) 40-8310-1910-0002 40-8310-1180-0002 130. (Sr. Typist FT OT) (PAC OT) 40-8310-4090 40-8310-4100 $1)00. (Conf. Exp.) (Telephone) WATER (Cont.): FROM: TO: $ AMOUNT: 40-8310-4130 40-8320-1400 1,500. (Legal Services) (Laborer A) 40-8320-1520 40-8320-1400 700. (WTPO 1) (Laborer A) 40-8330-1842 40-8320-1510 5,000. (Lab Tech) (WTPO II) 40-8310-4710 40-8320-1510-0002 2,900. (Eng. Services) (WTPO II OT) 40-8340-1400-0002 40-8320-1841-0002 1,500. (Laborer A OT) (Lab Oper. OT) 40-1990-1002 40-8320-1971 $3,000. (Payroll (WTPO Trainee) Contingency) 40-8330-1842 40-8320-1971-0002 2,000. (Lab Tech) (WTPO Trainee OT) 40-8310-4200 40-8340-1560 23,000. (Insurance) (Water Main. 1) 40-8340-1400 40-9010-8010 554.11 (Laborer A) (Retirement) 40-8310-4200 40-8340-2899 10,000. (Insurance) (CAP Contr) and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None Discussion held. A resolution was adopted with the following change: Transfer 001 1420.4100 $200 to 001 1420.4130 to cover the Bartlett Pontiff invoice. Councilman Goedert questioned the transfer from building and grounds regarding purchase of $1,500.00 for a certain chair and desk due to an employee having back problems, asked if the town requires that these kind of purchases come with medical slips? Ms. Geoffroy noted in the past some department heads have purchased things that are .... correct for their employees that have complained of certain problems. It was the decision of the board to pass the resolution but to hold the $1500.00 for further information. Councilman Goedert questioned why there is not a service contract on copy machines? Mrs. Heunemann noted she has spoken with someone regarding contracts for copiers next year. Councilman Goedert noted maybe it's time to think about purchasing a copy machine with a service contract noting it would be more cost effective to have a standard service contract. Councilman Monahan noted research was done regarding this and it was found that the town was spending more in service contracts than bills, it was stopped except on the very big pieces. Councilman Goedert noted there comes a time that even though they are still working they still need to be replaced. Supervisor Champagne noted he will look into service contracts. RESOLUTION OF TOWN BOARD ORDERING DEMOLITION AND REMOVAL OF BUILDING RESOLUTION NO.: 646,95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 254, 95, determined that upon reviewing all available information, that the building located on property tax map no.: 9-1-37, located on Crossover Lane and owned by Pine Knoll Corporation, appeared to be unsafe and dangerous, potentially an object of attraction and a danger to minors, unfit for the purposes for which it may be lawfully used and irreparable, and further ordered that the building be demolished, and in the event that the resolution of the Town Board was not complied with, that the Town Board would take action to have the property demolished, and WHEREAS, a hearing was held, at which time Jeffrey E. McMorris, Esq., an attorney representing the owner of the aforesaid property, appeared and agreed on behalf of the property owner, that if the owner failed to present a plan to the Town Board concerning the exercise of one of three options, that the Town could, after August 15th, make arrangements to bulldoze the property and have it demolished or burned or take such other and further steps as it may be deemed appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that there has been a refusal or neglect of the property owner of that property bearing tax map no. 9-1-37 to comply with an order of the Town Board of the Town of Queensbury and by virtue thereof, and the agreement made by the attorney for the property owner, the Town Board hereby authorizes the demolition and removal of the building by either Town employees or by contract, except that should the cost of demolition or removal exceed $7,000., the same shall be awarded by competitive bidding, and BE IT FURTHER, RESOLVED, that all expenses incurred by the Town in connection with the proceedings to demolish and remove the unsafe building, including the cost of actually removing the building, shall be assessed against the real property in which such building is located, and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of special ad valorem assessments, and BE IT FURTHER, RESOLVED, that the Director of Building and Codes Enforcement is authorized and directed to take such further steps as may be necessary and appropriate to accomplish demolition of the building, so long as the terms and provisions of this resolution are adhered to, and BE IT FURTHER, RESOLVED, that a copy of this resolution shall be sent by certified mail, return receipt requested, to the attorney for the property owner. Duly adopted this 18th day of December, 1995 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None Discussion held before vote. Dave Hatin, Director of Building and Codes spoke to the board regarding the Ushers unsafe structure. Mr. Hatin noted that on June 19th, 1995 a resolution was passed ordering Mrs. Usher on behalf of Pine Knoll Corporation to either repair or demolish the structure on Crossover Lane, Assembly Point. Since that time letters have gone back and forth between her attorney, town attorney, and his office. Have reached a point where they have come through with nothing other than letters. Sent a letter to them on November 7th, 1995 stating that the we were going to follow through with our plan and demolish the structure, noting he hasn't received a reply regarding that letter. Attorney Dusek noted if the town wants to get rid of the building this is the only way that you have left to do it. The owners have not chosen to undertake to either repair or to demolish it. This action, I believe is legally authorized if the board wants to take it. It would result in the building being torn down and the cost of the demolition and removal being re- laid to the taxes to the county to impose as a tax bill against the property as part of the normally yearly taxes. Councilman Monahan questioned if the building has been checked to see if there is personal property inside the building? Mr. Hatin when he look did not see any but didn't go through the entire building because it was boarded up partially at the time. Councilman Monahan questioned if it should be checked? Attorney Dusek noted it wouldn't be a bad idea for Mr. Hatin to take a look. Mr. Hatin, I can't believe there would be anything valuable to anyone in there. Attorney Dusek it is not like the applicant doesn't know about it. The attorney back during the meeting that was held before this board consented to this type of action being taken should they not follow through with their plans. Supervisor Champagne noted it would be good to get something in writing signing off on this. Attorney Dusek noted he feels comfortable because he was here at a meeting and was represented on the record. I went back and looked at the record there was a statement made by him to that affect that he understood that if he didn't take action that the board would go ahead and do it. I repeated that on the record and then I sent to the attorney as Dave indicated on November 27th, 1995 a letter certified mail, return receipt requested. I did get back the receipt wherein I indicated to him that this type of action would be proposed to the board. In fact, in the letter to him I indicated it would be on December 4th, 1995 we held back another term until the next two weeks to make absolutely sure we weren't going to hear from him and we haven't gotten anything. Councilman Turner questioned the amount not to exceed in the resolution. Attorney Dusek noted that it is the ordinance itself, doesn't know what the cost is going to be. Mr. Hatin noted he has one estimate from Crandall Excavating who does a lot of work in that area which is $2,380.00. Vote taken. Mr. Hatin questioned if he could advise Crandall Excavating to proceed? Councilman Monahan questioned if insurance is required from these people? Attorney Dusek recommended Mr. Hatin getting a certificate of Insurance. RESOLUTION APPROVING PAYMENT OF SEWER TAXES TO WARREN COUNTY RESOLUTION NO.: 647,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury owes Warren County $19,869.72 for taxes for the Central Queensbury Quaker Road Sewer District relating to the settlement of back assessment claims, and WHEREAS, the Sewer District has available appropriations to pay the County in its 1995 budget, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes the payment of $19,869.72 to Warren County, with payments to be made from Account Number 032-1930-4400 (Judgments and Claims). Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None Discussion held before vote. Ms. Geoffroy noted this is a change in the way Warren County bills the town for back litigations on assessment cases. Whenever there is a litigation that settles in prior years we've already collected one hundred percent of that tax dollar and the county is left holding the receivable. What they do is if they don't get made whole they put that on our next years tax bill. In this instance when we got the tax rates for ninety six this amount in the sewer district caused the rates to go up significantly. We had available in the sewer district enough money in the ninety five budget to pay the claim in whole rather than tax the ninety six taxpayers for it. Asked the county to send the town a bill so we could pay it in full this year and not impact the ninety six tax roll with it. The other districts in the ninety six fund was a minor impact because it is being spread over more residents so the tax rates were close to what was estimated when we did the budget. Supervisor Champagne noted this was the Regency Parks ninety three settlement. RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR MICHAEL 1. V ASILIOU, INC. TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 648, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert Motion to table Resolution No. 648, 95. Duly adopted this 18th day of December, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None DISCUSSION HELD - MR. V ASILIOU AND JIM MILLER, MILLER ASSOCIATES PRESENT COUNCILMAN MONAHAN-Noted when this was discussed before she was under the impression that the attorney was directed to tie this rezoning down tightly not with just the conditions in it but it was contingent on this coming to us as a PUD and also it is not tied down to a map number the normal policy is to tie those down in that way. Requested this be reworked and bring it back in front us on December 27th when the board meets. SUPERVISOR CHAMPAGNE-Questioned what needs to be done specifically? COUNCILMAN TURNER-It has to be tied to a map. COUNCILMAN MONAHAN-It has to be tied to a specific map, dated, etc., and has to be tied to a PUD. Stated it is up to our attorney to write the resolution. If you check the notes from previous meetings all those conditions were in there. There is the no cut provisions it should show it on the map. COUNCILMAN TURNER-Noted it has to be more defined. ATTORNEY DUSEK-Questioned what needs to do differently? After further discussion it was the decision to have Councilman Monahan and Councilman Turner sit down with Attorney Dusek to discuss the proposal. COUNCILMAN MONAHAN-Noted nothing needs to be done differently on Mr. Vasiliou's part it the way the resolution is written. MR. MILLER-Noted at the last workshop two options were discussed rezoning this project. One was a PUD and one was to rezone it to SRI5. The plan could be achieved by going through a cluster subdivision. It was the impression that it would eliminate a step before the board rather to go before you for rezoning than come back again for plan unit development. We would only have to be before the Town Board the one time with the rezoning. The contingencies could be affixed to the plan at that point it would carry with the rezoning. COUNCILMAN MONAHAN-Noted this is what Mike O'Connor wanted was the SRI5. We're saying that you have to tie that to a PUD to get the eliminates in there. Otherwise if you get just an SR15 you've left a wide open very high intense rezoning in there. Noted she would not back a plan like this if it was not tied to a PUD that comes back to this board for approval before it goes to the planning board. SUPERVISOR CHAMPAGNE-Noted the committee will sit down with the attorney to bring this back up at the December 27th meeting. RESOLUTION DEEMING OLD RECEIVABLES UNCOLLECTIBLE RESOLUTION NO. 649, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury has reviewed certain accounts receivable in the General Fund and has determined that reasonable efforts have been made to collect the amounts due and that further action is not appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the following accounts receivable for technical assistance charges shall be written off as uncollectible: BILLING DATES BILLED NAME AMOUNT 1. 9/25/90 and 2/22/91 Avenue & Andrew 2. 12/29/89 and 1/22/90 Villages, Inc. 3. 12/11/89 and 3/22/90 Tellier, Mallory $175.76 and $ 94.76 West Mountain $876.00 and $150.63 McLaughlin, Scott $138.00 and $152.76 Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ACCEPT BID FOR LIQUID ALUM & SODA ASH FOR USE AT THE QUEENSBURY WATER TREATMENT PLANT RESOLUTION NO. 650, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for liquid alum and soda ash, pursuant to bid specification no.'s: 95-6 and 95-7, previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Thomas K. Flaherty, Water Superintendent, has recommended that the bids be awarded to the lowest responsible bidders, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for liquid alum to Holland Company, Inc., and the bid for soda ash to Surpass Chemical, Inc., as the lowest responsible bidders, and BE IT FURTHER, RESOLVED, that said items be paid for from the appropriate Water Department Account. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ACCEPT BIDS FOR 1996 OFFICE SUPPLIES RESOLUTION NO. 651,95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for specified office supplies, pursuant to bid specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Staples, Inc., submitted the lowest bid for the aforementioned office supplies in the total amount of $ 10,208.31, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bid be awarded to the aforesaid lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids for the aforementioned office supplies to Staples, Inc., and BE IT FURTHER, RESOLVED, that said supplies are to be paid for from the General Office Supplies Account. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPOINTING CONFIDENTIAL ADMINISTRATIVE SECRETARY TRAINEE IN THE TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 652,95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously established, on a temporary basis, the position of Confidential Administrative Secretary Trainee in the Highway Department, and the position is currently vacant, NOW, THEREFORE, BE IT RESOLVED, hereby appoints Ms. Rebecca Bernard to the position of temporary Administrative Secretary Trainee, at a rate of pay of $9. per hour, and BE IT FURTHER, RESOLVED, that the hourly wages paid to Ms. Bernard shall be from the appropriate Town of Queensbury Payroll Account. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. C Champagne NOES: None ABSENT:None RESOLUTION TO ACCEPT BID FOR TRANSPORTATION FOR THE ELDERLY WITH COMMUNITY WORKSHOP, INC. RESOLUTION NO. 653, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for transportation for the elderly in the Town of Queensbury for the year 1996, and WHEREAS, Community Workshop, Inc., has offered to provide transportation services for the elderly for the year 1996 for an amount of $13,880., and is determined to be the lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the contract for transportation of the elderly for the Town of Queensbury for the year 1996 to Community Workshop, Inc., for an amount of $13,880.00, and BE IT FURTHER, RESOLVED, that the contract amount shall be paid for from the previously budgeted account. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ABSTAIN:Mrs. Monahan RESOLUTION TO APPROVE PURCHASE OF TELEPHONE SYSTEM RESOLUTION NO. 654, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury desires to purchase a new phone system, and WHEREAS, the AT&T Merlin Legend Communication System is available under NYS Contract, and WHEREAS, the cost of the system will be as follows: General Town Departments $62,377.95 Water Administration Bldg. & Plant $10,745.75 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the purchase of the AT&T Merlin Legend Communication System at a cost not to exceed the sums provided in this resolution, and BE IT FURTHER RESOLVED, that the cost of the system shall be paid from the following accounts: General (Town Office Building Improvement Capital Project) 074-1620-2010 (Office Equipment) Water 040-8340-2899 (Capital Construction) Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None Discussion held before vote. Councilman Goedert noted that Ms. Geoffroy has done a very good job. Questioned if she has met with all department heads on their input? Ms. Geoffroy, yes. Noted that the Darleen Dougher, Town Clerk has coordinated this and has met with everyone. Noted that the only glitch in the quote is that they are assuming that all of the internal wires are satisfactory and in place. There might be an additional cost if they find there is not a wire where there needs to be a wire. They have looked at the outside wires between here and the main building and the main building and the highway and they have included in their price the outside wires because they were not adequate. RESOLUTION ESTABLISHING POSITION OF BUILDING MAINTENANCE MECHANIC RESOLUTION NO. 655, 95 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 establishing a new position in the Building and Grounds Department for the Town of Queensbury, and authorizing a Town Supervisor to advertise and post the position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and establishes the position of Building Maintenance Mechanic for the Building and Grounds Department of the Town of Queensbury, with the salary for the position to be established at a later date, and BE IT FURTHER, RESOLVED, that the Town Supervisor be and hereby is authorized to determine whether there are any candidates currently available on the Civil Service List, and if not, advertise in the official newspaper and post an appropriate notice within the Town Office Building, that the Town of Queensbury is desirous of receiving applications from persons interested in said position, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to complete any necessary forms and other documents required by Civil Service, in conjunction with the establishment of the position, and if necessary, place the Town seal on any of the said documents. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None Discussion held before vote. Councilman Goedert noted the problem that she has with this resolution is there is no salary tied to it. Supervisor Champagne noted that Mr. Rice has completed the interviews and has recommended setting the salary at $11.50, noting also he has had conversations with union officials and they have agreed on that amount. Councilman Turner noted the salary should be left out until they hire someone. Councilman Pulver noted she has no problem with the $11.50 at the time that the board hires someone. Attorney Dusek noted that under the union agreement this board has a right to establish new positions and the salaries for those positions that is not a negotiable item, but noted there are some aspects of this particular position that are negotiable. Recommended those elements that are negotiable should be discussed in executive session. After further discussion it was the decision to bring back final candidates for the job, the rate of the position to be discussed at a later date. RESOLUTION TO APPOINT MEMBER TO ZONING BOARD OF APPEALS RESOLUTION NO. 656, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury has previously established the Zoning Board of Appeals, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Bonnie Lapham to serve as a member of the Zoning Board of Appeals, said term to expire on 12/31/2000. Duly adopted this 18th day of December, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION OF APPOINTMENT RESOLUTION NO. 657, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an additional Temporary Part-Time Clerk position in the Town Assessor's Office, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the position of Temporary Part-Time Clerk, and hereby appoints Ms. Hauser to the position on a provisional basis, and subject to Civil Service exam requirements, should the same be required, effective December 18, 1995, at a rate of pay of $8.00 per hour, and BE IT FURTHER, RESOLVED, that the hourly wages for the Temporary Part-Time Clerk position shall be from the appropriate Town of Queensbury Payroll Account. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AMENDING RES. 446, 95 CONCERNING RETENTION OF BUSINESS AUTOMATION SERVICES, INC. RESOLUTION NO.: 658,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 446, 95 which authorized the retention of the services of Business Automation Services, Inc., to write water billing software and convert the Town's existing billing files into the new system, and WHEREAS, an amount of $19,000., was allocated in said resolution for the software and conversion, but the contract was actually in the amount of $19,200., and WHEREAS, the Town has been advised that the amount for the software and conversion has come to $20,756.25., rather than $19,200., because more files than originally planned were able to be converted into the new system, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 446, 95, such that the cost of the services provided by Business Automation Services, Inc., is not to exceed $20,756.25., rather than $19,000. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None Discussion held before vote. Councilman Goedert questioned what were the other amounts of the bids regarding this resolution? Supervisor Champagne noted this is not a bid this is a request for proposals. This company has been servicing the town for many years. Noted he had made an estimate of how much it is going to cost over X number of hours to do what needed to get done he wasn't able to complete it. It was a matter of additional training in the water department there is an overage of $1,500. Ms. Geoffroy noted that there was a clause in the contract regarding this. Councilman Pulver noted that the town has spent a lot of money on Business Automation throughout the years recommended putting this out for other people to bid on. RESOLUTION AMENDING RESOLUTION 529 OF 1995 CONCERNING THE DUTIES AND RESPONSIBILITIES OF THE TOWN COMPTROLLER RESOLUTION NO. 659, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, by Resolution 529 of 1995, amended the duties of the Town Comptroller to include counter signing all checks, and WHEREAS, the Town Clerk and the Receiver of Taxes have the sole authority to sign all checks from their accounts, NOW, THEREFORE, BE IT RESOLVED, that Resolution 529 of 1995 be amended to exclude the Comptroller from counter signing the checks of the Town Clerk and Receiver of Taxes. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING RELEASE OF A PORTION OF RETAINAGE- DELANEY CONTRACT RESOLUTION NO.: 660,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury previously entered into a contract with Delaney Construction Corporation, for construction services in connection with the closure of the Town of Queensbury Landfill, and WHEREAS, the Town Board of the Town of Queensbury has been advised that the work is substantially complete, and Delaney Construction Corporation has requested the return of the monies held as retainage in connection with such contract, such that an amount of one-percent (1 %) or approximately one-percent (1 %) will be left in retainage, and WHEREAS, the Engineers for the Town, Malcolm Pirnie, Inc., have indicated their approval of the request for the release of retainage, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor and Town Comptroller to arrange for the return of a percentage of the retainage in connection with the contract between the Town of Queensbury and Delaney Construction Corporation, such that the retainage is reduced to $23,509.97, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to take such steps and execute such documents and place the Town seal on such documents as may be necessary to carry out the terms and conditions of this resolution. Duly adopted this 18th day of December, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None ATTORNEY MATTERS Attorney Dusek noted he will need an executive session with the board. CORRESPONDENCE Letter dated 12-4-95 from Ellie Shaw Dear Mr. Naylor: I want to thank you very much for the wonderful job your people did removing the tree at 18 Owen Avenue at my Mom's house. The men were very skilled, and cooperative in answering all my questions!! You did a wonderful job and I also want to thank Jean Purner who helped coordinate all these efforts! Have a great holiday. Regards, Ellie Shaw, 4 L ynnfield Drive Queensbury, NY 12804 Letter dated 12-6-95 from Eunice R. McLaughlin Dear Sir: Moving Weeks Road over to meet Sweet Road would move traffic closer to Robert Gardens North and the tenants would hear more traffic noise. Considering the high cost what is the real advantage? What about the road and traffic light just put in next to Queens Diner? How many road and lights so close together to you really need? I am very much against this proposal. Eunice R. McLaughlin 120-1 robert Gardens North Queensbury, NY 12804 I live with 1/2 mile of the project please pass on my opposition to the Town Board at your next meeting. Thanks. Letter dated 11-22-95 from Joseph Valastro Dear Mr. Naylor: We, the residents of Birdsall Road, want to thank your for the swift response in the correction of the badly condition of the road left by contractor Lou Palmer. Your crew did an excellent job and want you to know that we appreciate what you did. We were not aware that it was the county business. However, it was good to hear that communication between you and the county are on a good level. Paul, you are doing a good job and we wish you the best in the future, again, thank you. Respectfully, Joseph Valastro 89 Birdsall Road Queensbury, NY Letter dated 11-22-95 from Robert Eddy Paul, I hated to see that spruce tree at the corner of Lynnfield and Owen come down, but there was no choice. As the lower branches were looped off I realized how terrible it was going to look mutilated like that. Your men were skillful, handled the job like pros and cleaned up nicely afterward. The tree was creating a hazard that had to be corrected. As I sit at my typewriter I regularly see cars that could not see the street sign, stop, back up and go down Lynnfield. This not only created a nuisance, but could readily have caused an accident. One day a fire truck, apparently headed for an emergency, got as far as my north property line before realizing he had missed the sign. I don't know how much time was lost, but split seconds in an emergency can be serious. A school bus stop is right there, so six times a school day, children were at risk. In addition the trees shaded the road which could have created an icy condition. That is the last place in the spring for the snow to melt, sometimes as late as late May. As I told you, I was made more aware of the hazardous condition when I had to use Westmore, during the time of replacement of the water main on Owen. Thanks for taking action! You may have averted an accident, which might have drawn the Town into a law suit, in addition to damage to life, limb and property. We are all glad you are aboard! Sincerely, Bob Eddy OPEN FORUM BARBARA BENNETT, Queensbury-Questioned what was resolution number 3.9? COUNCILMAN TURNER-Noted it was deeming old receivables uncollectible. SUPERVISOR CHAMPAGNE-Noted back in 1990, 1991 where the town actually billed these people for whatever reason there was an argument as to who should of been charged these amounts. Found that over the course of time after having tried to collect, we didn't collect we're writing the bills off as a lost to the town. PLINEY TUCKER, QUEENsBURY-Questioned who was appointed to the Zoning Board of Appeals. BOARD-Bonnie Lapham, noted this is a reappointment. MR. TUCKER-Noted that the two lights that have been out on the Country Club Road are still out. COUNCILMAN TURNER-Noted he has been trying to contact the person regarding the lights but hasn't been able to reach them will continue to try and reach thern. MR. TUCKER-Spoke to the board regarding the law suit involving Queensbury Forest drainage problem. Questioned why Rist Frost Associates was left out of the law suit? ATTORNEY DUSEK-Noted this is a matter that should be discussed in executive session. MR. TUCKER-Noted the engineers that are hired to do this kind of work for the town should be held responsible for the end results. SUPERVISOR CHAMPAGNE-Noted Fraser Associates has been hired to study the situation. MR. TUCKER-Questioned iflater on ifRist Frost is found to have some responsibility over this can they be brought into the law suit? ATTORNEY DUSEK-Noted this is a matter that would have to be discussed in executive session. SUPERVISOR CHAMPAGNE-Thanked everyone for coming, wished everyone a good Christmas. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 661, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss three matters attorney client privilege, three personnel matters one matter collective bargaining. Duly adopted this 18th day of December, 1995, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 662, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session and adjourns its Regular Town Board Meeting. Duly adopted this 18th day of December, 1995, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes; None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury