Loading...
1996-02-05 REGULAR TOWN BOARD MEETING FEBRUARY 5, 1996 7:15 P.M. MTG#7 RES# 71-98 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN AND COUNTY OFFICIALS JIM MARTIN, DAVE HATIN, TOM FLAHERTY, PAUL NAYLOR, RONALD MONTESI, RALPH VANDUSEN, KIM HEUNEMANN PRESS POST STAR 4:30 EXECUTIVE SESSION RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 71, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session for the purpose of interviews. Duly adopted this 5th day of February, 1996, by the following vote: Ayes: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 72, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Tumer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 5th day of February, 1996, by the following vote: Ayes: Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None 7:00 P.M. REGULAR TOWN BOARD MEETING CORRESPONDENCE DEPUTY TOWN CLERK O'BRIEN READ THE FOLLOWING LETTERS INTO THE RECORD: January 12, 1996 Dear Mayor DeSantis/Supervisor Champagne: As elected officials from your respective City and Town, we share your concerns regarding mutual cooperation between the City of Glens Falls and the Town of Queensbury. In order to create a high level of dialogue, and a long-term strategy for all, we would like to invite you to a joint meeting of your council/town board, and the Supervisors from Glens Falls and Queensbury. The object of the first meeting would be two-fold. First, to assure the public of our intent to carry on a meaningful discussion concerning our mutual interests. The second purpose would be to appoint a bi-partisan, cross-legislative committee that would prepare a long-term plan for our communities to work together. It would be our hope that the Mayor and Town Supervisor read this letter into the minutes of the next council/board meeting and give us dates to work with. We hope that we can allleam from the past and move forward with a vision for the benefit of all our citizens. Thomas R. Center, Sr., Robert 1. Landry, Mary Beth Casey, Michael 1. O'Connor, David D, Harrigan, Ronald S. Montesi, Nicholas A. Caimano, Marilyn R. Potenza, Daniel H. Morrell January 16, 1996 Dear Fred: On Thursday, January 11, 1996, I paid a visit to the Queensbury Landfill at about 2:55 p.m. in the afternoon. As I approached the landfill I was following a car that was obviously smoking and leaking coolant. This vehicle also pulled into the Ridge Road Landfill and I wanted to say that I was very impressed with the assistance that the workers at the landfill site offered to the elderly lady, I believe a Mrs. Foster, in diagnosing what was wrong with her vehicle, a torn radiator hose, and offering to get her assistance. I just think that the three gentlemen who were there should be congratulated for the way that they treated her, the kindness that they showed her, and the fact that they showed concern for one of the customers. All too often this is lacking among public servants and I think these gentlemen deserve to be commended. Very truly yours, David G. Welch, MD. January 30th, 1996 Dear Mr. Champagne: I had occasion to be in your area January 12, 1996 when about 12 inches of snow fell in a short time in late evening. I was amazed when I awoke Saturday very early to find the roads completely bare down to dry pavement! I am a Township Trustee in an urban township in Ohio's snow belt and have not witnessed such a thorough, quick job of snow removal! You and your crew are to be commended. Sincerely, Jeanette Crislip Painesville Township Painesvillle, Ohio 44077-5203 RESOLUTIONS RESOLUTION HIRING MICHAEL PLUNKETT OF COOL RISK MANAGEMENT SERVICES CONCERNING OCCUPATIONAL SAFETY SERVICES RESOLUTION NO.: 73,96 INTRODUCED BY: MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town Board of the Town of Queensbury desires to hire Michael C. Plunkett, ALCM, of Cool Risk Management Services, to provide Occupational Safety Services to the Town of Queensbury beginning in February of 1996 and concluding in December of 1996, in accordance with his letter dated January 29, 1996 and submitted to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Cool Risk Management Services to provide occupational safety services, at a sum not to exceed $ 7,337., and to be paid for from Account No.: 01-1910-4400-1910, provided that the person assigned to provide the services or supervise the project will be Michael C. Plunkett, ALCM, Assistant Vice President, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute an agreement in a form to be approved by the Town Attorney for the retention of the services of Cool Risk Management Services, consistent with the terms and provisions of this resolution. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AMENDING RESOLUTION 658 OF 1995 CONCERNING RETENTION OF BUSINESS AUTOMATION SERVICES, INC. RESOLUTION NO. 74, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution number 446 of 1995 which authorized the retention 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 $20,756.25 was allocated by amendment resolution 658 of 1995 for the software and conversion, and WHEREAS, the Deputy Water Superintendent has indicated that the Water Department requested additional training time, and WHEREAS, the Town has been advised that the cost of the additional training time will be $1,068.75, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution number 446 and 658 of 1995, such that the cost of the services provided by Business Automation Services, Inc. is not to exceed $21,825.00, rather than $20,756.25. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 75,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, certain departments have requested transfers of funds for the 1996 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 1996 budget: BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-1220 01-1620-1221 $35,000. (Bldg. & Grounds (Facility Manager) Superintendent) TRANSFER: FROM: TO: $ AMOUNT: 910-8160-4447 910-8160-4680 $20,000. (ARRA) (Loader Repair) WATER: FROM: TO: $ AMOUNT: 40-8310-4400 40-1950-4400 $1,847. (Misc. Contractual) (Property Taxes) 40-8310-440 40-1950-4400 $100.00 (Misc. Cont.) (Property Taxes) and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: CATHY GEOFFROY, COMPTROLLER-Noted a correction to be made to the resolution. There is an item on the resolution for the 1995 budget that is a ninety-six budget item, it should be taken off the next resolution and put on this resolution. Noted the change is in the Water Department, item is for $100.00. RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 76,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert 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: COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8020-4711 01-8020-4742 $ 134. (Reimbursable (Non-reimbursable Eng. Services) Eng. Services) 01-8020-4400 01-8020-4080 25. (Misc. Contractual) (Advertisement) COMPTROLLER: FROM: TO: $ AMOUNT: 001-1990-4400 001-3650-4400 $2,380. (Contingency) (Demolition of Unsafe Building) WATER: FROM: TO: $ AMOUNT: 040-8320-4500 040-8320-4300 33. (Fuel Oil) (Utilities - Water Purchase) and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 5th day of February, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD AFTER VOTE: COUNCILMAN MONAHAN-Questioned how many estimates they received for the demolition of the unsafe structure? DAVE HATIN, BUILDING INSPECTOR-Noted he was told he only needed one. RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 77, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver 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: Account Amount Name Number Amount Payroll-Contingency 001-1990-1002 $4,313.64 Court Clerk 001-1110-1062 $ 5.41 Conf. Secr. Supervisor 001-1220-1050 14.31 Account Clerk 001-1315-1090 49.85 Sr. Account Clerk 001-1315-1100 65.89 Principal Account Clerk 001-1315-1180 11.57 Purchasing Agent 001-1345-1150 17.50 Assessor 001-1355-1160 767.65 Data Collector 001-1355-1170 7.92 Town Clerk 001-1410-1190 16.18 Town Attorney 001-1420-1790 29.12 Records Clerk 001-1460-1064 12.76 Clerk-Part -Time 001-1620-1060 714.28 Facilities Manager 001-1620-1221 576.96 Working Foreman 001-1620-1470 141.49 Fire Code Enforcement Officer 001-3410-1630 15.98 Dog Control Officer 001-3510-1640 225.21 Exec. Director 001-3620-1605 136.26 Dir. of Building & Codes 001-3620-1605 20.88 Deputy Super. Highway 001-5010-1300 11.62 Youth Services Director 001-7020-1330 7.05 Recreation Prog. Spec. 001-7020-1360 12.41 Sr. Typist 001-7020-1910 24.33 FROM: TO: Account Amount Name Number Amount Mechanics 001-7110-1460 244.08 Working Foreman 001-7110-1470 383.78 Town Historian 001-7510-1621 6.96 Exec. Director 001-8020-1605 646.33 Sr. Typist 001-8020-1910 147.86 Contingency $1,128.37 Telephone Use 001-1620-4100-27 23.03 001-1990-4400 Utilities 001-1620-4300-22 169.67 Misc. Contractual 001-1620-4400-22 0.12 Utilities 001-3310-4300 15.37 Utilities 001-5182-4300 916.73 Telephone Use 001-8020-4100 12.45 Payroll-Contingency 002-1990-1002 $1,206.90 Cemetery Superintendent 002-8810-13 80 23.80 Laborer A 002-8810-1400 870.93 MEO 002-8810-1450 302.99 Cremator 002-8810-1800 9.18 Payroll-Contingency 004-1990-1002 $6,005.79 Mechanics 004-5130-1460 505.43 Laborer A 004-5142-1400 5,500.36 Payroll-Contingency 032-1990-1002 $ 186.24 Wastewater Deputy. Super. 032-8110-1810 88.68 Maintenance II - OT 032-8120-1570-0002 44.95 Social Security 032-9030-8030 52.61 Payroll-Contingency 040-1990-1002 $3,741.65 Principal Account Clerk 040-8310-1180 96.60 Misc. Payroll 040-8310-1002 $1,244.88 Conf. Admin. Secretary 040-8310-13 20 1,092.65 Water Superintendent 040-8310-1490 237.66 Deputy Water Superintendent 040-8310-1500 27.40 Water Plant Operator II - OT 040-8320-1410-0002 1,128.82 Building Maintenance 040-8320-1530 265.95 Water Plant Tech. 040-8320-1780 256.62 Lab Operator 040-8320-1841 383.82 Water Plant Oper. Trainee 040-8320-1971 110.52 Mechanics 040-8340-1460 1,386.15 Mechanics - OT 040-8340-1460-0002 .34 Misc. Contractual 040-8320-4400 $ 379.30 Utilities 040-8320-4300 378.49 Misc. Contractual 040-8340-4400 .81 Misc. Contractual 047-8340-4400 $ 80.99 Misc. Contractual 047 -83 20-4400 80.99 Payroll Contingency 910-1990-1002 $ 740.05 LEO 910-8160-1840 189.23 LEO-OT 910-8160-1840- 0002 550.82 Scrap Removal 910-8160-4780 $ 117.50 Hauling 910-8160-4448 117.50 CEMETERY/CREMATORY: FROM: TO: $ AMOUNT: 002-8810-4400 002-8810-4400-11 100. (Contractual- (Contractual- Cemetery) Crematory) COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8030-4400 001-8020-4130 150. (Community Research- (Legal Services) Misc. Contractual) RECEIVER OF TAXES: FROM: TO: $ AMOUNT: 01-1330-1130-0002 01-1330-4120 18.10 (Deputy Rec. Taxes- (Printing) Overtime) WATER: FROM: TO: $ AMOUNT: 040-8320-4400 040-8340-4400 43.94 (Misc. Contractual) (Misc. Contractual) 047-8340-4400 047-8320-440 31.86 (Misc. Contractual) (Misc. Contractual) and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mrs. Monahan, Mrs. Goedert, Mrs. Pulver, Mr. Tumer, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING RETENTION OF SERVICES OF PENFLEX, INe. - SERVICE AWARD SPECIALIST (MOTION WITHDRAWN) RESOLUTION NO. 78, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver DISCUSSION HELD BEFORE VOTE: CATHY GEOFFROY, COMPTROLLER-Noted the invoice received is for sixty percent of the cost if we increased the resolution for the whole one hundred percent it would stop us from doing another resolution to authorize the second payment to them. When the project is finished and we receive the second invoice we won't have to do another resolution. COUNCILMAN PULVER-Noted if there is a problem with this someone might not notice it because the bill has already been approved. MS. COMPTROLLER-Noted that the Supervisor will be signing the voucher when it comes in. SUPERVISOR CHAMPAGNE-Questioned the total amount? MS. GEOFFROY-$6,400.00. SUPERVISOR CHAMPAGNE-Asked the board if they approve of the change? TOWN BOARD-In agreement of change. COUNCILMAN MONAHAN-Make sure before someone signs the contract that it has been done to a satisfactory conclusion. THE FOLLOWING RESOLUTION WAS PASSED: RESOLUTION AUTHORIZING RETENTION OF SERVICES OF PENFLEX, INC. - SERVICE AWARD SPECIALIST RESOLUTION NO.: 78,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of PENFLEX, INC., Service Award Specialist, to perform the 1995 year end Service Award Program Administration Services as outlined in the attached letter dated January 15, 1996, and WHEREAS, PENFLEX, INe., has agreed to perform the aforesaid services in accordance with the terms and provisions of the letter presented at this meeting, at a cost of $6.400.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services ofPENFLEX, INC., to perform the services outlined in the preambles of this resolution, at the cost of $6,400.00, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to enter into an agreement with PENFLEX, INe., in a form to be approved by the Town Attorney, for the performance of the services authorized by this resolution, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from Account #005- 3410-4400. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE ORDER FOR PURCHASE OF ONE 1996 CHEVROLET S-lO EXTENDED CAB PICK-UP ON STATE CONTRACT FOR COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 79,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Tumer 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 Executive Director of Community Development has proposed to purchase one 1996 Chevrolet S-lO - 4x4 Extended Cab Pick-Up in the amount of $18,914., for the Department, and WHEREAS, NYS Bidding is not required, since the vehicle price is State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the purchase of the vehicle referenced hereinabove, to be paid for from Account No.: 01-3620-2020. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING THE RETENTION OF THE SERVICES OF AMTEX MANAGEMENT SERVICES CORP. (AMTEX) FOR ADDITIONAL WORK RESOLUTION NO. 80, 96 (MOTION WITHDRAWN) INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Tumer DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Noted it has been discussed to have ajob description done for building inspector. Questioned if this should be amended now to add the new one? After further discussion it was the decision of the Town Board to withdraw the previous motion and add the job description for building inspector to the resolution. The following resolution was passed. RESOLUTION AUTHORIZING THE RETENTION OF THE SERVICES OF AMTEK MANAGEMENT SERVICES CORP. (AMTEK) FOR ADDITIONAL WORK RESOLUTION NO.: 80,96 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Tumer WHEREAS, the Town Board of the Town of Queensbury previously authorized the retention of the services of Amtek Management Services Corp. (AMTEK) to provide various personnel services, and WHEREAS, it is necessary that AMTEK perform additional services, i.e., creating three additional job descriptions, i.e., for the Facilities Manager and the Senior Citizens Coordinator, and Building Inspector at the cost of $85 for each, for a total cost of $255.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the additional services of Amtek Management Services Corp., (AMTEK) as stated in the preambles of this resolution, at the total cost of $ 255.00, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from Account #01- 1430-4400. Duly adopted this 5th day of February, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO CANCEL FEBRUARY 19, 1996 TOWN BOARD MEETING RESOLUTION NO.: 81,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby cancels the regularly scheduled Town Board Meeting for February 19, 1996, and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to provide such notice to the newspaper and public, as may be necessary, to inform them of the rescheduled meetings. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION RENEWING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF QUEENSBURY AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESOLUTION NO.: 82,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Tumer WHEREAS, a Memorandum of Understanding between the New York State Department of Environmental Conservation and the Town of Queensbury to renew an agreement of cooperation under §150501 of the Environmental Conservation Law has been presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to sign the aforesaid Memorandum of Understanding on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Supervisor shall file a copy of the executed Memorandum with the Town Clerk of the Town of Queensbury, and with the appropriate regional office of the New York State Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that this Memorandum of Understanding shall take effect immediately upon its acceptance by the New York State Department of Environmental Conservation. Duly adopted this 5th day of February, 1996 by the following vote: A YES: Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON AMENDING WATER RATES TO PROVIDE FOR A SPECIAL RATE FOR PURCHASES OVER 4 MILLION GALLONS PER QUARTER FOR THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 83,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury, as the governing board for the Queensbury Consolidated Water District, having reviewed the finances of the Water District and having determined that a proposed special water rate should be considered for purchases of over 4 million gallons per quarter, and having also determined it appropriate to set a public hearing concerning said amendment of water rate, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that a public hearing be held on March 4th, 1996, at 7:00 p.m., in the Town of Queensbury Activities Center, Bay Road, Queensbury, Warren County, New York, for the purpose of considering public comment on a proposed new water rate schedule for purchases of over 4 million gallons per quarter in the Queensbury Consolidated Water District and all extensions and consolidated districts and extensions therein, which rate is proposed to be $.95 per 1,000 gallons over 4,000,000 gallons per quarter, and BE IT FURTHER, RESOLVED, that the proposed water rates, if adopted, will take effect for water consumed after the meter reading date for the February 1996 billing, with the May 1996 billing statements to reflect water consumed at the new rate, and BE IT FURTHER, RESOLVED, that a notice of the public hearing authorized herein shall be generally in the form presented at this meeting, and the Town Clerk is hereby authorized and directed to arrange for publication of the same in the official newspaper of the Town and also post a copy of the Notice of Public Hearing on the Town Clerk's Bulletin Board. Duly adopted this 5th day of February, 1996 by the following vote: A YES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SWEEPER - QUEENSBURY HIGHWAY DEPARTMENT RESOLUTION NO. 84, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Superintendent of Highways for the Town of Queensbury is desirous of purchasing a sweeper, which sweeper is more specifically identified in the proposed bid specifications submitted at this meeting, and WHEREAS, pursuant to § 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, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the intended purchase with the condition that an advertisement for bids for the said sweeper 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 February 29th, 1996, at 2:00 p.m., 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 Superintendent of Highways and the Town Board of the Town of Queensbury shall have the right, at their 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 M. 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.m., February 29th, 1996, 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 5th day of February, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING THE ISSUANCE OF $175,000. SERIAL BONDS OF THE TOWN OF QUEENSBURY TO FINANCE HIGHWAY DEPARTMENT PURCHASE OF MACHINERY AND/OR APPARATUS FOR MAINTENANCE RESOLUTION NO.: 85,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury Highway Superintendent is desirous of purchasing one (1) sweeper in accordance with specifications presented at this meeting, and WHEREAS, said Town Board of the Town of Queensbury, by previous resolution, has approved and as necessary, authorized said purchase in accordance with the Highway Laws of the State of New York, subject to bidding certain requirements, and WHEREAS, the maximum amount proposed to be expended for the purchase is the amount of $175,000., 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 maintenance, said machinery or apparatus to consist of one (1) street sweeper. SECTION 2. The maximum estimated cost of such specific object or purpose is a total of $175,000., and the plan for the financing thereof is the issuance of $175,000., 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 §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. 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 §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 §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 from revenues derived from the aforesaid specific object or 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 of law 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 §81.00 of the Local Finance Law. SECTION 9. This resolution is not subject to permissive referendum. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE OF MICHAEL 1. V ASILIOU, INC. RESOLUTION NO. 86, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain property lying and existing within the Town of Queensbury and bearing Tax Map Identification No.'s: 73-1-23, 73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a portion of73-1-21, is located in the vicinity of Aviation Road and the Queensbury Union Free School District, and is currently zoned RR-3A (Rural Residential - 3 Acres), hereinafter referred to as the "Project Site," and WHEREAS, Michael 1. Vasiliou, Inc., hereinafter referred to as the "Developer," has requested that the Town of Queensbury change or modify the zoning to allow the development of a multi-faceted project, hereinafter referred to as the "Project," and WHEREAS, the Town Board of the Town of Queensbury feels that it would be appropriate to consider modification of the zone in the area (Project Site) to allow the Project, provided that the Project is developed as an appropriately conditioned Planned Unit Development, in accordance with the provisions of the Town of Queensbury Zoning Ordinance, and WHEREAS, the Town Board of the Town of Queensbury preliminarily determines that, assuming that the development occurs as proposed, the rezoning proposal is worthwhile to consider since: 1. The project would initially appear compatible with the area; 2. The project would appear to cause or further development in the area that is positive; 3. Public and private utilities and facilities are available in the area to service the project; 4. The school would appear to be benefitted by the project; and 5. Aviation Road will soon be widened as part of an effort by New York State to widen the bridge over the Adirondack Northway, and available to serve the area; and WHEREAS, the proposed project is consistent with the goals and strategies from the Town Comprehensive Land Use Plan dated May, 1989, which makes reference to encouraging expansion of the regional water service, encouraging the provision of open space through the use of a clustered subdivision design, encouraging increased density where municipal service is available, the need for the provision of senior housing, and WHEREAS, the Town Board of the Town of Queensbury determines that the appropriate manner in which to initiate the rezoning process, in consideration of the Project, would be to amend, supplement, change, and/or modify the existing RR-3A (Rural Residential- 3 Acres) of the Project site to SR-15 (Suburban Residential - 15,000 Square Feet), subject to the conditions that the new zoning designation shall not take effect, and that no building permit shall be issued and no construction shall occur as may be allowed under or in an SR-15 (Suburban Residential- 15,000 Square Feet) zone of the Town of Queensbury, until the developers, owner(s) or other persons or companies with a legal or equitable interest in the project site, and in any or all of the parcels subject to the rezoning obtain a Planned Unit Development designation for the entire Project site (all parcels of land covered by the rezoning) in accordance with the process set forth in the Zoning Ordinance for the Town of Queensbury, and WHEREAS, on or about December 27, 1995, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of a request for rezoning of certain property owned by Michael 1. Vasiliou, Inc., Tax Map No.s: 73-1-23, 73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a portion of73-1-21, located in the vicinity of Aviation Road and the Queensbury Union Free School, in the Town of Queensbury , to Planned Unit Development, to the Planning Boards of the Town of Queensbury and Warren County for recommendation, and WHEREAS, on or about the 16th day of January, 1996, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board the rezoning of the subject property, and WHEREAS, the Town Board of the Town of Queensbury, as the legislative body for the Town, is also the agency which oversees and reviews the Planned Unit Development application and review, and WHEREAS, in order to amend, supplement, change, or modify the Ordinance and map, it is necessary pursuant to Town Law §265 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 rezoning has submitted a Part I Full Environmental Assessment Form, 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 described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on March 4th, 1996, at 7:00 p.m., 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 Community Development 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 rezoning 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 Town Board of the Town of Queensbury hereby authorizes and directs that the Executive Director of Planning, Zoning and Building and Codes to send the Developer's application and a copy of this resolution, together with all other appropriate materials, to the Warren County Planning Board in compliance with General Municipal Law §239-m, 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, 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 Executive Director is hereby authorized and directed to give notice of said public hearing, the proposed rezoning and notify the involved agencies that the Town Board desires to be lead agent and that a SEQRA determination will not be made until after the public hearing, 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 and Warren County Planning, if necessary or not already done, in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 5th day of February, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mr. Tumer, Mr. Champagne NOES: Mrs. Monahan ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Recommended that the resolution be pulled noted there are some problems that need to be checked. COUNCILMAN PULVER-Questioned what the problems are? COUNCILMAN MONAHAN-Noted there are some SEQRA problems. COUNCILMAN GOEDERT-Questioned if this has been approved by the planning department? EXECUTIVE DIRECTOR, MR. MARTIN-Noted he hasn't looked through this thoroughly. COUNCILMAN GOEDERT -Asked Councilman Monahan what are her concerns with the resolution? COUNCILMAN MONAHAN-Stated she has some reservations and needs council as far as the SEQRA review. The SEQRA review is on the rezoning and you cannot take into account the PUD at the time you look at this the way this is written. Would like to check this at the State Department in Albany Planning Department. Doesn't believe this is written the same way it was written when it was sent to the Planning Board and to the Warren County Planning Board. The idea of just sending it through as a rezoning and not doing them both simultaneously was something that came up in the last few days. COUNCILMAN PULVER-Questioned Attorney Dusek's opinion on this? ATTORNEY DUSEK-Noted his understanding of this is that there has always been some confusion over the planned unit development and the rezoning that's required in order to do your planned unit development. This is a unique case you have never had a situation where you had do two steps. In evaluating this it's my opinion if you want to do two steps, have a rezoning, have a planned unit development, I know of no other way to do it except to do the rezoning first and then condition the rezoning on the planned unit development. The way the resolution is structured is that is says that the rezoning and no building permits or construction can occur until after the applicant comes through and does a planned unit development. First of all, this resolution sets a public hearing but even after this resolution is done and even after the public hearing is held if you adopted a resolution approving exactly what you have before you the applicant could still not do anything until he comes back through and does the PUD process which is going to be another public hearing. COUNCILMAN MONAHAN-Noted her problem is when you come to the SEQRA review on the rezoning the SEQRA review has got to stand on the rezoning alone. ATTORNEY DUSEK-In my opinion the SEQRA review first of all would not be conducted until after the public hearing. COUNCILMAN MONAHAN-Only relative to rezoning not the PUD. ATTORNEY DUSEK-I disagree. The question of SEQRA review and the proper scope of a SEQRA review is something that has been argues and litigated over a number of years. In a case like this where the applicant has openly admitted and consented to the fact that the ultimate project will include a planned unit development, it's my opinion that is proper within the scope of the SEQRA review to include the planned unit development to whatever extent the board feels is appropriate as part of that initial review. It would seem to me that you would probably want to do the review as complete and full as you can up front and I think the developer would prefer that as well so that your not revisiting the SEQRA review when you get into the planned unit development. COUNCILMAN MONAHAN-Not only that but you are suppose to because of the segmentation of it. I'm concerned and that's why I want further information about this. SUPERVISOR CHAMPAGNE-Why couldn't we get that same information while at the same time listening to the people at a public hearing without having any impact negatively on setting a public hearing. COUNCILMAN MONAHAN-If you put in a public hearing strictly for rezoning and what I'm concerned about has validity then you created yourself a problem. COUNCILMAN PUL VER-Wejust won't have that public hearing if we can't do it if it's illegal we won't have it. COUNCILMAN MONAHAN-It won't be illegal it will be what you can consider during the SEQRA review of that rezoning. ATTORNEY DUSEK-This resolution doesn't lock you into anything this is a legislative act. If at the public hearing you decided not to move ahead at all nothing could compel you to do so. SUPERVISOR CHAMPAGNE-There is a motion of the floor let's vote. Vote taken. RESOLUTION DESIGNATING TOWN OF QUEENSBURY POLLING PLACES RESOLUTION NO. 87, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Tumer WHEREAS, pursuant to Article 4-104 of the New York State Election Law, the Town Board of the Town of Queensbury must submit to the Warren County Board of Elections a listing of the polling places in the Town of Queensbury in each Election District in which elections and registrations may be held, NOW, THEREFORE, BE IT RESOLVED, that the following locations be and hereby are designated as the respective polling places in the districts as enumerated: WARDÆD. LOCATION 1/1 North Qsby. Firehouse 1/2 Bay Ridge Firehouse 1/3 Bay Ridge Firehouse 1/4 Warren County Center 2/1 South Qsby. Firehouse 2/2 Qsby. Activity Center 2/3 Qsby. Central Firehouse 2/4 Qsby. Activity Center 2/5 Roberts Gardens Rec Room (Not Accessible) 3/1 Qsby. Central Firehouse 3/2 Qsby. Senior High 3/3 Queensbury Middle School 3/4 Kensington Road School 4/1 W.G.F. Firehouse (VanDusenlLuzerne) 4/2 W.G.F. Firehouse (VanDusenlLuzerne) WARDÆD. LOCATION 4/3 W.G.F. Firehouse (Luzerne Road) 4/4 W.G.F. Firehouse (Luzerne Road) 4/5 W.G.F. Firehouse (Luzerne Road) 4/6 W.G.F. Firehouse (VanDusenlLuzerne) and that such locations are accessible to the Physically Handicapped, pursuant to Article 4-104-1-a of the Election Law unless otherwise noted, and BE IT FURTHER, RESOLVED, that a copy of this resolution be forwarded to the Warren County Board of Elections. Duly adopted this 5th day of February, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SERVICE AGREEMENT FOR POWER PLUS WITH NIAGARA MOHAWK POWER CORPORATION RESOLUTION NO.: 88,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury has been presented with an optional pricing agreement known as Power Plus, through Niagara Mohawk Power Corporation, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the Power Plus Agreement with the Water Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its approval of the Niagara Mohawk Power Corporation Service Agreement for Power Plus, and further authorizes and directs the Town Supervisor to execute the same on behalf of the Town of Queensbury and the Queensbury Consolidated Water District. Duly adopted this 5th day of February, 1996 by the following vote: A YES: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING FOR SUBMISSION OF PROPOSED SMALL CITIES GRANT APPLICATION RESOLUTION NO. 89, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the U. S. Department of Housing and Urban Development will be accepting applications for the Community Development Block Grant Small Cities Program, and WHEREAS, the aforementioned Small Cities Program makes funds available for comprehensive programs providing funds to improve housing, public facilities, and economic development opportunities, and WHEREAS, the Town of Queensbury intends to submit a Small Cities application to HUD for the purpose of providing funding for a comprehensive program which may provide housing improvements, job growth, water system improvements and increase recreation opportunities and WHEREAS, the federal regulations relating to proper submission of a Small Cities Grant Application requires two (2) public hearings explaining the Program guidelines and the proposed use of the Grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold two (2) public hearings, at which time all parties in interest and citizens shall have an opportunity to be heard and obtain information regarding the proposed Small Cities Grant application, described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearings shall be held on February 26, 1996 and March 4, 1996, at 7:00 p.m., 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 a notice similar to that presented at this meeting and in a form and containing such other language as the Town Attorney may deem appropriate 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. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Questioned if this is going as a county project? SUPERVISOR CHAMPAGNE-At the planning committee meeting there was some discussion as to what extent the County Planning Office would be able to accomplish everything that we're asking for, waiting to hear from Pat Tatich sometime this week. COUNCILMAN MONAHAN-Questioned if this is going in from the county as a county project so we would be getting the advantage of extra points or is it not going in as a county project? SUPERVISOR CHAMPAGNE-When this got to the county there were a number of other projects that got built into the county project, won't be able to tell this until Ms. Tatich reports back to him. COUNCILMAN MONAHAN-Questioned if this makes a difference in the way we have to structure the advertising? EXECUTIVE DIRECTOR, MR. MARTIN-It will in the public hearings. It is his understanding if the county is the sponsoring agency and it's done under the county name then the board of supervisors would be responsible for the public hearing. If the town is sponsoring the application the Town Board is responsible for the public hearing. SUPERVISOR CHAMPAGNE-Correct. EXECUTIVE DIRECTOR, MR. MARTIN-If it is a county project but most of the activities are within the town they may dilute the competitiveness of the application because everything is occurring in the Town of Queensbury and not county wide this was a concern because it would lesson the impact score. Noted this is something that has to be considered as to whether it is better as a town project because it will be smaller in scope and focus and will probably get a better impact score, but it would be lesser points on the up front points. SUPERVISOR CHAMPAGNE-Recommended setting the two public hearings to meet the deadline and wait for Ms. Tatich to contact him this week. EXECUTIVE DIRECTOR, MR. MARTIN-Read the following changes into the record regarding the resolution. Second whereas clause. Whereas, the aforementioned Small Cities Program Small Cities Program makes funds available for comprehensive programs providing funds to improve housing, public facilities, and economic development opportunities, and Whereas, the Town of Queensbury intends to submit a Small Cities application to HUD for the purpose of providing funding for a comprehensive program which may provide housing improvements, job growth, water system improvements and increase recreation opportunities, and Whereas, the federal regulations relating to property submission and the same from that point on. COUNCILMAN MONAHAN-Recommended to change the advertisement for the public hearing. ATTORNEY DUSEK-Recommending changing the notice to read as follows: Resolved, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give ten days notice of said public hearing by publishing, right here I would say, a notice similar to that presented at this meeting and in a form and containing such other language as the Town Attorney may deem appropriate for purposes of publication, etc. VOTE TAKEN RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY MR. WALTER LAPOINT IS UNSAFE - TAX MAP NO. 121-2-16.2 RESOLUTION NO. 90, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Mr. David Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property located at the corner of Pasco and Sherman Avenues, Town of Queensbury, and bearing tax map no. 121-2-16.2, and has made findings as more specifically set forth in a letter dated January 16, 1996, a copy of which is presented to this meeting, and WHEREAS, Mr. David A. Hatin has advised the Town Board of the Town of Queensbury that, in his opinion, the structure on the property presents a hazard and a nuisance to the neighborhood, is unsafe to the general public, and does not appear reparable, and has asked the Town Board of the Town of Queensbury to take action to have the property demolished and removed if the property owner fails to demolish and remove said structure, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury, the Town Board may, by resolution, determine whether, in its opinion, the structure is unsafe and dangerous and thereafter order demolition and/or removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structures thereon, bearing tax map number 121-2-16.2 appear to be: 1. Presently unsafe and dangerous; 2. Potentially an object of attraction and danger to minors; 3. Unfit for the purposes for which it may be lawfully used; and 4. Irreparable; and BE IT FURTHER, RESOLVED, that the Director of Building & Codes be and hereby is authorized to serve a Notice upon the owner(s) of said property, said Notice being in substantially the form presented at this meeting and generally providing: 1. A description of the premises; 2. A statement of particulars in which said structure thereon appears to be unsafe and dangerous, as set forth in Mr. Hatin's letter herein; 3. The Town Board is of the opinion, based on current information, that the structure on the premises generally described as a single family dwelling, must be demolished and removed within 30 days of receipt of this Notice, unless good cause is shown on or before the hearing date set forth herein by the property owner or other interested persons whereupon the time shall be extended by the Town Board of the Town of Queensbury; 4. That a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on March 18th, 1996 at 7:00 p.m., in the Queensbury Activities Center, or not less than five (5) days from the date of service of this said Notice, whichever date if later; 5. That, at the hearing, the Town Board will also consider whether there is a clear and imminent danger to the life, safety or health of any person or property unless the building is immediately closed, repaired, demolished, and removed and whether to authorize the Director of Building & Codes to undertake part of or all of said activity concerning the premises and thereafter assess any charges to the real property as per §68-11 of the Code of the Town of Queensbury; 6. In the event that there is neglect or refusal to comply with the order of this Board to demolish and remove the structure located on said property (unless the time to do so is extended as provided for herein), the Town Board shall take action to have the building on the property demolished and removed and to assess all expenses thereof against the real property on which it is located, and to institute special proceedings to collect the cost of said action, including legal expenses; and BE IT FURTHER, RESOLVED, that service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: DAVE HATIN, DIRECTOR OF BUILDING & CODES-Asked the Town Board if they received copy of letter that was sent to them regarding Mr. LaPointe? TOWN BOARD-Yes. DIRECTOR OF BUILDING & CODES, MR. HATIN-Spoke to the board regarding property noted Mr. LaPointe will not respond to his phone calls, noted he resides with his sister. They do not have any money to fix up the property as they previously had requested, the house has been vacant for about a year. Requested that the board declare the structure unsafe, noting it is more of a health concern. Presented photographs to board members of property. VOTE TAKEN RESOLUTION CONCERNING WEEKS ROAD REALIGNMENT PROJECT RESOLUTION NO.: 91,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Tumer WHEREAS, on April 3, 1995, a hearing with regard to the Weeks Road Realignment proposed public project, was held, and WHEREAS, following the aforesaid public hearing, on or about July 10, 1995, the Town Board of the Town of Queensbury made certain determinations and findings, generally including, but not limited to, the location of the project, the fact that portions of Weeks Road and the existing intersection with Route 9 would continue to exist and be located in the same place, the fact that the realignment project would establish a new Weeks Road intersection directly across from Sweet Road and improve safety and flow of traffic, that there were no practical alternative locations for the project since the purpose of the project was to realign Weeks Road to create a four-way intersection with Sweet Road, and that the project would generally have a positive flow on traffic and benefit adjoining property owners, as well as other properties in the area, and WHEREAS, the Town Board of the Town of Queensbury has undertaken to further review, study, and investigate the aforesaid Weeks Road Realignment Project, particularly during the month of December of 1995, which the Town Board felt would be one of the busier times of the year for that area of Town, and WHEREAS, as a result of further review and discussions, the Town Board of the Town of Queensbury has made certain additional determinations and findings, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines and finds as follows: 1. That it is not aware of any accidents that have occurred in the area of Weeks Road and Route 9 intersection; 2. That there does not appear to be the kind of problems with traffic flow as appears to have been initially determined; 3. That there would be serious impacts on the area adjacent to Sweet Road, and the Town Board does not feel that the traffic conditions warrant the imposition of the aforesaid impacts to Sweet Road at this time; 4. That the proposed improvement, an addition of an intersection of Sweet Road and Weeks Road to Route 9, has not, in the Town Board's opinion, been demonstrated to be of a necessity in terms of traffic flow or public safety; and BE IT FURTHER, RESOLVED, in view of the additional determinations and findings, and based on all available information, the Town Board notes that the project has not been undertaken and should not be undertaken at this time, and Resolution No. 387,95 is hereby rescinded. Duly adopted this 5th day of February, 1996 by the following vote: AYES: Mrs. Pulver, Mr. Tumer, Mrs. Goedert, Mr. Champagne NOES: Mrs. Monahan ABSENT:None RESOLUTION APPOINTING SCHOOL TRAFFIC OFFICER RESOLUTION NO.: 92,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of appointing Charles Ruggiero to the School Traffic Officer position vacated by George Daley on February 2, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Charles Ruggiero to the School Traffic Officer position, effective February 5, 1996, at the rate of pay of $21.00 per 2-hour day, and $7.70 per hour for the time worked after the 2 hours, and BE IT FURTHER RESOLVED, that the hourly wages paid to Mr. Ruggiero shall be from the appropriate Town of Queensbury Payroll Account. Duly adopted this 5th day of February, 1996, by the following vote: A YES: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING CHANGE ORDER AND DECLARING PUBLIC EMERGENCY IN CONNECTION WITH THE WATER TREATMENT PLANT WATER FILTER FAILURE RESOLUTION NO.: 93, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, by resolution no. 336,94, the Town Board of the Town of Queensbury, based on the map, plan and report provided by O'Brien & Gere Engineers, Inc., determined it to be in the public interest to provide for an increase and improvement to the facilities of the Queensbury Consolidated Water District, including the acquisition ofland at an estimated cost of $13,228,000., and WHEREAS, the improvements planned in connection with the increase and improvement of the facilities for the Queensbury Consolidated Water District Treatment Plant included not only making additions to increase the Plant size to a capacity of 15 mgd, but also the refurbishing, reconstruction, and in some instances, replacement, of existing facilities currently used in Water Treatment Plant operations, and WHEREAS, during the time the Water Treatment Plant Expansion Project was being developed, reviewed, and ultimately approved, a decision was made to undertake some minor repairs of existing water filtering devices, but otherwise exclude the same from the Water Plant Improvement Project, with the understanding that the same would be removed and replaced with new filters at such time as the Plant expansion was completed, and when filters constructed as a part of the expansion process were functioning, so that there would always be an adequate supply of treated water, and WHEREAS, there was a filter failure on January 19, 1995, where approximately 20 cells in one of the existing filters failed, and the New York State Department of Health has recommended that the filter be taken out of service and repaired immediately, and has advised that all steps should be taken to expedite corrective action, and WHEREAS, O'Brien & Gere Engineers, Inc., have reviewed the procedures that would be involved in authorizing and approving the reconstruction and/or replacement of the water filters by separate Town Law §202-b proceeding and separate bid under General Municipal Law §103 at this time, and have established that on a reasonably conservative schedule that the work to replace or reconstruct the water filters could not be completed until some time between August 28th and October 21st, and WHEREAS, the Queensbury Consolidated Water District has traditionally experienced its heaviest demands for water during the summer months and if the water filter is not repaired prior to that time, based on all available information, there would be a diminished supply of water resulting in an inability to meet a summer water demand, and an inability to flush fire hydrants, as well as the risk that should the other filter fail, which is quite old as well, the Town would be faced with serious public health problems in connection with the furnishing of water, and WHEREAS, the Town Board of the Town of Queensbury has been advised that the contractor currently under contract for the Water Treatment Plant Expansion, could and would be willing to replace and/or reconstruct the failed filter as a change order item by using a filter planned for use in the Plant Expansion, and now at the project site and thereafter replace the same all at a cost of approximately $330,000., to be paid for from Account No.: 040-8320-2899 (Capital Construction) with the cost amount of $330,000. to be transferred from Account No.: 040-9950-9098 (transfer to Water Treatment Plant Expansion), and WHEREAS, the Town Board of the Town of Queensbury has ascertained that the Notice of Public Hearing and Resolution following the public hearing to authorize the improvement to the Queensbury Consolidated Water District Facilities provided for an estimated cost of $13,228,000., and that an analysis of actual costs incurred and expected to be incurred shows that the actual cost of the Plant improvement are expected to be well under $13,228,000., and at least sufficiently under that amount to allow for a change order in the amount indicated above, without the need for a further Town Law §202-b proceeding, and WHEREAS, the Town Board of the Town of Queensbury has also been advised that funds exist within the Queensbury Consolidated Water District budget to allow for payment of the reconstruction and/or replacement of the filter, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, based on all information, including that recited hereinabove, determines that the replacement and/or reconstruction of the water filter at the Plant can and should proceed as a change order item, since this extra project is consistent with and could have been a part of the original Plant Expansion Project, and would have been a part of said Project, had the Board known that this type of problem would occur, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further determines that based on a review of the schedule for developing bid documents and specifications and ultimately having the work done in connection with the same, there would not be time to replace and/or reconstruct the failed water filter before the summer months when the need for water will be at its greatest, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further determines that the provision of sufficient and safe drinking water is a matter of public health and serious concern, and to accomplish the same, it is necessary to declare this an emergency situation, which requires immediate action that cannot await bidding, and BE IT FURTHER, RESOLVED, that based on the authority set forth and described hereinabove and the circumstances likewise set forth and described hereinabove, together with all supporting documentation, the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to execute a Change Order with U. W. Marx, Inc., providing for the reconstruction and/or replacement of the failed water filter at the Queensbury Consolidated Water District Treatment Plant, at a cost not to exceed $330,000., to be payable from Account No.: 040-8320-2899, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to take all steps necessary, including the execution of any appropriate documents and the placing of the Town's seal on any of the appropriate documents as may be necessary to cause the work authorized herein to be carried out and accomplished. Duly adopted this 5th day of February, 1996 by the following vote: A YES: Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None OLD BUSINESS EFC SEWER BOND REFINANCING CATHY GEOFFROY, COMPTROLLER-Spoke to the board noting that the Environmental Facilities Corporation has notified her that they are moving up the closing date on the bond for the refinancing of the sewer project. The reason they are moving the date up is because of what is going on with the federal government. EFC is going out and doing their bonding next week once they do this we will know our interest rate and our net present value of savings on Thursday. Supervisor Champagne will have to sign and return the term certificate which is a binding agreement that will go with the financing, it has to be retumed within a 24 hour period. Noted the anticipated net present value of savings right now is estimated at $266,000. Asked the board how they would like to be inform before this is done? Noted if it is anything less than $250,000 would they like to know? Town Board, yes. NEW BUSINESS PRESTON COMPUTERS MIKE PRESTON, PRESTON COMPUTERS-Reported to the board on the status of the repair of the file server, noted the components are in transient and hopes to have the remaining parts in on Monday. Also spoke to the board regarding the importance of developing a disaster recovery plan for the town. QUEENSBURY ENVIRONMENTAL ADVISORY COMMITTEE SUPERVISOR CHAMPAGNE-Spoke to the board regarding the minutes of the Queensbury Environmental Advisory Committee Meeting. Asked the board to look at the agenda for 1996, noting the committee has requested the Town Board to ask Warren County to take a lead in setting up household hazardous waste disposal systems. Supervisor Champagne asked the board their opinion of this? Town Board in agreement to have Supervisor put in request. Councilman Monahan recommended having the county look at having a permanent site in the town for residents to dispose of these things. TOWN BOARD MATTERS COUNCILMAN PULVER-Spoke to the board noting that she will be out of Town February 26th. Noted if anyone has any issues concerning the 4th Ward asked that they call the Supervisors Office and Kim will help direct that person to a board member or department that might be able to address the problem. Also asked that the board not take any action on any matters that will have a major impact on the town or the 4th Ward on that date unless it is an emergency situation. ATTORNEY MATTERS ATTORNEY DUSEK-Noted he needs to hold an executive session with the board. OPEN FORUM RONALD MONTESI, COUNTY SUPERVISOR-Presented to board members a copy of the standing committees at the county. Spoke to the board regarding his committees and their functions. PAUL NAYLOR, HIGHWAY SUPERINTENDENT-Thanked Mr. Montesi for all his help at the county. Spoke to the board regarding article in paper on Hiland Park. Asked the board if they have settled regarding the payment of the top coating on the roads in Hiland Park? ATTORNEY DUSEK-Noted they are only working on the sewer part the proceedings the highway has been filed as part of the bankruptcy proceedings. SUPERVISOR CHAMPAGNE-Spoke to the board regarding block grants. MR. MONTESI -Questioned if the city shares in the cost regarding the loader for the landfill? SUPERVISOR CHAMPAGNE-Noted last year they had a profit made at the landfill. It will be those dollars that will be used when we get through the end of the year and the era has been satisfied there will be some shifting ofline items to amend the budget to take care of that. MR. SALVADOR-Spoke to the board regarding his application for a building permit for his cabin on the lake noting his understands the reason for the delay due to the computers being down. Noted he is anxiously awaiting it has been ten weeks and he has commitments he has made. ATTORNEY DUSEK-Noted that part of the delay is due to him because he has been working between the county and the town. Research has been completed I have met with the planning staff a letter should be sent out this week. MR. SALVADOR-Spoke to board regarding letter written to Attorney Dusek regarding easement concerning Mooring Post Marina, the ZBA has told them they would have to obtain an easement from the town board. Noted his concern is with his property and how they cross a town road and they do not have an easement. ATTORNEY DUSEK-Under the traditional type of system communities have either used easement approaches or in many instances a licensing type of approach as opposed to an easement. Noted he hasn't come across anything in particular that has been set up. Thinks that the town can look at establishing some sort of system maybe a licensing system. Noted that it appears that Mr. Salvador would have a license that would be revocable at the option of the town. MR. SALVADOR-Spoke to the board regarding the resolution passed between the Town of Queensbury and the New York State Department of Environmental Conservation regarding the memorandum of understanding. PLINEY TUCKER, QUEENSBURY-Questioned the purchase of the pickup truck for community development? EXECUTIVE DIRECTOR, MR. MARTIN-Noted the truck will be used for his department it replaces the 1987 blazer. The blazer is in excess of 95,000 miles have been informed by the mechanic that the engine may not last much longer. MR. TUCKER-Questioned how long the bond is for concerning the $175,000 for highway? ATTORNEY DUSEK-Five years. MR. TUCKER-Questioned the figures in the paper regarding the water treatment plant water filter failure. MS. GEOFFROY, COMPTROLLER-Noted in the 1995 budget it was 1.5 million used of town money. In the 1996 budget we had a half million allocated to the water treatment plant for a total of 2 million. Weare now going to use $330,000 of the 1996 allocation to pay for the filter. MR. TUCKER-Spoke to the board regarding the rates for the West Glens Falls Water District questioned if the rates include the buy in into the water district? Questioned if the supervisor has received a memo from Tom Flaherty on the West Glens Falls Water District? SUPERVISOR CHAMPAGNE-Noted it seems that a response did come back indicating that did include the buy in not sure will have to look into matter further. MR. TUCKER-Questioned when the town will be replacing Attorney Dusek? TOWN BOARD-Noted they are in the process of interviewing realize the urgency of the situation. MR. TUCKER-Spoke to the board regarding an article in the paper concerning AMG. Questioned if the town checked to see what the grant money was spent for? ATTORNEY DUSEK-Noted the town has a full record itemization of all the items. This was all known and the building checked out before the board signed off on the agreement. It was known at the time this was entered into only some of the money was secured. Those pieces of equipment are the pieces of equipment to which that money goes the other money was used as part of the transition process. This is part of the documentation that was required and is available it is public record. MR. TUCKER-Questioned how much money was lost on the roads in Hiland Park. ATTORNEY DUSEK-Estimated about $40,000. MR. TUCKER-Spoke to the board regarding an employee of the Town taking sand from the town sand supply on Big Bay Road for use in his own business asked the Town Board to look into this matter. COUNCILMAN GOEDERT-Noted as chairman of the highway committee she has a meeting scheduled for tomorrow will check into matter to see what the policy is. COUNCILMAN PULVER-Recommended checking first to see if there was permission given. OPEN FORUM CLOSED RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 94, 96 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Tumer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one matter assessment litigation, one matter acquisition real property, one matter leading to the appointment of particular agency, one matter personnel, one matter attorney/client privilege. Duly adopted this 5th day of February, 1996, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 95, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 5th day of February, 1996, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne Noes: None Absent:None The following resolution was passed. RESOLUTION AUTHORIZING SETTLEMENT ASSESSMENT CASE - MICHAEL 1. WILLIG D/B/A! ADIRONDACK SEAFOOD COMPANY RESOLUTION NO. 96, 1996 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury after review of the matter of the application of Michael 1. Willig D/B/A! Adirondack Seafood Company against Helen Otte et ai, a tax assessment case hereby authorizes settlement of such case that the property value which is currently set as $85,100 is reduced to $70,000, and BE IT FURTHER RESOLVED, that the Town Attorney is authorized to enter into a stipulation so discontinuing the action with the understanding that a stipulation would also be that the property be assessed the same rate next year for 1996 as well as this past year 1995, and the Town Attorney hereby authorizes to enter into stipulations obtain court orders and resolve the case. Duly adopted this 5th day of February, 1996, by the following vote: Ayes: Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 97, 96 INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session for continuation of previous matters. Duly adopted this 5th day of February, 1996, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 98, 96 INTRODUCED BY: Mr. Theodore Tumer 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 BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury adjourns its Regular Meeting. Duly adopted this 5th day of February, 1996, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, 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