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1981-02-24 66 RESOLUTION CALLING FOR EXECUTIVE SESSION RESni llTrnN Ntn - 61, INTRODUCED BY MRS . FRANCES WALTER WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. HAMMOND ROBERTSON : RESOLVED, THAT THE TOWN BOARD HEREBY MOVES INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL PROBLEMS . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR . MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED . RESPECTFULLY, DONALD A. CHASE TOWN CLERK TOWN BOARD MEETING FEBRUARY 24, 1981 TOWN BOARD MEMBERS SUPERVISOR FRANCES WALTER COUNCILMAN DANIEL OLSON COUNCILMAN DR. CHARLES EISENHART COUNCILMAN DANIEL MORRELL COUNCILMAN HAMMONDFOBERTSON TOWN COUNSEL-JOSEPH BRENNAN PRESS : G. F. POST STAR, WWSC, WBZA t GUESTS : RESIDENTS OF ZENAS DRIVE, MR. MYHRBERG .� TOWN OFFICIALS : MR. DANIEL GEALT, MR. LYNN PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROBERTSON MEETING OPENED 7 : 36 P. M. SUPERVISOR WALTER- CALLED THE OUEENSBURY BOARD OF HEALTH TO ORDER REOPENED PUBLIC HEARING ON ELEANOR BACKON-RIDGE ROAD LTR. FEBRUARY 20, 1981 TO : TOWN BOARD FROM: STEPHEN F. LYNN BUILDING AND ZONING DEPARTMENT RE : SEPTIC SYSTEM FOR PROPERTY OF ELEANOR BACKON AT 33 RIDGE STREET DEAR BOARD +MEMBERS : AS DIRECTED BY THE TOWN BOARD IN AUGUST 1980 I HAVE CONDUCTED A MONTHLY INSPECTION, FOR 6 MONTHS, OF THE SEPTIC SYSTEM ON THE ABOVE PREMISES. DURING THESE INSPECTIONS THERE HAS BEEN NO APPARENT OVERFLOW OF EFFLUENT. THE REASON FOR THIS OBSERVATION MAY BE FOR ONE OF TWO REASONS . FIRST, OF COURSE, MAY VERY WELL BE THAT THE PROBLEM HAS BEEN CORRECTED . THE SECOND REASON COULD POSSIBLY BE ATTRIBUTED TO THE UNUSUAL DROUGHT IN WEATHER. THIS COULD BE ALLOWING THE SURROUNDING GROUND TO ABSORB MORE MOISTURE THAN NORMAL CIRCUMSTANCES WOULD. RESPECTFULLY SUBMITTED, /S/ STEPHEN F. LYNN BUILDING INSPECTOR SFL: DB CC : ELEANOR BACKON 335 RIDGE ROAD GLENS FALLS, N. Y. Y SUPERVISOR WALTER- IS THE BUILDING CURRENTLY OCCUPIED? MR. LYNN- YES COUNCILMAN EISENHART-HAS IT BEEN OCCUPIED SINCE AUGUST? MR. LYNN-I CANNOT VERIFY THAT . . . COUNCILMAN MORRELL- WHEN DID YOU GO THERE THIS MONTH? MR. LYNN- LAST WEEK. THERE WAS STILL SNOW ON THE GROUND . . . } SUPERVISOR WALTER- I WOULD SAY THAT WITH YOUR LETTER STEVE, THAT THE PROBLEM HAS CEASED TO EXIST REGARDING THE SEPTIC SYSTEM. . . (MS . BACKSON WAS NOT PRESENT) COUNCILMAN OLSON- HAS CORRECTIVE WORK BEEN DONE AT THE SITE? MR. LYNN- THE ONLY THING THAT WAS DONE TO MY KNOWLEDGE WAS TO PUMP THE SYSTEM. . . COUNCILMAN EISENHART- I WOULD MOVE THAT THE HEARING BE CLOSED AND NO ACTION BE TAKEN. . . SUPERVISOR WALTER- I CONCUR WITH DR. EISENHART, IF THERE ARE ANY MORE PROBLEMS AT THAT ADDRESS WE WILL START THE PROCEDURE OVER AGAIN. . . COUNCILMAN ROBERTSON- AS FAR AS I CAN SEE THERE IS NO CAUSE FOR ACTION. . . SUPERVISOR WALTER- IT HAS BEEN DETERMINEDINiFORMALLY BY THE QUEENSBURY TOWN BOARD ACTING AS THE QUEENSBURY BOARD OF HEALTH, NO ACTION WILL BE TAKEN IN THE MATTER OF ELEANOR BACKON AT 335 RIDGE ROAD, I DECLARE THE HEARING CLOSED. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION Nn_ S�, INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : RESOLVED, THAT THE MINUTES OF FEBRUARY 10, 1981 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR . ROBERTSON, MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO ENTER INTO CONTRACT WITH LAKE GEORGE OPERA FESTIVAL ASSOCIATION RFcQlllTTnN Nn _ INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, THE TOWN BOARD HAS MADE AN APPROPRIATION TO THE PUBLICITY FUND OF THE TOWN FOR THE FISCAL YEAR 1981, AND WHEREAS, THE OPERA FESTIVAL ASSOCIATION, INC . IS LOCATED IN THE TOWN OF QUEENSBURY AND THE PUBLICITY PROGRAM OF THE OPERA FESTIVAL WILL BE OF GREAT BENEFIT TO THE TOWN, NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY ENTER INTO A CONTRACT WITH OPERA FESTIVAL ASSOCIATION INC . , WHICH WILL PROVIDE THAT OPERA FESTIVAL ASSOCIATION, INC . , PROMOTE THE TOWN OF QUEENSBURY AS A SUMMER VACATION AREA AND CULTURAL CENTER IN CONSIDERATION OF THE SUM OF $4, 000 . 00 TO BE PAID FROM SAID APPROPRIATION, AND BE IT FURTHER RESOLVED, THAT THE SUPERVISOR BE AND HEREBY IS AUTHORIZED TO EXECUTE SUCH CONTRACT ON BEHALF OF THE TOWN BOARD OF THE TOWN OF QUEENSBURY IN A FORM APPROVED BY THE TOWN ATTORNEY . DULY ADOPTED BY THE FOLLOWING VOTE : ss AYES : MR. OLSON, DR. EISENHART, MR . MORRELL, MR. ROBERTSON, MRS . WALTER NOES: NONE ABSENT: NONE RESOLUTION TO TRANSFER FUNDS R-FSO 1TTON Nn_ 66 INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL MORRELL : WHEREAS, IT IS NECESSARY TO TRANSFER FUNDS FOR WORKMEN' S COMPENSATION INSURANCE, NOW, THEREFORE BE IT RESOLVED, TO TRANSFER $6, 314. 00 FROM A1910 . 440 UNALLOCATED INSURANCE TO A9040 . 800 EMPLOYEE BENEFITS, WORKMEN ' S COMPENSATION INSURANCE . DULY ADOPTED BY THE FOLLOWING VOTE : �J AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE ABSENT: NONE DISCUSSION HELD ON INSURANCE TRANSFERS . . . SUPERVISOR WALTER NOTED THE INSURANCE AUDIT WILL BE HELD IN APRIL AND ADJUSTMENTS WILL BE MADE AT THAT TIME. . . RESOLUTION TO TRANSFER FUNDS W.ckni .�n..�.SZs, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. HAMMOND ROBERTSON : WHEREAS, IT IS NECESSARY TO TRANSFER FUNDS FOR HIGHWAY WORKERS COMPENSATION INSURANCE AND FOR GENERAL LIABILITY INSURANCE, NOW, THEREFORE BE IT RESOLVED, TO TRANSFER $1591 . 00 FROM DS5142 . 100 HIGHWAY SNOW PERSONAL SERVICES TO DS9040. 800 EMPLOYEE BENEFITS WORKERS COMPEN- SATION, $1591 . 00 FROM DR5110 . 462 HIGHWAY REPAIRS, PAVING MATERIALS TO DR9040 . 800 EMPLOYEE BENEFITS WORKERS COMPENSATION AND $1897 . 00 FROM DM5130 . 200 HIGHWAY MACHINERY EQUIPMENT TO DM5130 . 420 HIGHWAY MACHINERY INSURANCE . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE ABSENT: NONE SUPERVISOR WALTER- REQUESTED THAT ANOTHER RESOLUTION BE ADDED TO THE AGENDA REGARDING CONTRACT WITH HEALTH RESEARCH INC . OF ALBANY, N. Y. APPROVED BY THE BOARD RESOLUTION TO ENTER INTO CONTRACT P"l liTTQNI mn 66 INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS . FRANCES WALTER : WHEREAS, THE QUEENSBURY WATER DEPARTMENT I:N IT ' S DAILY OPERATIONS MAINTAINS A CERTIFIED LABORATORY CAPABLE OF CONDUCTING CERTAIN WATER QUALITY TESTS AND WHEREAS, HEALTH RESEARCH INC . OF ALBANY, NEW YORK, A NOT FOR PROFIT CORPORATION, HAS BEEN AWARDED A NEW YORK STATE DEPARTMENT OF CONSERVA- TION CONTRACT TO CONDUCT AN URBAN RUN OFF PROGRAM FOR LAKE GEORGE AND HAS REQUESTED THAT THE QUEENSBURY WATER DEPARTMENT PERFORM CERTAIN LAB- ORATORY SERVICES AND WHEREAS, THOMAS K. FLAHERTY, QUEENSBURY WATER SUPERINTENDENT, HAS RECOMMENDED THAT THE QUEENSBURY WATER DEPARTMENT LABORATORY CAN BENEFICALLY PERFORM THESE SERVICES, THEREFORE BE IT RESOLVED, THAT THOMAS K. FL,AHERTYr QUEENSBURY WATER SUPERINTENDENT BE AUTH- ORIZED TO SIGN THE REQUIRED SUBCONTRACT BETWEEN HEALTH RESEARCH INC . 69 AND THE QUEENSBURY WATER DEPARTMENT (TOWN OF QUEENSBURY) TO FURNISH BACTERIOLOGICAL TESTING FOR THE LAKE GEORGE URBAN RUNOFF PROJECT. AND BE IT FURTHER RESOLVED, THAT THE TOTAL AMOUNT OF THE CONTRACT WILL BE THIRTY-FIVE HUNDRED DOLLARS ($3, 500 . 00) . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE ABSENT : NONE COUNCILMAN ROBERTSON- ASKED THAT ANOTHER RESOLUTION BE BROUGHT BEFORE THE TOWN BOARD REGARDING ATTENDANCE AT A CONFERENCE OF THE WATER SUPT . AND THE CHIEF OPERATOR. . . .APPROVED BY THE BOARD. . . RESOLUTION TO ATTEND CONFERENCE RESOLUTION NO. 671 INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. HAMMOND ROBERTSON: WHEREAS, THOMAS K. FLAHERTY, QUEENSBURY WATER SUPERINTENDENT HAS REQUESTED AUTHORIZATION FOR MEMBERS OF THE WATER DEPARTMENT TO ATTEND THE SPRING CONFERENCE OF THE AMERICAN WATER WORKS ASSOCIATION TO BE HELD AT ELLENVILLE, NEW YORK, APRIL 28 THRU MAY 1, 1981 . THEREFORE BE IT RESOLVED, THAT AUTHORIZATION IS HEREBY GRANTED TO THE WATER SUPERINTENDENT AND CHIEF OPERATOR TO ATTEND SAID CONFERENCE AND THAT THE ACTUAL AND NECESSARY EXPENSES INCURRED IN SUCH ATTENDANCE IS A PROPER TOWN CHARGE . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE -- ABSENT: NONE COMMUNICATIONS LTR. FROM DIRECTOR OF PURCHASING RE : ACCEPTANCE OF BIDS ON TWO CARS ON FILE RESOLUTION TO ACCEPT BIDS BFSO LITTON Nn_ CIRV INTRODUCED BY MR . DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. HAMMOND ROBERTSON: WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY REQUESTED THAT THE DIRECTOR OF PURCHASING ADVERTISE FOR BIDS FOR TWO NEW VEHICLES, AND WHEREAS, TWO BIDS WERE RECEIVED AND OPENED AT THE SPECIFIED TIME AND PLACE BY THE DIRECTOR OF PURCHASING AND SUCH BIDS WERE THEN TURNED OVER TO MR . OLSON FOR HIS RECOMMENDATION, AND WHEREAS, THE DIRECTOR OF PURCHASING, DONALD CHASE AND COUNCILMAN OLSON, REVIEWED THE BIDS AS RECEIVED AND BY LETTER RECOMMENDED THAT THE BID BE AWARDED TO MALTBIE OF LAKE GEORGE, AND BE IT FURTHER RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY ACCEPTS THE BID OF MALTBIE GARAGE INC . OF LAKE GEORGE FOR TWO NEW CHEVETTES ' AT A COST OF $5, 138 . 00 EACH, AND BE IT FURTHER RESOLVED, THAT THE FINANCING OF THESE TWO CARS WILL COME FROM THE REVENUE SHARING ACCOUNT . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR, EISENHART, MR. MORRELL, MR, ROBE;RTSONr MRS , WALTER NOES : NONE ABSENT: NONE 70 MOBILE HOME APPLICATION- STEVEN SUMNER OF PASCO AVENUE TO REPLACE EXISTING MOBILE HOME WITH 1978 TITAN. . .MR. SUMNER WAS PRESENT COUNCILMAN EISENHART- YOU WILL TAKE THE OLD MOBILE HOME OUT? MR. SUMNER- IT HAS BEEN TAKEN OUT. . . a COUNCILMAN EISENHART- THE NEW ONE WILL GO IN THE SAME PLACE? MR. SUMNER- YES COUNCILMAN OLSON- IS THE SEPTIC SYSTEM OPERATING PROPERLY? r MR. LYNN- I HAVE RECEIVE NO COMPLAINTS ON IT. . . SUPERVISOR WALTER- HOW LONG HAVE YOU BEEN THERE? MR. SUMNER- SEVEN YEARS RESOLUTION TO AUTHORIZE PERMIT OF MOBILE HOME EXCHANGE RESOLUTION Nn_ 69 . INTRODUCED BY DR . CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, MR. STEVEN SUMNER HAS MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 (C) SECTION 4, OF AN ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, TO EXCHWGE MOBILE HOME AT PROPERTY SITUATED ON PASCO AVENUE, AND WHEREAS IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICATION IS : SUFFICIENT TO AUTHORIZE THE ISSUANCE OF THE PERMIT REQUESTED BY SAID APPLICATION, NOW, THEREFORE BE IT RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE, PERMISSION IS HEREBY GIVEN TO STEVEN SUMNER TO EXCHANGE THE MOBILE HOME AT PASCO AVENUE AND THAT THE BUILDING INSPECTOR IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE SUCH PERMIT IN ACCORDANCE �. WITH THE TERMS AND CONDITIONS OF SAID ORDINANCE . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR . MORRELL, MR . ROBERTSON, MRS . WALTER NOES : NONE ABSENT : , NONE REPORTS- QUEENSBURY POLICE REPORT FOR THE MONTH OF JANUARY 1981 ON FILE COUNCILMAN ROBERTSON- ANNOUNCED TO THE BOARD THAT A SURVEY OF RESIDENTS ON WEST MT. ROAD AND SIDE STREEIS WILL BE MADE TO SEE IF THERE IS ANY INTEREST IN HAVING TOWN WATER. . . PETITION ARE AVAILABE AT THE TOWN OFFICE BUILDING AND WATER DEPT. COUNCILMAN EISENHART- WILL -- CONTACT BAY RIDGE RESQUE SQUAD ON AMBULANCE CONTRACT. . . COUNCILMAN OLSON- NOTED HE HAD RECEIVED CALLS IN REGARD TO THE UPCOMING TRIP TO BRAZIL BY THE HIGHWAY SUPT. , HE WISHED TO NOTE THAT THIS TRIP IS NOT BEING PAID FOR BY THE TOWN OF QUEENSBURY . . . OPEN FORUM 8 : 08 P.M. MRS . CIAFARDINI-ZENAS DR. -PRESENTED THE TOWN BOARD WITH A PETITION REQUESTING THE TOWN TO CORRECT THE PROBLEM OF FLOODING ON ZENAS DR. SUPERVISOR WALTER- THE TOWN IS WELL AWARE OF THE PROBLEM ON ZENAS DR. MRS . MERLETTO OF ZENAS DR. - NOTED HER HOUSE HAS BEEN FLOODED SEVERAL TIMES, FOUR TIMES IN THELAST THREE WEEKS, THE TOWN HAS NOT HELPED US ENOUGH. . . THE HIGHWAY DEPT. DOES NOT RESPOND TO OUR CALLS AND THEY DO NOT MAKE ANY DECISIONS . . . l.Jl COUNCILMAN MORRELL- DID THE REAL-ESTATE AGENT WHO SOLD YOU THAT TELL YOU OF THOSE POTENTIAL PROBLEMS? MRS . MERLETTO- NO MRS . CIAFARDINI- IF THESE POTENTIAL PROBLEMS EXISTED THEN WHY DID THE TOWN GIVE THE BUILDER PERMISSION TO BUILD BACK THERE? THIS SPOT IS A NATURAL LOW SPOT AS QUOTED BY DAN GEALT. . . _SUPERVISOR WALTER- I HAVE REVIEWED THE PROBLEM WITH OUR BUILDING DEPT. THERE ARE TWO SUBDIVISIONS BACK THERE BOTH WERE APPROVED BY THE PLANNING BOARD. THE LATEST ONE TO BE APPROVED DOES REQUIRE THAT THERE BE - DRAINAGE, ASSUMING THAT THE BUILDER WOULD GO AHEAD AND BUILD THE SUBDIVISION ACCORDING TO THE PLAN THAT HE SUBMITTED TO THE PLANNING BOARD THAT WERE APPROVED BY THE TOWN ": THERE SHOULD BE DRAINAGE THERE . THE BUILDING PERMIT WAS ISSUED FOR THE LOTS THAT YOU ARE TALKING ABOUT NOW, BECAUSE THERE WAS NO LEGAL REASON NOT TO ISSUE A BUILDING PERMIT . MRS . CIAFARDINI- THE WATER MUST HAVE BEEN THERE FOR YEARS BEFORE WE SET FOOT IN QUEENSBURY. . . THERE IS AN OPEN CULVERT ON DIXON ROAD DIRECTED TO OUR DEVELOPMENT. — THAT IS WHERE THE WATER IS COMING FROM. . . DANIEL GEALT- WE STARTED TO ADDRESS THE PROBLEM ABOUT WATER COMING FROM DIXON ROAD, WE GOT THE MATERIALS IN LAST FALL, BUT IT WAS TOO LATE TO GET THE PROJECT DONE BEFORE THE FROST, WE WILL START AGAIN WITHIN THE NEXT WEEK. THAT WILL NOT SOLVE THE ENTIRE PROBLEM, A LOT OF WATER COMES FROM THE HOUSES ON COLONIAL COURT AND HELEN DR. AND HEINRICK CIR. IT COMES OVERLAND THROUGH PRIVATE PROPERTY. WE CAN DELAY SOME OF THIS BY DIVERTING SOME OF IT DOWN DIXON ROAD AND PLACE IT ON THE WATER SHED PROPERTY. . . IT IS MY INFORMATION THAT WHEN THE FOUNDATIONSWERE STAKED OUT BY A SURVEYOR THE LOTS WERE UNDER WATER . . . IT IS MY INFORMATION THAT THE BUILDER WAS AWARE AT THE TIME THE HOUSES WERE CONSTRUCTED THAT THERE WOULD BE A WATER PROBLEM THERE . THE PLANNING BOARD DOES NOT HAVE A GOOD ENOUGH SET OF SUBDIVISION REGULATIONS TO REALLY FORCE THE DEVELOPER TO PREVENT THINGS LIKE THIS . . IN REGARD TO THIS PROBLEM WE ARE ATTEMPTING TO CORRECT PART OF IT NOW AND THE REST OF IT WILL PROBABLY INVOLVE EXTENSIVE STORM DRAINAGE SYSTEM, COLONIAL COURT, HILLCREST UP DIXON ROAD AND PARTS OF WESTLAND. COUNCILMAN OLSON- SUGGESTED THAT LARGER AND DEEPER DRY WELLS BE PLACED IN THE AREA. . . MRS . CIAFARDINI- NOTED THAT THEY HAD PUMPED OUT MRS . MERLETTO ' S HOUSE FOR THREE DAYS INTO THE CITY WATER SHED PROPERTY . . .NOTED THAT THEY WERE ACTUALLY PUMPING OUT THE ROADWAY. . . SUPERVISOR WALTER-I BELIEVE THAT THE QUEENSBURY CENTRAL FIRE CO. WAS PUMPING THE WATER TOO. . . MRS . CIAFARDINI- NO, THEY ONLY ASSISTED US WITH HOSE, THEY DID NOT PUMP. . . WE WERE TOLD THE HIGHWAY DEPT. WAS TO PUMP OUT THE STREET. . . SUPERVISOR WALTER- WHO TOLD YOU THAT THE HIGHWAY DEPT. WAS GOING TO PUMP OUT THE STREET? MRS. CIAFARDINI-MR. GEALT TOLD US, THAT HE WAS GETTING PERMISSION FROM GLENS FALLS TO PUMP OUT THE STREET. . . . MR. GEALT- AT THE REQUEST OF THE ALSTER CO. AND KAYMER CO. I LOOKED INTO GETTING PERMISSION FOR A FIRE CO. TO COME IN AND ASSIST THESE PEOPLE . . . i �-` I NEVER IMPLIED THAT THE TOWN HIGHWAY DEPT. WOULD PUMP ANY OF THAT WATER AWAY. . . MRS . CIAFARDINI- NOTED THAT SHE HAD PHOTOS OF THE BUILDING BEING BUILT AND THERE WAS NO WATER WHEN THE FOUNDATION WAS BEING POURED. . . .QUESTIONED WHY THE WORK WAS NOT DONE LAST YEAR BEFORE A DEEP FROST . . . . SUPERVISOR WALTER- THE TOWN BOARD DOES NOT TELL THE HIGHWAY SUPT . HOW TO DO HIS JOB, HE IS ELECTED BY THE PEOPLE TO DO THE JOB AS HE SEE ' S FIT. MRS . CIAFARDINI- WE HAVE NOT GOTTEN ANY SATISFACTION FROM THAT DEPARTMENT . DURING THE LAST FLOOD ASKED FOR HELP IN GETTING HER DAUGHTER FROM THE BUS STOP THROUGH THE WATER TO HER HOUSE, CALLED THE SHERRIFF' S DEPT. THEY SAID IT WAS NOT THEIR JURISDICTION,,CALL THE TOWN, I CALLED THE TOWNdI SPOKE TO YOUR SECRETARY AND I WAS TOLD THERE WAS NOTHING YOU COULD DO, I CALLED DAN GEALT TO SEE IF A TRUCK WOULD PICK HER UP AND 72 THEY SAID THERE WAS NOTHING THEY COULD DO. . . ALL I AM ASKING FOR IS A LITTLE COMPASSION AND CONSIDERATION . . . COUNCILMAN EISENHART- AS I UNDERSTAND THE BACKGROUND WHEN THIS FIRST CAME UP, THE COST OF DRAINAGE IN THE AREA WOULD BE $200, 000 . 00, THE FACT THAT SOME BUILDER, BUILT ON THE BOTTOM OF A HOLE AND YOU BOUGHT HOMES IN THE BOTTOM OF A BOWL, I DO NOT UNDERSTAND WHY THE TOWN COULD PUT UP $200, 000 . 00 IN ORDER TO DRAIN THAT PARTICULAR STREET. SUPERVISOR WALTER- WE POSSIBLY COULD SET UP A DRAINAGE DIST. IN THE TOWN AND LEVY A TAX ON THOSE PEOPLE WHO LIVE IN THE DIST . . . IT WOULD NOT BE FAIR TO TAX THE OTHER RESIDENTS OF THE TOWN FOR THE PROBLEM YOU FIND YOURSELF IN. . . IT WOULD TAKE TIME TO SET UP A DRAINAGE DIST. TO SOLVE THE PROBLEM. . . MRS . CIAFARDINI-ASKED IF FEDERAL GRANTS ARE AVAILABLE. . . �--J SUPERVISOR WALTER- WE HAVE LOOKED INTO DRAINAGE GRANTS AND THEY ARE NOT AVAILABLE . . . DRAINAGE IS A LOW PRIORITY ITEM. . . AT THIS TIME . . . TO SAY THAT THE TOWN HAS NOT DONE ANYTHING IS AN UNFAIR STATEMENT, WE HAVE LOOKED INTO THE LARGE AREA PROBLEM. . .THERE IS NOT THE MONEY AVAILABLE. . . IT IS IN THE PERVIEW OF THE HIGHWAY DEPT . TO TAKE CARE OF THESE PROBLEMS-I WOULD ASSUME THAT AFTER YOUR TALKING TO HIM THAT HE DID SOMETHING ABOUT IT. SS MRS . CIAFARDINI- THE OPEN CULVERT�DIRECTING THE WATER DOWN HERE, THAT IS WHERE NINE TENTHS OF THE WATER COMES FROM, THAT CULVERT IS THE MAIN PROBLEM OF OURS, THAT IS WHY WE ARE FLOODING. . . FRANK KINEKE-PROCRAFT BUILDERS-WE BUILT THE ROAD AND THE DRAINAGE AS PER THE SPECIFICATIONS OF THE HIGHWAY DEPT . MR . GARB, HIGHWAY SUPT. HE TOLD ME WHERE HE WANTED THE DRAINAGE, WHERE HE WANTED THE CULVERTS UNDER THE ROAD AND WHERE THE WATER WAS GOING TO RUN OFF-UNFORTUNATELY IT GOES UP HILL WHERE THE WATER WAS GOING TO RUN OFF. IT WAS BUILT TO TOWN SPECIFICATIONS AND WAS ACCEPTED BY THE TOWN. I WOULD LIKE TO CORRECT SOME UNTRUTHS THAT WERE TOLD HERE, WHEN THE LAND WAS BEING SURVEYED, AT NO TIME WAS IT UNDER WATER . JOHN VANDUSEN DID THE SURVEY, I SAgr NO FLOODING ON THAT PROPERTY UNTIL A FLASH FLOOD CAME WHEN WE WERE BUILDING MERLETTO' S HOUSE./ THE FOUNDA- TION WAS UNDER CONSTRUCTION. AT THE CIAFARDINI HOUSE THERE WAS NO WATER IN THEIR BASEMENT, THE MERLETTO ' S HOUSE GOT FLOODED WHEN THE FOUNDATION WAS OPEN AND TRENCHED OUT TO BACK THE CEMENT TRUCK DOWN THERE, THAT IS WERE THE WATER CAME . IF THE CULVERTS ON THE DIXON ROAD WERE BLOCKED OFF THERE WOULD BE NO PROBLEM IN THAT SUBDIVISION, THERE ARE DRY WELLS THAT ARE HANDLING IT. . . THE SUBDIVISION WAS BUILT TO TOWN SPECIFICATIONS . . . MR. GEALT-THE HIGHWAY DEPT. IS ONLY RESPONSIBLE FOR CONSTRUCTION OF A ROAD. . . THE SPECIFICATIONS THAT MR, KINEKE IS TALKING ABOUT I BELIEVE UPON DISCUSSION WITH MR. GARB HE ASKED MR. KINEKE TO CONSTRUCT A ROAD A CERTAIN WAY, TO DO WHAT EVER CAN BE DONE TO KEEP THE WATER OFF THE ROAD AND MR. KINEKE DID COMPLY WITH THAT. AS TO THE SUBDIVISION BEING BUILT TO TOWN SPECIFICATION THERE ARE NO TOWN SPECIFICATIONS IN REGARD TO SUBIDIVISIONS, AS YOU KNOW. THE CULVERT UNDER DIXON ROAD WAS THERE BEFORE THE FIRST HOUSE WAS BUILT, BEFORE THE SUBDIVISION PLAN WAS FILED AND WATER WAS FOR AS LONG AS ANYONE CAN REMEMBER FLOWING INTO THERE, IT WAS A NATURAL LOW AREA. THE SURVEYOR VOLUNTEERED THAT WHILE HIS CREW WERE OUT THERE THE LOTS WERE UNDER WATER . COUNCILMAN EISENHART- DO I UNDERSTAND THAT YOU ARE GOING TO TURN OFF THAT CULVERT, HOPFULLY WITHIN THE NEXT WEEK? MR. GEALT- WE ARE REDIRECTING IT. . . IF WE CAN POSSIBLE FINISH IT WITHIN THE NEXT WEEK WE WILL. . . SUPERVISOR WALTER- THERE WERE DRAIWE AREAS BETWEEN SOME LOTS YOU SAID YOU DID COMPLY WITH THE SUBMITTED PLAN? MR. KINEKE-THERE IS ONLY ONE DRAINAGE AREA, THAT IS BETWEEN THE MERLETTO LOT AND THE VACANT LOT THAT I STILL OWN. SUPERVISOR WALTER- MR. GARB INDICATED THAT IN REGARD TO THE CRESTHAVEN SUBD. THAT THERE BE TWO OTHER AREAS FOR DRAINAGE BETWEEN TWO OTHER LOTS TO THE W=ST OF THE MERLETTO LOT. 73 MR. KINEKE-THIS IS NEWS TO ME TODAY. SUPERVISOR WALTER- I HAVE GONE THROUGH THE SUBDIVISION MAPS, I HAVE GONE THROUGH THE FILES AND THESE ARE SOME OF THE THINGS THAT I FOUND AS FAR AS LOOKING INTO SEE WHAT RESPONSIBILITIES THE TOWN DOES HAVE AND WHERE IT POSSIBLY DID NOT LIVE UP TO ITS RESPONSIBILITIES . MR. KINEKE- I FEEL THAT THE TOWN . . . DUG A TRENCH THREE HUNDRED YARDS DOWN THE ROAD AND CROSS INTO THE WATER SHED PROPERTY THERE WOULD BE NO PROBLEM THERE . LAST YEAR I VOLUNTEERED THE USE OF MY MACHINE TO DIG THIS AT NO COST TO THE TOWN AND I WAS TOLD IT COULD NOT BE DONE . SUPERVISOR WALTER- IN THE DRAINAGE AREA THAT GOES ALONG THE PROPERTY LINE OF THE MERLETTO'S WHERE DOES THAT DRAIN INTO, OR DOES IT ABRUPTLY STOP? MR. KINEKE- IT ABRUPTLY STOPSjBUT ACCORDING TO CARL GARB WHEN HE TOLD ME TO DO IT THERE IT WAS A NATURAL RUN OFF OF WATER. . . IT' STOPS BEHIND THAT PROPERTY INTO THE WATER SHED PROPERTY AND GOES APPROXIMATELY 200 ' INTO THE WATER SHED PROPERTY I DO NOT THINK ANYONE ANTICIPATED THE AMOUNT OF WATER THAT COME IN THERE . . . MR. SHAWN GARVEY-ONE OF THE OWNERS OF GARVEY VOLKSWAGEN-I ALSO LIVE ON ZENAS DRIVE-LAST YEAR WHEN THIS PROBLEM OCCURED, I ASSUMED WRONGLY THAT PROPER STEPS WOULD BE TAKEN CARE OF SO IT WOULD NOT HAPPEN AGAIN . I PERSONALLY BELIEVE THAT BECAUSE OF THE LEGAL ACTION THAT IS BEING TAKEN AGAINST THE TOWN BY THE PEOPLE TO MY RIGHT THAT THE TOWN HAS DRAGGED ITS FEET. THIS IS AN EMOTIONAL ISSUE BUT I FEEL THAT IT CAN BE ATTACKED LOGICALLY. I AM IN A BETTER POSITION TO CREATE PROBLEMS FOR THE TOWN, THEN A PRIVATE INDIVIDUAL I PROMISE YOU THAT IF THIS IS NOT TAKEN CARE OF PROPERLYjI WILL PURSUE IT. SUPERVISOR WALTER- ARE YOU THREATENING US? MR. GARVEY- NO I AM JUST PROMISING YOU . . . COUNCILMAN OLSON- WHAT KIND OF PROBLEMS ARE YOU GOING TO BRING ON THE TOWN? I WAS ALSO THREATENED ON THE PHONE. . . MR. GARVEY- LEGAL PROBLEMS COUNCILMAN OLSON- BY A REPRESENTATIVE OF A FIRM IN THE CITY OF GLENS FALLS, WHICH HAS NOTHING TO DO WITH THE TOWN OF QUEENSBURY . MR. GARVEY- I FEEL THAT, YOU SAY THE TOWN HAS NO LEGAL RAMIFICATIONS- THERE IS NO BLAME WITH '?THE TOWN . . . SUPERVISOR WALTER- I NEVER MADE THAT STATEMENT - MR. GARVEY- I FEEL THAT IT IS THE TOWN'S RESPONSIBILITY BECAUSE THE ROAD IS MADE ACCORDING 90 ` ` SPECIFICATIONS. THE ROAD CANNOT BE MAINTAINED BECAUSE IT IS UNDER WATER. . .THE SEWER SYSTEMS THAT WERE APPROVED BY THE TOWN DO NOT WORK WHEN THEY ARE UNDER WATER . . . I FEEL THAT MOST OF THE BLAME IS WITH THE TOWN AND I WANTED EVERYONE TO KNOW THAT IS HOW I FELT. MR. MYHRBERG-MEADOWBROOK ROAD- IN REGARD TO THE MEADOWBROOK ROAD BRIDGE NOTED IN THE LAST THREE RAIN STORMS THE TEMPORARY BRIDGE WAS STARTING TO WASH OUT. . .ALSO A POWER POLE IS BEING WASHED OUT . . . ASKED WHEN THE BIDS ARE OPENED FOR THE MATERIALS FOR THE BRIDGE, WHO WILL BE ABLE TO ACCEPT THEM IF MR. GEALT IS IN BRAZIL? COUNCILMAN OLSON- THE BIDS WILL BE ACCEPTED BY THE PURCHASING AGENT BUT THE AWARDING WOULD BE UPON THE HIGHWAY SUPT. RECOMMENDATION. . . MR. MYHRBERG- WOULD THAT BE DONE IN HIS ABSENCE? MR. GEALT- THEY WILL., IF NECESSARY BE ACCEPTED IN MY ABSENCE THROUGH THE RECOMMENDATION OF THE DEPUTY HIGHWAY SUPT. . . I WILL BE IN CONTACT WITH HIM. THE MATERIALS WILL NOT BE AVAILABLE FOR PROBABLY FOUR MONTHS, THE MANUFACTURERS RECOMMENDATION IS THAT IT BE .INSTALLED WHEN THE WATER IS LOWEST, ABOUT AUGUST SOMETIME, CONSTRUCTION WILL NOT TAKE PLACE UNTIL WELL AFTER I RETURN. MR. MYHRBERG- HAVE YOU DISCUSSED WITH D.O.T . AND ENCON THE BEST WAY TO CONSTRUCT THE BRIDGE? THERE WILL BE NO DETRIMENTAL EFFECTS TO THE ENVIRONMENT? 74 MR, GEALT- NO DETRIMENTAL EFFECTS TO THE ENVIRONMENT. MR. MYHRBERG- DID YOU NOT SAY THAT THE BRIDGE WAS AS SOUND AS THE ONE THAT WAS THERE? MR. GEALT- IT IS CURRENTLY AS SOUND AS THE OLD ONE, WE ARE KEEPING AN EYE ON THE BRIDGE . MR MYHRBERG- WHY IS IT THAT THE BRIDGE IS WASHING AWAY? MR. GEALT- IT IS NOT WASHING AWAY . . . MR. MYHRBERG - WHAT STEPS HAVE YOU TAKEN TO KEEP THE POWER POLE UP? MR. GEALT- I HAVE ASKED NIAGARA M OHAWK ABOUT THAT, THEY ADVISED ME THAT IT IS SET DEEP ENOUGH THAT THERE WILL BE NO PROBLEM. THE PURPOSE OF A BRIDGE IS TO CARRY A ROAD OVER A STREAM NOT TO PROVIDE FLOOD CONTROL FOR THE AREA DOWN STREAM OF THE BRIDGE . SUPERVISOR WALTER- WE HAVE NOTED THAT ENCON AND DOT WILL BE CONSULTED BEFORE THE BRIDGE IS CONSTRUCTED. . . MR. GEALT- SPOKE ON THE TYPE OF BRIDGE THAT WILL BE BUILT. . . MRS . MERLETTO- IF THERE IS ANOTHER RAIN AND WE ARE FLOODED WILL THE HIGHWAY DEPT. GIVE US THEIR FULL COOPERATION? MR. GEALT-WE WILL DO WHATEVER IS IN OUR LEGAL AUTHORITY TO ASSIST YOU. MRS . MERLETTO-ASKED IF THE DRAINAGE BY HER LOT COULD BE EXTENDED THROUGH TO THE WATER SHED PROPERTY. . . MR. GEALT-WE HAVE NO PERMISSION TO EXCAVATE ON CITY PROPERTY . . . COUNCILMAN OLSON- WHEN YOU RECEIVED PERMISSION TO DUMP WATER ON THE CITY PROPERTY, WAS THAT JUST FOR THE ONE STORM? MR. GEALT-THEY ARE WILLING FOR US TO DEPOSIT WATER ON THEIR PROPERTY WHEN NECESSARY, BUT THEY REQUESTED PRIOR NOTIFICATION. MRS . MERLETTO- ASKED WHY THE HIGHWAY DEPT . COULD NOT DROP OF A LOAD OF SAND IN FRONT OF THE HOUSE TO PROTECT IT FROM THE WATER . . . MR. GEALT-IF WE DIVERT WATER BY PLACING A DIKE IN FRONT OF YOUR PROPERTY WE WOULD FORCE THE WATER INTO SOMEONE ELSE ' S PROPERTY THEN WE HAVE MORE OF A PROBLEM THEN BEFORE . . . RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO.7.Qw INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADUPTION, SECONDED BY MR. HAMMOND ROBERTSON : RESOLVED, THAT AUDIT OF BILLS AS LISTED ON ABSTRACT NO. 81-2D AND NUMBERED 278 THROUGH 283 AND TOTALING $8, 630 . 25 BE AND HEREBY IS APPROVED AND BE IT FURTHER RESOLVED, THAT VOUCHER NO. 278 WAS PULLED FROM THIS AUDIT. i DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE i� ABSENT: NONE RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 71- INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ADOPTION, SECONDED BY MR. DANIEL MORRELL : RESOLVED, THAT THE TOWN BOARD HEREBY MOVES INTO EXECUTIVE SESSION TO DISCUSS POSSIBLE LITIGATION. DULY ADOPTED BY THE FOLLOWING VOTE : AYES ; MR. OLSON, DR. EISENHART, MR , MORRELL, MR. ROBERTSON, MRS . WALTER NOES ; NONE ABSENT BONE