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1979-08-28 80 REGULAR TOWN BOARD MEETING AUGUST 2 ', 1979 MEMBERS PRESENT: MICHEL BRANDT-SUPERVISOR DANIEL OLSON-COUNCILMAN DR. CHARLES EISENHART-COUNCILMAN MRS . FRANCES WALTER-COUNCILMAN MR. HAMMOND ROBERTSON-COUNCILMAN JOSEPH BRENNAN- TOWN COUNSEL PRESS: G. F. POST STAR, WWSC , WBZA GUESTS: .J TOWN OFFICIALS: MR. ROBERTS , AND MEMBERS OF THE QSBY. PLANNING BOARD MR. LYNN , MR. SWAN , MRS . SHENK MEETING OPENED 7 : 30P. M. SALUTE TO THE FLAG LED BY COUNCILMAN WALTER PUBLIC HEARING-MOBILE HOME APPLICATION RICHARD E . BARDIN OF E . SUNNYSIDE ROAD. . . APPLYING FOR MOBILE HOME ON PROPERTY OWNED BY ERWIN BARDIN . . . '. FARM USE. . . NOTICE SHOWN. . . BUILDING INSPECTOR RECOMMENDED APPROVAL . . . MR. BARDIN WAS NOT PRESENT. . . SUPERVISOR BRANDT-OPENED THE MEETING REQUESTED THAT ANYONE INTERESTED IN THE MOBILE HOME APPLICATION TO SPEAK NOW . . .NO ONE SPOKE. . . COUNCILMAN ROBERTSON- THE RECORD SHOULD SHOW THAT THIS IS A EXISTING MOBILE HOME WHICH HAS BEEN LEGALLY PLACED ON A YEAR TO YEAR• PERMIT FOR FARM PURPOSES AND THIS APPLICATION CHANGES IT SO THAT THE OWNER DOES NOT HAVE TO APPLY EVERY YEAR FOR THE SAME USE. SUPERVISOR BRANDT-REQUESTED FURTHER INPUT, HEARING NONE THE PiUBLIC HEARING WAS CLOSED. 7 : 32 P. M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO . 266 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. HAMMOND ROBERTSON : RESOLVED, THAT THE MINUTES OF AUGUST 14 AND 24TH 1979 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART , MRS . WALTER , MR. ROBERTSON, MR. BRANDT NOES : NONE ABSENT : NONE RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME 5ESOLUTION NO. 267 , INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS. FRANCES WALTER : WHEREAS, RICHARD E. BARDIN , 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 LOCATE A MOBILE HOME AT PROPERTY SITUATED AT ERWIN BARDIN 'S FARM j EAST SUNNYSIDE ROAD, AND J WHEREAS , THIS TOWN BOARD HAS CONDUCTED A PUBLIC HEARING IN CONNECTION WITH SAID APPLICATION AND HAS HEARD ALL PERSONS DESIRING TO BE HEARD IN FAVOR OF OR AGAINST SAID APPLICATION , AND WHEREAS, IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICATION AND AT SAID PUBLIC HEARING ARE 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 RICHARD E . BARDIN TO LOCATE A MOBILE HOME 81 AT PROPERTY SITUATED AT ERWIN BARDIN 'S FARM, EAST SUNNYSIDE ROAD , 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, MRS. WALTER, MR. ROBERTSON , MR, BRANDT NOES : NONE ABSENT: NONE RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO. 268, INTRODUCED BY MR. MICHEI. BRANDT WHO MOVED FOR ITS - - ADOPTION, SECONDED BY MR. DANIEL OLSON : RESOLVED, THAT BINGO LICENSE NO. 16991 BE AND HEREBY IS APPROVED ALLOWING V.F .W . POST 6196 TO HOLD GAMES OF BINGO FROM SEPTEMBER 5 , 1979 THROUGH NOVEMBER 20 , 1979. DULY ADOPTED BY THE FOLLOWING VOTE : AYES: MR. OLSON , DR. EISENHART, MRS , WALTER, MR. ROBERTSON , MR. BRANDT NOES: NONE ABSENT: NONE RESOLUTION TO ATTEND CONFERENCE RFsniIITTnN Nn _ 269 _ INTRODUCED BY MRS . FRANCES WALTER WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. MICHEL BRANDT : RESOLVED , THAT MR. MICHAEL R. SWAN, QUEENSBURY ASSESSOR BE AUTHORIZED TO ATTEND THE NEW YORK STATE ASSESSORS ASSOCIATION CONVENTION AT GROSSINGERS, NEW YORK FROM SEPTEMBER 16 , 1979 THROUGH SEPTEMBER 19TH 1979 AND BE IT FURTHER RESOLVED, THAT THE TOWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE AND NECESSARY EXPENSES . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MRS . WALTER, MR. ROBERTSON , MR. BRANDT NOES : NONE ABSENT: NONE DISCUSSION HELD BEFORE VOTE : MR. SWAN STATED THAT THERE WILL BE A DAY ' S WORKSHOP ON 100% EVALUATION , THAT IS ONE OF THE REASONS I HAVE REQUESTED TO GO. . . RESOLUTION TO ADVERTISE FOR BIDS FOR A NEW VEHICLE R SOLLUU.T ON NO . 70, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. HAMMOND ROBERTSON : WHEREAS, MR. GEORGE LIAPES , BUILDING INSPECTOR FOR THE TOWN OF QUEENSBURY HAS RECOMMENDED THAT THE TOWN BOARD ADVERTISE FOR BIDS FOR THE PURCHASE OF ONE NEW VEHICLE, NOW, THEREFORE BE IT RESOLVED , THAT THE TOWN OF QUEENSBURY SOLICIT SEALED BIDS FOR A NEW VEHICLE AND THAT THE FOLLOWING NOTICE BE PUBLISHED ONCE IN THE OFFICIAL NEWSPAPER OF THE TOWN : NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY WILL RECEIVE SEALED PROPOSALS ON ONE NEW VEHICLE UP TO 2 : 00 P. M. ON TUESDAY SEPTEMBER 11 , 1979 AT THE TOWN CLERK 'S OFFICE IN THE QUEENSBURY TOWN OFFICE BUILDING, BAY AND HAVILAND ROADS , GLENS FALLS , NEW YORK, 12801 , AT WHICH TIME THE BIDS WILL BE OPENED BY THE TOWN CLERK-DIRECTOR OF PURCHASING. BIDS MUST BE SUBMITTED IN SEALED OPAQUE ENVELOPES AND PLAINLY MARKED ' ' VEHICLE BID' ' THAT THERE SHALL BE SUBMITTED WITH SUCH BID THE 82 CERTIFICATE OF NON—COLLUSION AS REQUIRED BY SECTION 103D OF THE GENERAL MUNICIPAL LAW , AND THE BIDDER MUST STATE THE DATE OF DELIVERY. THE TOWN BOARD WILL MEET AT THE QUEENSBURY TOWN OFFICE BUILDING , AT 7 : 30 P. M. ON THE 11TH DAY OF SEPTEMBER 1979 , AT WHICH TIME A DECISION MAY BE MADE ON THE BIDS. A COPY OF THE SPECIFICATIONS FOR THE NEW VEHICLE WILL BE AVAILABLE IN THE OFFICE OF THE TOWN CLERK DURING REGULAR BUSINESS HOURS AT THE TOWN OF QUEENSBURY OFFICE BUILDING. THE TOWN BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS . j DULY ADOPTED BY THE FOLLOWING VOTE : -- AYES : MR. OLSON , DR. EISENHART, MRS . WALTER , MR. ROBERTSON , MR. BRANDT NOES : NONE ABSENT : NONE RESOLUTION REQUESTING LOWER SPEED LIMIT RESOIIITTf1N Nn - 971 _ INTRODUCED BY MR . DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. MICHEL BRANDT : WHEREAS, A PETITION HAS BEEN RECEIVED FROM RESIDENTS OF LUZERNE ROAD REQUESTING A LOWER SPEED LIMIT, NOW , THEREFORE BE IT RESOLVED , THAT THE TOWN CLERK BE AUTHORIZED TO SEND THE PROPER FORMS TO THE WARREN COUNTY HIGHWAY SUPERINTEbt ENT AND FROM THERE TO THE DEPARTMENT OF TRANSPORTATION REQUESTING THE SPEED LIMIT ON THE ENTIRE LENGTH OF LUZERNE ROAD FROM THE GLENS FALLS TOWN LINE TO WEST MOUNTAIN ROAD BE LOWERED TO 45 M . P . H . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MRS . WALTER , MR. ROBERTSON , MR. BRANDT NOES : NONE ABSENT: NONE RESOLUTION REQUESTING LOWER SPEED LIMIT RESOLUTION NO. 272 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDE Y MRS . FRANCES WALTER : WHEREAS , A PETITION HAS BEEN RECEIVED FROM RESIDENTS OF JUNE DRIVE, SCHOOL HOUSE ROAD AND VISTA COURT , AND WHEREAS, CHIEF OF POLICE CHARLES .JUDKINS HAS MADE A TRAFFIC SURVEY OF THE PROPOSED AREA AND HAS RECOMMENDED A SPEED LIMIT OF 30 MPH IN THE AREA , NOW , THEREFORE BE IT RESOLVED, THAT THE TOWN CLERK BE AUTHORIZED TO SEND THE PROPER FORMS TO THE WARREN COUNTY HIGHWAY SUPERINTENDENT AND FROM THERE TO THE DEPARTMENT OF TRANSPORTATION REQUESTING THE SPEED LIMIT ON .TUNE DRIVE , SCHOOL HOUSE ROAD AND VISTA COURT , BE LOWERED TO 30 MILES PER HOUR. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MRS . WALTER, MR. ROBERTSON , MR. BRANDT NOES : NONE ABSENT: NONE RESOLUTION TO ATTEND CONFERENCE RESOLUTION NO _ P73, INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. HAMMOND ROBERTSON : RESOLVED, THAT N. W. BODENWEISER, QUEENSBURY FIRE MARSHAL FOR THE TOWN OF QUEENSBURY BE AUTHORIZED TO ATTEND THE ANNUAL NEW YORK STATE FIRE MARSHAL'S SEMINAR AT THE NEW YORK STATE FIRE ACADEMY AT MONTOUR I. r. FALLS , OCTOBER 17-19 1979 , AND BE IT FURTHER RESOLVED, THAT THE TOWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE AND NECESSARY EXPENSES. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MRS. WALTER, MR. ROBERTSON, MR. BRANDT NOES: NONE ABSENT: NONE MR. BODENWEISER- NOTED THAT HE HAS BEEN ASKED TO SPEAK AT THE SEMINAR. . . RESOLUTION TO TRANSFER FUNDS RESOIIITI Nfl �,/� INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. MICHEL BRANDT : WHEREAS, MONEY FOR POLICE UNIFORMS AND EQUIPMENT WAS LISTED IN THE 1979 BUDGET AS EQUIPMENT A3120. 200 , AND WHEREAS, THIS SHOULD PROPERLY BE REFLECTED IN POLICE CONTRACTUAL , A3120 . 440 , NOW , THEREFORE BE IT RESOLVED , TO TRANSFER $4 , 500. 00 FROM A3120. 200 , POLICE EQUIPMENT TO A3120. 440 , POLICE CONTRACTUAL. DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART, MRS. WALTER , MR. ROBERTSON , MR. BRANDT NOES : NONE ABSENT: NONE SUPERVISOR BRANDT- THERE WERE BIDS TAKEN FOR SCRAP METAL AT THE LANDFILL AND THE BID DOES EXPIRE AS OF TONIGHT, THE LANDFILL COMMITTEE HAS NOT MET BUT THERE WERE TWO BIDS AND A HIGH BIDDER IS JOHNSON' S AUTO CRUSHERS I WOULD SAY THAT WE SHOULD AWARD THE BID. RESOLUTION TO ACCEPT BID RESniuTTnN NO . 275; INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. FRANCES WALTER: WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY DID ADVERTISE FOR BIDS FOR THE SALE AND REMOVAL OF SCRAP METAL FROM THE QUEENSBURY-GLENS FALLS LANDFILL, AND WHEREAS, TWO BIDS WERE RECEIVED , NOW , THEREFORE BE IT RESOLVED , THAT THE TOWN BOARD HEREBY ACCEPTS THE HIGH BID OF JOHNSON 'S AUTO CRUSHERS INC. OF BALLARD RD. WILTON , N. Y. IN THE AMOUNT OF $4. 00 PER TON FOR THE SALE AND REMOVAL OF SCRAP METAL , FROM THE QUEENSBURY- GLENS FALLS LANDFILL. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MRS . WALTER MRS. ROBERTSON , MR. BRANDT NOES: NONE -- ABSENT : NONE DISCUSSION HELD WITH MR . RICHARD ROBERTS SUPERVISOR BRANDT-I WROTE A LETTER TO DICK ROBERTS TO ASK HIM TO APPEAR WITH US TONIGHT AND ANSWER CERTAIN QUESTIONS ABOUT THE MEETING THAT WAS HELD ON AUGUST 12 , 1979. . . .ASKED MR. ROBERTS TO COME FORTH. . . SUPERVISOR BRANDT- WHO CALLED THE MEETING AND FOR WHAT PURPOSE? MR. ROBERTS-I THINK THE MEETING HAPPENED , BUT I TAKE RESPONSIBILITY FOR IT, SINCE I AM CHAIRMAN. WE GOT TOGETHER THINKING THAT SINCE WE HAD MADE A STATEMENT AS A PLANNING BOARD AND GOTTEN SOME SUPPORT FOR IT , IN REGARD J -84 TO THE SEWER PROJECT, THAT WE REALLY WANTED TO GET TOGETHER TO DECIDE WHETHER OR NOT WE WANTED TO MAKE ANOTHER STATEMENT PRIOR TO THE VOTE OR WHETHER WE WANTED TO DROP IT OR WHAT WE WANTED TO DO, WE JUST GOT TOGETHER TO DISCUSS WHAT WE SHOULD DO. SUPERVISOR BRANDT— WHAT YOU ARE SAYING, BY GENERAL DISCUSSION THERE WAS A DESIRE TO CONDUCT SUCH A MEETING? MR. ROBERTS— YES, WE WERE JUST. . .DESIRED TO, I DO NOT KNOW IF YOU WOULD SAY CONDUCT A MEETING, WE GOT TOGETHER IN SOMBODIES LIVING ROOM SUNDAY NIGHT TO TRY TO DECIDE IN EFFECT WHERE WE WANTED TO GO FROM THERE. SUPERVISOR BRANDT— WHAT YOU ARE SAYING IT WAS AN INFORMAL MEETING? MR. ROBERTS— I THINK YOU WOULD HAVE TO CALL IT AN EXECUTIVE SESSION , WE HAD A QUORUM, WE HAD FOUR OF US THERE , WITH ONE PERSON SATING THAT -� BY TELEPHONE THEY WOULD GO ALONG WITH WHAT WE DECIDED. . . THATACOUPLE COULDN 'T MAKE IT. SUPERVISOR BRANDT— ACCORDING TO THE REGULATIONS OF THE OPEN MEETING LAW DID ANYONE NOTIFY THE MEDIA THAT SUCH A MEETING WAS GOING TO TAKE PLACE? MR. ROBERTS—NO IT SEEMED TO US AN EXECUTIVE SESSION . . .WE DID NOT KNOW AT THAT TIME WHAT WE WERE GOING TO TRANSACT, IF ANYTHING. . . MR. ROBERTSON— YOU DID INFACT TRANSACT BUSINESS? MR. ROBERTS— I AM NOT SURE WHETHER WE TRANSACTED MUCH TOWN BUSINESS . . . MR. ROBERTSON— YOU TRANSACTED PLANNING BOARD BUSINESS. . . MR. ROBERTS— I THINK WE SPOKE AS REPRESENTING THE PLANNING BOARD PROBABLY NOT NECESSARILY ABOUT TOWN BUSINESS . . . I AM NOT A STUDENT OF THE SUNSHINE LAW. . . SUPERVISOR BRANDT— YOU TOOK A POSITION , THAT WAS FILED IN A COURT AFFIDAVIT. . . MR. ROBERTS— THAT IS TRUE, THAT IS ONE OF THE RESULTS . . SUPERVISOR BRANDT— DID SOMEONE KEEP MINUTES OF THAT MEETING? MR. ROBERTS— YES ( READING OF THE MINUTES ) THE MINUTES OF THE EXECUTIVE SESSION OF THE QUEENSBURY PLANNING BOARD AUGUST 12 , 1979 MEMBERS PRESENT MR. ROBERTS, MR. DYBAS , MR. KREBS , MR . SORLIN ABSENT , HILDA MANN , MR. MONTESI , MR. THREW GENERAL DISCUSSION OF PRESENT STATUS OF SEWER REFERENDUM AND THE POTENTIAL OF PASSING IT. IT WAS FELT AS RESPONSIBLE PUBLIC SERVANTS IT WAS NECESSARY THAT WE MAKE THE VOTERS AWARE OF THE POSITION OF THE PLANNING BOARD. IT WAS DECIDED THAT A POSITION PAPER ON THE SEWER REFERENDUM SHOULD BE MADE BY THE PLANNING BOARD. MUCH DISCUSSION FOLLOWED ON HOW BEST TO PRESENT OUR POSITION , TECHNICAL VS GENERAL. IT WAS DECIDED THAT A GENERAL STATEMENT OF OUR OBJECT,NITO THE PLANNED SEWER BE SUBMITTED TO THE POST STAR. IT WAS DECIDED THAT DON KREBS AS DEPUTY SECRETARY WOULD WRITE THE POSITION PAPER. ROBERTS BROUGHT TO OUR ATTENTION THAT THE TRI COUNTY TAXPAYERS ASSOCIATION HAD REQUESTED OUR SUPPORT WITH AN AFFIDAVIT, STATING THAT WE FELT IT WAS IMPORTANT TO DELAY THE REFERENDUM. AS A GROUP THE ATTACHED AFFIDAVIT WAS CREATED. ROBERTS TO DELIVER NEXT DAY , MOVED BY SORLIN , SECONDED BY KREBS THE AFFIDAVIT REPRESENTS THE POSITION OF THE QUEENSBURY PLANNING BOARD PASSED UNANIMOUSLY . SUPERVISOR BRANDT— IT WAS DELIVERED WHERE? MR. ROBERTS— TO A CURRIER AT THE WARREN CO. OFFICE BUILDING AFTER HAVING IT NOTARIZED, SO THAT WE COULD GET IT INTO THE HANDS OF THE TAXPAYERS ASSOCIATION. MEETING CLOSED AT 2 : 00 A. M. AUGUST 13. a COUNCILMAN EISENHART—ARE YOU AWARE THAT YOU CANNOT TRANSACT BUSINESS IN AN EXECUTIVE SESSION? MR. ROBERTSON— THAT IS AN ILLEGAL ACT. DR. EISENHART— IT IS ILLEGAL FOR A BOARD TO TRANSACT , TO PASS A RESOLUTION IN AN EXECUTIVE SESSION YOU HAVE TO COME OUT OF EXECUTIVE SESSION AND THEN GET INTO OPEN MEETING. MR. ROBERTS— AS I HAVE SAID I AM NOT AS MUCH OF A STUDENT OF THE SUNSHINE LAW AS I SHOULD BE , WE DID NOT THINK THAT WE WERE TRANSACTING TOWN BUSINESS AS SUCH WE WERE PRESENTING A POSITION OF A GROUP OF PEOPLE WHO HAPPEN TO BE THE PLANNING BOARD. 85 MR. ROBERTSON- DO YOU NOT THINK THAT THE PLANNING BOARD IS TOWN BUSINESS , IF YOU ACT OFFICIALLY AS A BOARD? . . . SUPERVISOR BRANDT- THE AFFIDAVIT SAID THE MEETING WAS HELD AND THE MEETING WAS GOVERNED BY NEW YORK STATE LAW. MR. KREBS , I WOULD LIKE TO�A*�s THE TOWN BOARD IF THERE HAS EVER BEEN AN EXECUTIVE SESSION OR WHETHERABEEN ANY MEETINGS YOU HAVE HAD THAT HAVE NOT BEEN FORMAL MEETINGS THAT DECISIONS HAVE BEEN MADE EITHER TO SPEND MONIES OF THE TOWN OR ANY OTHER DECISIONS WITHOUT NOTICE? SUPERVISOR BRANDT- I AM NOT AWARE OF ANY. MR. ROBERTSON- SINCE THE PASSAGE OF THE SUNSHINE LAW I KNOW OF NONE. . . MRS. WALTER-THERE HAS BEEN ON OCCASION MEETINGS OF THE TOWN BOARD THAT HAVE NOT BEEN COMPLIED WITH THE 72 HR. NOTICE AND THEY HAVE BEEN DEEMED EMERGENCIES. . . SUPERVISOR BRANDT- BUT IN EVERY CASE THE MEDIA HAS BEEN NOTIFIED PRIOR TO THE MEETING AND INVITED TO THE MEETING , AND WAS TOLD THAT THEY WOULD NOT HAVE 72 HRS. BECAUSE OF CIRCUMSTANCES , AND THOSE WERE EXPLAINED, THERE IS PROVISIONS FOR THAT. MRS. WALTER- AS A BOARD MEMBER I WAS NOT AWARE THAT WE WERE MEETING WITH MR. ROBERTS THIS EVENING , I WOULD LIKE TO KNOW THE PURPOSE OF THE MEETING? MR. ROBERTS- I TAKE A LITTLE EXCEPTION TO GETTING THE NOTICE TO APPEAR HERE TONIGHT YESTERDAY MORNING AT 10 : 30 . . . YOU APPARENTLY MADE THE DECISION IN EXECUTIVE SESSION LAST TUESDAY IN ALL FAIRNESS IF WE WANT TO DO THIS AGAIN . . . MRS. WALTER- WE MADE NO DECISION AS TO WHEN WE WERE GOING TO MEET WITH HIM. SUPERVISOR BRANDT-WE MAILED TO YOU A LETTER , THE U.S. MAIL SERVICE DELIVERED IT TO THIS BUILDING TWICE , SO I ASKED SHIRLEY TO DELIVER IT TO YOU BY HAND. . . WE ARE SORRY THAT IT WAS SHORT NOTICE. COUNCILMAN ROBERTSON- DICK YOU HAVE THE SAME PROBLEM THAT ALL OF US HAVE ON THIS BOARD. YOU ARE A TOWN OFFICIAL AND AS AN INDIVIDUAL I FULLY UNDERSTAND THAT YOU AND EVERY OTHER PERSON HAS THE RIGHT TO SAY WHAT THEY THINK , UP TO THIS POINT I HAVE NEVER SAID ANYTHING ABOUT WHAT YOU OR ANY OTHER PLANNING BOARD MEMBER HAS EVER SAID. WHEN YOU ACT AS A BOARD THEN YOU ARE THEN TAKING ON AN OFFICIAL STATOS AND I HAVE TO BE CAREFUL WHEN I SAY SOMETHING BECAUSE I AM A TOWN MEMBER AND IT CAN BE CONSTRUED THAT I SPEAK FOR THE TOWN BOARD , I HAVE TO SAY THAT I SPEAK FOR MY SELF. THIS TOWN BOARD VOTES AS A MAJORITY AND WHAT EVER THAT MAJORITY IS IT WINS . WHETHER I AM ON THE WINNING OR THE LOSING SIDE. I BASICALLY FEEL THAT THE TOWN PLANNING BOARD OVERSTEPPED ITS BOUNDS BY FAR WHEN IT TOOK OFFICIAL ACTION AGAINST THE TOWN BOARD, AS AN OFFICIAL BODY. THAT IS MY PERSONAL FEELING , BUT I AM GOING TO SAY IT PUBLICALLY. AS INDIVIDUALS , EVERY ONE OF YOU HAD A RIGHT TO STAND UP AND SAY ANYTHING YOU CHOSE TO SAY ANYTHING THAT YOU COULD DEFEND AND YOU ARE THE CHAIRMAN OF THE PLANNING BOARD THE NEWSPAPER SAID THAT , I DO NOT MIND THAT , THAT IS JUST WHO YOU ARE. ANY OTHER PLANNING BOARD MEMBER I FEEL THE SAME WAY ON ANY SUBJECT , BUT WHEN YOU MEET AS AN OFFICIAL BOARD AND TRY TO OVER-RIDE THE MAJORITY VOTE OF THE TOWN BOARD I THINK YOU ARE IN DANGEROUS GROUND AND I DON 'T THINK YOU REALLY REPRESENT THE TOWN BOARD ANYMORE, BASICALLY THAT IS WHAT YOU DO , THAT IS WHY I ASKED YOU THE QUESTION EARLIER. THE AUTHORITY FOR ZONING AND PLANNING IS GIVEN IF YOU READ THE TOWN LAW TO THE TOWN BOARD. IT SAYS WE MAY DELEGATE SUCH OF THAT AUTHORITY TO THE PLANNING BOARD BUT THE AUTHORITY TO CHANGE THE AUTHORITY TO DO IS RESTED IN THE TOWN BOARD, WHICH IS ELECTED BY THE PUBLIC NOT WITH THE PLANNING BOARD WHICH IS APPOINTED BY US. . . I FEEL THAT YOU OVER STEPPED YOUR BOUNDS. SUPERVISOR BRANDT- I AM CONCERNED THAT A MEETING WAS HELD IN VIOLATION OF THE OPEN MEETINGS LAW . BUSINESS WAS CONDUCTED IN EXECUTIVE SESSION AND THEN AN AFFIDAVIT APPEARS IN COURT SAYING THAT A MEETING WAS HELD AND A VOTE WAS TAKEN AND THAT IT WAS A UNANIMOUS VOTE , IT SEEMS TO ME THAT IS A MISREPRESENTATION. FIRST OF ALL IT WAS AN ILLEGAL MEETING THEREFORE IT WAS NOT A MEETING , SECONDLY IT WAS NOT A UNANIMOUS , IT WAS UNANIMOUS OF THE PEOPLE THAT WERE THERE BUT NOT ALL OF THE BOARD WAS THERE. . . . . I THINK THAT WHEN YOU ARE APPEARING BEFORE A COURT OF LAW IT IS EXTREMELY IMPORTANT THAT EVERYTHING BE IN PROPER ORDER THAT THERE BE NO MISREPRESENTATION OR NO LANGUAGE WHICH COULD BE CONSTRUDED OR MISREPRESENTED. IF THAT SAID HOW MANY MEMBERS WERE THERE , HOW MANY VOTED 96 HOW MANY WERE ABSENT THAT WOULD BE BETTER. I THINK ALSO IT IS A PROBLEM TO HAVE A MEETING IN VIOLATION OF THE OPEN MEETINGS LAW, I DO NOT LIKE TO SEE THAT. -LTR. DEPARTMENT OF AUDIT AND CONTROL- RE : PROPOSED QUEENSBURY SEWER DIST. NO. 1 ACKNOWLEDGE RECEIPT OF THE APPLICATION. . .ON FILE LTR. QSBY. ASSESSMENT DEPT. - RE : TRAINING SERVICE ON FILE . . . I P R O C L A M A T I O N WHEREAS, THE UNITED CEREBRAL PALSY ASSOCIATION OF THE TRI- COUNTIES , INC. HAS BEEN SERVING HANDICAPPED CHILDREN AND ADULTS WITHIN WARREN , WASHINGTON, AND SARATOGA COUNTIES SINCE 1950 AND, ....f WHEREAS, THEY HAVE NOW COMMITTED THEMSELVES TO THE CONSTRUCTION AND OPERATION OF A NEW FACILITY, THE CENTER FOR THE DEVELOPMENTALLY DISABLED, TO BE FORMALLY OPENED IN SEPTEMBER, 1979 AND , WHEREAS, THE EFFORTS AND DEDICATION OF THIS ORGANIZATION ARE RECOGNIZED BY THE QUEENSBURY TOWN BOARD, NOW , THEREFORE I , MICHEL R. BRANDT, DO HEREBY PROCLAIM THE MONTH OF SEPTEMBER, 1979 TO BE RECOGNIZED AND PROCLAIMED AS UNITED CEREBRAL PALSY ASSOCIATION OF THE TRI-COUNTIES , INC. MONTH IN THE TOWN OF QUEENSBURY. SUPERVISOR -BID OPENING RESULTS- WATER DEPT. PICKUP TRUCK. . . ONE BID RECEIVED ROUTE 9 MOTOR SERVICE DATSUN 720 WITH TRADE IN $5 , 350 . 00 COUNCILMAN ROBERTSON- NOTED THAT MR. FLAHERTY HAD CONTACTED THE DEALERS IN THE AREA. . . COMMENTS THAT THEY MADE WERE THAT THEY COULD NOT QUOTE DELIVERY AT THIS TIME AND THEY COULD NOT GIVE HIM A FIRM PRICE AT THIS TIME AND DECLINED TO BID. . . COUNCILMAN EISENHART- I DO NOT LIKE TO AWARD A 6 , 000 . 00 DOLLAR BID ON A SINGLE BID. . . REQUESTED THAT THE ITEM BE READVERTISED. . . COUNCILMAN OLSON- NOTED THAT THERE ARE NO STATE CONTRACT VEHICLES LEFT. . . RESOLUTION TO READVERTISE FOR BIDS FOR A NEW COMPACT 1/2 TON PICKUP TRUCK RESOLUTION NO 276? INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. HAMMOND ROBERTSON : WHEREAS, ON AUGUST 28TH AS DULY PUBLISHED BIDS WERE RECEIVED AND READ REGARDING A NEW COMPACT 1/2 TON PICKUP TRUCK AND WHEREAS, ONLY ONE BID WAS RECEIVED , THE TOWN BOARD OF THE TOWN OF QUEENSBURY WISHES TO READVERTISE FOR A NEW COMPACT 1/2 TON PICKUP TRUCK FOR THE WATER DEPT. , NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY SOLICIT SEALED BIDS FOR THE PURCHASE OF A NEW COMPACT 1/2 TON PICKUP TRUCK AND THAT THE FOLLOWING NOTICE BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE TOWN IN THE FOLLOWING FORM : i NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY WILL RECEIVE SEALED PROPOSALS ON ONE NEW COMPACT 1/2 TON PICKUP TRUCK UP TO 2 : 00 P. M. ON TUESDAY SEPTEMBER 25TH 1979 AT THE TOWN CLERK 'S OFFICE IN THE QUEENSBURY TOWN OFFICE BUILDING , BAY AND HAVILAND ROADS , GLENS FALLS , NEW YORK 12801 , AT WHICH TIME THE BIDS WILL BE OPENED AND READ ALOUD BY THE TOWN CLERK-DIRECTOR OF PURCHASING. BIDS MUST BE SUBMITTED IN SEALED OPAQUE ENVELOPES AND PLAINLY MARKED ' ' 1/2 TON PICKUP ' ' AND THERE SHALL BE SUBMITTED WITH SUCH BID THE CERTIFICATE OF NON-COLLUSION AS REQUIRED BY SECTION 103D OF THE GENERAL MUNICIPAL LAW , AND THE BIDDER MUST STATE THE DATE OF DELIVERY. THE TOWN BOARD WILL MEET AT THE QUEENSBURY TOWN OFFICE BUILDING AT 7 : 30 P. M. ON THE 25TH DAY OF SEPTEMBER 1979 AT WHICH TIME A DECISION MAY BE MADE ON THE BIDS. nn v (i A COPY OF THE SPECIFICATIONS FOR THE PIECE OF EQUIPMENT MENTIONED WILL BE AVAILABLE IN THE OFFICE OF THE TOWN CLERK DURING REGULAR BUSINESS HOURS, AT THE TOWN OFFICE BUILDING. i THE TOWN BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS . DULY ADOPTED BY THE FOLLOWING VOTE: AYES: MR. OLSON , DR. EISENHART, MRS . WALTER, MR. ROBERTSON , MR. BRANDT NOES : NONE ABSENT : NONE COUNCILMAN OLSON- SPOKE TO THE TOWN BOARD IN REGARD TO TREEHOUSE LANE. . . NOTING THAT MR. GARB HAS SPOKEN TO HIM ABOUT THE PROPOSED ACCEPTANCE OF THE ROAD. . . IT HAS A TURNAROUND FOR VEHICLES. . . . . . RESOLUTION TO UNTABLE RESOLUTION NO . 246 of 1979 MDACCEPT DEED FOR HIGHWAY RESnlUTTnN Nn , X77. INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, RESOLUTION N0. 246 OF 1979 WAS TABLED ON AUGUST 14 , 1979 AND WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY WISHES TO ACCEPT THE DEED FOR A NEW HIGHWAY, AND WHEREAS, ROBERT E . RUGGLES AND NORMAN C. BENACK HAVE EXECUTED AND OFFERED A DEED FOR A TOWN ROADWAY NOT LESS THAN FIFTY ( 50 ) FEET IN WIDTH, WHICH IS DESCRIBED IN SCHEDULE ' 'All ATTACHED HERETO AND MADE A PART HEREOF, AND WHEREAS, CARL A. GARB, SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF QUEENSBURY , HAS ADVISED THAT HE RECOMMENDS THAT THIS BOARD ACCEPT THIS LAND FOR HIGHWAY PURPOSES INTO THE TOWN HIGHWAY SYSTEM , AND WHEREAS, THOMAS K. FLAHERTY, WATER SUPERINTENDENT OF THE TOWN OF QUEENSBURY , HAS ADVISED THAT THE PROPOSED ROADWAY IS NOT SITUATE WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE QUEENSBURY WATER DISTRICT, AND WHEREAS, THE FORM OF THE DEED HAS BEEN APPROVED BY ..JOSEPH R. BRANNAN , ESQ. , COUNSEL TO THE BOARD , NOW , THEREFORE BE IT RESOLVED, THAT THE AFOREMENTLONED DEED BE AND THE SAME IS HEREBY ACCEPTED AND APPROVED AND THAT THE TOWN CLERK BE HEREBY AUTHORIZED AND DIRECTED TO CAUSE SAID DEED TO BE RECORDED IN THE WARREN COUNTY CLERK 'S OFFICE AFTER WHICH SAID DEED SHALL BE PROMPTLY FILED IN THE OFFICE OF THE TOWN CLERK -OF THE TOWN OF QUEENSBURY , AND BE IT FURTHER RESOLVED, THAT THIS NEW ROAD BE HEREBY ADDED TO THE OFFICIAL INVENTORY OF TOWN HIGHWAYS , DESCRIBED AS FOLLOWS : ROAD NO . 372 DESCRIPTION : BEG. AT PEGGY ANN ROAD NORTH TO DEAD END ROADWAY INTERSECTING WITH PEGGY ANN ROAD AND PROCEEDING APPROXIMATELY . 06 HUNDREDTHS OF A MILE IN A GENERALLY NORTHERLY DIRECTION NAME : TREEHOUSE LANE MILEAGE . 06 MILES. �- DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MRS. WALTER, MR. ROBERTSON , MR. BRANDT NOES : NONE ABSENT: NONE A DISCUSSION WAS HELD IN REGARD TO PLACING A STREET LIGHT ON AN INTER- SECTION OF TWO TOWN ROADS . . .SUPERVISOR BRANDT-IT HAS TO BE PLACED AT THE INTERSECTION OF A TOWN .AND COUNTY ROADS . . . A DISCUSSION WAS HELD IN REGARD TO INSULATING THE TOWN OFFICE BUILDING AND THE WATER TREATMENT PLANT. . .SUPERVISOR RECOMMENDED 12 ' ' INSULATION WITH 2 ' ' ON THE PIPES AND HEATING DUCTS . . . COUNCILMAN ROBERTSON NOTED THAT HE WILL WORK OUT THE SPECIFICATIONS. . . �8 RESOLUTIAON TO ADVERTISE FOR BIDS FOR THE PURCHASE .OF INSUEATTON. .AND INSTALL TION RESO UTTnN Nn _ �7a , INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. FRANCES WALTER : WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY HAS DISCUSSED THE NEED FOR INSULATION AT THE TOWN OFFICE BUILDING AND THE WATER TREATMENT PLANT , NOW , THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD nF THE TmAIN OF QUEENSBURY SOLICIT SEALED BIDS FOR THE P'U'P 'H,ASE O INll� (H OR THE O . ABOVE MENTIONED PROJECT AND THAT THE FOLLOWING NOTICE UE r%)BLISHED IN THE OFFICIAL NEWSPAPER OF THE TOWN IN THE FOLLOWING FORM: j NOTICE TO BIDDERS -- NOTICE IS HEREBY GIVEN THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY WIL..L RECEIVED SEALED PROPOSALS ON THE.I PURCNASEL_.OI'-"iNSV,L`:A'T'ION^'A'N.R'-'IN::-* SITACL'ATION OR TO'�Q :00 P .MY ©m. TUESDAY 'SEPTEMBER 25TH 1979 AT THE TOWN CLERK' S OFFICE IN THE QUEENSBURY TOWN OFFICE BUILDING, BAY AND HAVILAND ROADS , GLENS FALLS , NEW YORK , 12801 , AT WHICH TIME THE BIDS WILL BE OPENED AND READ ALOUD BY THE TOWN CLERK—DIRECTOR OF PURCHASING . BIDS MUST BE SUBMITTED IN '3SEALED OPAQUE ENVELOPES AND PLAINLY MARKED ' ' INSULATION BID' ' AND THERE SHALL BE SUBMITTED WITH SUCH BID THE CERTIFICATE OF NON—COLLUSION AS REQUIRED BY SECTION 103D OF THE GENERAL MUNICIPAL LAW , AND THE BIDDER MUST STATE THE DATE OF DELIVERY. THE TOWN BOARD WILL MEET AT THE QUEENSBURY TOWN OFFICE BUILDING AT 7 : 30 P. M. ON THE 25TH DAY OF SEPTEMBER AT WHICH TIME A DECISION MAY BE MADE ON THE BIDS . A COPY OF THE SPECIFICATIONS FOR THE ABOVE MENTIONED PROJECT WILL BE AVAILABLE IN THE OFFICE OF THE TOWN CLERK DURING REGULAR BUSINESS HOURS AT THE TOWN OFFICE BUILDING. THE TOWN BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS . DULY ADOPTED BY THE FOLLOWING VOTE : AYES: MR. OLSON , DR. EISENHART, MRS . WALTER, MR. ROBERTSON , MR. BRANDT NOES: NONE ABSENT: NONE OPEN FORUM 8 : 08 P. M. MIKE SWAN- SPOKE TO THE TOWN BOARD IN REGARD TO THE PROJECT ON LAKE GEORGE. . . HAVE FOUND SOME PROPERTIES THAT WERE NOT ON THE ROLLS. . . IN REGARD TO CONSTRUCTION. . . RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO . 279 . INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. MICHEL BRANDT : RESOLVED , THAT AUDIT OF BILLS AS LISTED ON ABSTRACT NO . 79-8C AND NUMBERED 1288 THROUGH 1298 AND TOTALING $8 , 291 . 15 BE AND HEREBY IS APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART , MRS . WALTER, MR. ROBERTSON, MR. BRANDT NOES : NONE ..� ABSENT: NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY , DONALD A. CHASE TOWN CLERK -