1988 TOWN OF SAND LAKE ORGANIZATIONAL MEETING …FECD5B14... · 2019-09-24 · 1988 TOWN OF SAND LAKE ORGANIZATIONAL MEETING JANUARY 6, 1988 The organizational meeting of the Town

1988

TOWN OF SAND LAKE ORGANIZATIONAL MEETING

JANUARY 6, 1988

The organizational meeting of the Town Board of the Town of Sand Lake was called to order by

Supervisor Carpenter at 7:30 P.M. in the Town Hail, Sand Lake, N.Y. After the Pledge of Allegiance, the

following answered roll call:

Supervisor Carpenter-Present

Councilperson Tallman-Present

Deputy Clerk Mardon-Present

Councilperson Delaney-Present

Councilperson Heller-Present

Councilperson Phillippi-Present

Others present were: Frank Breselor, Bernie Mardon, Joe Warren, Robert Martin,Frank Fleming,

Charlotte Foster,Frank Allen, the Sewells, the Coles, Russ Bennett,Joanne Brown, Marty Senecal, Brian

Weiss, Tim Waren, Cole Westcott, Angelo Patti, Tom Delaney, Kevin and Carol O'Brien,

Joan Gross,Kay and Don Bradley, Paul Richards, and others.

BUSINESS: Supervisor Carpenter moved and Councilperson Delaney seconded the following:

RESOLVED,that the time and place for the regular Sand Lake Town Board meeting shall be the second

Wednesday of each month at Town Hall on Route 43, Sand Lake, New York at 7:30 P.M. The following

votes were cast on roll call:

Delaney-Yes Hewler-Yes Phillippi-Yes Tallman-Yes Carpenter-Yes

Councilperson Delaney moved and Councilperson Phillippi seconded the following: RESOLVED,that Key

Bank, First American and Norstar are designated as official banks. The following votes were cast on roll

call:

Delaney-Yes Seller-Yes Phillippi-Yes Tallman-Yes Carpenter-Yes

Supervisor Carpenter moved and Councilperson Phillippi seconded the following: RESOLVED, that the

Times Record Newspaper shall be the official town newspaper. The following votes were cast on roll call:


Councilperson Delaney moved and Supervisor Carpenter seconded the following: RESOLVED, that the

mileage allowance for Town officials using their own vehicles on Town business shall be $0.20 (20c) per

mile. The following votes were taken on roll call:


Councilman Tallman moved and Supervisor Carpenter seconded the

following: RESOLVED, that Joyce Teal is appointed Registrar of Vital Statistics. The following votes were

taken on roll call:


Councilperson Tallman moved and Councilperson Heller seconded the following: RESOLVED, that Art

Mardon is appointed Deputy Registrar of Vital Statistics. The following votes were taken on roll call:


Supervisor Carpenter moved and Councilperson Delaney 2nded the following: RESOLVED, that Franklin

Breselor is appointed Town Attorney. The following votes were taken on roll call:

Delaney yes Seller-Abstain Phillippi-Yes Tallman-No-no resume submitted, Carpenter-Yes

Supervisor Carpenter moved and Councilperson Phillippi seconded t2e following: RESOLVED, that

Charles Wilcox is appointed Sewer District Attorney. The following votes were taken on roll call:

Delaney-Yes Heller-Abstain Phillippi-Yes Tallman-Abstain Car- center- Yes

Councilperson Delaney moved and Councilperson Heller seconded the following: RESOLVED,

that WGY, WGNJA, and WPTR are designated as official radio stations. The following votes were cast on

roll call:

Delaney-Yes Ueller-Yes Phillippi-Yes Tallman-Yes Carpenter-Yes

Supervisor Carpenter moved and Councilperson Delaney seconded the following: RESOLVED,

that Brian Weiss is appointed Superintendent of Highways. The following votes were cast on roll call:

Delaney-Yes Heller-Yes Phillippi-Yes Talirnan-Yes Carpenter-Yes

Councilperson Phillippi moved and Councilperson seconded the following: RESOLVED, that Paul

Richards is appointed Building and Fire Code Inspector. The following votes were cast on roll call:

Delaney-YesHeller-Yes Phillippi- Yes Tallman- Yes Carpenter- Yes

Councilperson Tallman moved and Councilperson Heller seconded the following: RESOLVED,

that Paul Richards is appointed Sewer District Inspector. The following votes were cast on roll call:

Delaney- Yes Heller- Yes Phillippi- Yes Tallman- Yes Carpenter- Yes

Councilman Tallman moved and Councilperson Heller seconded the following: RESOLVED, that

Joyce Teal is appointed Public Information Officer and Freedom of Information Officer. The following


Delaney- No Heller- Yes Phillippi- Abstain Tallman-Yes Carpenter-Yes


that Charlotte Foster is appointed Sewer District Billing Clerk. The following votes were cast on roll call:

Delaney-Yes Belier-Abstain Phillippi- Yes Tallman-Yes Carpenter- Yes


that Charlotte Foster is appointed Sewer District Administrative Clerk. The following votes were cast on

roll call:

Delaney yes Belier- Abstain Phillippi- Yes Tallman-Yes Carpenter-Yes

Supervisor Carpenter moved and Councilman Tallman seconded the following: RESOLVED, that

Mark Fitzgerald is appointed Sewer District Financial Officer. The following votes were cast on roll call:

Delaney- Yes Heller- Yes Phillippi- Yes Tailman- Yes Carpenter- Yes


Kevin O'Brien is appointed Chairman of the Planning Board. The following votes were taken on roll call:



that Alice Tifft is appointed Chairperson of the Zoning Board of Appeals. The following votes were cast

on roll call:



that Paul Weiss is appointed Town Engineer. The following votes were cast on roll call:


Councilperson Delaney moved and Supervisor Carpenter seconded the following: RESOLVED,

that Constance Burkhart is appointed Youth Director. A resume of her qualifications was read into the

record and two letters of endorsement were entered. The following votes were cast on roll call:


Supervisor Carpenter moved and Councilperson Heller seconded the following: RESOLVED, that

William Hogan is appointed Dog Control Officer and is the designated official to assess dog damage. The

following votes were cast on roll call:


Supervisor Carpenter moved and Councilman Tallman seconded the following: RESOLVED,

thatDonald Hemming is appointed Custodian of Town Hall. The following votes were cast on roll call:

Delaney- Yes Belier- Yes Phillippi- Yes Tallman- Yes Carpenter- Yes

Councilman Tallman moved and Councilperson Belier seconded the following: RESOLVED, that

Barbara Lipschultz is appointed Administrartive Assistant, BUD Program. The following votes were cast

on roll call:



that Joanne Brown is appointed Clerk to the Assessor. The following votes were cast on roil call:

Delaney- Yes Belier- Yes Phillippi- Yes Tallman- No Carpenter- Yes


that Joanne Cole is appointed Clerk of the Planning Board. Councilman Tallman suggested that this was

illegal since Town Law allows the Board the power to appoint its own clerk. The following votes were

cast on roll call:

Delaney- Yes Heller- Abstain Phillippi- Yes Tallman- No, it is illegal Carpenter- Yes

After a ruling by the Town Attorney-Supervisor Carpenter moved and Councilperson Delaney seconded

the following: RESOLVED, that the motion to appoint Joanne Cole is hereby rescinded. The following


Delaney-Yes Heller- Yes Phillippi- Yes Tallman- Yes Carpenter- Yes


that George Briegle is appointed Deputy Supervisor. The following votes were taken on roll call:

Delaney- Yes Heller- Abstain Phillippi- Yes Tallman- Abstain Carpenter- Yes

Supervisor Carpenter moved and Councilperson seconded the following: RESOLVED, that Joanne

Brown is appointed Court Clerk. The following votes were cast on roll call:



Robert Martin is appointed Zoning Officer. The following voLes were cast on roll call:


SUPERVISOR' S APPOINTMENTS

Mark Fitzgerald- Budget Officer

Charlotte Foster- Secretary to the Supervisor

TOWN CLERK'S APPOINTMENT

Art Mardon- Deputy Town Clerk

Supervisor Carpenter assigned the following Town Board Committees for 1988-1989:

Supervisor Carpenter-Highway Department, Landfill, Sewer District and Finance and Grants

Councilperson Delaney-Youth Recreation and Beach ( Butler Park)

Councilperson Phillippi-Senior Citizens and Animal Control

Councilman Tallman-Cable TV and Insurance

Councilperson Heller- Lighting and Library

Supervisor Carpenter moved and Councilperson Phillippi seconded Town of Sand Lake

Resolution # 1, dated January 6th, 1988; a Resolution to repeal a Resolution passed by the previous

Town Board on December 9th and 23rd, 1987. ( copy attached ).

Discussion on the motion followed. Catherine Bradley presented a letter to the Town Board

outlining all the steps and procedures the Bradleys have gone through in regard to this parcel of land.

Letter attached to these minutes).

Councilperson Phillippi suggested that a 2nd reappraisal of the parcel should be made before

the Town considers final action.

Assessor Westcott stated that the land is not buildable and it had not been reappraised since

1980.

Councilman Taliman stated that a resolution is a contract and that the new Town Board should

honor it as such.

Councilperson Delaney stated that the Town Board made a commitment in good faith and she

felt the property could be returned to the Town tax rolls under a " forever green " stipulation.

The Supervisor called for a vote on Resolution # 1. The following votes were cast on the motion

to rescind the sale:

Delaney- No Heller- No Phillippi- Yes Tallman- No Carpenter- Yes

There being no further business, the meeting was adjourned at 8:48 P.M.

Respectfully submitted,

Arthur L. Mardon, Jr.

Deputy Town Clerk

TOWN OF SAND LAKE BOARD MEETING

JANUARY 13, 1988

The regular monthly meeting of the Town Board of the Town of Sand Lake was called to order by

Supervisor Carpenter at 7:30 p.m. at the Town Hall, Sand Lake, New York. After the Pledge of Allegiance,

the following answered roll call:

Supervisor Carpenter - Present

Councilperson Philipi - Present

Town Clerk Teal - Present

Councilperson Heiler - Present

Councilperson Delaney - Present

Councilperson Tallman - Present

Attorney Breselor - Present

Others present were: Jack O'Brien, Kevin O'Brien, Art & Bernie Mardon, Russell Bennett, Christine

Kronau, Frank Fleming, Martha Senecal, Brian Weiss, Paul Richards, Frank Allen, Robert Martin, Pat

Lane, Fred Kainer, Charlotte Foster, Joann Cole, Justin Schultz, Angelo & Sue Patti, Mr. & Mrs. Greg

Horine, Linda Reynolds, Dave Reynolds, Joe Warren, Mike Rohloff and others.

The minutes of the January 6th, 1988 meeting was approved on a motion made by Councilman Delaney,

seconded by Councilman Philippi. All were in favor. Councilman Tallman asked if all salaries were as

budgeted? Supervisor Carpenter answered, Yes.

Town Clerk's report was read and accepted by the Board.

Supervisor Carpenter reported that the Receiver of Taxes has collected approximately $330,000 of the

1988 Tax Levy, which is about 47% of the total levy; Sent a letter to NYS DOT regarding the dangerous

situation which exists at the intersection of State Rte. 66 & 43 where they intersect with County Rte. 42.

General Fund Warrant #13 in the amount of $15,824.43 and General Fund Warrant #1 in the amount of

$248,416.52 was approved on a motion made by Councilman Tallman, seconded by Councilman

Delaney. All were in favor.

Highway Fund Warrant #13 in the amount of $21,755.26 and Highway Fund Warrant #1 in the amount

of $2,022.47 was approved on a motion made by Councilman Tallman, seconded by Supervisor

Carpenter. All were in favor.

Zoning Board of Appeals report was given by Frank Allen.

Building & Sewer Department report was given by Paul Richards.

Planning Board report was given by Kevin O'Brien.

Highway Department report was given by Brian Weiss.

Catherine Bradley, Planning Board Secretary, brought in the Carsama application and in her opinion,

they are incomplete. Supervisor Carpenter stated that until they are complete, the Board would be

unable to act on them.

Received a proposal from NYSEG regarding proposed street lighting on Middle Court and Wildwood

Heights. Supervisor Carpenter turned this proposal over to Councilman Belier.

Received a letter from a concerned citizen regarding junk cars on a neighbors property. This was

forwarded to Robert Martin, Zoning Officer.

Madolyn Carpenter, Town Historian, 1987 report was read by Supervisor Carpenter.

Committee reports Supervisor Carpenter reported that we have received a proposal from Kestner

Engineers, P.C. for completing an application for mined land use permit; Received proposal from Kestner

Engineers, P.C. for Phase I on topographical mapping for the landfill closure plan.

Councilman Delaney reported that the Youth Commission program will continue as planned. There will

be roller skating on January 15 and January 29 at the Sand Lake School.

Councilman Beller reported that the Library Board of Trustees have held their Organizational Meeting -

Officers for 1988 are: Chairperson - Meg Distell, Vice-Chairperson - Stu Lipschultz, Secretary - Barbara

Martinage, Treasurer - Sharon Bonk. Charles Graber is the chairperson of the Library Planning

Committee. The Library is advertising for a cleaning person and a Childrens Specialist; The annual report

will be forwarded to this Board in February; Councilman Heller read a letter that was sent to Cora

Hoffay, Pres. of Senior Citizens, and forwarded the Seniors record files to Councilman Philippi, the new

Senior Representative.

Councilman Philippi thanked Betty for all her support with the Seniors. She reported that the Seniors are

extremely interested in going ahead with plans for a 24 unit housing project. A not for profit board has

been organized and Betty will be serving on it. The Seniors will be needing a minimum of 2½ acres for

this project.

Councilman Tallman reported that the Cable TV Co. is in the process of a 1/2 mile extension on Best

Road; Received a request for an extension heading south on Rte. 66 & 43 past Creek Lane. The Cable Co.

has been contacted and will be surveying that area; Nothing on Insurance as of yet.

Business: Supervisor Carpenter moved and Councilman Tailman seconed the following:

RESOLVED that Madolyn Carpenter be appointed Town Historian and be it further

RESOLVED that Elinor Zaki be appointed Deputy Town Historian. The following votes were cast

on roll call: Delaney - Yes, Philippi - Yes, Heller - Yes, Tallman - Yes, Carpenter - Yes.

Councilman Delaney moved and Councilman Philippi seconded the following:

WHEREAS Carolyn Nash has served the Town of Sand Lake as its Youth Director since 1979, and

WHEREAS Mrs. Nash has served with outstanding dedication and generosity, and

WHEREAS under the direction of Mrs. Nash, the youth program has not only continued

successfully, but also expanded to a year round program, and

WHEREAS there is hardly a child or a family in the Town who has not been benefitted by the

numerous youth activities arranged under her direction, such as; the Summer Program, Roller Skating

parties, Skiing trips, Dances, Field trips, Cultural activities, and the swim program, expanded under her

direction to a full summer program, and

WHEREAS the entire Nash family is to be commended for their,and particularly Mrs. Nash's,

service to the youth of the community, and

WHEREAS Mrs. Nash has retired as Youth Director, now therefore be it

RESOLVED that the Town Board of the Town of Sand Lake, on behalf of the people of the

community, and especially the children of the community, hereby officially expresses the gratitude and

appreciation of all of us for eight years of dedicated, innovative and valuable service. The following

votes were cast on roll call: Delaney - Yes, Philippi - Yes, Belier - Yes, Tallman - Yes, Carpenter - Yes.

On a motion made by Supervisor Carpenter, seconded by Councilman Tallman, Supervisor Carpenter

was named the Delegate to the Association of Towns Annual Meeting and that Town Clerk Teal be

named Alternate Delegate.

All were in favor.

The meeting was then opened to those present.

Kevin O'Brien stated that he thought according to the Town's Zoning, a 24 unit project would

have to be constructed on a minimum 5 acre parcel. It would fall under Planned Development.

Fred Kainer, representing Viet Nam Veterans, asked if a memorial could be erected at the Town

Park for the Veterans. Supervisor Carpenter told him that the Board would look into the possibility of it.

Greg Horine asked if Bonded Concrete had applied for a new mining application. He was told,

no. Greg also asked if the Town was planning to do anything on reclaimation of the gravel banks in town.

Supervisor Carpenter told him that before any mining permits are approved, they have to file a

reclaimation plan.

Jack O'Brien suggested that the back field at the Town Park could be dedicated to the Viet Nam

Veterans. He also stated that he had hoped that the appointment of Youth Director would not become

political, but apparently it was. Also a correction should be made - Carolyn Nash did not retire, she was

replaced.

Pat Lane asked if it was possible to have County Rte. 45 lined. She said that she feels that it is a

very dangerous situation. Supervisor Carpenter said that since it was a county road, the Town of Sand

Lake did not have any jurisdiction on that road, but that he would be glad to contact the County and

voice her concern.

Justin Schultz asked if it would be possible to have hay bales or some kind of stabilization done

to Second Dyke Road where the new con- stuction is. He said that he realizes that the highway dept. is

very busy, but he feared that in the spring there would be a disaster there. Superintendent of Highways,

Brian Weiss, said that he would take care of it.

Greg Horine asked when were the roads going to be cleaned up from the October storm.

Supervisor Carpenter told him that the town roads had been cleaned up and that he thought that the

highway dept. had done a fine job. The County and State are responsible for their roads. He said that he

would contact them and express our concern.

No one else wished to be heard.

A motion was made by Councilman Tailman, seconded by Councilman Delaney, to adjourn the meeting

at 8:35 P.M. All were in favor.


Joyce A. Teal

Town Clerk

Sand Lake, NY


FEBRUARY 10, 1988


Supervisor Carpenter at 7:30 P.M. at the Town Hall, Sand Lake, New York. After the Pledge of Allegiance,



Councilman Heller - Present


Councilman Philippi - Present

Councilman Delaney - Present

Councilman Tallman - Present


Others present were: Connie Burkhart, Joanne Brown, Joann Cole, Joseph Warren, Martha Senecal, Art

& Bernie Mardon, Frank Fleming, Russell Bennett, Barbara Lipschultz, Timothy Schramm, Kenneth

Martin, Paul Weiss, Justin Schultz, Frank Allen, Robert Martin, Brian Weiss, Charles & Hazel Wagner, Jack

O'Brien, Christine Kronau and others.

The minutes of the January 13th, 1988 meeting was approved on a motion made by Councilman

Tallman, seconded by Councilman Delaney. All were in favor.


Supervisor Carpenter reported on correspondence received: Joseph W. Kelly, Regional Traffic Engineer-

NYSDOT, regarding the placement of a traffic light at the intersection of Routes 43 & 66 and Taborton

Road (County Rt. 42). Kelly indicated that a light would be installed during the 1989 construction season,

although, the Regional Director indicated that a light may be installed in 1988.

Received a response from Rens. County Highway that as soon as the weather permits, County

Route 45 will be lined.

Read the Receiver of Taxes monthly report.

Supervisor Carpenter stated that he does not have a financial report for the Board due to the

resignation of Mark Fitzgerald, Budget Officer. However, Mark indicated that he would complete the

1987 Financial Statement to the Comptroller's Office. Supervisor Carpenter said that we have a serious

financial situation in town. He will be requesting a special board meeting with all department heads in

attendance.

General Fund Warrant #2 in the amount of $50,377.10 was approved on a motion made by Councilman


Highway Fund Warrant #2 in the amount of $8,443.88 was approved on a motion made by Councilman

Tallman, seconded by Councilman Heller. All were in favor.

Committee reports: Youth Commission report was given by Connie Burkhart, Youth Director; Zoning

Officers report was given by Robert Martin; High-way report was given by Brian Weiss, Superintendent

of Highways.

Councilman Delaney had no report this month.

Councilman Heller gave each Board Member a copy of the Library Annual report; Gave each Board

Member a copy of a letter and petition regarding the streetlight request on Middle Court and Wildwood

Heights area. Betty requested that the Board visit the area sometime between now and next months

meeting so that a decision can be made.

Councilman Philippi reported that she has drafted a letter of submittal to the State for reimbursement

of funds for the Seniors; Has attended meetings for the Sand Lake Senior Housing Committee.

Councilman Tallman reported that we have received a bill for $35,000 for the towns 1988 insurance. He

will be meeting with Joe Distell, our insurance agent, this friday to go over the existing coverage; Cable

TV the two extensions are still pending, Best Road area and Route 43 & 66 Creek Lane to Crooked Lake.

Building Inspector's report was given by Robert Martin, Zoning Officer.

BUSINESS: Supervisor Carpenter moved and Councilman Delaney seconded the following:

RESOLVED that the procedural rules for Sand Lake Town Board meetings, heretofore adopted,

are hereby readopted for 1988. A copy of these rules is attached and made a pert of this resolution, and

be it further

RESOLVED that the order of voting on all matters considered by this Board shall be in

alphabetical order of the last names of the members present, provided however, that the Supervisor

shall vote last. The following votes were cast on roll call: Delaney - Yes, Heller - Yes, Philippi - Yes,

Tallman - Yes, Carpenter - Yes.

Supervisor Carpenter moved and Councilman Delaney seconded the following:

RESOLVED that Joanne Cole is hereby appointed Billing Clerk for Sand Lake Sanitary Sewer

District #1, replacing Charlotte Foster. The following votes were cast on roll call: Delaney - Yes, Heller -

Abstain, Philippi - Yes, Tallman - Yes, Carpenter - Yes.


RESOLVED that the following Town Officers and employees are hereby authorized to attend the

Annual Meeting of the New York State Association of Towns for 1988, and shall be reimbursed for their

actual and necessary expenses in connection with their attendance, up to $400.00 for each officer or

employee: Joyce Teal, Town Clerk; Robert Carpenter, Supervisor; Elizabeth Ueller, Councilman; Chris

Kronau, Receiver of Taxes; Robert Martin, Zoning Officer; Joanne Brown, Justice Court Clerk; Coulman

West- cott, Assessor. The following votes were cast on roll call: Delaney Yes, Heller - Yes, Philippi - Yes,


Supervisor Carpenter moved and Councilman Delaney seconded the following;

RESOLVED that Sewer District Attorney, Charles Wilcox, is hereby designated deputy Town

Attorney, and Town Attorney, Franklin Breselor is hereby designated deputy Sewer District Attorney.

The following votes were cast on roll call: Delaney - Yes, Heller - Yes, Philippi - Yes, Tallman - Yes,

Carpenter - Yes.

Supervisor Carpenter moved and Councilman Philippi seconded the following; WHEREAS the Zoning

Officer has called to our attention inconsistant or unclear provisions of the Town Zoning Ordinance, and

WHEREAS the Zoning Officer has recommended amendments to clarify these provisions, and to prohibit

the operation of private landfills, and WHEREAS the present ordinances of the Town presently prohibit

the disposal on private property of material generated elsewhere, without a permit, now therefore be it

RESOLVED that the Zoning Ordinance should be amended as follows:

Article III, section 4; add a sentence to read, "No person shall deposit, or permit another ot deposit, any

material of any kind or character for disposal on any property in the Town of Sand Lake, other than

property owned by or operated for the Town of Sand Lake for such purpose."

Article IX, section 34; amend the sentence beginning "Each week a violation continues . . ." to read "Each

day a violation continues shall constitute a separate additional violation."

Article XII, section 51; amend the first paragraph to read, "A violation of this ordinance is an offense

punishable by a fine of not less than one Hundred dollars nor more than three hundred dollars or a term

of imprisonment not greater than six months, or both such fine and term of imprisonment. In the case

of a violation which constitutes the continuatior ef a violation after the first day or part thereof on which

it occurs, the fine shall be no less than twenty-five dollars nor more than one hundree dollars.", and be it

further

RESOLVED that the Clerk is directed to post and publish notice of a hearing to consider the

adoption of these amendments, as required by the Town Law. The following votes were cast on roll call:,

Delaney Yes, Belier - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes.


WHEREAS Michael and Pamela Irish have requested that property located the corner of Burden

Lake Road and First Dike Road be re-zoned from C-l to RR-2, now therefore be it

RESOLVED that this application be referred to the Planning Board for review and a

recommendation as to whether the Zoning Ordinance should be amended as requested, and be it

further

RESOLVED that the Town Board is hereby designated lead agency for purposes of Environmental

Impact Review. The following votes were cast on roll call: Delaney - Yes, Heller - Yes, Philippi - Yes,


Supervisor Carpenter moved and Councilman Philippi seconded the following:

WHEREAS the Town Landfill Supervisor has provided a comprehensive review of landfill fees and

practices in Sand Lake and neighboring Towns and

WHEREAS on the basis of this review, Mr. Ormsby has recommended to

this Board at workshop session that Sand Lake Local Law regulating landfill fees and practices be revised,

and

WHEREAS a copy of this review, and the recommended amendments is attached and made a

part of this resolution, now therefore be it

RESOLVED that the Town Attorney is hereby directed to prepare amendments to the Landfill

Local Law for consideration at the next meeting of this Board. The following votes were cast on roll call:

Delaney - Yes, Heller - Yes, Philippi - Yes, Taliman - Yes, Carpenter - Yes.


WHEREAS five officials have pointed out that there is a need for a local law or ordinance

prohibiting parking at or near fire hydrants in the Town, now therefore be it

RESOLVED that the Town of Sand Lake Parking Ordinance, Parking Re- strictions section should

be amended by adding a new paragraph as follows: "9) There shall be no parking within 25 feet of any

fire hydrant." and the Clerk shall post and publish notice of a hearing to consider adoption of this

amendment. The following votes were cast on roll call:

Delaney - Yes, Heller - Yes, Philippi - Yes, Tallman - Yes, Carpenter Yes.


WHEREAS fire officials have further advised that there are several roads on which parking should

be prohibited or permitted on orne side only in order to allow emergency vehicles to pass, now

therefore be it

RESOLVED that the Supervisor shall contact the chiefs of the fire companies and prepare a list of

recommended parking limitations for consideration at the nexr meeting of this Board. The following

votes were cast on roll call: Delaney - Yes, Belier - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes.

Supervisor Carpenter moved and Councilman Tallman seconded the following:

WHEREAS Reverend John A. Mealey has been a resident of the Town of Sand Lake for over 12

years; and

WHEREAS Father Mealey has served not only St. Henry's Parish, but, has extended his efforts

beyond those boundaries encompassing many residents of the Town of Sand Lake; and

WHEREAS Father Mealey's participation includes such community activities as Sand Lake Clergy

Association, Boy Scouts and Girl Scouts of America, Four Doors Down, the Town's 175th Anniversary

Celebration, and the Committee to establish housing for senior citizens; and

WHEREAS Father Mealey has now been called to share his ministry with St. Teresa of Avila's

Parish in Albany, now therefore be it

RESOLVED that this Town expresses its appreciation to Father Mealey for his involvement and

dedication to our community and wishes him well in his new endeavors. The following votes were cast

on roll call:

Delaney - Yes, Belier - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes.

The meeting was then opened to those present. Jack O'Brien asked if it would be possible to place the

`Questions and/or Comments' before the Business Agenda thereby allowing residents to comment on

agenda items before any action is taken on them. Supervisor Carpenter told him that he had no problem

with it. Councilman Tallman said that it had been a past practice.

Rosemary Nichols, Attorney representing Mr. & Mrs. Charles Wagner, said that she had thought

that they were on the agenda under the re-zoning recuest. Supervisor Carpenter apologized for the

misunderstanding, but that it appeared that the Wagner's application was incomplete. There was no

check attached. Ms Nichols was told that the request will be placed on the special board meeting

agenda.

Frank Allen gave the Zoning Board of Appeals report.

Councilman Tallman asked if we were supposed to act on the request for cycle team trials from the

Empire State Games.

A motion was made by Supervisor Carpenter, seconded by Councilman Tall- man to allow the Empire

State Games Adirondack Region Cycling Team Trials to take place upon receipt of a liability insurance

certificate. All were in favor.

Town of Sand Lake I&esidential Improvement Program report was given by Timothy Schramm, Program

Manager.

Justin Schultz questioned the article which appeared in the newspaper concerning HUD monies.

Supervisor Carpenter told him that he has been advised by HUD that the town has not met the

thresholds and that indicated that this town could not administer grant funds.

There were no other comments or questions.

A motion was made by Councilman Tallman, seconded by Councilman Delaney to adjourn the meeting



Joyce A. Teal

Town Clerk

TOWN OF SAND LAKE SPECIAL BOARD MEETING

FEBRUARY 24, 1988

The special Board meeting of the Town Board of the Town of Sand Lake was called to order by










Others present were: Marty Ormsby, Harold & Chris Roder, Meg Distell, John Mc Loughlin, Coul &

Daphne Westcott, Madolyn Carpenter, Angelo Patti, Justin Schultz, Martha Senecal, Christine Kronau,

Art & Bernie Mardon, Stuart & Barbara Lipschultz, Russell Bennett, Frank Fleming, Linda Reynolds, Jack

O'Brien, Brian Weiss, Joseph Baum, Paul Richards, Timothy Schramm, Frank Allen, Alice Tifft, Joanne

Brown, Conrad Lang, Richard Rusin, Charlotte Foster, Joanne Cole, Morton Shulman, Robert Martin,

Joseph Flanagan, George Breigle, Robert Middleton, Peggy Roder, Sidney Gallant, Joan Gross, Catherine

Bradley, Joseph Warren, Zane Bedian, Tom Delaney, Jack Dahl, Charles & Hazel Wagner, James Smyth,

Don Savage and others.

A motion was made by Supervisor Carpenter, seconded by Councilman Delaney, to accept the unlisted

action regarding the Michael Irish rezoning request, and to declare a Negative Declaration and to turn

the matter over to the Planning Board for further processing. All were in favor.

Supervisor Carpenter made an opening statement concerning the financial condition of the Town:

"Statutes have been violated, financial records from prior years are missing; the Town Board is faced

with a shortage of $175,000 or more; the Bookkeeper has been uncooperative and has since re-signed;

the records are in a shambles; the audit of fiscal year 1986 has been slowed as a result of poor

recordkeeping; the auditors must start from scratch and reconstruct because of unreliable figures;

asking all Department Heads to provide statement of account, all cash receipts and disbursements,

records; asked each Department Head to review their 1988 Budget and see where cuts can be made;

there was a "raid" on the Sewer District Fund - at least $37,500 was illegally transferred to the Town's

General Fund; to pay back the Sewer District with property taxes would require a tax increase of 30% or

more; requesting an approval of a $2,000 expenditure to have a qualified professional reconstruct the

records; will need to hire an accounting firm to perform a professional audit; the Highway Fund shows a

deficit of $67,000; General Fund shows a deficit of $70,000; the October 4th snow storm is not

responsible for this deficit; FEMA has not paid the federal emergency monies because the application

was never submitted - fortunately, Brian Keiss has kept good records; substantial increase in

hospitalization because in the last year and a half, this town has paid $22,000 on people who don't work

here: Tom Fasoldt worked for BUD, Ken Martin has been on for 2 years at a cost of $10,750, Mark

Fitzgerald, and Lori Shelgren who left on 7/24/87; $55,000 of 1987 bills were left to be paid in 1988; the

storm aid was put into the 1988 Budget as incoming revenue against the highway, but was also used in

the 1987 Budget in an attempt, after the end of the year and after the Budget Officer resigned, to

reduce a $101,000 highway deficit down to $20,000; an unexplained $35,000 deficiency in the Sewer

District balance."

Surervisor Carpenter stated that when the auditors come in and do a complete audit, we will have a

much better handle on it. There are areas that we may be able to cut some spending. It will probably

cost upwards of ,000 by the time that we are done for audits.

Business: Supervisor Carpenter moved and Councilman Tallman seconded the following:

WHEREAS the Supervisor has reported that the Budget Officer has resigned, retroactive to

January 1, 1987, and

WHEREAS the Supervisor has further reported that he has been advised the records for 1987 do

not provide sufficient information on which to base the day to day spending and bookkeeping

requirements of the Town, and

WHEREAS the first step specified by the Supervisor to bring expenditures under conLrol is to

develop an accurate summary of existing records, and a system of books and proceedures to monitor

and control Town finances, now therefore be it

RESOLVED that $2,000 is hereby transferred to the audit account (A1320.4) for the purpose of

the Supervisor hiring an accountant/or bookkeeper to complete the summaries of 1987 financial

reports, and set up a system of accounts and proceedures for Town finances. Transfers shall be from

Town Board contractual expense (A10l0.4), $1,600; Supervisor contractual expense (A1220.4), $400; and

Clerk contractual expense (A1410.4), $200. The following votes were cast on roll call:

Delaney - Yes, Heller - Yes, Phiiippi - Yes, Tallman - Yes, Carpenter Yes.

A motion was made by Supervisor Carpenter, seconded by Councilman Delaney, to accept an application

to rezone property owned by Charles and Hazel Wagner and to defer assignment of Lead Agency at a

later

date (March 9, 1987). All were in favor.

A motion was made by Supervisor Carpenter, seconded by Councilman

Delaney, to adjourn the meeting at 8:50 P.M. All were in favor.

Respectfully suvmitted,

Joyce A. Teal

Town Clerk


MARCH 9, 1988











Others present were: Carolee Coffey, Joseph Warren, Barbara Lipschultz, Joan Gross, Charlotte Foster,

Art & Bernie Mardon, Rosemary Nichols, Chris Kronau, Charles & Hazel Wagner, Justin Schultz, Marshall

Benson, Donald Benson, Chris Roder, John & Pat Mc Loughlin, Rocco Fish, Mary Hilt, Angelo & Sue Patti,

David Wedge, William Bentley, Daniel Holser, Edward Weber, Paul Richards, Frank Allen, Robert Martin,

John LaRose, George Burns, Mr. & Mrs. Joseph Winicki and others.

The minutes of the February 10th and February 24th meetings were approved on a motion made by

Councilman Delaney, seconded by Councilman Belier. All were in favor.

Town Clerk's report was read and approved on a motion made by Supervisor Carpenter, seconded by

Councilman Delaney. All were in favor.

Supervisor Carpenter gave a copy of the Receipts and Disbursements for the months of January &

February 1988; Read the Receiver of Taxes report for the period of 1/29/88 to 2/29/88; Received

reports from individuals (Zoning Officer, Court Clerk, Assessor) who attended the Asso. of Towns Annual

Meeting in NYC. In addition, Building Inspector who attended school in Niagara Falls; Reported that S &

H Business Machines (Steve Senrick) has donated a copier to the town for the use of the St. Police; Have

received numerous phone calls concerned with what condition the town is in - financial mess didn't

happen over night, can't fix overnight. Auditors will be in the Town Hall next Wednesday; Has an

individual who is interested in the position of Budget Officer; Needs vouchers and venders used from

Building Dept., Town Clerk and the Landfill; Kestner Engineers will assist us with the required EPA

closeout package which was due back in August; Awaiting one form concerning FEMA, as soon as

received will complete the application and send it in; Purchase Order System will go into effect

immediately - tomorrow letters will go to all Dept. Heads, including the Clerk's Office, no purchases will

be made by anyone in excess of $50.00 without submitting a purchase order request to the Supervisor's

Office which must be signed by him. Venders will be notified immediately of this procedure. On

purchases up to $200, we will require two (2) quotes, purchases in excess of $200, will require three (3)

quotes. Anything over $5,000 will go out for bid; Would like to establish a deadline for submission of

vouchers, which would be at least two (2) days prior to the Board meeting. This would give the Board

members sufficient time to scrutinize the expenditures before signing; One Proposal for the 1987 single

audit has been received from Koshgarian & Scott, Inc., we will be looking for two (2) more; Regarding

possible cutbacks, not too many have responded to that. There will be a letter going out tomorrow,

wants a response from every department as to where they can cut back in their budget for 1988.

Corrinittee reports: Councilman Delaney reported on the upcoming Youth Commission activities; Girl

Scout Brownie Troop #606, led by Carol O'Brien, would like to donate a tree to Butler Park enabling

them to earn a service patch.

Councilman Heller reported that there were two (2) resolutions on the agenda regarding the Street

Lighting; Read a letter from Meg Distell regarding volunteer workers at the Library.

Councilman Philippi reported a problem with the expenses submitted to the NYS Office of Aging for the

1987 reimbursement monies. Instead of the $2,000, we will be receiving $1,973.92; Reported on the

upcoming events for the Seniors; Could not attend Sand Lake Housing Development Committee Meeting

Saturday.

Councilman Tallman reported: Cable TV, we have three (3) requests for cable extensions are on hold;

Insurance, gave each member of the Board a cost sheet for 1988. The Town Insurance will be going out

for bid sometime this fall.

Zoning Officers report was given by Robert Marting.


Building Inspector's report was given by Paul Richards.

The Public Hearing concerning the proposed amendments to the Parking Ordinance was opened at 8:20

P.M. Clerk Teal read the legal notice as it appeared in the Times Record Newspaper.

Edward Weber asked if the 25 ft. no parking was in all directions. Supervisor Carpenter told him,

that the way it is stated, he believed so.

Angelo Patti stated that three (3) of the fire hydrants are located in parking lots - Town Beach,

Miller's Liquor and Harry O'Donnell's - which would cut down quite a bit of the available parking space.

Robert Martin wanted to know who would be enforcing the law? Supervisor Carpenter told him

that the St. Police would.


The Public Hearing on the Parking Ordinance was closed at 8:25 P.M.

The Public Hearing concerning the proposed amendments to the Zoning Ordinance was opened at 8:26


Sophie Winicki said that there are two (2) people on Chamberlin Road who are operating a

landfill. Have permits been given? Attorney Breselor answered, "As far as he knew, there have been no

permits issued.

Mrs. Winicki also wanted to know if a certain person had been issued permits to put extra

buildings on their property. She was told to check with Paul Richards, Building Inspector. She also stated

that junk cars are accumulating again. Super- visor Carpenter suggested that she talk to Robert Martin,

Zoning Officer.

Justin Schultz asked would a person be prohibited from bringing in clean fill to assist in

landscaping their property? Supervisor Carpenter told him that he did not believe that was the intent of

the law.

Joseph Winicki asked if Chamberlin Road Ext. has been finished. If so. he would like the concrete

posts removed from his property and the town to replace his survey markers. Supervisor Carpenter told

him that he would check with the Highway Superintendent, because he could not answer that question.

Would get back to him within five (5) days.

Robert Martin asked who would be responsible for issuing permits? He was told, there are no

permits to be issued.


The Public Hearing on the Zoning Ordinance was closed at 8:35 PM.

The meeting was then opened to those in attendance. No one wished to be heard.

Business: Supervisor Carpenter moved and Councilman Delaney seconded the following:

WHEREAS at its last meeting this board accepted an application to rezone property owned by

Charles and Marie Wagner, but deferred to this meeting a determination as to whether or not we would

take Lead Agency responsibilities under the State Environment- al quality review act, now therefore be it

RESOLVED that this Board recommends that the Planning Board undertake Lead Agency

responsibility and the application is referred to the Planning Board for review and recommendation.

The following votes were cast on roll call: Delaney - Yes, Heller - Yes, Philippi - Yes, Tailman - Yes,

Carpenter - Yes.

Councilman Heller moved and Councilman Tallman seconded the following:

WHEREAS residents have requested street lighting a streets known as Wildwood Heights and

Middle Court, and the chair of the Lighting Committee has investigated the possibility and cost of such

lighting and

WHEREAS the chair of the lighting committee has further investigated the possibility of

improving lighting on Route 150 by replacing mercury vapor lamps with sodium vapor lamps, and

WHEREAS the Committee's recommendation based on this investigation is the acceptance of

two lighting proposals from NYSEG dated February 16, copies of which are attached and made a part

hereof, now therefore be it

RESOLVED that the said lighting proposals are hereby accepted, and the Supervisor is authorized

and directed to contract for such lighting on behalf of the Town of Sand Lake and its Consolidated

Lighting District.

After due discussion, this resolution was amended as follows:

A motion was made by Supervisor Carpenter, seconded by Councilman Delaney to amend the resolution

to become two separate resolutions as was intended. All were in favor.

RESOLVED that the said lighting proposal with respect to replacing lights on Route 150 is hereby

accepted, and the Supervisor is authorized and directed to contract for such lighting on behalf of the

Town of Sand Lake and its Consolidated Lighting District. The following votes were cast on roll call:

Delaney - Yes, Heller - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes, and be it further

RESOLVED that the said lighting proposal with respect to installing lights on Wildwood Heights

and Middle Court is hereby accepted, and the Supervisor is authorized and directed to contract for such

lighting on behalf of the Town of Sand Lake and its ConsoLidated Lighting District. A motion was made

by Councilman Philippi, seconded by Councilman Delaney to table this resolution until we get a report

from the Auditors as to where we stand financially. Delaney, Philippi and Carpenter in favor. Taliman

and Heller, Nay.

Supervisor Carpenter moved and Councilman Tallman seconded the following:

WHEREAS amendments to the Zoning Ordinance have been recommended by the Zoning

Officer, in relation to fines and private landfills and

WHERAS proposed amendments have been considered at a public hearing held this evening; a

copy of the notice of hearing with proof of publication is attached and made a part hereof; Now

therefore be it

RESOLVED that the Town of Sand Lake Zoning Ordinance is hereby amended as follows:

Article X, section 43, subsection E; after the first unnumbered paragraph, insert a paragraph to read

"No person shall deposit or permit another to deposit any material of any kind or character for

disposal on property owned or controlled by such person in the Town of Sand Lake, other than property

operated by or for the Town of Sand Lake as a sanitary landfill. Provided that this paragraph shall not

prohibit the deposit on property which is part of a farm material which is farm waste generated on and

by such farm, nor shall it prohibit depositing on any property non-putrescible waste which is generated

on such property, if such waste is promptly covered and controlled so as not to constitute and unsightly

condition or threat to other property or natural resources."

Article IX, section 34; amend the sentence beginning

"Each week a violation continues . . . " to read "Each day a violation continues shall constitute a

separate additional violation."

Article XII, section 51; amend the first paragraph to read,

"A violation of this ordinance is an offense punishable by a fine of not less than one Hundred

Dollars nor more than Three Hundred Dollars or a term of imprisonment not greater than six months,

or both such fine and term of imprisonment. In the case of a violation which constitutes the

continuation of a violation after the first day or part thereof on which it occurs, the fine shall be no less

than Twentyfive Dollars nor more than One Hundred Dollars." and be it further

RESOLVED that this Board states its intention in enacting this ordinance that by prohibiting the

deposit of material "for disposal" it does not prohibit the deposit of material for fill, provided that such

material is sanitary and stable.

The following votes were cast on roll call: Delaney - Yes, Heller - Yes, Philippi - Yes, Tallman - Yes,

Carpenter - Yes.


WHEREAS amendments to the Parking Ordinance have been suggested by fire fighting

authorities and

WHEREAS proposed amendments have been considered at a public hearing held this evening; a

copy of the notice of hearing with proof of publication is attached and made a part hereof. Now

therefore be it

RESOLVED that the Parking Ordinance adopted December 9, 1987 is hereby amended as follows:

Article 9, "There shall be no parking within 25 feet of any fire hydrant."

Supervisor Carpenter made a motion, seconded by Councilman Delaney, to table this resolution until the

next meeting and direct the Clerk to publish notice of hearing. Delaney, Heller, Philippi and Carpenter in

favor; Tallman opposed.

Supervisor Carpenter moved and Councilman Philippi seconded the following:

WHEREAS we are required to have a permit from the State DEC for excavtion at the Town gravel

pit, and

WHEREAS the Supervisor has requested extimates from qualified engineers for obtaining the

required permits, and recommends that we retain George Marshall, P.E.

for this work. Now therefore be it

RESOLVED that the Supervisor is authorized and directed to contract with George Marshall, P.E.

to apply to DEC for the permits required for continued operation of the Town gravel mining works.

The following votes were cast on roll call: Delaney - Yes, Belier - Yes, Philippi - Yes, Taliman - Yes,

Carpenter - Yes.

Councilman Heller requested that in the future, would it be possible when the Supervisor receives

correspondence that concerns something that we are to vote on, that the Board receives copies ahead

of time. Supervisor Carpenter answered, Yes.


WHEREAS we have received proposed amendments to the Local Law regulating the Town

Landfill, and this Board would like to consider adoption of these amendments. Now therefore be it

RESOLVED that a public hearing to consider the said amendments shall be held on Apri]. 13th,

1988 at 7:30 P.M., and the Clerk shall post and publish public notice of this hearing.

The following votes were cast on roll call: Delaney - Yes, Belier - Yes, Philippi - Yes, Tailman - Yes,

Carpenter - Yes.

Supervisor Carpenter informed the Board that he has received a rezoning application from Everett A.

Holser, presented by his `Power of Attorney', Daniel J. Holser. The application at this point was

incomplete, there was no fee attached. This will be turned over to the Planning Board for review.

Supervisor Carpenter made a motion, seconded by Councilman Delaney, to engage the firm of

Koshgarian & Scott, Inc. to proceed with the reconstruction of the 1987 accounts not to exceed the

budget of $2,000. Delaney, Philippi and Carpenter in favor. No response from Belier and Taliman.

Supervisor Carpenter made a motion, seconded by Councilman Delaney, that the Supervisor be directed

to sign the engagement letter with Kochgarian & Scott, Inc. for the 1986 single audit which is presently

being conducted. Councilman Philippi made a motion, seconded by Supervisor Carpenter, to amend the

motion by adding: if there was a resolution to engage them by the 1987 Town Board. Delaney, Philippi

and Carpenter in favor. No response from Heller and Taliman.


Taliman, seconded by Councilman Delaney. Delaney, Philippi, Taliman and Carpenter in favor. Belier, no

response.


Tailman, seconded by Councilman Delaney. Delaney, Philippi, Tallman and Carpenter in favor. Heller, no

response.

Councilman Delaney made a motion, seconded by Supervisor Carpenter, that the Girl Scout Brownie

Troop 606, led by Carol O'Brien, be given permission to earn a service patch, by planting a flowering tree

in an appropriate location in Butler Park. All were in favor.

The meeting was then opened to those in attendance; Pat Mc Loughlin asked which departments have

accepted budget cuts and which ones have not. Supervisor Carpenter told her, the Justice Clerk,

Assessor are the only ones that he has had discussion with other than the Library, which is still being

discussed.

Councilman Heller said that the Library Board of Trustees had questioned her about the

legalities of their money - they had requested by letter to have their money turned over to them so they

could manage their own accounts. She was told that whenever we establish what their final budget will

be.

Justin Schultz stated that the Wagners are in violation with Town Law - how can the Town

entertain their request for rezoning? He said that there are two trailers on their property that are

unsafe. Supervisor Carpenter told him that we do not have the right to refuse an application, concerning

the unsafe trailers, contact the Zoning Of fercer.

George Burns thanked Councilman Philippi for looking out for the taxpayers money. He also

asked if the deficit could be made up with department cutbacks. Supervisor Carpenter told him that he

didn't think so. Mr. Burns then asked what it would take to have a public referendum on the tax rate?

Attorney Breselor said he would check it for him. Mr. Burns then asked where the Town proposed to get

the million dollars to close the landfill? Supervisor Carpenter told him, probably like every other town

serious conversation at the state level on how to help the municipalities.

John LaRose asked were there anyother lands available for a new landfill? Supervisor Carpenter

told him, right now, No.

George Burns asked if everyone on the Town Board was given a 5% increase in the 1988 Town

Budget. He was told, Yes.


On a motion made by Supervisor Carpenter, seconded by Councilman Philippi, the Board meeting was

adjourned at 9:55 P.M. to go into Executive Session to discuss a personal contract which the Town has

with Town property, also to discuss a matter of personal vouchers from certain Town Employees. All

were in favor.

Executive Session was opened at 10:05 P.M. It was decided in Executive Session to pay Robert Martin's

cost overrun on Asso. of Towns Annual Meeting in the amount of $77.55, and not to pay the Assessors

submittal for repairs to his personal car exhaust system because he receives mileage monthly.

A motion was made by Councilman Taliman, seconded by Supervisor Carpenter to adjourn the meeting



Joyce A. Teal

Town Clerk


APRIL 13, 1988


Supervisor Carpenter at 7:30 P.M. at the Town Hail, Sand Lake, New York. After the Pledge of Allegiance,



Councilman Heiler - Present




Councilman Tailman - Present


Others present were: Russell Bennett, Frank Fleming, Michael Rohloff, Justin Schultz, Mary Hilt, Joan

Gross, Tom Coffey, Craig robert, Stacy Teidman, Marilynne Whittam, Joe Warren, Kevin O'Brien, Don

Clifford, Paul & Rosemary Mancino, Robert & Marion Martin, James Bonesteel, George Carpinello, Mark

Cioffi, Jeanne Stinson, Al Detmar, David Wedge, Ron Sinico, Bill Bentley, Brian Weiss, Angelo Patti, Mary

Aylward, Walter Monahan, John & Terry Tokryman, Steve Wicks, Barbara Middleton, Richard Abbatiello,

Linda Ormsby, Joe Distell, Rick Dobush, Brian Hunt, Art & Bernie Mardon, Larry Rosen, Jack O'Brien,

David Hanson, Cheryl Mugno, Mary Beth Pettit, Walter Stone, Laurie Smith, Olga Wojtowicz, Bob

Bentley, Bill Beck, Mary Sherwood, Gregg Flick, Susan Burke, Mary Jane Koskey, Eve Rebassoo, Pat

Coffey, Brian Caverly, Nancy Timber, Sue Peck, Tom Kirkwood, John Burke, Mr. Malloy and others.

The Public Hearing regarding the proposed amendments to Local Law #1 of 1985 was opened at 7:30


Attorney Breselor gave a brief discription of the proposed fee schedule and the related changes

to the Local Law.

Craig Dobert asked what the charge would be for tires. He was told, 25 for car tires, 75 for truck

tires.

Larry Rosen asked about the fee for the commercial haulers and if an estimate has been made

on the closure costs, and if we have given any thought to re-cycling? He was told the charges for

commercial haulers; No, there has been no estimate on closure costs. We have completed Phase I and

now are waiting for Phase II; No, we have not done anything on re-cycling.

Russell Bennett stated that the fees should be made compatible between compacted and non-

compacted refuse for the commercial haulers.

Larry Rosen stated that there is no difference between compacted and non-compacted refuse,

that take up the same space.

Craig Dobert asked when the new fees would become effective? He was told, when the

amendments are adopted and the Local Law is filed with the State.

Jack O'Brien asked how this affect the residents who have already purchased the 1988 landfill

permits? He was told it would have no affect.


A motion was made by Councilman Philippi, seconded by Supervisor Carpenter, to close the public

hearing at 7:50 P.M. All were in favor.

The scheduled public hearing on the proposed amendments to the Parking Ordinance was tabled until

next month because the Town Board had not had the necessary input from the Fire Companies.

Committee reports: Supervisor Carpenter read a typed report updating the 1987 deficit. This report

becomes a permanent part of these minutes; There will be a Board workshop meeting a week from

tonight - April 20, 1988.

Planning Board report was given by Kevin O'Brien.

The meeting was then opened to those in attendance. No one wished to be heard.

Business: Supervisor Carpenter moved and Councilman Delaney seconded the following resolution:

WHEREAS the Town of Sand Lake has purchased a sand and gravel pit abutting Springer Road

and,

WHEREAS this purchase was financed by the issuance of a bond anticipation note duly issued

November 12, 1986 in the amount of $135,000 and

WHEREAS the Town Board authorized the issuance of a Bond Anticipation Note in the amount of

$108,000 by resolution adopted at a special meeting held November 20, l87, 4hich note was for the

purpose of renewing to that extent the note issued November 12, 1986, and

WHEREAS, although funds have been advanced by the lender on the said renewal note, bhe

renewal note was not properly executed on delivery, now therefore be it,

RESOLVED that the Supervisor and attorney are hereby authorized and directed to execute on

behalf of the Town of Sand Lake all documents necessary and appropriate to comolete the bond

anticipation note renewal authorized November 20 1987.

The following votes were cast on roll call: Delaney - Yes, Heller - Yes, Philippi - Yes, Tallrnan -. Yes,

Carpenter - Yes.

Councilman Delaney moved and Supervisor Carpenter seconded the following resolution:

WHEREAS the Town of Sand Lake Youth Commission provides valuable advice and assistance to

the Town, and

WHEREAS this Board, on behalf of the people of the town appreciates the efforts and dedication

of these able people who donate their services, now therefore be it RESOLVED that the following people

are hereby appointed or reappointed to serve

on the Sand Lake Youth Commission, at the pleasure of the board;

MIKE ROHLOFF, T.C. GLASSER, PAT DAHL, FRAN RUCKDECHEL, CAROLEE COFFEY, JOYCE EBERLE,

DOMINICK BATES , PAT BASHFORD, HELEANA BROWE.

The following votes were cast on roll call: Delaney - Yes, Belier - Yes, Philippi - Yes, Tallman - Yes,

Carpenter - Yes.

Supervisor Carpenter moved and Councilman Delaney seconded the following resolution:

WHEREAS the Building Inspector has advised that the fees charged for building permits are in

need of revision because they have not kept pace with either the cost of inspection services provided by

the Town, or the fees charged in neighboring towns, now therefore be it,

RESOLVED that the fees to be charged and collected for the issuance of building permits are

hereby revised as follows:

$1.00 per $1000 of value based on the following valuation factors for one and two family

dwellings: $17 per square foot of foundation, $35 per square foot of first floor, $25 per square foot of

second floor, and $25 per square foot of habitable attic. The fol].owing votes were cast on roll call:

Delaney - Yes, Belier - Yes, Philippi Yes, Tall.man - Yes, Carpenter - Yes.


WHEREAS the attorney for the sewer district has advised that other commitments make it

impossible for him to continue to serve, now therefore be it

RESOLVED that the resignation of Charles Wilcox is hereby accepted with regret and TANYA

BRADLEY is hereby appointed and designated as Sewer District Attorney and Deputy Town Attorney. The

following votes were cast on roll call: Delaney - Yes, Belier - Abstained, Philippi - Yes, Tallman - No,

Carpenter - Yes.

Councilman Delaney read the Youth Commission report on the activities held since the first of the year.


Tailman, seconded by Councilman Delanay. All were in favor.

Hiohway Fund Warrant #4 in the amount of $10,917.12 was approved on a motion made by Councilman

Taiiman, seconded by Councilman Belier. All were in favor.

A motion was made by Supervisor Carpenter, seconded by Councilman Tallman, directing the Town

Clerk to advertise for bids for 1A Pea Stone and Fuel Oil. All were in favor.

The meeting was then opened to the residents to discuss the mining of gravel in the West Sand Lake

area. Approximately 35 out of 150 plus residents attending the meeting spoke out against the proposed

mining of the Wicks and Maloy property. A copy of their main concerns become a permanent part of

these minutes.

A motion was made by Councilman Delaney, seconded by Councilman Taliman, directing the Supervisor

to write a letter to ENCON requesting that a Long Form EIS be required before a mining permit be issued

to Mr. Malloy. All were in favor.

The Board meeting was recessed at 10:35 P.M. while the Town Attorney drew up a resolution certaining

to an amendment to the Zoning Ordinance to rezone the Wicks & Malloy property.

The Board meeting was reconvened at 11:00 P.M.

Councilman Tailman made a motion, seconded by Councilman Delaney, directing the Zoning Board of

Appeals to check the legality of the Hoffay mining pit that was granted as a seecial exception in 1972 in

an Al Zone. And also check to see if the operator is living up to the list of restrictions as listed in the

special exception. If a violation exists, the mining area should have a stop work order put on it as soon as

possible. All were in favor.

Supervisor Carpenter asked if there were any objections to adding a resolution to the acenda, waiving

procedural rules. There were none.

Councilman Delaney moved and Councilman Tailman seconded the following resolution:

RESOLVED that this Board snail consider an amendment to the Zoning Ordinance to rezcne the

Commercial Excavation zone which lies adjacent to and East of Route 150 and South of Route 43 to R1

Residential. The attorney is directed to prepare the proposed amendment and the Clerk is directed to

publish notice of hearing thereon. The Planning Board shall conduct the hearing, April 27th, 1988 and

shall further make it's recommendation to the Town Board. The Town Board shall be Lead Agency for

purposes of the State Environmental Quality Review Act. This Board will properiy conduct all SEGRA

required proceedings and reviews and will meet at the earliest feasible date after completion and

receipt of the Planning Board recommendation to consider adoption of the amendment. The following

votes were cast on roll call: Delaney - Yes, Belier Yes, Phiiippi - Yes, Tailman - Yes, Carpenter - Yes.

Mr. Malloy asked why only us and no other mining operation? How can you go against me and not all of

the others? He was told that it was not only him, the motion before was against the Hoffay operation.

Mark Cioffi, Zoning Board of Appeals member, stated that there is a meeting scheduled, April

21st, 1988, concerning the Hoffay mining operation. If they are in violation, there is a good posibility of

them being shut down.


A motion was made by Supervisor Carpenter, seconded by Councilman Helier to adjourn the meeting at

11:20 P.M. All were in favor.


Joyce A. Teal

Town Clerk


MAY 11, 1988



the following answered roil call:


Councilman Belier - Present




Councilman Taliman - Present


Others present were: Donald Clifford, Christine Kronau, Tanya Bradley, Flora Fasoldt, Art & Bernie

Mardon, Martha Senecal, Frank Fleming, Paula Hernick, Stu & Barbara Lip- schultz, Linda Reynolds,

Michael Rohioff, Jack O'Brien, Tom & Carolee Coffey, Ronald Sinico, Barbara Middleton, Joseph Warren,

Tim & Linda Warren, George Carpineilo, Justin Schultz, Daniel Holser, Mary Hilt, Harry Ackner, Keith

Ackner, Nadine Ackner, William LoWell, Robert Middleton, Rosemary Mancino, Cheryl Mugno, Willian

Trompeter, Russell Bennett, Fred & Eleanor Guntrum, Joseph Flanagan, Jack Reardon, Mary Aylward,

David Foley, James Maloy, Mr. Hoblock, Steve Wicks, Eve Rebassoo, William Hoffay, Frank Allen, Laurie

Smith, Clyde Heffner, Pat Coffey, Steve Valenti, Angelo Patti, Richard Abbatiello, Robin Langer, Mark

Cioffi, Brian Weiss, Waiter Monahan, Larry Rosenburg, Waiter Stone, Gregg Flick, Susan Burke, John

Burke, Lee Comeau and others.

Supervisor Carpenter read an opening statement before the meeting commenced. He informed the

people in attendance that there would not be any action taken on the mining issue tonight because the

Board has not received the needed review of the proposed zoning ordinance from the County Planning

Board. The statement in its entirety will become a permanent part of these minutes. Supervisor

Carpenter informed those in attendance that this was not a public hearing, but, however, given

reasonbie time, if there was anyone who would like to make a statement, the chair will so entertain.

George Carpineilo stated that he would like to give a brief presentation on the impact the

Maloy/Wicks operation, the Bonded operation and the Hoffay operation would have on the Town. He

was allowed to do so.

Supervisor Carpenter said that the Maloy people for the last three (3) weeks have given us

indication that they were willing to sit down and discuss the issue. Supervisor Carpenter said that he was

asking publicly that the neighborhood give the Board two (2) or three (3) representatives and that some

representation from Firehouse Lane, because those people are far greatly affected than Ridgewood,

they live right on the edge of it. This would enable us to sit down and have some meaningful discussion

with the Maloy people. After a lengthy exchange of comments from both sides, the Board returned to

the items on the agenda.

The minutes of the April 13th, 1988 meeting was approved on a motion made by Councilman Phillipi,

seconded by Supervisor Carpenter. All were in favor.


Committee reports: Councilman Delaney reported that the Youth Commission sponsored a trip to the

Bronx Zoo; a dance at Algonquin School; will be going to see Peter Pan at the Egg; Day Camp registration

forms are available at the Town Clerk's and the Supervisor's Offices - deadline for registration is May 22;

Letters of Employment were sent to the young adults hired for the Summer Camp.

Councilman Philippi reported that the Sand Lake Seniors have requested a $500 transportation grant

from the State Parks; Senior Citizen Housing has not been successful in finding a location as yet; Dog

Control - has received numerous calls - dog owners please have respect for others privacy and property,

the dogs don't know any better.

Councilman Belier reported that she has received a petition for a street light on Forest Road. Would like

the Town Board to check the location sometime during the next month.

Councilman Tailman reported that Adams/Russell Cable has been purchased by Cable Vision Systems

but will still go under the name of Adams/Russell; there also will be a base rate increase starting June

1988.

Supervisor Carpenter gave the Receiver of Taxes final report for 1988; read the cash receipts and the

cash disbursements figures for the month of April; Highway Department nas started to shim some of the

roads. Apologized to the residents who unfortunately found it necessary to use Glass Lake Road Friday

night or early Saturday - did not expect it to rain and the sand/oil mixture can make a real mess on cars;

Brush has been burnt and debris will be cieaned up; Will be appointing an Advisory Committee for the

Highway Department consisting of Tom Cipperly and Ernest Roder. Looking for a third person.

Zoning Board of Appeals report was given by Frank Alien.


John Burke stated that he felt that the Board owed the residents an answer as to how they felt on the

mining issue. He said that he didn't feel that Mr. Maioy would act in good faith.

Mr. Hoblock, attorney for Mr. Maloy, said that he would be more than willing to sit down and

negotiate. Be asked, why is Mr. Maloy being singled out.

Lee Comeau stated that the big problem was the failure of the Town to have a Master Plan and

to follow it. Where is West Sand Lake going? Supervisor Carpenter told him that the Town does have a

Master Plan, but, it has not been updated.

Business: Clerk Teal read the Legal Notice advertising for No.2 Fuel Oil bids as it

appeared in the Times Record Newspaper.

Two bids were received:

Legenbauer Gas & Oil Co., Inc. $.6180 Per Gallon

P.O. Box 66 No Charge for Service,

Averill Park, N Y 12018 only parts

Bubie Enterprises Inc. $.598 Per Gallon

Drawer B

Poestenkill, N Y

Councilman Tailman made a motion, seconded by Counciiman Delaney, to accept the low bid from

Bubie Enterprises Inc. to supply No.2 Fuel Oil for the 1988 year. All were in favor.

Clerk Teal read the Legal Notice advertising for Type 1-A Peastone as it appeared in the Times Record

Newspaper.

One bid was received:

Clemente Latham - Valente Gravel Division $4.00 Per Ton

RD #5, Box 56 picked up at the

Troy, New York 12180 Wynantskill yard.

Councilman Tailman made a motion, seconded by Councilman Heiler, to accept the bid from Ciemente

Latham-Valente Gravel Division for the 1988 year. Delaney, Belier, Phiiippi and Taliman were in favor.

Supervisor Carpenter abstained.

A motion was made by Supervisor Carpenter, seconded by Councilman Taliman, to direct the Town Clerk

to advertise for bids on a new Truck for the Highway Department. All were in favor.

Councilman Taliman moved and Councilman Delaney seconded the following resolution:

WHEREAS this Board has before it proposed Local Law #1 of 1988 revising the fees to be charged

in connection with use of the Town of Sand Lake Sanitary Landfill, and

WHEREAS after public hearing, the Board has determined that enactment of the Local Law is in

the best interests of the Town, now therefore be it

RESOLVED that proposed Local Law #1 of 1988 is hereby adopted and enacted, and the clerk is

authorized and directed to post and publish notice thereof, and to file the Local Law with the Secretary

of State. The following votes were cast on roil call: Delaney - Yes, Belier - Yes, Philippi - Yes, Tailman -

Yes, Carpenter - Yes,

Councilman Delaney moved and Councilman Heller seconded the following resolution:

WHEREAS the Town Beach at Reichards Lake is operated at substantial expense to the Town,

and

WHEREAS the beach facilities have been the subject of extensive and repeated vandalism, and

WHEREAS State and County Health Officials have inspected the beach and its facilities and have

advised that water quality (turbidity) and conditions may soon require mandated closure of the beach,

and

WHEREAS substantial expenses would be required to begin this month to provide facilities and

personnel to comply, even temprorarily, with public health and safety st;Hndards, which expenses

appear to be unjustified in view of the limited life expecLancy and use of the beach, now therefore be it

RESOLVED that the Town will close and not operate the beach at Reichards Lake during the 1988

summer season. The following votes were cast on roll call:

Delaney - Yes, Heller - Yes, Philippi - No, Tailman - Abstained - would like the Youth Commission to look

into some alternate site before closing the Beach, Carpenter - No.

Councilman Belier moved and Councilman Taliman seconded the following resolution:

WHEREAS sodium vapor street lighting fixtures provide substantially more illumination than

mercury vapor fixtures of comparable cost, and

WHEREAS New York State Electric and Gas Corp. has offered to begin a program of routinely

replacing mercury vapor fixtures with sodium vapor as defects make maintenance necessary. at no cost

to the Town, and

WHEREAS such a rogram would provide substantial savings to the consolidated lighting district

of the Town, now therefore be it

RESOLVED that the proposal of NYSEG to replace defective lights, a copy of which is attached

and made a part of this resolution, is hereby accepted and approved. The following votes were cast on

roll call: Delaney - Yes, Belier - Yes, Philippi Yes, Tallman - Yes, Carpenter - Yes.

Councilman Heiler moved and Councilman Delaney seconded the following resolution:

WHEREAS the provisions of the Town's Zoning Ordinance which require an annual reclamation

plan fail to provide standards for approval or disapproval of such plans, and

WHEREAS the present Zoning Ordinance makes inadequate provision for the preservation of the

taxable value of lands in and adjacent to commercial excavation zone, and

WHEREAS the preparation of adequate and enforceable standards requires engineering and

geological expertise, now therefore, be it

RESOLVED that the Supervisor is directed to retain a consultant or consultants acceptable to the

Board in order to assist in the preparation of mining reclamation standards. Be it further

RESOLVED that such standards shall establish minimum time periods within which

reclamation shall commence in both newly mined areas and in previously excavated portions of existing

pits and that reclamation procedures shall result in lands suitable for residential, commercial or

agricultural development. The following votes were cast on roil call: Delaney - Yes, Belier - Yes, Philippi -

Yes, Taliman - Yes, Carpenter - Yes.

Supervisor Carpenter moved and Councilman Philippi seconded the following resolution:

WHEREAS the salaries of all Town Officers and Employees are provided for in the anpropriate

personnel accounts in the Town Budget, now therefore be it

RESOLVED that the salaries of all Town Officers and Employees are hereby set and estanLished

as provided in the Town Budget as amended. The following votes were cast on roll call: Delaney - Yes,

Belier - Yes, Philippi - Yes, Taliman - Yes, Carpenter Yes.


RESOLVED that the Supervisor is authorized and directed to engage bookkeeping services for the

reconstruction of 1986 and 1987 Town records and such other records as may be required to complete

the 1986 and 1987 Town Single Audits. The following votes were cast on roll call: Delaney - Yes, Belier -

Yes, Philippi - Yes, Taliman - Yes, Carpenter - Yes.


WHEREAS State and Federally required audits have found the need for extensive bookkeeping

services to reconstruct and provide records required for audit, now therefore be it

RESOLVED that the following transfers are hereby made to the Audit and Accounting account

(1320.4):

A1355.2 $3,000

A1650.4 200

A8160.1 5,000

A7620.4 500

A7510.1 150

A1220.1 1,400

A7150.1 6,000

A1410.2 4,000

After discussion by the Board on the various transfers, Supervisor Carpenter made a motion, seconded

by Councilman Philippi, to amend the above resolution by withdrawing the transfers from A7150.1 -

$6000 and to pull the transfer from A1410.2 - $4000 from the resolution, leaving a total of $10,250 to be

transfered. All were in favor except Councilman Helier who wanted to table for further discussion. The

following votes were cast on the amended resolution: Delaney - Yes, Helier - No, Phiiippi - Yes, Taliman

Yes, Carpenter - Yes.

Supervisor Carpenter moved and Councilman Tailman seconded the following resolution:

WHEREAS the operation and maintenance of the sewer system of the Town's Sanitarv Sewer

District requires a substantial amount employee time, and

WHEREAS when these services are performed on an occasional basis by Town employees,

substantial bookkeeping is required to assure that Town taxpayers' dollars are not be- inn expended for

Sewer District purposes, and vice versa, now therefore be it

RESOLVED that a part time maintenance department is hereby established in the Sewer District

to be staffed by two employees, one day per week. The following votes were cast on roll call: Delaney -

Yes, Belier - Yes, Phiiippi - Yes, Taliman - Yes, Carpenter - Yes.


taliman, s.3condedby Councilman Delaney. All were in favor



Supervisor Carpenter moved and Councilman Taliman seconded the following resolution:

RESOLVED that Karen Dobert be appointed as Receptionist at $4.00 per hour and that Ruth

Schafer be appointed as Clerk at $5.00 per hour to the Assessment Board of Review for Grievence Day,

May 17, 1988 from 3:00 P.M. to 10:00 P.M. The following votes were cast on roil call: Delaney - Yes,

Belier - Yes, Philippi - Yes, Tallman Yes, Carpenter - Yes.

The meeting was then opened to those present. Jack Reardon suggested that the Board consider getting

an amplifier so that the people in the back of the room can hear, and also has the Board heard anything

back from DOT on the Traffic Light on the intersection of Route 43 & 66 and anything on the flashing red

and yellow light in Averiil Park? Supervisor Carpenter told him that on the traffic light for 43 & 66,

00111' is still say- ing sometime in 1989.

The Board set the date of May 25th, 1988 for a Special Board Meeting at 7:30 P.M. to vote on the

rezoning from CE to R-1 in West Sand Lake.

Tom Coffey stated that twice tonight the Board has been asked to share its feelings with the residents

on the mining issue in Town. Supervisor Carpenter told him that he thought that he had answered that

question with his statement up front early on. When the resolution properly comes before this Board,

he will then make his decision.

Councilman Philippi stated that she was personally amazed that the concerned citizens group is

not willing to meet with the Maloys. She was told that was not true by Carolee Coffey.

Councilman Delaney stated that she agreed with the people of the Town. She said that she felt

that it was about time we stop playing games and start making some hard decisions. She said that she

felt the Board was playing a big part of this game.

Councilman Tailman stated that he would like to see that land be put ot a better use than a big

flat grassland.

Councilman Belier stated that she was not anti-mining, but, she was exceptionally for the people

in our Town.

Mr. Stone said that if some of the people on the Town Board do not know what is going on or do

not know Mr. Maloys position, then it is their own fault. The people in this room feels that it is about

time that the Board knows what they want.

There were more comments on the mining issue; it is a town issue not a neighborhood issue;

the Board was elected in November as the towns' representatives.

Supervisor Carpenter adjourned the meeting at 10:35 P.M. No vote was taken.


Joyce A. Teal

Town Clerk


MAY 25, 1988

The Special Town Board meeting of the Town Board of the Town of Sand Lake was called to

order by Supervisor Carpenter at 7:30 P.M. at the Town Ball, Sand Lake, New York. After the Pledge of

Allegiance, the following answered roll call:








Others present were: Tom Cipperley, Bob Hoffay, Bill Hoffay, Robert Moon, Jack Reardon, Jack

Rifenburg, Steve Wicks, Linda Ormsby, Paula Bernick, Chris Kronau, Martha Senecal, Linda Reynolds, Stu

& Barbara Lipschultz, George Carpinello, Mary Hilt, Carol O'Brien, John Wright, Mary Ayiward, George

Dahi, Laurie Smith, Rosemary Mancino, James Maioy, Michael Bobiock, Anthony Vaiente, Jeff Snyder,

Gregg Flick, Tom & Carolee Coffey, Frank Fleming, Michael Rohloff, Eve Rebasso, Barbara Middieton,

Joseph Warren, Tim & Linda Warren, Cheryl Mugno, William Trompeter, Frank Allen, Angelo & Susan

Patti, Robin & Daniel Langer, Brian Weiss, Walter Monahan, Nancy Keliey, Waiter Stone and others.

The Special Town Board meeting was called to consider the rezoning of the Commercial

Excavtion Zone (CE) which lies adjacent to and east of NYS Route 150, and south of NYS Route 43, to

Residential (R-1).

A motion was made by Councilman Philippi, seconded by Councilman Tailman to accept the

Environmental Assessment Impact Form and to make a Negative Declaration. All were in favor.

Councilman Delaney moved and Councilman Belier seconded the following resolution:

WHEREAS the Commercial Excavation Zone which is the subject of this resolution hes in an area

of the Town which has changed markedly in character since the estab- fishment of the zone, and

WHEREAS the area in question is now predominantly residential in character, and

WHEREAS mining in this area is inconsistent with the orderly development of the Town, and

economically detrimental both to the Town and to the owners of property in the Town, and

WHEREAS such mining is inimical to the health, safety and welfare of the people

of the Town, particularly those residing in or near the affected area, as now constituted, and

WHEREAS a substantial number of people have requested the subject change of zone,

and have prayed for relief from the noise, dust, and traffic safety hazards associated with such mining,

and

WHEREAS the adverse and incompatible environmental effect of such mining is readily and

visually identifiable, and

WHEREAS the traffic hazard has been made apparent by the recent collision of a gravel truck

exiting the area with a school bus filled with grade school children, and the health hazards presented by

the dust and noise have been the subject of testimony of affected people appearing before this board,

and

WHEREAS although use of portions of this site for mining has occurred over a

long period of time, this use has been sporadic, and occasional and, in fact, may have been abandoned,

and

WHEREAS the highest and best use of the subject property, both from the standpoint of the

Town and the owners, is residential rather than Commercial Excavation, now therefore be it

RESOLVED that the Zoning Ordinance of the Town of Sand Lake be, and hereby is, amended to

rezone the Commercial Excavation Zone which lies adjacent to and east of New York State Route 150,

and south of New York State Route 43, to Residential CR-i), and that the Zoning Map is revised to the

same effect, as shown on the copy of the said map which is attached hereto and made a part hereof,

and that, notwithstanding any other provision of the said ordinance, such rezoning shall govern and

control the land use in the said zone immediately upon the effective date of this amendment. `The

following votes were cast on roll cail: Delaney - Yes, Belier - Yes, Phiiippi Yes, Tailman - Yes, Carpenter -

No, because the Town Planning Board has issued a draft which has indicated that that area as well as

other areas in the West Sand Lake area should be considered for commercial property. The Town

Planning Board has issued a recommendation that it should not be rezoned to residential, in this case, I

agree with the local Planning Board. This is confirmed by County Planning recommendation, that is

probably more suitable for a combination of commercial.

Supervisor Carpenter went on to say, "Since April, I've been trying to get concerned parties to sit

down and work out an acceptable solution." "I respect the concerns of the residents for the Quality of

Life - they're important to me too, but, I also respect the rjcihts of ALL property owners." "The answer is

not on either extreme. I believe its somewhere iiiThe middle. Arrived at thru negotiations that address

the concerns of both the residents in the area and the property owners." "Mr. Maloy, I hope that we can

still keep the lines of communications open between us and if there are any attorneys in the

neighborhoods around here, I would hope that they would come forward and assist this Town, should

we need it."

Before the preceding resolution was adopted by the Board, Supervisor Carpenter informed them that a

Protest Petition had been given by Mr. Maioy's attorney, which necessitated a vote of majority, plus one

by the Board. Also, before the vote was taken, Attorney Hoblock questioned that the various WHEREAS

clauses contained appeared to be certain findings and fact. Be asked, "Are these findings, and if they

are, where are they

supported by this Board?" "Such as the WHEREAS clause concerning the collision of a truck with a school

bus seems to imply that the accident occurred at this particular area, which it did not"; "WHEREAS

clause pertaining to relief from the noise, dust, and traffic safety hazards associated with the activity

from this particular location has been minimal, in fact, sporadic, occasional and may have been

abandoned, which seems to be inconsistent with the statement which created the traffic hazards." "If

the Board does indeed have these findings, I respectfully request that the Board give me the benefit of

these findings, supported by the evidence."

Attorney Breseior stated that each of the WHEREAS clauses stood on their own and were the

result of imput statements from the public at the public hearing.

Councilman Tailman stated that the word àrea' probably was vague, but that the Boards' intent

was à large area surrounding'the mining site, not just the mining site itself. Councilman Taliman said,

"We are not just talking of the number of acres that Mr. Maloy owns, but possibly, a couple of square

miles surrounding the Maloy site." "And also, the clause pertaining to where the school bus was

concerned, the area should not be taken as coming out of the Maloy pit, but the area, meaning the

highway in the general area of the mining.

A motion was made by Councilman Philippi, seconded by Councilman Delaney, to waive the advance

notice requirements for a resolution. All were in favor.

Councilman Tailman moved and Councilman Belier seconded the following resolution:

RESOLVED that, to the extent required by General Municipal Law, section 239m, this Board

states its' reason for adopting the amendment to the Town Zoning Ordinance of even date herewith as

follows:

The Board agrees with County recommendations that this matter is primarily of local concern,

that a comprehensive revision of the Town Zoning Master Plan would be appropriate and that

Commercial Excavation is not the best use of the site. The Board feels however, that Residential, rather

than a mix of Residential, Highdensity Residential and Commercial use, is the preferred use. The

following votes were cast on roil call: Delaney - Yes, Helier - Yes, Philippi - Yes, Tailman - Yes, Carpenter

Abstained.

A motion was made by Councilman Taliman, seconded by Councilman Delaney to adjourn the meeting

at 8:05 P.M. All were in favor


Joyce A. Teal

Town Clerk


JUNE 8, 1988











Others present were: Brian Weiss, Bernie Mardon, Martha Senecal, Chris Kronau, Barbara Lipschuitz,

Paula Hernick, Jack O'Brien, Linda Reynolds, Steve Robelotto, Eve Rebassoo, Joe Warren, Mary Hilt,

Jeanne Stinson, Tim & Linda Warren, Angelo & Sue Patti, Justin Schultz and others.

The minutes of the May 11, 1988 and May 25, 1988 meetings was approved as printed on a motion

made by Councilman Taliman, seconded by Councilman Delaney. All were in favor.

The Town Clerk's report was read and accepted by the Board.

The Supervisor's report was read and accepted by the Board.

Committee reports: Supervisor Carpenter reported that the 1986 Single Audit should be completed

within the next week or so; the 1987 Annual Financial Statement should be filed by the end of this week;

Sand Lake Town Library has invited the Town Board to visit the Library on June 13th at 7:00 p.m. to

share with them a document called Minimum Standards for Public Libraries Memo from the Assessor

requesting to set up a special evening program to inform/educate the Town Board and other interested

employees as to what our Town Assessing function is all about; Received a letter from the Rensseiaer

County District Attorney requesting documentation supporting the Town's action on the State

Comptroller's report.

Brian Weiss, Highway Superintendent, reported that the new truck specifications were ready to go for

bid; Requested that a transfer request that was read and given to each Board member become a part of

these minutes for the record.

Zoning Officer's report was given by Robert Martin.

Councilman Taliman reported: Cable TV now gives a senior citizen discount of 10% to anyone 62 years of

age or older; A $25.00 deposit is now required on all new converters and de-scrambiers.

Councilman Belier reported: Library - children programs will be held on Wednesday and Thursday

mornings; Library hours now are: Mondays-Thursdays, 10:30 a.m. til 8:30 p.m. and Saturday, 9:00 a.m.

til 3:00 p.m.; Walter A. Lugwig has volunteered his services as Attorney and has been appointed as Legal

Council by the Library Board of Trustees.

Councilman Delaney reported: Peter Pan was a sell-out; 180 children - grades 2 thru 8 have registered in

the Summer Program, pius, 45 children - grades K thru 2 - in the Pee-Wees; Counselors are currently

taking a 21 hour First Aid and CPR course being taught by Jean O'Hara; There will be a `Bottle Drive' held

at Butler Park on June 11th.

All monies raised will go toward the Day Camp supplies; New Basketball rims and nets have been

installed at the Park, thanks to Ernie Burkart for donating his time.

Councilman Philippi reported; The Seniors' received a $350 Transportation Grant; Met with the Sand

Lake Senior Citizen Housing Committee and are waiting to hear from the Butler Foundation Attorneys on

a `Letter of Intent' to purchase land adjacent to the High School or the Butler Park; Following up on a

suggestion received from Mr. Carpenter's Office to consider a Leash Law Ordinance, she feels that we

should look into it.

Councilman Belier questioned a $300.00 Appraisal bill that was presented to the Senior Housing

Committee - will the Butler Foundation be paying this bill? Attorney Breseior answered, yes.


Justin Schultz asked what the status was on the Second Dyke Road - there are still problems

with parking and people having picnics on the Dyke. Brian Weiss said that there are no parking signs up

now, hopefully, within the next few weeks, the repair work will be completed and the signs will be put in

permanently.

Jeanne Stinson requested that `Hidden Driveway' signs be erected on Glass Lake Road and, also,

that she would like to see the speed limit reduced from 40 MPH.

Business: Supervisor Carpenter read the resignation letter from Kevin O'Brien, Pianning

Board Chairman. Kevin has purchased a new home out of town making the resignation necessary. His

resignation became effective June 2, 1988.

Supervisor Carpenter moved and Councilman Heiler seconded the following resolution:

WHEREAS Kevin O'Brien has served as a member and chairman of the Planning Board of

the Town of Sand Lake since 1981, and

WHEREAS Kevin's years of service have been marked by hes exceptional dedication and skill, in

addition to the long hours and effort required by these positions, and

WHEREAS Kevin has submitted his resignation because he will be relocating his residence

outside of the Town, now therefore be it

RESOLVED that the resignation of Kevin O'Brien, Chairman of the Planning Board, is hereby

accepted with regret, and be it further

RESOLVED that this Board pauses to express its sincere gratitude to Kevin for the invaluable

contribution he has made to the Town of Sand Lake, and to his entire family for their generous sacrifice

in supporting him in his work for the Town, and be it furthei

RESOLVED that the Clerk is authorized and directed to advertise for candidates to fill the

vacancy created by this resignation.

The following votes were cast on roll call:

Delaney - Yes, Belier - Yes, Philippi - Yes, Tailman - Yes, Carpenter - Yes.


WHEREAS the Supervisor has investigated the possibility of contracting with a professional firm

to computerize the fiscal records of the Town, and

WHEREAS Shaker Computer Services has submitted a contract by which they agree to provide

these services, which will provide for every Board member, and for inspection by interested members of

the public, computer analysis monthly of the activity and expenditures in all of the accounts and funds

of the Town, now therefore be it

RESOLVED that the Supervisor is authorized to enter into the contract referred to above on

behalf of the Town of Sand Lake.


Delaney - Yes, Helier - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes.


WHEREAS at its regular monthly meeting held May 10, 1988, this Board opened and considered

bids for fuel oil, and authorized the awarding of the contract, and

WHEREAS the deliberations of the Board at that time and place were affected by a mistake and

misunderstanding as to the terms and conditions of the bids, now therefore be it

RESOLVED that the consideration of the bids is now hereby reopened, and be it further

RESOLVED that the Clerk is authorized and directed to readvertise for bids for

fuel oil so that a contract can be properly awarded. After due discussion by the Board, the above

resolution was amended on a motion made by Supervisor Carpenter, seconded by Councilman Delaney.

All were in favor.

WHEREAS at its regular monthly meeting held May 11, 1988, this Board opened and considered

bids for fuel oil, and authorized the awarding of the contract, and

WHEREAS the deliberations of the Board at that time and place were affected by a mistake and

misunderstanding as to the terms and conditions of the bids, now therefore be it

RESOLVED that the consideration of the bids is now hereby reopened, and be it

further

RESOLVED that all bids are rejected and the Clerk is authorized and directed to

readvertise for bids for fuel oil and services so that a contract can be properly awarded.


Delaney - Yes, Heller - Yes, Philippi - Yes, Tailman - Yes, Carpenter - Yes.

Councilman Heller moved and Councilman Delaney seconded the following resolution:

WHEREAS residents have requested street lighting at streets known as Wildwood Heights and

Middle Court, and the Chair of the Lighting Committee has investigated the possibility and cost of such

lighting and

WHEREAS the Committee's recommendation, based on this investigation, is the acceptance of

the lighting proposal from NYSEG dated February 16, 1988, copy of which is attached and made a part


RESOLVED that the said lighting proposal with respect to installing lights on Wildwood Heights

and Middle Court is hereby accepted, and the Supervisor is authorized and directed tc contract for such

lighting on behalf of the Town of Sand Lake and its' Consolidated Lighting District.

The following votes were cast on roil call:

Delaney - Yes, Belier - Yes, Phiiippi - Yes, Tailman - Yes, Carpenter - Yes.

Councilman Belier moved and Councilman Tailman seconded the following resolution:

WHEREAS residents have requested a street light be installed on Forest Road and the Chair of

the Lighting Committee has investigated the possibility and cost of such installation and

WHEREAS the Committee's recommendation, based on this investigation, is the acceptance of

the lighting proposal from NYSEG dated June 2, 1988, a copy of which is attached and made a part


RESOLVED that the said street light proposal, with respect to installing a street

light on Forest Road, is hereby accepted, and the Supervisor is authorized and directed to contract for

such light on behalf of the Town of Sand Lake and its' Consolidated Lighting District.



Councilman Delaney moved and Councilman Heiler seconded the following resolution:

WHEREAS the Youth Commission has requested applications for summer employment in the

programs offered by the Town, and

WHEREAS the Commission has made its' recommendations for employment, now therefore be it

RESOLVED that, pursuant to the recommendations of the Youth Commission, the following

appointments are made for 1988: BARBARA BII'JTIG, DIRECIDR; MARYLOU ST. GERMAIN, PEE WEE

DIRECIOR; SCOTT HEMMING, SR. SPORTS COUNSELOR; TINA LUCE, SPECIAL SKILL INSTRUCTOR;

SHANNON MAHA, SENIOR COUNSELOR; WIEIIAM WHITE, CHRISTINE O'CONNOR, TRACY ALBANESE,

COUNSELORS ; MEGAN BASHFORD, PAULA BIRG74ANN, PAIGE MACK, VICKI BROWN, GINA BARATFA ,

GRETCHEN INGERSALL, COUNSELORS IN TRAINING; CHRISTINE DOYLE, WATER FRONT DIRECTOR; KERRY

ANN HESER, WATER SAFETY INSTRUCTOR; KAThLEEN OSTRANDF.R , LIFE GUARD; THOMAS CHESSER,

LIFE GUARD; PAMELA BYRME, LIFE GUARD.


Delaney - Yes, Heiler - Yes, Philippi - Yes, Tailman - Yes, Carpenter - Yes.




Tailman, seconded by Councilman Delaney. All were in favor.

Clerk Teal informed the Board that there were two vouchers that did not appear on the Warrant

because they are line item transfers done by Board resolution.

The meeting was then opened to those present. No one wished to be heard.

On a motion made by Councilman Taliman, seconded by Councilman Delaney to adjourn the meeting at



Joyce A. Teal

Town Clerk


JULY 13, 1988







Councilman Philippi - Absent



Deputy Attorney Bradley - Present

Others present were: Brian Weiss, Art & Bernie Mardon, Eve Rebassoo, Marshall Benson, Donnie

Benson, Ronnie Benson, Marty & Linda Ormsby, Rocco Fish, Craig & Joann Dobert, Stacy Teidman, Joe

Warren, Tim & Linda Warren, Justin Schultz, Frank Fleming, Russ Bennett, Clifton Mark, Tom Cipperiy,

Paula Hernick, Martha Senecal, Chris Kronau, Angela Fleming, Linda Reynolds, Mike Rohioff, Angelo

Patti, Frank Allen, Mary Hilt, Judy Long, David Wedge, Marilynne Whittam, Flora Fasoldt, James Hart,

Carolee Coffey, David Cobden, Jeanne Stinson, Tom Delaney, Steve Robelotto, Ronald Cahill, Bill Hickey,

and others.

The Public Hearing on the proposed amendments to the Parking Ordinance was opened at 7:30 P.M.

Clerk Teal read the legal notice as it appeared in the Times Record Newspaper.

Supervisor Carpenter read the amended ordinance as proposed. A petition from the residents

on Meadow Road, East Road, Forest Road and Fairfield Road opposing the parking regulations was

presented to the Board. The hearing was then opened to the floor.

David Wedge, Forest Road, asked the Board just where they would like the residents to park? He

said, because of lot size, it is sometimes impossible to park off of the road.

Steve Robelotto, Averiil Park/Sand Lake Fire Chief, stated that all cars that are parked on these

roads, do so illegally according to the State Code. Emergency vehicles just cannot get through.

Thomas Delaney, West Sand Lake Fire Chief, stated that the intent is not to be obstructive nor

difficult, but for the residents own protection. Minutes count - if they can't get the equipment through,

they can't do their job, which is to protect the citizen.

Craig Dobert questioned why Toll Gate Road was not included. Tom Delaney told him that Toll

Gate Road is wider than minimal.

Frank Fleming asked if the Town Board had checked out these roads. He was told, Yes.

Angelo Patti questioned the parking on Senecai Road, but stated that he agreed on Algonquin

Road. There needs to be mutual respect and consideration on some of these narrow roads. Some people

literally cannot park on their own property. Angelo asked who would be enforcing this ordinance? He

was told that all the Law Agencies.

Frank Alien asked if Toll Gate Road had been addressed? He was told, Yes.

David Wedge asked who was going to be responsible for plowing a spot off of the road for the

cars during the snow season?

Chris Kronau stated that if they continue to park in the roadway, Emergency vehicles cannot get

through. There are three people on the road who have heart conditions. She said that Dave owns a

vacant lot next door which could be used for parking.

Jeanne Stinson said that there is still a problem with parking on Glass Lake Road. She was told

that parking is prohibited under the current ordinance.

David Wedge stated that there could be a problem with dust on Forest Road, because now the

road would become two way to traffic. The road is paved only in the center.

No one else wished to be heard. A motion was made by Councilman Delaney, seconded by

Councilman Belier to close the public hearing at 8:25 P.M. All were in favor.

The minutes of the June 8, 1988 meeting was approved as printed on a motion made by Councilman


The Town Clerk's report was approved on a motion made by Councilman Delaney, seconded by

Councilman Taliman. All were in favor.

Supervisor Carpenter reported on the following: regarding the 1986 Audit - Bob Scott, Koshgarian &

Scott, was supposed to have a Letter of Explaination prepared for tonights meeting. He did not have it

ready, but has promised to deliver this letter to the Supervisor's Office this week. The Supervisor will

then share that information with the Board members. Mr. Scott has also indicated that if any of the

members of the Board have any questions concerning the amount of time that has been taken to

prepare the report, to please call him; The 1988 print-out for the year to date ending June 30 on the

Budget is now available to the Board. Supervisor Carpenter stated that there are some accounts that

show the unemcumbered balance under year to date expenditures. These will have to be corrected.

Supervisor Carpenter stated that he will correct them within the next couple of days and will be calling a

Special Board meeting for later next week to #1) go through the accounts, review them, and consider

the Budget transfers needed at the end of the six (6) month period and #2) discuss the hiring of an

Auditor for the 1987 records; The Planning Board has requested a joint meeting with the Town Board

regarding the updating of the Zoning and Sub-Division Regulations; The Highway Dept. is working on the

Second Dyke Road and the `NO PARKING' signs have been posted. They are also putting calcium on the

dirt roads to keep the dust down.

Committee reports: Councilman Delaney reported: Day Camp is in full swing - July 11-15 is Adventure

Week and July 18-22 is Holiday Week; Day Camp is held only at the Sand Lake School, but there is bus

service from the West Sand Lake and High Schools for the children from that end of town; The Day Camp

will be having a Tag Sale, Bottle Drive, Craft & Bake Sale; Beach hours are Monday thru Friday, 11:00

a.m. - 7:00 p.m.; Weekends, 12:00 noon - 6:00 p.m. . A new telephone had to be purchased for the

Beach; Swimming lessons will be held at the Beach from July 4-15, July 18-29 and August 1-12; A thank-

you is extended to the Reichards Lake Asso. for their help in cleaning up the Beach; Organizations

wanting to use the Butler Park facility should call Connie Burkart cit herself for a key and they will be

held responsible for premises.

Councilman Belier reported: The street lighting proposal that was approved at last months meeting has

been modified and will appear later on the agenda; Requested an executive session regarding the Maloy

suit if Attorney Breselor made it to the meeting. She asked Attorney Bradley if she had the pertinent

information concerning the pending lawsuit. Attorney Bradley said, No.

Councilman Tailman reported: Cable TV - the camera has been moved up to the front of the room so

that the audience may be scanned; priced new equipment for improved video reception, total cost

$384.00; new batteries have been purchased, so hopefully, the audio will be better.

Brian Weiss, Highway Superintendent, reported that the Second Dyke Road is approximately 2/3

complete, hopefully done by the end of August.

Zoning Officers report was given by Robert Martin.

Sewer Department report was given by Timothy Warren.


The meeting was then opened to the residents.

David Cobden, Chairman-Special Committee-Bowman Lake Asso. , stated that he was very, very

disappointed in the Supervisor personally, and the Board as well. He produced a letter from the

Supervisor, assuring the Association that their request for an ordinance to exclude the operation of all

mechanically propelled vessels on the waters of Big Bowman Lake would be placed on the agenda for

the July Town Board meeting, dated June 20, 1988. Mr. Cobden was told by Councilman Delaney that

the Board had not been made aware of the request nor the answer from the Supervisor. Mr. Cobden

informed the Board that some of the summer residents had come as far as Conn. and Lake Placid for

tonights meeting believing that this matter would be on the agenda. Councilman Belier stated, that

since this matter was addressed to the Supervisor, therefore, the rest of the Board did not receive a

copy of the request. She further stated, that in the future, on any issue, if you write to the Supervisor

and you want the Board to be aware of things, send copies to the entire Board. Mr. Cobden asked, was

it not the responsibility of the Supervisor to pass on information to the Board? Councilman Belier said

that she had assumed so, but, that she had just been told by the Supervisor that it was addressed to

him, therefore, she had not received a copy.

A motion was made by Supervisor Carpenter, seconded by Councilman Taliman, to waive advance notice

rules for agenda items and the Bowman Lake Asso. request for a resolution be formally placed on the

agenda. All were in favor.

Frank Fleming read a statement to the Board regarding the recent criticisms of the past administration.

Supervisor Carpenter said that if given a copy of the statement, he would be happy to answer his

allegations. The statement in its entirety becomes a part of these minutes.

Ron Cahill asked why there was a cut-off date for Summer Camp enrollment? His. children have now

decided that they would like to attend. Councilman Delaney suggested that he get in touch with Barbara

Biittig, Summer Program Director, with any questions concerning this.

Ruth VanBrocklen questioned why the Lifeguards do not get paid when there is a rainy day. Councilman

Delaney said that she had just been made aware of this today. She added that she would look into it

with the Youth Commission.

Joe Warren stated that he had two complaints: 1) A highway employee is using a Town pick-up truck to

and from his home in Stephentown, a distance of approximately 30 miles round trip; 2) The use of Sewer

Egipment for Highway use. The Sewer District's pick-up truck is being used on a daily basis. Joe said that

he felt that this administration should stop this practice. (The Clerk did not receive a copy of his

statement for the record.) Frank Fleming stated that just last week, Tim Warren, Joe Warren's son, used

the $100,000 Sewer Truck to water the flowers in front of Town Hall. Frank added that he didn't think

Joe had the right to stand up here and criticize someone else. Supervisor Carpenter asked Frank if he

objected to the beautification of Town Hall? Frank said, Yes, when it is at the expense of taking money

away from the Senior Citizens and the Youth Program. Brian Weiss, Superintendent of Highways, asked

Mr. Warren, Who is the Sewer Department? Is not the Sewer and Highway the same thing? Does the

Sewer District buy the Highway Dept. a backhoe when that wears out? Mr. Warren asked if the Highway

charges the Sewer of work done? Brian answered, sometimes, Yes, sometimes, No. This works both

ways. Supervisor Carpenter stated that sewer maintenance does get reimbursed to the highway, they

are totally separate districts. Councilman Belier asked Tim Warren if he felt as strongly as his father

about this subject. Tim said that he had no feeling, one way or the other.


Business: David Cobden asked that the Town Clerk read into the record the correspondence that was

sent to the Supervisor from the Bowman Lake Association. David stated that the reason the letter was

addressed specifically to the Supervisor was because Attorney Breselor advised us to do so and that the

Supervisor would communicate with the rest of the Board. Clerk Teal read the letter and this becomes a

part of these minutes.

Supervisor Carpenter made a motion, seconded by Councilman Belier, to authorize the Town Attorney,

in conjunction with the Bowman Lake Asso., to draw up an ordinance and to direct the Clerk to advertise

for a public hearing to be held at the next regular meeting, August 10th, 1988. All were in favor.

Councilman Belier moved and Councilman Tallman seconded the following resolution:

RESOLVED that $200.00 is hereby transferred to Ai410.4 (Town Clerk) and that $400.00 is

hereby transferred to Al010.4 (Town Board) to cover deficits created by transfers made from these

accounts on February 24, 1988. Transfer of $600.00 shah be from A1330.4 (Tax Collection). Supervisor

Carpenter questioned this resolution and made a motion to table it. There was no second. The following


Delaney - Yes, Belier - Yes, Philippi - Absent, Tallman - Yes, Carpenter - No.

Councilman Belier moved and Councilman Taliman seconded the following resolution:

WHEREAS, by resolution duly adopted at its last regular meeting, this Board approved a

proposal by New York State Electric and Gas Corp. to provide street lighting and fixtures, and

WHEREAS, NYSEG has revised the proposal to include additional cost for the wiring associated

with this lighting, now therefore be it

RESOLVED that the modifications to the above referenced proposal, a copy of which is attached

to and made a part of this resolution, are hereby accepted and approved. The following votes were cast

on roll call:

Delaney - Yes, Heller - Yes, Philippi - Absent, Tallman - Yes, Carpenter - Yes.

Councilman Delaney moved and Councilman Taliman seconded the following resolution:

WHEREAS the chiefs of the Averili Park and West Sand Lake Fire Companies have requested that

the Parking Ordinance be amended to control parking on a number of Town roads in order to facilitate

the passage of fire and emergency vehicles, and

WHEREAS after public hearing it appears that the adoption of these changes is in the interests of

the safety and well-being of the residents of the Town, as well as the fire fighters who serve them, now

therefore be it

RESOLVED that the Parking Ordinance of the Town of Sand Lake, adopted December 9, 1987 is

hereby amended as follows: The Parking Ordinance in its entirety becomes a permanent part of these

minutes. A metion was made by Supervisor Carpenter, seconded by Councilman Tailman to amend

Section 11 to eliminate the words "in any direction" and make it to read "within 25 feet of a fire hydrant

along the roadway". All were in favor. The following votes were cast on roll call:

Delaney - Yes, Heller - Yes, Philippi - Absent, Tailman - Yes, provided the signs are posted stating

that `NO PARKING' this side,'NO PARKING HERE `TO CORNER', `NO PARKING WITHIN 25 FEET OF

BYDRANT, Carpenter - Yes.

The public facilities at the Town Park were discussed. The park is available to the residents for picnics,

family reunions, etc. The park may be booked by contacting Councilman Delaney or Connie Burkart,

Youth Director. The park will be used on a first come, first serve basis.

Landfill Local Law #1 of 1988 was put on the agenda by Councilman Tailman. It had been brought to the

Boards' attention that there were violations concerning the law; a) The hours listed for the Landfill are

incorrect - Section 7, Article 2 - this should be corrected; b) Section 5 - "All motor vehicles or trucks

used in the business of commercial collection of refuse shall be a commercial packer type construction

except that commercial collectors, currently in business as of the original effective date of this Local

Law, shall be exempt from this provision to the extent of their continued use of their then ].icensed

vehicles as long as their then licensed vehicles are of a closed or covered type and this exemption shall

cease upon the replacement of the then licensed vehicle;

c) Section 6 - question over is the $10.00 per yard tipping fee for loose or compacted trash. Councilman

Taliman stated that he felt that these items need to be addressed.

Councilman Delaney asked Marty Ormsby how he measures the yardage of loose trash. Marty

said that he measures the trucks and comes up with the cubic yards.

Brian Donahue, Attorney for Benson Bros., stated that compacted trash versus loose trash is not

the issue. Section 5 refers to grandfathering businesses currently in business as of the original date of

the Law, there is no one doing business now that grandfathering would apply to. (Dobert's Refuse

started in 1986 and Rocco Fish in 1988).

Clerk Teal stated that she was not aware of this clause until it was brought to her attention, and

researched the Law from the effective date up to the present. Therefore, she feels that she, also, is

guilty of illegally issuing the yearly permits, but now that she is aware, will not issue any more

commercial hauler permits for non-compactor trucks unless the law is amended.

Supervisor Carpenter asked Marty Ormsby if there was an advantage to having the refuse

compacted and if being compacted, did it save space at the landfill?

Marty said, No, he has to break up the refuse to compact and cover no matter how it comes in.

Councilman Delaney asked Joe Warren, seeing he was in office when this was originally enacted,

what was the reason that this clause was put in the law? Joe answered, basically to eliminate littering

from open trucks.

Clerk Teal stated that Carl Wicks was Town Clerk when this law was drawn up and enacted.

During his terms in office, he also issued permits in violation of the law. She said that she felt that if the

previous Town Clerk had enforced the law, she would have been aware of it.

Councilman Taliman made a motion, seconded by Counciiman Heller, to give the Operating Commercial

Haulers until August 1, 1988, to abide by the Landfill Local Law or refund their Commercial Haulers

license fee tc those who cannot abide by the Law. Supervisor Carpenter made a motion to give them 90

days to comply, there was no second. Delaney, Heller and Tallman were in favor of Councilman

Tallman's motion. Supervisor Carpenter abstained on the grounds that it is not sufficient time. Motion

carried.


WHEREAS at its last meeting this board took note of the vacancy on the Planning Board created

by the resignation of Kevin O'Brien, but did not make an appointment to fill the vacancy, now therefore

be it

RESOLVED that Clifton Mark is hereby appointed to the Planning Board to serve the remainder

of the unexpired term of office of Kevin O'Brien. Supervisor Carpenter made a motion to table this

resolution to interview some of the peopie.before making a decision There was no second to the

motion. The following vote was cast on the resolution as read:

Delaney - Yes, Heller - Yes, Philippi - Absent, Taliman - Yes, Carpenter - No, because the Board

has not interviewed all of the potential candidates.

Councilman Tailman said that he felt Mr. Mark was very well qualified because of his years

serving on the Zoning Board of Appeals, much better than a newcomer would be.

Councilman Delaney moved and Councilman Belier seconded .the following resolution:

WHEREAS the resignation of Pam Byrme has created a vacancy in the youth program staff, now

therefore be it

RESOLVED that MICHELLE COFFEY is hereby appointed to serve in the youth program for the

present summer season.


Delaney - Yes, Heller - Yes, Phiiippi - Absent, Taliman -. Yes, Carpenter - Yes.


WUEREAS, the Town of Sand Lake is operating a Housing Rehabilitation Program

with Small Cities Block Grant funding for the 1983/84 Fiscal Year under the Housing and Community

Development Act of 1974, as amended; and

WHEREAS, the Town of Sand Lake, has not yet spent all of the funds available under said Grant,

and wishes to expand the target area to be assisted with such funding;

NOW, ThEREFORE, BE IT RESOLVED, that the Town of Sand Lake hereby approves the cxpansion

of the target area under Fiscal Year 1983/84 BUD Small Cities funding to include all areas of the

Township, except for the Reichards Lake and Averili Park areas that are already served by the Fiscal Year

1986 HOD Block Grant Program, as further spelled out in the attached maps; and

BE IT FURTHER RESOLVED, that the said Bousing Rehabilitation Program shall continue to

operate without a change in regulations, except that only families with incomes under the BUD Section

8 income limits shall be eligible for assistance in the expanded target area, and

BE IT FURTHER RESOLVED, theTown Supervisor is hereby authorized and sign necessary

documents to obtain approval for such target area amendment.

The following vote was cast on roll call:

Delaney - Yes, BelIer - Yes, Philippi - Absent, Taliman - Yes, if there is a limit of income, Carpenter

- Yes.


WHEREAS The Town of Sand Lake has adopted Local Law #1 of 1987 entitled "Flood Damage

Prevention" effective October 14, 1987, and the Town desires to participate in the National Flood

Insurance Program (NFIP) based upon locally adopted and administered flood plain regulations;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Sand Lake hereby

authorizes the Town Supervisor to enter into a memorandum of Understanding with the Ney York State

Environmental Conservation, to transfer the responsibility for the administration of the provisions of the

National Flood Insurance Program from the New York State Department of Environmental Conservation

to the Town of Sand Lake.


Delaney - Yes, Belier - Yes, Philippi - Absent, Taliman - Yes, Carpenter - Yes.

Clerk Teal read the legal notice as it appeared in the Times Record Newspaper regarding the Fuel Oil

Bids. Four bids were received:

King Fuels $.59 per gallon #2 Fuel Oil

Foot of Main Street price includes freight, excludes taxes

Troy, New York 12180

Hart's Fuel Service, Inc. $.06 per gallon off posted retail price

456 West Sand Lake Road todays price is $.78 per gallon

West Sand Lake, N Y 12196 service provided

Bubie Enterprises Inc. $.5365 per gallon

Drawer B service provided

Poestenkill, N Y 12140

Lecrenbauer Gas & Oil Co., Inc. $.506 per gallon

P.O. Box 66 service provided

Averiii Park, New York 12018

A motion was made by Councilman Taliman, seconded by Councilman Heller, to accept the bid of

Legenbauer Gas & Oil Co., Inc. All were in favor.

Clerk Teal read the legal notice as it appeared in the Times Record Newspaper regarding the Highway

Truck and Components Bid.

One bid for each was received:

Howe Brothers Inc. $23,857.00 - Components

RD #6, Box 16

Troy, New York 12181

Delurey Sales & Service, Inc. $48,256.00 - Diesel Cab & Chassis

P.O. Box 61

North Hoosick, New York 12133

A motion was made by Supervisor Carpenter, seconded by Councilman Delaney, to accept the Bid from

Delurey for the Truck & Chassis and Howe Bros. for the Components pending the certification by Erian

Weiss, Highway Superintendent, that the equipment will in fact meet the specifications. All were in

favor.




Tailman, seconded by Councilman Heiler. All were in favor.

Councilman Tallman suggested that the Town advertise for the opening on the Zoning Board of Appeals,

and to also contact those who applied for the Planning Board position to notify them that the position

has been filled, and ask if they are interested in applying for the Zoning Board of Appeals position.

Supervisor Carpenter said that he would contact those people and that he will get something in

the Advertiser.

The meeting was then opened to those present. Susan Burke stated that she would have liked to have

heard Mr. Marks comments on his visions for the Town of Sand Lake. Mr. Mark had already left.

Attorney Breselor had left the building, so there was no need to go into Executive Sessior because

Attorney Bradley had not been informed of the status of the Maloy lawsuit.

Carolee Coffey asked if the residents could be kept informed also of the status of the Maloy Mine. She

said that the Supervisor had made a statement that if the residents would sign their names and

addresses, he would keep them informed. Supervisor Carpenter said that he had made up a mailing list

at his own cost and gave copies of that mailing list and they were thrown back in his face. Carolee said

that they had been handed to her, but she had no use for them and returned them to his office. Carolee

asked if the people want to be informed, should they return to the Town Board? She was told, not

necessarily.

Susan Burke stated that the people see trucks going in and out of the Maloy Pit all of the time, is

this not illegal? Supervisor Carpenter said that if his office or the Zoning Officer is given a call, a Stop

Work Order will be served. He has already been served one. Councilman Tallman told her that maybe

they ought to document the truck numbers and license plates.

Frank Allen informed the Board that there will be a meeting held in Town Hall tommorrow

evening with Attorney Breselor and the Maloy request wili be discussed.

Susan Burke recommended that maybe the Town Board should consider changing the legal

paper to the Times Union. She also added that there seemed to be a lot of political arguing going on

tonight and that upsets her because she feels that there more important things to worry about. She said

that in the future, we would be talking alot to each other and does not want anything that comes from

her to be viewed as an attack. Her main concern is for the Town.

Carolee Coffey asked if there was anyway that the people in her development could be kept

informed of any meetings concerning the Maloy Pit. She was not aware until tonight that there would

be a meeting tomorrow evening until Mr. Allen had informed the Board. Supervisor Carpenter said that

he had not been aware of it either. Mr. Allen stated that he had put the notice on the Supervisor's desk

two weeks ago. Carolee said that this was not a political issue, but probably the most important issue

that has come before the Town in years.




Joyce A. Teal

Town Clerk

Sand Lake, NY

TOWN OF SAND LAKE PARKING ORDINANCE

At a regular meeting of the Town Board of Sand Lake, New York, held in the Town Hall on the 13th day

of July, 1988, the following was voted on as follows:

MOVED BY Delaney Delaney Yes

Belier Yes

Philippi Absent

SECONDED BY Tallman Tallman Yes

Carpenter Yes

WHEREAS, the Chiefs of the Averill Park and West Sand Lake Fire

Companies have requested that the Parking Ordinance be amended to control parking on a number of

Town roads in order to facilitate the passage of fire and emergency vehicles, and

WHEREAS, after public hearing it appears that the adoption of these changes is in the interests of the

safety and well-being of the residents of the Town, as well as the fire fighters who serve them, now

therefore be it

RESOLVED, that the Parking Ordinance of the Town of Sand Lake, adopted December 9, 1987, is hereby

amended as follows:

SECTION A. Parking Restrictions is amended by adding three new paragraphs, to be numbered 9,10 and

11, to read:

1) There shall be no parking on either side of Crystal Lake Road from at its intersection with Route 66

east to its intersection with Miller Hill Road (County Route 48), a distance of .67 miles.

2) There shall be no parking on either side of Gettle Road from

its intersection with Route 43 east to its intersection with Route

66, a distance of .82 miles; provided, however, that parking is

permitted in designated areas adjacent to Butler Park.

3) There shall be no parking, except in designated parking areas, on Giass Lake Roadfrom Route 43 and

66 west to New York Telephone Pole 11, a distance of .30 miles and such area is designated a towaway

zone.

4) There shall be no parking on the south side of First Dike Road from New York State Gas and Electric

pole #L698 east to pole #L-69-2, a distance of .25 miles.

5) There shall be no parking on either side of Crystal Avenue.

6) There shall be no parking or standing on the south side of Second Dike Road from its intersection with

Lake Street-east to its intersection with Town Barn Road (County Road 45), a distance of .70 miles and

such area is designated a towaway zone.

7) There shall be no parking on either side of Teal Road from its intersection with Route 43 and 66 to

New York State Gas and Electric Pole #9, a distance of .4 miles.

8) There shall be no parking on either side of Creek Lane.

9) There shall be no parking on either side of the following roads at the specified iocations:

East Road, entire length

Forest Road, entire length

Fairfield Road, entire length

Bird's Hill Road, entire length

Creek Road, entire length

Snyder's Road, entire length

Grange Road, within 50 feet of its intersection with N.Y.S. ROute 43;

Stop 13 Road, between its intersection with N.Y.S. Route 150

and a bridge spanning the Wynantskiil Creek, approximately

400 feet from the said intersection;

Old Best Road, 100 feet beside a pond which is located approximately 400 feet north of the intersection

of Old Best Road with Parker Road;

Thais Road, between its intersection with Springer Road and a bridge spanning the Wynantskill Creek,

approximately 75 feet north of the said intersection;

Springer Road, within 75 feet west of its intersection with Thais Road;

Garner Road, within 25 feet of either end of a bridge spanning the Wynantskill Creek, at the border

between the areas served by West Sand Lake and Averill Park Fire Companies;

Firehouse Lane, within 120 feet of its intersection with N.Y.S. Route 43;

10) There shaliThOinbu'parkingon one side of the following roads, as follows:I

Meadow Road, no parking on west side

Algonquin Road, no parking on east (lake) side

Seneca Road, no parking on south side

Rutherford Road, no parking on south side

Turn About Road, no parking on south (lake) side

11) There shall be no parking within 25 feet along the roadway of a fire hydrant. The area within 25 feet

of any fire hydrant is designated a towaway zone.

B. Snow Emergencies

1) There shall be no parking along any town road during any snow emergency.

2) A snow emergency shall exist when two or more inches of snow has accumulated and has not been

plowed on any such road.

C. Definitions

1) Where parking is prohibited by this ordinance, no person shall park a vehicle, whether occupied or

not, but may stop temporarily to load or unload merchandise or passengers.

2) Where standing is prohibited by this ordinance, no person shall stand or park a vehicle, whether

occupied or not, but may stop temporarily toreceive or discharge passengers.

D. Violations

1) Each violation of this ordinance shall be punishable by a fine of twenty-five dollars ($25).

2) Whenever a police officer finds vehicle or trailer parked in an area designated as a towaway zone, he

is authorized to cause such vehicle or trailer to be removed to a garage, automobile pound or other

place of safety. The owner or other person lawfully entitled to the possession of such vehicle may be

charged with the reasonable and actual cost for removal and storage, payable before the vehicle or

trailer is released.

D. Signs

1) The parking restrictions contained in this ordinance shall be posted in accordance with State

regulations.

E. Effective Date

This ordinance shall be effective ten days after publication of a summary thereof in the TIMES RECORD

NEWSPAPER and upon posting of signs in accordance with Article D.

We, the undersigned residents of the Town of Sand Lake, are opposed to the parking regulations that

have been proposed by the Town's fire chiefs, which would allow no parking on the following town

roads: Meadow Road, East Road, Forest Road, and Fairfield Road. We understand that the fire and

rescue departments need access to our homes to protect and serve us, and are thankful for their efforts.

The proposed ordinance, however, is over restrictive. Because the lot size of the properties affected is

so small, this ordinance would unnecessarily prohibit the residents from having service vehicles or

guests come to their homes. In order to meet the needs of the residents and the fire and rescue

departments, we suggest that the Board pass a parking urdinance that would prohibit parking on either

side of the road, twenty-five feet from the intersections of Burden Lake Road and East Road, Sheer Road

and Meadow Road, Meadow Road and East Road, Meadow Road and Forest Road, and Meadow Road

and Fairfield Road.

Respectfully,


JULY 27, 1988

The Special Board meeting of the Town Board of the Town of Sand Lake was called to order by









Attorney Bradley - Present

Others present were: Mr. & Mrs. Justin Schultz, Rocco Fish, Pat Adelska, Mary Hilt, Art Mardon, Joseph

Sour, Craig & Joann Dobert, David & Stacy Teidman, Marty Ormsby, Mark Brewer, Marshall Benson, Ron

Benson, Don Benson, Brian Smith, Joseph Warren, Joseph Flanagan, Cheryl McFarland, Barbara

Lipschultz, Brian Weiss, Joan Gross, Frank Fleming, John Paraso, Tom Williams, John kachadurian, and

others.

Supervisor Carpenter stated that this meeting is at the request of Rocco Fish, Fish Enterprises, who

wishes to address the Board regarding the Landfill Ordinance. A petition with approximately 125

signatures was received July 23, 1988.

Mr. Fish questioned why this law was passed in 1969? Supervisor Carpenter told him, that according to

Joseph Warren, it was to cease the littering of the roads; Mr. Fish asked why the law has not been

enforced down through the years. He stated that his truck is covered with a tarp at all times. He stated

that he cannot afford a compactor truck at this time. What will happen to his customers? Feels that the

Board is limiting their choice.

Supervisor Carpenter asked Marty Ormsby if the ordinance is in the best interest of the Town or

its' residents? Is a packer type truck an advantage? Marty answered, No.

Ron Benson stated that a compactor type truck takes the guesswork out of the rate schedule.

He added that Dobert has now complied with the ordinance and has a compactor.

John Paraso stated that he felt that a yard is a yard is a yard. Mr. Fish picks up his garbage and

he is very happy with the service.

Tom Williams said that it should be up to the hauler as to what they charge. Would like to see

the ordinance amended.

John Icachadurian asked if the Town has a anti-litter law? He was told, No, but that the State

does. Mr. kachadurian said that he felt the that the Town should have one.

Justin Schultz stated that he felt that the law was unfair because it does not control other open

vehicles.

Craig Dobert asked, how come this law has never been enforced in 19 years and yet the Board is

only giving us 12 days to comply? Also, what about a roll-off type truck? Marty Ormsby said that this

could be a whole new ballgame.

Marty Keyho, attorney for the Bensons, stated that no one wants to put anyone out of business,

nor put a burden on the residents, but that the impact of the new charges have put a whole different

outlook on the enforcement of the law.

Joann Dobert stated that she thought that this meeting was to study an amendment to the law.

Lois Schultz asked when Benson Bros. obtained their compactor. She was told that they have

had one since the early fifties. Mrs. Schultz added that she thought that the other haulers should have

more than two weeks to comply.

A resident stated that if the life of the landfill is only for a couple of years, a compactor type

truck would become obsolete.

Don Benson stated that we will always have trash, so therefore, compactor trucks will not

become obsolete.

Supervisor Carpenter referred to Section 8 & 9 of the Law and questioned whether the Town

Board had the right to order compliance to the law. He asked Attorney Bradley to interpret those

sections.

Dave Teidman stated that he felt that it should be up to the individual as to what type of

equipment they use.

Ron Benson stated that he pays dearly for the convenience of a compactor and to comply with

the law.

Marshall Benson asked Craig Dobert, now that you have purchased a compactor, if you had a

choice, which type of vehicle would you use? Craig told him that he would get rid of the compactor

because the expenses are greater to operate the bigger equipment.

Don Benson said that Mr. Doberts statement proves that the core of the issue is the unfairness

of the rates charged.

Attorney Bradley returned with her interpretation of the Landfill Local Law, Section 9: Attorney

Bradley stated that you cannot find them in violation nor can you revoke their permits until after a

public hearing has been held. The motion that the Board passed on July 13, 1988 was in violation of

Section 9 of the Local Law.

Supervisor Carpenter asked Attorney Bradley, what would be required in order for the Board to

find him in violation? Attorney Bradley answered, that he would have to have his day in court.

Councilman Tailman stated that the Board gave them an extension until the end of July. Actually

if the Board had not done anything on the 13th, they would have been in violation on the 14th, the next

time that they pulled into the Landfill, because the ordinance states that you must have a compactor.

Taliman stated, that what the Board was doing, was giving them some time to see if they wanted to

comply.

Supervisor Carpenter said that the motion on July 13th, stated that if they did not comply, we

would pull their permit and he believed that there was conversation, whether it was part of the motion,

to refund their permit fee.

Supervisor Carpenter made a motion, seconded by Councilman Philippi, that this Board give a Ninety

(90) day extension for the Board to review the existing ordinance and, if unchanged, to hold a public

hearing for the revocation of the permits for those found in violation. Councilman Delaney made a

motion, seconded by Councilman Belier, to amend the motion to also read that for the duration of the

Ninety (90) day extension, that compactors pay compact rates and loose pay loose rates for yardage

dumped. Delaney, Heller, Philippi and Tallman were in favor. Carpenter abstained on the amendment as

amended. All were in favor as amended.

A motion was made by Supervisor Carpenter, seconded by Councilman Heiler, to adjourn the meeting at



Joyce A. Teal

Town Clerk


AUGUST 10, 1988





Councilman Helier - Present






Others present were: Russell Bennett, Linda Reynolds, Art & Bernie Mardon, Lena Goodermote, Doris

Shaver, Mary Monch, Mr. & Mrs. William Deyo, Charlotte & Bill Foster, Connie Burkart, Ron Sinico, David

Cobden, Kevin Teal, Joseph Warren, Tim & Linda Warren, Joann Cole, Elmer Smith, Stu Lipschultz, Frank

Fleming, Flora Fasoldt, Paul Weiss, Brian Weiss, Peggy Canole, Angelo & Sue Patti, Marilyn Lafleur, Darin

Teal, Brian Hunt, Mike Rohloff, Nancy Kelley, Mary Hilt, Ernie Hoffman, Barbara Martinage, Frank Allen,

Carla Engwer, Charles Graber, Peg Weiss, Joel Hunt, Justin Schultz, Barbara Biitig, Barbara Lipschultz,

Representatives from Bowman Lake Asso., and others.

The Public Hearing regarding the proposed amendment to the Town of Sand Lake 1983/84 HUD Small

Cities Community Development Block Grant was opened at 7:15 P.M. Clerk Teal read the legal notice as

it appeared in the Times Record Newspaper.

Supervisor Carpenter informed those present that the 1983/84 HUB Small Cities Block Grant

Program has been in operation for about four years. The Buffalo Office has been pressuring the Town to

close the program out and has given us a August 31st deadline to either close it out or return the unused

funds. At the July Board meeting, the Board resolved to expand the area which would include the entire

town with the exception of the Reichards Lake and Averill Park areas that are included in the 1986 H[JD

Grant Program.

Ron Sinico asked if the August 31st deadline meant that the peoples applications must be

submitted or processed or that the money must be spent; Will you be hiring extra personnel; Be stated

that he is on a waiting list and was told that it would be sometime next summer before his work would

be done. Supervisor Carpenter answered, the money has to be encumbered by the 31st; No, it probably

will not be necessary to hire extra personnel, but we have another individual helping with the write-ups.


A motion was made by Supervisor Carpenter, seconded by Councilman Delaney, to close the public

hearing at 7:30 P.M. All were in favor.

The Public Hearing for the purpose of considering the adoption of an ordinance to exclude the operation

of all mechanically propelled vessels on the waters of Big Bowman Pond was opened at 7:30 P.M. Clerk

Teal read the legal notice as it appeared in the Times Record Newspaper.

Supervisor Carpenter read the entire resolution and proposed ordinance as it will appear on the

business agenda.

David Cobden asked that the Clerk read the following letter from Clifton Mark who was unable

to attend tonights meeting:

To Sand Lake residents and Town Board:

I'm sure that you will be fully informed by the Big Bowman Pond residents attending the

meeting why it is necessary to prohibit mechanically propelled vessels on the lake. Still, I wish to

reiterate the most important issue -safety. The issue of safety concerns not only swimmers, but, also any

potential operator of a mechanically propelled vessel. The lake is too small, too shallow, and too rock

strewn to safely operate a motorized vessel, except within a very Ltmited area of the lake. This limited

amount of navegable water also encompasses most of the swimming area. The danger to all users of the

lake is obvious upon observation. I've attached an article from the Wall Street Journal, explaining the

potential safety hazards that will exist whenever powered vessel operators and other users have to

crowd into a limited area.

Please, enact this ordinance to avoid the consequences that can occur.

Attorney Breselor voiced a concern from a resident who has a peddle boat - would this be

prohibited? David Cobden stated that it was never the intention of the Asso. nor this ordinance to

prohibit the use of paddle boats in any way, shape or form. What the Asso. is trying to prohibit is any

type of motorized or mechanically propelled vessel that is other than human powered. Attorney

Breselor asked whether it was necessary to include the word machanically in the ordinance? David

stated that he would rather see "human power excluded" added to the ordinance.

Ron Sinico stated that the Reichards Lake Asso. supports the Bowman Pond Asso. proposed

ordinance.

Councilman Tailman stated that at last months meeting, Attorney Bradley seemed to think that this

ordinance would be illegal to do. Is it now legal to have a ordinance to eliminate the use of motorized

vehicles? Attorney Breselor answered, that it would be up to the Department of Parks and Recreation.

Councilman Tailman asked if it would make any difference if it was a local law or an ordinance? Attorney

Breselor said, Yes, it might. The Town can adopt laws either by ordinance or by local law. The ordinance

power is specifically laid out in the Town Law, the local law power is more general and the cases have

said it specifically includes the power to supercede, that is, to overrule the Town Law. So, it seems pretty

clear, that by local law, we might have a better shot, but this thing started as an ordinance and was

petitioned and was circulated, this was the choice that everybody settled down on. Councilman Tallman

asked, if this is passed, who would be the enforcement body that would enforce this? Attorney Breselor

answered, the same person who enforces the parking, open container law, noise ordinance, which is to

say, the Sheriffs or the Police are available. Councilman Taliman stated that if we have an ordinance and

we can't enforce it, it is just a waste of paper, that's why I asked that question.

Councilman Belier asked, If we pass this ordinance this evening, then you will contact Parks and

Recreation? Attorney Breselor answered, we will submitt a copy to them for approval. Councilman

Heller asked, if they don't approve it, then what? Attorney Breselor answered, their failure to approve it,

doesn't make it go away, but would make it harder to enforce.

A resident asked, what about giving the authority to enforce the ordinance to someone else,

such as a member of the Association? Supervisor Carpenter said that he didn't know how much

authority a private security group would have, it would be a legal question.

Russ Bennett stated that if Parks and Recreation approves the ordinance, then the St. Police or

Sheriff's Dept. can be called and they would issue appearance tickets to appear ahead of the Town

Justice. If its not approved, then there is a problem.


A motion was made by Councilman Philippi, seconded by Councilman Heiler, to close the public hearing


The minutes of the July 13th and July 27th, 1988 were approved as written on a motion made by

Councilman Tallman, seconded by Councilman Delaney. Councilman Tallman requested that the record

show that Attorney Bradley misinformed the Board at the July 27th, 1988 meeting when she stated that

the Board was in violation of the Landfill Local Law, Section 9 when they passed the motion to give the

Operating Commercial Haulers until August 1st, 1988 to abide with the Landfill Local Law or refund their

license fee to those who cannot abide by the Law. The Board did not revoke their permits.

Town Clerk's report was read and approved on a motion made by Councilman Delaney, seconded by

Councilman Tallman. All were in favor.

Supervisor Carpenter reported: Regarding finances, unfortunately, we are still having a bit of a problem

getting the finances up on the computer. He has engaged the services of George Provost to remedy the

situation. Part of the problem with the computer input was some misunderstandings in the transfer of

the information from the manual system; Burden Lake area has had some problems with the sewer

equipment. He asked the residents to contact the Town if another problem arises.

Committee reports: Attorney Breselor reported: James Maloy lawsuit - we have filed our answering

papers this week; Taiarico vs the Town has been resolved with the help of the Zoning Board of Appeals.

Councilman Philippi reported: Senior Citizens has a very busy month - took advantage of the

transportation grant and went to Thacher Park; Celebrated their 12th year with a party at the Averill

Park Fire House; Still hope that we may obtain a piece of property for the Senior Housing in the future

with some kind of funding.

Councilman Delaney reported: Beach has been inspected and there were no violations; A special thank-

you to the Reichards Lake Asso. and the Town Highway Dept. for their help in cleaning the sand; Repairs

have been made at the Butler Park facility; Kiwanis Club will, be holding a softball tournament August

20-21 at the Park; A Victorian Picnic and Fair will be held at the Park on August 20th, sponsored by the

Sand Lake/Poestenkiil Council of Arts; Requested that Highway Personeil/Structural problems be placed

on the executive session agenda. Supervisor Carpenter stated that he is the chairman of the highway

committee and none of this has been discussed with him. He said that he has a meeting scheduled

tomorrow morning with the Highway Superintendent to discuss the resignation of one of the highway

workers. If the Highway Superintendent has some problems that they can't work out, then we can bring

in the Board. There are very specific reasons for holding of an executive session. Supervisor Carpenter

said that he questioned whether or not there is a valid reason for an executive session.

Councilman Belier had no report on street lighting and the Library appears later on the agenda.

Connie Burkart gave a detailed report on the Summer Camp Program. There was a very nice display of

the projects that the children had completed set up in the back of the main hali.

Councilman Taliman reported: Cable TV - last month we had a very lengthy meeting and the next day we

found out that wewere not televised. The technician couldn't explain why not, but tonight, according to

the monitor, we are, hopefully. No progress report on the requested extensions; insurance - Public

Officials Liability Policy has been rewritten. Gave this to Supervisor Carpenter and requested that a copy

be given back to him.

Supervisor Carpenter read the Building/Zoning Officers report; Read the Highway Superintendents

report and requested that the Superintendent give him a report on the incident on Barnes Road.


Due to the power outage, the Town Board meeting was recessed at 8:45 P.M. to be reconvened at 7:30

P.M., August 11, 1988, on a motion made by Supervisor Carpenter, seconded by Councilman Belier. All

were in favor.


AUGUST 11, 1988

The Town of Sand Lake Board meeting was re-convened at 7:30 P.M. following a 22 hour recess.

The meeting was then opened to those present. Linda Reynolds asked for the Board's permission to

dispense alcoholic beverages at the Town Park on September 10, 1988 or, in the event of inclement

weather, on September 11, 1988.

Councilman Tallman made a motion, seconded by Councilman Delaney, to waive the procedural rules

and place this request on the agenda for some time later tonight because it has to acted on 15 days

prior to the event. All were in favor.

No one else wished to be heard at this time.

Business: Supervisor Carpenter moved and Councilman Delaney seconded the following:

WHEREAS Big Bowman Pond in the Taborton region of the Town of Sand Lake is only

approximately 30 acres in size, being 2500 feet in length and 900 feet in width at its longest and widest

points, and

WHEREAS historically, and at present no motorized boats or vessels are used on this body of

water, and a "gentlemen's agreement" to this effect has been in existence for as long as residents of the

region can remember, and

WHEREAS by virtue of its size and its shallow and variable depth, the recreational use of the

pond is incompatible with motorized craft, and

WHEREAS the health of residents of the Town would be jeopardized and placed at risk by the

use of motors on this pond because a number of residents use its water for drinking and household

purposes, and studies have shown that the exceptionally good quality of this water makes it suitable for

this purpose, and

WHEREAS the predominant recreational uses of the pond such as swimming, sailing, rowing,

canoeing, scuba and snorkel diving, etc. would make those enjoying these activities unsafe and at risk if

mechanically propelled vessels were allowed to be present, and

WHEREAS although the Town is blessed with many lakes and streams, Bowman Pond is unique

•because of its size, location, fragile eco-system, and the quality of its waters, and it has been

recognized by independent experts as an intact mountain pond habitat, vulnerable to disturbance and

the introduction of aquatic life often carried by motorized craft, and

WHEREAS the Bowman Lake Association, Inc., and the vast majority of owners of property

abutting the pond have requested the adoption of an ordinance prohibiting the use of motorized boats

or water craft, now therefore be it

RESOLVED the Town Board of the Town of Sand Lake hereby adopts and enacts the following

"Bowman Pond Ordinance":

"BOWMAN POND ORDINANCE"

The body of water commonly known as Big Bowman Lake or Pond is hereby recognized and

designated as a unique ecological and human resource of the Town of Sand Lake, and, in order to

protect this resource, and the health, safety and welfare of the people of the Town, the following rules

shall govern its use:

No motorized or mechanically propelled vessel or water craft shall be operated on the waters

thereof.

After due discussion, a motion was made by Supervisor Carpenter, seconded by Councilman

Belier, to amend the ordinance by adding the following: "The term `mechanically propelled vessel' shall

be deemed to mean and include a vessel having a source of power other than propulsion by wind

propelled sail of human propelled oar or paddle. The term shall also include a craft temporarily or

permanently equipped with a detachable motor, commonly known as an òutboard' motor boat. All

were in favor.

The following votes were cast on roll call on the ordinance as amended:

Delaney - Yes, Belier - Yes, Philippi - Yes, Taliman - Yes, Carpenter - Yes.

A motion was made by Councilman Delaney, seconded by Councilman Helier, to waive the procedural

rules and add to the agenda an executive session concerning Highway Department Personell problems.

Delaney, Belier, Tallman in favor. Philippi, Nay.

The Sand Lake Library Presentation was not given by the Board of Trustees because of the meeting

being recessed last night due to the power outage. The Board could not make it back tonight.

Councilman Helier distributed the Library report. This becomes a permanent part of these minutes.

There will be a open house held at the Library on August 18, i988, at 7:00 P.M. The public is invited to

attend. Councilman Heller also stated that the Trustees extend their thanks to the Board for their

support and commitment in the past year and hopes that it will continue into the next year.


RESOLVED that KENNETH VAN PRAAG be and hereby is appointed chairman of the Planning

Board of the Town of Sand Lake.


Delaney - Yes, Heller - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes.


A RESOLUTION of the 11th day of August, 1988 authorizing the issuance and sale of bond

anticipation notes of the Town of Sand Lake, Rensselaer County, New York not exceeding Five Hundred

Thirty Thousand ($530,000) Dollars to renew bond anticipation notes presently outstanding. The

resolution in its entirety becomes a permanent part of these minutes. The following votes were cast on

roll call:


Councilman Tallman moved and Councilman Delaney seconded the following resolution:

WHEREAS the Supervisor has requested and received proposals from Certified Public

Accountants to perform the Single Audit of the Town's books and records for calendar year 1987, and

the Board has reviewed the proposals so received, now therefore be it

RESOLVED that the proposal of Marvin and Company is hereby accepted, and the Supervisor is

authorized and directed to enter into the appropriate contracts on behalf of the Town. The following

votes were cast on roil call:

Delaney - Yes, Heiler - Yes, Philippi - Yes, Tailman - Yes, Carpenter - Yes.

Supervisor Carpenter moved and Councilman Heiler seconded the following resolution:

WHEREAS, as time passes, we often forget, or take for granted the talents and hard work of

people we know.

When Madolyn Carpenter was appointed Sand Lake Town Historian in 197 , she was given

a small box of clippings and papers. From this, she created the Town Historian's Office,

a historical collection and a library. She has spent uncounted hours answering letters

and working with both local and out-of-town people checking local histories and cemetery

records.

She is a charter member of the Sand Lake Historical Society. Her research has been invaluable

for the Society's House Tours, Sand Lake History pages and programs.

She has written regular articles on local history: The Buildings, The People, and The Legends,

which have been published in THE ADVERTISER under the title, "Sand Lake Town Historian News".

Madolyn has served as Historian for the Sand Lake Baptist Church since 1966. History has been

only a small part of the service she has given to her church. A former Trustee, she has held other offices,

planned and chaired dinners, strawberry festivals and Christmas Bazaars.

For her services as co-chairperson of the Sand Lake Bicentennial Commisssion, the Lt. Perry

Williams Post, Veterans of Foreigh Wars of West Sand Lake, awarded her their `Good Citizen's' medal for

1976.

Madolyn is a member of the Fort Crailo Chapter, Daughters of the American Revolution, where

she serves as Chapter Registrar, working with potential new members on their geneo- logies.

Mrs. Carpenter has written a story entitled "Little Chair Horton" about a hand-made child's chair

and the loving hands that made it. The chair was passed down in her family for almost a hundred years.

She was presented with the 1985 D.A.R. National Heritage Writers Award for her story on the chair.

Madolyn Carpenter is also a member of the Association of Municipal Historians of New York

State.

Many former students of the Miller Hill School will remember her as the school secretary and

assistant to Mrs. Marguerite Clark.

Mrs. Carpenter has brought history to life for the students when she speaks to classes about

local history.

She has written two histories on the Sand Lake Baptist Church and its members, The Horton

Geneology, and in 1979, "Reviews and Reminiscences, A Brief History of the Town of Sand Lake".

She has cataloged the Cemetery Census for the Town of Sand Lake. Now, therefore be it

RESOLVED that MADOLYN CARPENTER be recognized by designating SEPTEMBER 11, 1988, as

MADOLYN CARPENTER DAY in the Town of Sand Lake.



The Burden Lake Association requested to be placed on the agenda because of their concerns regarding

the size of the culvert that has been installed on Second Dyke Road.

Frank Maier complained that the new culvert is smaller than the old opening, boaters can't

make it through; feels that the town is taking away the luxury of living on the lake, which now has

devalued his property; feels that the water flow will be a problem; Association recommends that the

culvert be replaced with a larger one; Bolts sticking out are damaging the boats. The bolts are 4 to 5

inches long.

Joe Bell stated that he felt that the project was poorly planned.

Justin Schultz said that EN CON wouldn't allow a smaller opening than before. He said that he

knows of several boats that can now make it through that could not before; Feels that what is in place

now is adequate; It is illegal for the Town to spend the tax-payers money for the navigation of boats.

Craig Cioffi stated that he can get his boat through the culvert with no problem. Does not want a

larger culvert installed, keep the boat sizes down.

Joe Adelska said that the residents on the 3rd lake do not want anyone else on their lake.

Paul Weiss, Town Engineer, reported that he has checked out the culvert and he feels that the

present culvert is adequate for the water flow and the passage of boats.

Angelo Patti gave the Board a copy of some suggestions from a Mr. George Heller who coulid

not be here tonight. They become a permanent part of these minutes. Angelo added that he felt that

since the lakes are one of the towns natural resources, they should be made available to everyone in

town. He suggested that a workshop be held and that the Board members visit the site and see if there

is a problem.





Counci]man Tallman questioned the Supervisor's authority to order the Highway Department to cease

using the trucks on a 24 hour basis. Supervisor Carpenter stated that he had received copies of the EPA

regulations regarding the use of sewer equipment purchased with 87½% Federal Grant money, cannot

be used for any other purpose in the town except sewer. The second truck has been seen parked in

Stephentown, and he has received calls on this. He had that truck parked, because, he did not feel that

the town should not provide transportation for town employees for personal use.

Councilman Tallman stated that this is a Town Board decision, not a Supervisor's, not a chairman

of a committee, but a Town Board decision. Tallman said that he felt that the Supervisor had

overstepped his authority on this matter. It has been past practice since 1969 that the Highway Foreman

has the use of a truck since he is on 24 hour call. Tallman asked that the Supervisor recind his order,

because he was out of order. Taillman asked Attorney Breselor if he was correct in his interpretation of

the jaw. Attorney Breselor answered, Yes, Councilman Taliman was correct. Attorney Breselor stated

that the Supervisor's order is not binding on the Highway Superintendent. The Highway Superintendent

has the right to have the trucks used in any way that he sees fit.

Supervisor Carpenter raised the question as to whether the use of a town truck is deemed

personal and is considered taxable to the person who uses it. Attorney Breselor will research this and

report back.

Councilman Tallman said that he had learned that the Supervisor had ordered a highway worker to

water down Roaser RQad and Second Dyke Road with the Sewer Water Truck.

Supervisor Carpenter said that that was correct. It was back in July and he had received calls that

the roads were dusty. He called the Highway Dept. after 3:30 P.M, they had left for the day. He

contacted Tim Warren and asked if there was any calcium that could be put on the road. Tim said that it

was all gone, but that the sewer truck had a full load of water on it. Supervisor Carpenter told Tim to

take it up and water down the road. At the time, he said that he was not aware of the EPA regulations,

he is now and will not do it again.

Councilman Tallman presented a resolution regarding the responsibility for maintenance of the Sewer

District for the Board to study which he will place on next months agenda.

A motion was made by Councilman Heller, seconded by Councilman Delaney, to waive the procedual

rules and place a resolution on the agenda. Delaney, Heller and Taliman were in favor. Philippi and

Carpenter, Nay.

Councilman Heller moved and Councilman Tallman seconded the following resolution:

RESOLVED to recind the May 11, 1988 resolution regarding the sewer maintenance. The

following votes were cast on roll call:

Delaney - Yes, Heller - Yes, Philippi - No, Tallman - Yes, Carpenter - No, because this Town entered into

an agreement with EPA for grant money and part of that agreement requires a maintenance program

and he also has been advised by the engineering firm that this town is long overdue for a maintenance

program.

Councilman Tallman asked Attorney Breselor if he researched the Highway Superintendents request for

reimbursement and was the request legitimate. Attorney Breselor answered, Yes, the request was

correct.

Councilman Tallman stated that he was hoping to have a budget print-out by tonight. He had requested

one a couple of months ago. Tallman said that he wanted to check out line items on certain personnel,

because a couple of months ago, according to the print-outs, there were some people that were almost

overdrawn at that time. We are seven months into the year, and the Board still doesn't known where

they stand.

Supervisor Carpenter told him that if he would like to stop in at his office, he would be glad to

give him an explaination on how these various salaries are being drawn down. At this time there are no

salaries overdrawn.

Councilman Heller asked if the salaries were exactly as stated in the budget? Supervisor

Carpenter told her, Yes. Understand that he has certain discretionary appointments and they carry a

budget. He said that he had discretionary budgets and that is where the money is coming from.

Supervisor Carpenter said that he would have a computer prInt-out on the budget by August 16, 1988.

Councilman Tallman moved and Councilman Heller seconded the following resolution:

BE IT RESOLVED that, in accordance with the provisions of Local Law No.2 of 1980, the Town

Board hereby grants permission to the Sand Lake Democratic Committee to dispense alcoholic

beverages at Butler Park on September 10 or, in the event of inclement weather, on September 11,

1988, provided, however, that permission is contingent upon such Committee securing and forwarding a

copy to the Town Board a permit from the Alcoholic Beverage Control Board. A motion was made by

Councilman Tallman, seconded by Councilman Helier, to amend the resolution to include permission

given to the Sand Lake Kiwanis Softball Tournament to be held August 20 & 21, 1988.



Mr. Joseph Winnicki, represented by Michael Banks, came before the Board to request reimbursement

of surveying costs in the amount of $2,350 done on his property located on Chamberlain Road Ext. Mr

Winnicki is claiming that when the Town widened the road, they removed his original property markers

and that they took his property without compensating him. Michael Banks, who is purchasing property

from Mr. Winnicki, feels that because the property markers were removed, his surveying costs were

more than they should have been.

Brian Weiss, Superintendent of Highways, stated that the Town had received a request to

widened the road to accommodate the school bus. He said that everyone on the road was talked to long

before any work was started, and that Mr. Winnicki was there every step of the way. The property

markers were there when the lob was started, and were there when the lob was completed.

Michael Banks wanted the record to show that the person who requested that the road be

widened, was not a property owner. He also said that it was impossible that the property markers were

there when the lob was completed.

The Board asked that the Town Attorney and the Town Engineer study the situation and try to

determine what we had as a road before, and what we have now. They will report back to the Board.

The meeting was then opened to those present. Frank Fleming asked who is the sewer clerk and is there

another sewer clerk? Supervisor Carpenter answered that Joanne Cole is the Sewer Billing Clerk, Linda

Warren is the Sewer Clerk.

Joseph Warren stated that the legal notice regarding the Budget was not legal. He feels that the

1988 Budget that the Board is working with is not legal. He also complained about the Town Clerk's

salary being too much. Joe stated that Brian Weiss filled Councilman Heller's swimming pool while on

Town time. Councilman Heller stated that Joe must have made that one up because she does not have a

pool at this time.

Frank Fleming read the letter that Supervisor Carpenter sent to the District Attorney,


The Board then went into Executive Session regarding Highway Department personnel problems, no

action to be taken, at 10:30 P.M.

The Board returned to the open meeting at 11:20 P.M.

A motion was made by Councilman Tallman, seconded by Councilman Delaney, to adlourn the meeting



Joyce A. Teal

Town Clerk


AUGUST 25, 1988

THE Special Board Meeting of the Town Board of Sand Lake was called to order by Supervisor

Carpenter at 7 P.M. at the Town Hall, Sand Lake, N.Y. The following answered roll call:

SUPERVISOR CARPENTER- Present

COUNCILMAN PEJILLIPPI-Present

COUNCILMAN DELANEY - Present

COUNCILMAN TALLMAN -Present

COUNCILMAN HELLER - Present

DEPUTY CLERK MARDON -Present

ATTORNEY BRESEWR-Present

The purpose of the Special meeting was to update the Town Board as to the status of the

lawsuit brought against the Town of Sand Lake by the Maloy Company. Attorney Breselor brought the

Board members up to date with a report on the progress of the suit to date. He said that the Maloy

people were asking for $ 1,000,000 in damages, but that this was a standard amount in proceedings of

this sort. He said that the lawsuit was likely to last for a period of two years, and he reconnended that

the town retain additional counsel for its part in the lawsuit. The Town has also been served with a

show-cause order, returnable by next week.This is because the Maloy Company received from Judge

Pryor a stay, restraining the Town from enforcing its ordinance. This stay was granted without prior

notice to the town. This creates a tremendous amount of pressure on the Town to resolve the matter as

quickly as possible. BY the end of the sujuner mining could conceivably begin again, whether under the

old permit or the issuance of a new one.

A member of the audience asked if Judge Pryor had the right to override town law. Attorney

Breselor answered Yes, but the Town could also go before Judge Pryor and appeal his ruling. Following

several other coments by the persons in attendance, Attorney Breselor stated that under the

circumstances, our ordinance no longer has any effect unless further litigation takes place to get it back

in effect. The Board then recessed for a brief period in order for Attorney Breselor to contact George

Carpinello and Cheryl Mugno as to their availability to assist him in presenting the Town's case.

WHEN THE Board reconvened, The following resolution was moved by Supervisor Carpenter and

seconded by Councilman Phillippi:

RESOLVED:

That George Carpinello and Cheryl Mugno, Esqs., are hereby designated to serve as Deputy

Town Attorneys to represent the Town Of Sand Lake in any actions or proceedings brought by or on

behalf of James H. Maloy, Inc., to serve without compensation and at the pleasure of the Town Board. In

addition to any other duties, such deputies and the Town Attorney shall keep this board apprised of the

status of their work, and shall not enter into any settlement or agreemenL without the approval of this

Board. They shall also consider and make reconmendations to this Board concerning the retention of

special counsel in connection with these matters.

The following vote was taken on roll call: Delaney-Yes Fleller-Yes Phillippi-Yes Tallman-Yes Carpenter-

Yes

There being no further business, the meeting was adjourned at 9:15, upon a motion by

carpenter, second by Heller. All were in favor.

RESPECTFULLY SUBMITTED,

Art Mardon, Deputy Town Clerk


SEPTEMBER 14, 1988











Others present were: Linda Reynolds, Martha Senecal, Art & Bernie Mardon, Marilynne Whittam,

Barbara Lipschultz, Brian Weiss, Justin Schultz, Joseph & Patricai Adelska, Meg Distell, Joseph Warren,

Bill Foster, Eve Rebasso, Mr. & Mrs. Joseph Winnicki, Michael Banks, Linda & Tim Warren, Michael

Rohloff, Jeanne Stinson, Frank Maier, Rocco Fish, Susan Burke, Frank Fleming, Flora Fasoldt, Walter

Howard, George Breigle, Chris Kronau Russell Bennett, Carolee Coffey, James Smyth, Mark Cioffi, Richie

Palmer, Ron Sinico, Paula Hernick, Mary Hilt, Elmer Smith, Lynn Balwin, Donald Benson, Thania Bradley,

Angelo Patti, Craig Cioffi, William Cioffi, Lyndon Cipperley, Joanne Dobert, Richard Kempter and others.

The minutes of the August 10-11th and August 25th, 1988 were approved on a motion made by

Councilman Tallman, seconded by Councilman Delaney. All were in favor. (Clerk Teal advised Supervisor

Carpenter that he was welcome to listen to tapes concerning the statements that he said he did not

make.)

Town Clerk' s report was read and accepted by the Board.

Supervisor Carpenter reported: Thanked the Lighthouse Pub Softball team for their donation of $100 to

the Town for the use of the bailfield; Letter from Coulman Westcott, Assessor, regarding his challenge of

the State Equalization Rate; Received a $6,788 credit from the Health Insurance for

individuals/employees that were not on the payroll in 1986-87; Distributed to the Board copies of the

financial reports; Budget transfers appear later on the agenda.

Committee reports: Councilman Tallman reported nothing new on Cable TV and Town Insurance

appears later on the agenda.

Councilman Heller reported: The Street Lighting on Wildwoed Heighs and Middle Court has been held up

because the poles are on special order. As soon as they come in, NYSEG will proceed with the work;

Asked to have the procedural rules waived to place on the agenda an appointment to the Library Board

of Trustees.

A motion was made by Councilman Heller, seconded by Councilman Tailman, to waive the procedural

rules for the purpose of adding an appointment resolution to the agenda. All were in favor.

Councilman Delaney reported: Had a very successful summer program; Upcoming events are

Rollerskating for grades K-B, two teen dances, trip to the egg to see Ònce Upon A Mattress', and a trip

to Lee, Ma. for a ride on the Berkshire Historical Railroad; Youth Commission will be meeting next

month, anyone with new ideas or suggestions, please contact any member or Connie Burkart.

Councilman Philippi reported: Senior Citizen Committee on Housing, some new avenues of grants

available. Will investigate this further; Will be working on the 1989 Budget with the Seniors.

Attorney Breselor reported: Checked with the EPA and the Sewer District pick-up truck can be leased

and used by the Highway Dept.; Concerning the Chamberlain Road Ext. problem, has not yet met with

the Town Engineer; Personal use of town vehicles has to be reported to the IRS as income; Borrowing

the money to cover the deficit will be tricky at best; Letter from Roth, Lurie, Noblis, Accountants who

were considered for the single audit, submitted a bill for $1,500. Would like to know if this an

appropriate charge; Sana-John, a firm retained for the 175th Anniversary, has been paid twice. They

have been contacted numerous times about this with no results. Will probably have to sue; Maloy

lawsuit status - two components, will report fully later on the agenda.

Highway report was given by Brian Weiss, Highway Superintendent.



Councilman Philippi requested that HOD submit a monthly report.

A motion was made by Supervisor Carpenter, seconded by Councilman Tallman, to waive the procedural

rules for the purpose of adding a resolution to the agenda to declare ConstituLion Week. All were in

favor.

The meeting was then opened to those present. Susan Burke asked, who prepares the budget and who

found the mistake in addition? Supervisor Carpenter answered, that the Budget Officer prepares the

budget and that he found the mistake in addition.

Frank Maier, representing the residents of the Burden Lake area, presented the Board with list

of reasons why his group feel that the culvert in the Dyke should be replaced. This becomes a

permanent part of these minutes.

Richard Kempter, representing the residents on the Third Burden Lake, presented the Board

with a petition containing 100 signatures objecting to the replacement of the culvert with a larger one.

They feel that the existing one is adequate.

A motion was made by Supervisor Carpenter, seconded by Councilman Delaney, that the Town Highway

Department proceed, as quickly as possible, to replace the existing culvert with a culvert pipe that is no

less than 7 Ft. high, at a cost not to exceed $4,000 for materials. Delaney, Heller, Philippi and Tallman -

No. Carpenter - Yes.

Joseph Warren stated that he would like to correct a statement that he had made last month concerning

the filling of Councilman Heller's swimming pool by the Highway Superintendent on Town time. Joe read

a letter of apology and this becomes a permanent part of these minutes. Councilman Heller accepted his

apology.

Walter Howard showed the Supervisor a letter that he had received from ENCON regarding a

stream that was moved a few years ago. It seems that the water flow is eroding away at the foundation

of his house.

Business: Councilman Heller moved and Councilman Taliman seconded the following resolution:

BE IT RESOLVED that Eugene S. Cardamone is appointed to the vacancy created by the

resignation of Robert Katz on the Town of Sand Lake Library Board of Trustees. Such appointment shall

terminate on December 31, 1989.



Supervisor Carpenter moved and Councilman Heller seconded the following resolution:

WHEREAS It is the privilege and duty of the American people to commemorate the two hundred

first anniversary of the drafting of the Constitution of the United States of America with appropriate

ceremonies and activities; and

WHEREAS Public Law No. 915 guarantees the issuance of a proclamation by the President of the

United States of America, designating September 17 through 23 of each year as Constitution Week,

NOW, THEREFORE, I, Robert Carpenter as Supervisor of the Town of Sand Lake do hereby

proclaim the week of September 17 through 23, 1988 as CONSTITUTION WEEK and urge all citizens to

study the Constitution, to express gratitude for the privilege of American citizenship in our republic

functioning under the superb body of laws the Constitution of the United States of America.




WHEREAS, the operations of the Sewer District may be most efficiently performed by regular

employees of the Highway Department and

WHEREAS, such activities must be coordinated with the operations of the Highway Department,

now therefore be it,

RESOLVED, that, in accordance with the provisions of Sections 32 and 208 of the Town Law, the

responsibility for maintenance of the Sand Lake Sewer District is hereby transferred to the Sand Lake

Highway Department.

BE IT FURTHER RESOLVED, That all costs and expenses incurred by the Highway Department on

behalf of the Sewer District shall be charged against such district and paid from the funds duly

appropriated for the purpose of such district and that the cost of any real or personal property,

equipment, material, supplies and personnel utilized jointly by the Highway Department and the Sewer

District shall be allocated on a ratio based upon the hours of service for each such item for sewer and

non-sewer purposes. In order to equitably apportion such cost, the Supervisor shall promptly establish a

list of the personal property, equipment, material, and supplies of the Sewer District and the cost of

each which has been paid or will be paid in the fiscal year, excluding any capital expenditure for items

having a useful life exceeding one year and including for any such items expenses for amortization over

a period equal to the maximum period for which a bond may be issued pursuant to Section 11 of the

Local Finance Law.


Delaney - Yes, Heller - Yes, Philippi - Yes, Taliman - Yes, Carpenter - No.


WHEREAS, Chapter 615 of the Laws of 1987 and Chapter 70 of the Laws of 1988 of the State of

New York provides financial aid for local resource reuse and recovery programs; and

WHEREAS, The Town of Sand Lake herein called the MUNICIPALITY, has examined and duly

considered Chapter 615 of the Laws of 1987 and Chapter 70 of the Laws of 1988 of the State of New

York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under

these laws; and

WHEREAS, It is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW

YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid;

NOW, THEREFORE, BE IT RESOLVED BY the TOWN BOARD OF THE TOWN OF SAND LAKE:

1. That the filing of application in the form required by the State of New York and in conformity

with Chapter 615 of the Laws of 1987 and Chapter 70 of the Laws of 1988 of the Statd of'New York is

hereby aUthorized including all understanding and assurances contained in said applications.

2. The SUPERVISOR is directed and authorized as the official representative of the MUNICIPALITY

to act in connection with the application and to provide such additional information as may be required

and to sign the resulting contract if said application is approved by the STATE.

3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Local Resource

Reuse and Recovery Program.

4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached

joint resolution relative to a joint Solid Waste Recovery and Management Project.

5. That the SUPERVISOR is authorized to prepare and send to the DIRECTOR, DIVISION OF SOLID

WASTE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ALBANY, NEW YORK

12233-4010, together with a complete application.

6. The intent of this BOARD is to apply for participation in this program subject to withdrawal of it's

application of participation if this BOARD finds it appropriate to do so.

7. That this resolution shall take effect immediately. The following votes were cast on roll call:

Delaney - Yes, Eleller - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes. Councilman Tallman moved and

Councilman Delaney seconded the following resolution:

WHEREAS, by resolution duly adopted December 9, 1987 this Board accepted the dedication of

a certain road as requested by the developer of the property served thereby (Timberland Corp.), and

WHEREAS, the said resolution did not provide a name for the road accepted and

WHEREAS the residents of the area served by the road have requested that it be named

T1MBERLAND DRIVE, now therefore be it

RESOLVED that the road accepted by resolution dated December 9, 1987 is hereby named and

designated TIMBERLAND DRIVE, and the resolution is hereby amended to so provide -



Supervisor Carpenter moved and Councilman Heller seconded the following resolution:

WHEREAS, residents along the following roads have requested reductions in posted speed limits

and/or changes in traffic control signals: THAIS, GLASS LAKE, SNAKE HILL and GEflLE ROADS and COUNTY

ROUTE 45 and

WHEREAS, the Board agrees with these recomendations, now therefore be it

RESOLVED, that the Supervisor is hereby authorized and directed to request reduction in the

speed limits on the above named roads to 30 miles per hour and to take such other action as may be

necessary or appropriated to arrange for the alteration of the traffic signs and signals at the intersection

of NYS ROUTE 43 and COUNTY ROUTE 45 so that traffic on ROUTE 43 has the right of way and priority

over traffic entering ROUTE 43 from the county route.

A motion was made by Supervisor Carpenter, seconded by Councilman Delaney, to amend the

resolution and add: after GEITLE ROADS, add CRYSTAL LAKE and GARNER ROADS; after 30 miles per

hour, insert " except GETTLE ROAD which should be requested at 25 miles per hour due to playground

and school. All were in favor of the amendment. The following votes were cast on roll call for the

resolution as amended:

Delaney - Yes, Heller - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes. Supervisor Carpenter moved and

Councilman Delaney seconded the following resolution:

WHEREAS, the Town of Sand Lake Sanitary Sewer District #1 is obligated to make payments on

Serial Bonds and Bond Anticipation Notes by October 1, 1988 and the District bank accounts do not

contain sufficient funds to cover these payments, and

WHEREAS, if the District fails to make these payments on time it will result in a default which

could result in creditors seeking a declaration that the district is Bankrupt, now therefore, be it

RESOLVED, that the Supervisor is authorized and directed to take such action as may be

necessary and appropriate under the circumstances to make funds available and prevent default,

including but not limited to:

Reducing the payment of principle on Bond Anticipation Notes authorized at the July meeting of this

Board from $25,000 to $10,000, and

Tranfering to Sewer District from Town Funds up to $37.500 ($17,500 from General Fund and $20,000

from Highway Fund), offsetting and correcting transfers improperly made in these amounts from Sewer

District to these funds in 1987, and

Borrowing by Revenue Anticipation Note or Notes up to the maximum amount authorized by law

(approximately $17,500) and taking such actions and executing such documents as may be necessary to

do so. And be it further

RESOLVED, that all Town Officers and Employees shall perform such acts and take such steps as the

Supervisor may request for this purpose, and the Supervisor shall report to this Board on all actions

taken and shall submit resolutions effectuating the necessary transfers as as practicable after the

amounts and other details become known.

A motion was made by Councilman Taliman, seconded by Councilman Delaney, to amend the

resolution by striking the word `perform' and inserting `cooperate to take'. All were in favor of the

amendment.

The following votes were cast on roll call for the resolution as amended:

Detaney - Yes, Heller - Yes, Philippi - Yes, Tailman - Yes, Carpenter - Yes.

A motion was made by Supervisor Carpenter, seconded by Councilman Tailman, to waive the procedual

rules for the purpose of adding resolutions to the agenda for Sewer Serial Bonds and Anticipation Notes.

All were in favor.


A RESOLUTION of the 14th day of September, 1988 recinding a resolution previously adopted.

BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF SAND LAKE, RENSSELAER

COUNTY, NEW YORK:

SECTION 1. The resolution indicated below is hereby rescinded effective immediately:

"A RESOLUTION of the 11th day of August, 1988 authorizing the issuance and sale of bond anticipation

notes of the Town of Sand Lake, Rensselaer County, New York not exceeding Five Hundred Thirty

Thousand ($530,000) Dollars to renew bond anticipation notes presently outstanding."

SECTION 2. This resolution takes effect immediately.

The following votes were cast on roll call


Supervisor Carpente moved and Councilman Delaney seconded the following resolution:

A RESOLUTION of the 14th day of September, 1988 authorizing the issuance and sal of bond

anticipation notes of the Town of Sand Lake, Rensselaer County, New York not exceeding Five Hundred

Forty-Five Thousand ($545,000) Dollars to renew bond anticipation notes presently outstanding. The

resolution in its entirety becomes a permanent part of these minutes.


Delaney - Yes, Heiler - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes.

Supervisor Carpenter moved and Coundilman Delaney seconded the following resolution:

A RESOLUTION of the 14th day of September, 1988 authorizing the issuance and sale of revenue

anticipation notes of the Town of Sand Lake, Rensselaer County, New York in the amount of Seventeen

Thousand Five Hundred ($17,500) Dollars. The resolution in its entirety becomes a permanent part of

these minutes.


Delaney - Yes, Helter - Yes, Phi]ippi - Yes, Tailman - Yes, Carpenter - Yes


WHEREAS, by the adoption of Local Law #1 of 1987 the Town of Sand Lake undertook

responsibility for flood damage prevention in accordance with programs and guidelines of the State

Department of Environmental Conservation (DEC), and

WHEREAS, we are now advised by DEC of the need for amendments in the said Local Law, now

therefore be it

RESOLVED, that the attorney is directed to prepare the required amendments for consideration

by this Board at its next regular meeting, and the clerk is directed to post and publish notice of public

hearing on these amendments for the same date.

The following Votes were cast on roll call:


Councilman Tailman moved and Councilman Heller seconded the following resolution:

WHEREAS, it is necessary and desirable to insure the property and assets of the Town against

loss at the lowest reasonable cost to the Town, now therefore be it

RESOLVED, that the chairman of the insurance committee shall take such actions as he finds

necessary and appropriate to solicit bids and proposals for such insurance, and that the attorney, clerk

and supervisor shall assist the chairman and arrange for the publication of any notices required.



Sewer District Attorney Bradley gave a progress report and update on the delinquent sewer hook-ups.

There appear to be approximately seven (7) outstanding.


WHEREAS, Local Law #1 of 1985 as amended by Local Law #1 of 1988 regulates the use of the

Sanitary Landfill of the Town of Sand Lake, and

WHEREAS, amendments to the Local Law have been recommended to eliminate the

requirement that commercial collectors use only compactor type vehicles, provided that any vehicles

used be so covered and operated as to prevent the dropping and spreading of litter and refuse to at

least as great an extent as would occur if compactor type vehicles were used, and

WHEREAS, further amendments have been recommended by the attorney to prohibit the use of

any property in the Town other than the Landfill for landfill or disposal purposes, now therefore be it

RESOLVED, that the attorney is directed to prepare amendments to the said Local Law for

consideration by this Board at its next regular meeting, and the clerk is directed to post and publish

notice of public hearing on these amendments for the same date.


Delaney - No, Heller - No, Philippi - Yes, Tallman - No, Carpenter - Yes.

Councilman Tailman moved and Councilman Delaney seconded the following resolution:

WHEREAS, Local Law #1 of 1985 as amended by Local Law #1 of 1988 regulates the use of the

Sanitary Landfill of the Town of Sand Lake, and

WHEREAS, amendments have been recommended by the attorney to prohibit the use of any

property in the Town other than the Landfill for landfill or disposal purposes and correct the days and

times of operation, now therefore be it

RESOLVED, that the attorney is directed to prepare amendments to the said Local Law for

consideration by this Board at its next regular meeting, and the clerk is directed to post and publish

notice of public hearing on these amendments for the same date.


Delaney - Yes, Heller - Yes, Philippi - No, Taliman - Yes, Carpenter - No.

There was a very brief discussion on the use of the Sewer District pick-up truck for Highway use. This is

allowed as long as the appropriate allocations are made.

Attorney Breselor gave the Board an update on the Maloy excavation litigations. The attorneys are

trying for a one month period to arrive at an agreed settlement of the lawsuit. That one month will end

October 14th, papers need to be filed and will be done five days before the 14th. There are still big

differences of opinions between both sides, but, we are all going to try to work it out. Will meet

informally with the Board at a later date.





The meeting was then opened to those-present. Frank Maier asked the Board members who were in

opposition to allocate funds to enlarge the culvert pipe, "Is it the funds or the opposition of the

residents from Nassau?" Councilman Tallman stated that he felt that the existing pipe was adequate;

Philippi said, financial, Delaney and Heller agreed.

Susan Burke asked what Was the status of the Maloy excavating at the mine? Attorney Breselor

answered that the status, as we understand it, is that the activity there is not great with the stay that

Maloy has.

Rocco Fish stated that not all of the commercial haulers are using compactors. He asked

Councilman Tailman, "Why are you trying to put me out of business?" Councilman Tailman told him that

he was not, but that he feels that the most clean way of picking up refuse is in an enclosed compactor.

Justin Schultz stated that he felt that the law should read that any truck should be covered. He

was told that it is in the law already.

Susan Burke questioned the re-zoning suggestions and would the Town Board be voting on the

changes. She was told, Yes.

James Smyth spoke in favor of Rocco Fish's operation.




Joyce A. Teal

Town Clerk


OCTOBER 5, 1988

The Special Town Board meeting of the Town of Sand Lake was called to order by Supervisor

Carpenter at 7:30 P.M. at the Town Hall, Sand Lake, New York. The following answered roll call:








Also present was Arther Mardon.

The Town Clerk had given the Town Board copies of the Tentative Budget for the year 1989 on the 1st

day of October, 1988.

The problem of the salt contamination in the private wells at Bradley Estates was discussed Supervisor

Carpenter stated that he felt that since the Town uses County salt and the County uses Town sand that

this is a joint problem. The Town Board asked Attorney Bradley to check into this and help determine

what the Town's obligation would be.

The Board felt that the sooner we install a salt pad, the better. This will be hopefully done

before the Highway Department has to start mixing the salt and sand for the coming winter roads.

Supervisor Carpenter informed the Board that if the Town of Sand Lake applied for grant monies

regarding recycling and reuse, we would not have enough impact alone. He said that some of the towns

were joining forces. He is going to attend a meeting at Schoc1ack on October 11 concerning this. He will

keep the Board informed as to whether we should consider joining forces with Schodack.

Supervisor Carpenter stated that he would be setting dates for workshop meetings on the Tentative

Budget.


Joyce A. Teal

Town Clerk


OCTOBER 12, 1988


Supervisor Carpenter at 7:30 P.M. at the Town Hall, Sand Lake, New YOrk. After the Pledge of Allegiance,









Others present were: Art & Bernie Mardon, Linda Reynolds, Frank Fleming, Martha Senecal, Barbara

Lipschultz, Timothy Schramm, Mr. & Mrs. Joseph Winnicki, Michael Banks, Justin Schultz, Stacy Teidman,

Craig & Joann Dobert, Rocco Fish, Tom Delaney, George Breigle, Robert Middleton, John Glasser, Robert

Martin, Bob Baker, Angelo Patti, Flora Fasoldt, Frank Allen, Russell Bennett, Joan Gross, Stanley Supkis,

Mary Hilt, Barbara Martinage, Bill Foster and others.

The Public Hearing on the proposed amendments to Local Law #1 Of 1987 was opened at 7:30 P.M.

Clerk Teal read the legal notice as it appeared in the Times Record Newspaper.

Supervisor Carpenter informed those present that there was a particular date that was missing

in Section 3.2 when the original local law was filed and that EN CON had made some changes in said

section.

Paul Richards stated that, with the lack of manpower available, he didn't feel that the town

could handle this job competently.

Councilman Tallman said, as he recalled, we didn't have an alternative. He said that he thought

that it was mandated. We should check into seeing if we now have a choice.

No one else wished to be heard. The public hearing was closed at 7:40 P.M.

The Public Hearing on the proposed amendments to Local Law #1 of 1988 was opened at 7:45 P.M. Clerk

Teal read the legal notice as it appeared in the Times Record Newspaper.

Supervisor Carpenter informed those present that the purpose of these amendments was to

allow the Town Board to set and change the hours of operation of the landfill by resolution, rather than

by local law. It also incorporates in the landfill law the same strict limitations on dumping other than at

the landfill, enacted as a zoning ordinance amendment earlier this year. We have also taken this

opportunity to renumber the sections and pages so that they will be easier to follow.

Larry Rosenman asked if this means that only the property that is currently the landfill is the

only place that the landfill can be, or does it mean that the town could operate a landfill someplace

else? Supervisor Carpenter told him that the town could operate a landfill elsewhere as long as for the

Town of Sand Lake as a Sanitary Landfill.

Larry Rosenman asked, why does the Board feel that only the Town can be in the landfill

business? Supervisor Carpenter told him that other towns have had the problem of interstate materials

being dumped. Our fear is that hazardous waste materials will end up in the Town of Sand Lake.

Russell Bennett asked to hear the penalty section again. He said that he felt that there should be

a minimum fine penalty.

Rocco Fish asked if this would apply to private dumpers disposing of waste on their own

property? Supervisor Carpenter answered, filling in of property for building purposes or building

materials generated from the property can be used as fill.

Michael Banks asked, what if you wanted to fill in a ravine or bank on your own property? He

was told that if the building materials came from another site, it would be prohibited.

No one else wished to be heard. The public hearing was closed at 8:05 P.M.

Tom Delaney, Fire Chief of W.S.L. Fire Dept., gave a presentation on the importance of installing

automatic springlers in all newly constructed residenses.

The minutes of the September 14th, 1988 meeting were approved on a motion made by Councilman



Supervisor Carpenter gave copies of the financial report to each member of the Town Board; Tentative

budget has been issued, we are now in the process of working on the Preliminary budget; Letter has

been drafted to the Department of Transportation regarding various speed limit requests; Letter has

been drafted to the Department of Transportation regarding the dangerous situation at the intersection

of Route 43 and County Route 45 in Averill Park.

Councilman Philippi reported that Yankee Trails will be sending us a $50 reimbursement to cover a

overcharge; ROUSE has proposed a co-op venture for Senior Housing with no expense to the Town. They

will be presenting this concept tomorrow to the Seniors at 2:00 P.M. Barbara Martinage, member of the

Sand Lake Senior Housing Committee, will be addressing the Board with this proposal tonight; Read a

letter from John Buono regarding his support of the ROUSE Senior Housing project; Reported many

complaints about wandering and barking dogs. Dog owners, please be more considerate to your

neighbors.

Councilman Delaney reported on the Youth Commission activities - roller skating parties have been very

well attended; tickets still available for the Antique Train ride; will be going to the Egg to see ONCE

UPON A MATTRESS; would like to thank those parents who help chaperone; next Youth Commission

meeting is October 13th at Town Hall at 7:30 P.M. We welcome all to attend.

Councilman Heller reported that there are two street light resolutions on the agenda.

Councilman Tailman reported that we are not being televised tonight due to some technical problem;

Town Insurance has been put out for bid, to be returned by January 11, 1989.

Timothy Schramm, Project Manager for the Small Cities Housing Program, reported on all phases of the

programs.



The meeting was then opened to those present. Barbara Martinage gave the Board an update on the

options available to the Town if the Town purchased the Butler property. Plans could include facilities

for the Ambulance, Library, etc.. Councilman Heller asked if the developers name had surfaced and also,

if anyone had approached the Butler Foundation. She was told, no, on both questions. Bob Middleton

told the Board that it was his understanding that the Butlers do not own the property and therefore

can't sell it. He also said that he thought that the property was owned by a Jewish World-Wide

Organization. Councilman Philippi said that wasn't true, but to check with Attorney Breselor since he has

purchased property from the Butlers. Councilman Heller said that she was sure that the Butler

Foundation property was on the tax rolls as exempt.

Michael Banks asked the Board if a solution regarding his survey had been reached, and also

that he be included in a meeting with the Town Attorney, Highway Superintendent and Town Engineer.

Supervisor Carpenter told him that the Town Attorney had placed his problem on the agenda and had

assumed that the Attorney had been in contact with him.

Bob Middleton informed the Board that he had served on the Town Board for sixteen years and

during his tenure, had appointed Kay Bradley to the Planning Board. He now feels that Kay has been

getting preferential treatment from the Planning Board regarding her sub-division. Bob asked the Board

not to appoint Kay Bradley to another seven year term.

Business: Supervisor Carpenter made a motion, seconded by Councilman Delaney, to go into Executive

Session for an update on the lawsuit and the negotiations with Maloy. All were in favor. The Board

recessed into Executive Session at 9:10 P.M. No action was taken.

The Board reconvened at 9:50 P.M.

A motion was made by Councilman Heller, seconded by Councilman Tallman, to waive the procedural

rules and place on the agenda an additional street lighting (Holcomb Road and Eastman Drive)

resolution. All were in favor.

Councilman Helter moved and Councilman Tallman seconded the following resolution:

WHEREAS, there has been a request for a street light to be installed at the intersection of

Holcomb Road and Eastman Drive, and the Chair of the Lighting Committee has investigated the

possibility and cost of such installation, and

WHEREAS, the Committee recommendation, based on this investigation, is the acceptance of

the lighting proposal from NYSEG dated October 12, 1988, a copy of which is attached and made a part


RESOLVED, that the said street light proposal with respect to installing a street light at the

intersection of Holcomb Road and Eastman Drive is hereby accepted, and the Supervisor is authorized

and directed to contract for such light on behalf of the Town of Sand Lake and it's Consolidated Lighting

District.




WHEREAS, there has been a request for a street light to be installed at the intersection of

Springer Road and Autumn Lane, and the Chair of the Lighting Committee has investigated the

possibility and cost of such installation, and

WHEREAS, the Committee recommendation, based on this investigation, is the acceptance of

the lighting proposal from NYSEG dated September 28, 1988, a copy of which is attached and made a

part hereof, now therefore be it

RESOLVED, that the said street light proposal with respect to installing a street light at the

intersection of Springer Road and Autumn Lane is hereby accepted, and the Supervisor is authorized and

directed to contract for such light on behalf of the Town of Sand Lake and it's Consolidated Lighting

District.




WHEREAS, a vacancy exists on the Zoning Board of Appeals of the Town of Sand Lake, caused by

the resignation of Clifton Mark, now therefore be it

RESOLVED, that EDWARD LILLY be and hereby is appointed to the Zoning Board of Appeals to

serve the unexpired term of Clifton Mark.


Delaney - Yes, Heller - Yes, Philippi - No, Tallman - Yes, Carpenter - No.


WHEREAS, Catherine Bradley serves on the Planning Board of the Town of Sand Lake for a term

which expires September 30, 1988, and

WHEREAS, Mrs. Bradley has indicated her willingness to serve for an additional term, now

therefore be it

RESOLVED, that Catherine (Kay) Bradley be and hereby is appointed to the Planning Board for a

full term commencing October 1, 1988.


Delaney - Yes, Heller - Yes, Philippi - No, Taliman - Yes, Carpenter - No.


Resolution for Partial Renewal of Bond Anticipation Notes - Highway Truck WHEREAS, a BAN issued for

the purpose of financing a highway truck for highway plowing and maintenance purposes is due October

6, 1988, now therefore be it

RESOLVED, that:

1) Bond Anticipation Notes shall be issued for the purpose of renewal of existing notes issued to

finance the purchase fo a highway truck;

2) this resolution pertains to a bond resolution adopted August 12, 1987 to finance the said

purchase;

3) $27,680 in bond anticipation note(s) are to be issued;

4) Bond anticipation note(s) totalling $34,600 are presently outstanding and will be retired on or

before October 31, 1988;

5) the notes authorized by this resolution are renewal notes and the original note(s) were issued

October 6, 1987;

6) the note(s) authorized hereby shall mature one year from the date of their issuance;

7) such notes are not issued in anticipation of bonds for an assessable improvement.




Resolution for Partial Renewal of Bond Anticipation Notes - Landfill Grader WHEREAS, a BAN issued for

the purpose of financing a Grader for use at the Town

Sanitary Landfill is due October 31, 1988, now therefore be it

RESOLVED, that:

1) Bond Anticipation Note(s) shall be issued for the purpose of renewal of existing notes issued to

finance the purchase of a landfill grader;

2) this resolution pertains to a bond resolution adopted October 15, 1986 to finance the said

purchase;

3) $9,210 in bond anticipation note(s) are to be issued;

4) Bond anticipation note(s) totalling $18,420 are presently outstanding and will be retired on or

before October 31, 1988;

5) the note(s) authorized by this resolution are renewal note(s) and the original note(s) were

issued October 31, 1986;

6) the notes authorized hereby shall mature one year from the date of their

issuance

7) such notes are not issued in anticipation of bonds for an assessable improvement.




WHEREAS, we are advised by the Highway Superintendent that a truck with plow has broken

down and that repair is not practicable, and

WHEREAS, we are further advised that a replacement piece of equipment is required before the

commencement of the 1989 fiscal year, now therefore be it

RESOLVED, that the Town of Sand Lake shall issue bonds for the cost of a new highway truck

with plow and sander. The maximum cost of such equipment shall be $72,113, and the period of

probable usefulness is determined to be five years. The total cost of the equipment shall be financed

through annual tax appropriations over a five year period. No funds have previously been authorized to

be applied to the cost of this property. The proposed maturity of the obligations shall not be in excess of

five years. No current funds have been provided for or applied to the purchase of this equipment.


Delaney - Yes, Heller - Yes, Phiiippi - Yes, Taliman - Yes, Carpenter - Yes.


BOND ANTICIPATION RESOLUTION - HICIIWAY TRUCK WITh PLOW AND SANDER

BE IT RESOLVED:

1) That bond anticipation notes shall be issued for the purchase of a new highway truck with plow

and sander;

2) That this resolution pertains to a bond resolution adopted on 10/12/88 for this purpose;

3) That Bond Anticipation Note(s) in the amount of $72,113 are to be issued;

4) That no bond anticipation notes have been issued or are outstanding in anticipation of the sale

of such bonds;

5) That such notes are not renewal notes;

6) That such notes shall mature one year from the date of issuance;

7) That such notes are not issued in anticipation of bonds for an assessable improvement.




WHEREAS, a Town Road known as Huntley Road has been relocated in part at and near its

intersection with Eastern Union Turnpike, and

WHEREAS, as a result of this relocation a portion of the former Huntley Road where it crossed

property of Stanley Supkis has now been abandoned for more than six (6) years, now therefore be it

RESOLVED, that the Highway Superintendent shall prepare a certificate of abandonment of the

abandoned portion of Huntley Road for approval of this Board and filing with the Town Clerk, pursuant

to Section 205 of the Highway Law.




WHEREAS, the Town Board has determined that a portion of Sewer District real property

abutting Sunset Terrace and lands of Carol A. Nash is not needed for Sewer District purposes and

WHEREAS, such property has been found to have a value of $1,000, now, therefore, in

accordance with Sections 198 and 215 of the Town Law, be it

RESOLVED, that the Town Board hereby offers to convey said property to Carol A. Nash for

$1,000 upon her submission of a deed in proper form and subject to an easement in favor of the Sewer

District for sewer and/or water lines and the maintenance thereof. Said conveyance is determined to be

subject to a permissive referendum in accordance with Sections 64 and 90 of the Town Law. The Clerk is

directed to publish and post notice of this resolution within ten (10) days after adoption.



Councilman Tailman questioned when Michael Rohloff was going to receive his check since it had been

approved for payment on Warrant #9. Supervisor Carpenter told him that the voucher had not been

signed by the Department Head and that it was his understanding that the Board of Review has to meet

once more. Councilman Heiler stated that she has a problem with this - we okayed this abstract, we sign

the vouchers and then vote on the abstract, and then learn that a signature has been crossed out. There

must be some other procedure to follow, because otherwise, anyone of us could come in and withdraw

our signature at any time. Councilman Heller asked how she could be guaranteed this evening, if I vote

to pay the warrant, that what she was doing, was going to be followed. Supervisor Carpenter told her

that when you vote to pay this, the warrant is then given to me by the Clerk, it's then my obligation to

pay the bills as long as everything is in order. Councilman Heller asked if the Abstract had been

corrected to reflect this. She was told, not yet, but will be if the amount is incorrect.



Highway Fund Warrant #10 in the amount of $28,077.60 was approved on a motion made by

Councilman Taliman, seconded by Councilman Delaney. All were in favor.

Councilman Philippi requested that the Board give some kind of direction to the negotiating committee

for the Senior Citizen Housing. The Board said that they would rather wait until after the meeting

tomorrow when they will be better informed.

Supervisor Carpenter made a motion, seconded by Councilman Delaney, to waive the procedural rules

to place on the agenda a resolution of intermunicipal cooperation regarding the Local Resouce and

Reuse Grant monies. All were in favor.


WHEREAS, the New York State Department of Environmental Conservation (hereinafter referred

to as the "Department") is responsible for the promulgation of rules and regulations relative to solid

waste management; and

WHEREAS, the Department has promulgated the New York State Solid Waste Management Plan

pursuant to enabling legislation enacted by the New York State Legislature; and

WHEREAS, said Solid Waste Management Plan requires that municipalities develop and

implement a plan to recycle materials normally within the solid waste stream in order to preserve

limited landfill space and promote environmental safety; and

WHEREAS, it is necessary and desirable for municipalities to work cooperatively to develop and

implement recycling programs and in order to enhance the development of suitable markets for the

goods; and

WHEREAS, the Town of Schodack (hereinafter referred to as the "Town") has developed and

implemented a recycling program at its Sanitary Landfill facilities on Poyneer Road; and

WHEREAS, the Town seeks to work cooperatively with the Villages of Castleton-onHudson and

Nassau and the Town of Sand Lake to enhance its recycling program at its Landfill facility or other

collection centers as may be designated by the Town, thereby increasing volumes of materials to be

recycled; and

WHEREAS, the Town seeks to expand its recycling program in order to develop a more

advantageous marketing position in this Region; and

NOW, THEREFORE, BE lIT RESOLVED, that the Town Board of the Town of Schodack hereby sets

forth its policy with respect to said joint recycling program:

1) The Town agrees to allow residents of the Villages of Castleton-on-Hudson and Nassau and the

Town of Sand Lake to utilize said recycling center or other recycling collection centers as may be

designated without charge;

2) The Town will, through its Recycling Coordinator, develop markets;

3) The Town will, through its Recycling Coordinator, develop an educational program to inform

residents of the program, mailing newsletters to each community herein to encourage voluntary

participation;

4) The Town will, through its Recycling Coordinator, transport or arrange for transport of the goods

collected to appropriate marke-ts; and

5) The Villages and Towns will share proportionately in cost of fees if said goods must be delivered

to a vendor and charges are levied for same.

BE IT FURTHER RESOLVED, that the Town will seek funding from the Department to enhance its

recycling program and will bear collection and transportation costs of the program except as otherwise

set forth herein.



The meeting was then opened to those present. Councilman Heller referred to the budget report from

the Supervisor's office. She said that the report indicates that the Town's financial status looked rosier

than previously anticipated. Supervisor Carpenter agreed that the bottom line is looking better.

Jack O'Brien commented on the Supervisor's report in the Advertiser. He said that he took

exception to the remarks made questioning the integrity of the previous Town Board members - felt

that considerable research was not done.

Supervisor Carpenter told him that it was not meant to be determental. He said that according to his

research, a promise had been made by the previous Town Board.


A motion was made by Supervisor Carpenter, seconded by Councilman Delaney, to adjourn the meeting



oyce A. Teal

Town Clerk


NOVEMBER 9TH, 1988







Councilman Phiflppi - Present




Others present were: Justin Schultz, Michael Rohloff, Linda Reynolds, Frank Fleming, Art

& Bernie Mardon, Martha Senecal, Nancy Kelley, Barbara Lipschultz, Carla Engwer, Flora

Fasoldt, Michael Banks, Clifton Mark, Mary Hilt, Donald & Kay Bradley, Bill Foster,

Stanley Supkis, Sue Burke, Brian Weiss, Timothy Schramm, John Glasser, Russell Bennett,

Thomas Delaney, Archie Robinson, Chris Kronau and others.

The minutes of the October 12th, 1988 meeting were approved on a motion made by Councilman



Supervisor Carpenter gave the Board members copies of the financial print-out from Shaker Computer.

The Supervisor told the Board that the figures are not totally accurate. We also have a cash flow

problem, do not have enough money to meet the November abstract payments. The Board decided to

meet with Mr. Provost on Friday at 3:00 P.M. to try and get the true figures; Read a letter from Kenneth

Brady, Rens. County Probation Dept., thanking the Town for the use of the Town Hall for the past four

years. He also commented on the efficient manner in which the Court Clerk, Joanne Brown, conducts

the business of the court.

Committee reports: Small Cities Housing Program report was given by Timothy Schramm, Project

Mananger; Highway report was given by Brian Weiss, Highway Superintendent; Zoning Officers report

was given by Supervisor Carpenter.

Attorney Breselor reported: Correspondence from Roth Lurie regarding a bill they claim the town owes.

Attorney Breselor asked for authorization to send them a answer; Update on the Maloy case; Update

regarding the procedure for disposing of abandoned vehicles; Flood Plain Program regarding which

towns have adopted a Local Law concerning control; BANs have been delivered to the bank; Update on

the Banks/Winnicki problem; Will be resuming his workshops on Saturday morning.

Councilman Philippi reported that Senior Citizen Housing is still being sought, two sites are being

considered as of now; Animal Control - one case was in court.

Councilman Delaney reported on the Youth Commission activities - 50 children and parents attended

the "Once Upon A Mattress" at the Egg; Roller Skating on Friday nights has been very successful; 80

children and adults took the ride on the Berkshire Antique Railroad; Two teen dances are planned for

January and March; Craft making is planned for the grade school children; The Youth Commission is

considering putting in an ice skating rink at Butler Park, using the generous donation from Miller's

Market.

Councilman Tallman reported that we were not televised last month due to technical problems with the

transmitter; Effective November 1, 1988, the legal name of Adams/Russell Cable Services will be A R

Cable Services New York Inc..

The meeting was then opened to those present. Susan Burke asked for clarification on the Maloy case;

Justin Schultz asked that if we are short on money, how could the Supervisor justify spending an

additional $4,500 for a new culvert pipe; Michael Rohioff asked when could he expect to receive his

check for services rendered on the Board of Assessment Review; Nancy Kelley stated that there was a

discrepancy in the notices for the Budget Nearing time.

Business: Kay Bradley read into the record her response to the accusations made by Robert Middleton

at last months meeting. This becomes a permanent part of these minutes.

Councilman Delaney read into the record the Planning Boards' response to the same

accusations. This also becomes a permanent part of these minutes.


WHEREAS, there has been a request for street lighting on Autumn Lane and Pine Shadow West,

and the chair of the lighting committee has investigated the need for and cost of such lighting, and

WHEREAS, the lighting committee recommendation, based on this investigation, is the

acceptance of the lighting proposal from NYSEG dated November 3, 1988, a copy of which is attached

and made a part hereof, now therefore be it

RESOLVED, that the said street light proposal is hereby accepted, and the Supervisor is

authorized and directed to contract for such lighting on behalf of the Town of Sand Lake and it's

Consolidated Lighting District.


Delaney - Yes, Helier - Yes, Philippi - Yes, Tallman - Yes, Carpenter - Yes.

Councilman Taliman put the Landfill on the agenda as a discussion itemL He had previously presented

the Board with some ideas for the ordinance. He stated that this had been started in early summer and

would like to see the ordinance finalized before the end of the year. After some discussion, it was

decided to place the ordinance on next months meeting agenda.


WHEREAS, this Board desires to give guidance to the Highway Department and Superintendent

regarding occasions when they perform work on property owned or occupied by others, now therefore

be it

RESOLVED, that the Town Board of the Town of Sand Lake hereby adopts the following policy

and urges and recommends that all town officers and employees follow and adhere to the same: Except

in an emergency, no town officer or employee shall undertake any work or activity which will materially

change the character, appearance or use of any property without the written consent of the person who

owns, or occupies such property.




BOND ANTICIPATION NOTE - HIGHWAY TRUCK AND ACCESSORIES

WHEREAS a bond anticipation note in the amount of $51,914 has been issued relating to the

purchase of a highway truck and accessories, which note is due November 30, 1988, now therefore be it

RESOLVED: 1) That bond anticipation notes shall be issued for the purchase of highway truck,

plow, dump, wing, hydraulics and sander;

2) That this resolution pertains to a bond resolution adopted November 12, 1986 for this

purpose;

3) That serial bonds in the amount of $38,935 are to be issued;

4) That $51,914 of bond anticipation notes are outstanding which have previously been

issued in anticipation of the sale of such bonds, which notes shall be retired upon the issuance of the

notes provided herein;

5) That such note are renewal notes for notes issued November 30, 1987;






BOND ANTICIPATION NOTE - SPRINGER ROAD PROPERTY

WHEREAS, a bond anticipation note has been issued in the amount of $108,000

relating to the purchase of real property and improvements on Springer Road, which note is due

December 18, 1988, now therefore, be it

RESOLVED:

1) That bond anticipation notes shall be issued for the purchase of a sand and gravel pit abutting

Springer Road in the Town of Sand Lake;

2) That this resolution pertains to a bond resolution adopted November

12, 1986, for this purpose;

3) That serial bonds in the amount of $81,000 are to be issued;

4) That $108,000 of bond anticipation notes are outstanding which have previously been

issued in anticipation of the sale of such bonds, which notes shall be retired upon the issuance of the

notes provided herein;

5) That such notes are renewal notes for notes issued December 18, 1987;






WHEREAS, SHAKER COMPUTER and MANAGEMENT SERVICES, INC. has been engaged to

perform municipal accounting, payroll and related services for the Town, and

WHEREAS, the contract with the said company is due for renewal for the 1989 calendar year,

and a renewal contract has been submitted, now, therefore be it

RESOLVED, that SHAKER COMPUTER and MANAGEMENT SERVICES, INC. shall be retained and

engaged by the Town to perform computerized municipal double entry accounting and payroll services

for 1989, and the Supervisor is authorized and directed to enter into a contract with Shaker for such

services on behalf of the Town.




WHEREAS, the Zoning Ordinance relies on the Master Plan of the Town of Sand Lake, and the

plan can provide valuable guidance to the Planning Board, Town Officers and employees, and the people

of the Town, and

WHEREAS, the Master Plan has not been revised or updated since it was adopted over 15 years

ago, now therefore be it

RESOLVED, that this Board expresses its interest in reviewing and updating the MASTER PLAN, in

consultation with the public and with appropriate Town, County and State authorities, and be it further

RESOLVED, that to assist in this process, an advisory committee to be known as the TOWN OF

SAND LAKE MASTER PLAN COMMITTEE is hereby established to consist of seven members to be

appointed by, and serve at the pleasure of the Town Board, and be it further

RESOLVED, that STANLEY SUPKIS is hereby appointed Chairman of the committee and SUSAN

BURKE, WILLIAM GLASSER, JR., and JOHN MULLIGAN are hereby appointed to the committee.




Tailman, seconded by Councilman Helier. All were in favor.

Highway Fund Warrant #11 in the amount of $58,846.95 was approved for payment when funds

become available on a motion made by Councilman Tailman, seconded by Councilman Delaney. After

discussion on the legality of this motion, Councilman Tallman and Councilman Delaney withdrew the

motion. Councilman Philippi made a motion, seconded by Councilman Tailman to table payment of the

Highway Fund Warrant #11. All were in favor.

A Special Board meeting will be held at 3:30 P.M. on Friday, November 11, 1988 at Town Hall, Sand Lake,

N Y.

The meeting was then opened to those present. Kay Bradley asked how would the Master Plan

Committee affect the proposed Zoning Regulation changes?

Nancy Kelley asked if the entire Town Board had imput in selecting the Master Plan Committee

and also, were these positions interviewed?


Councilman Heller made a motion, seconded by Councilman Delaney, to move into Executive Session for

a personnel matter at 10:15 P.M. Delaney, Heiler, Tallman, Carpenter were in favor. Philippi, No.

The Board meeting reconvened at 10:35 P.M. There were no decisions made in the Executive Session.

A motion was made by Councilman Heller, seconded by Councilman Delaney, to adjourn at 10:35 P.M.

All were in favor.


Joyce A. Teal

Town Clerk

TOWN OF SAND LAKE PUBLIC HEARING

1989 PRELIMINARY BUDGET

NOVEMBER 10, 1988

The Public Hearing upon the 1989 Preliminary Budget was opened at 7:00 P.M. at the Town Hail,

Sand Lake, New York. The following answered roil call:







Others present were: Thomas Delaney, Joseph Warren, Linda Reynolds, Martha Senecai, Michael

Rohioff, John Kacharian, James & Joanne Brown, Barbara Martinage, Angelo Patti, Ted Dobush, Nola

Reis, Charles Graber, John Glasser, Terry Turner and others.

Clerk Teal read the legal notice as it appeared in the Troy Record Newspaper. Supervisor Carpenter

informed those present that there were copies of the budget available on the table in the back of the

room.

Terry Turner asked what percent increase does the budget indicate in salaries. He was told 4½

percent in salarids, 18 percent in benefits due to the increased cost of Medical insurance.

Martha Senecal asked when had the budget had been made available to the public. She was told

that the Tentative Budget was available on October 1st and the Preliminary Budget since November 1st.

Angelo Patti questioned as to why the legal notice had not included the salaries of the Town

Justices. He was told that this was no longer necessary. Angelo also questioned the increase in the

Bookkeeping and Auditing line. He was told that it included the Bookkeeper and also the Audit that is

mandated because of Federal Grant monies that the Town receives. Angelo spoke in favor of a

substantial salarie increase for the positions of the Court Clerk and the Secretary to the Supervisor. He

also felt that the revenue from the mortgage tax was estimated to be high. He stated that he didn't

think mortgages filed in the 1989 year would be that heavy.

John Kacharian asked what Was the increase in the new assessments and also would the

revenues be higher in 1989 than 1988? He was told approximately 5.8 mil.

Nola Reis, Librarian, stated that the budget did not reflect their request for a increase. Did the

Board get their request? She was told that the figures were not final yet and yes, the Board had received

their request.

John Kacharian asked who is responsible to make sure that the appropriations and expenditures

stay within the Budget? Supervisor Carpenter told him, that it was his responsibility.

Joseph Warren questioned the Sewer District appropriations - where does the revenue come

from? He was told, from the User & Maintenance fee and interest and penalties. Supervisor Carpenter

told him that a 25% increa$e on user fees is being anticipated.

John Glasser asked where did the Preliminary Budget figures regarding the Ambulance come

from? He was told, this was the Sand Lake's Ambulance request. Thomas Delaney stated that the total

expenditures for the Ambulance wfre in excess of $60,000. The Town is getting a real bargain. Joseph

Warren asked if the Town has a contract with the Sand Lake Ambulance? He was told, yes, it will expire

in 1989.

Thomas Delaney stated that he was under the impression that the West Sand Lake Vol. Fire

Departments request was $110,000. He was told that was true, but, less revenues, amount to be raised

by taxes is $107,603.

Michael Rohloff asked what the shade trees, were in the budget for? He was told that this does

not appear in the Preliminary Budget.

Thomas Delaney asked if the Town was anticipating hiring more personnel in 1989? He was told,

yes, at least one in the Sewer District.

Charles Graber said that he would like to $xpress his thanks for the Library Fund, but, would also

like to ask that the Board consider their request for the additional

$5,000.

John Kacharian stated that he felt that the towns should get a bigger chunk of the sales tax

revenue from the County.

Thomas Delaney questioned the percentage ijicrease in the Social Security. He was told that the

figures would be checked.


A motion was made by Councilman Tailman, second~?d by Councilman Heller, to close the public

hearing at 8:30 P.M. All were in favor.~


Joyce A. Teal

Town Clerk


NOVEMBER 11, 1988

The special Town Board meeting of the Town of Sand Lake was called to order by Supervisor

Carpenter at 3:30 P.M. at the Town Hall, Sand Lake, New York. The following answered roll call:




Councilman Philippi - Absent




Also present were George Provost and Russell Bennett.

The Town Board met with George Provost, Town Accountant, to discuss and decide what options were

available to the Town to ease the cash flow problem. After considerable discussion, the Board decided

to issue a Revenue Anticipation Note (RAN) to cover the payment of 1988 bills.

A special Town Board meeting to approve issuance of the RAN and also to approve payment of Highway

Warrant #11 will be held on November 14th, 1988 at 4:00 P.M. at the Town Hail.

A special Town Board meeting to adopt the proposed 1989 Budget will be held on November 21st, 1988

at 3:00 P.M. at the Town Hall.

A motion was made by Councilman Tallman, seconded by Councilman Delaney, to adjourn the meeting

at 5:20 P.M.


Joyce A. Teal

Town Clerk


NOVEMBER 14, 1988


Carpenter at 4:00 P.M. at the Town Hall, Sand Lake, New York. The following answered roil call:







A motion was made by Supervisor Carpenter, seconded by Councilman Tailman to recess the meeting

until Attorney Breselor arrived. All were in favor.

A motion was made by Supervisor Carpenter, seconded by Councilman Tallman to reconvene the special

Board meeting at 4:30 P.M. when Attorney Breselor arrived. All were in favor.

The Board proceeded to determine the estimated expenditures, estimated receipts and cumulative

surplus or deficits that was needed to issue the RAN.


RESOLVED, that the Town of Sand Lake is hereby authorized to issue $80,000 tax and/or revenue

anticipation notes in anticipation of revenues due and payable from the State and County in the fiscal

year ending December 31, 1988. The entire RAN resoiution becomes a permanent part of these minutes.



Highway Fund Warrant #11 in the amount of $58,846.95 was approved on a motion made by

Councilman Taliman, seconded by Councilman Delaney. All were in favor.




Joyce A. Teal

Town Clerk


NOVEMBER 21, 1988


Carpenter at 3:00 P.M. at the Town Hall, Sand Lake, New York.

The following answered roll call:








Supervisor Carpenter explained that the sole purpose of this meeting was to finalize and adopt the 1989

Budget. The Board spent considerable time finalizing the Budget, going over each line item individually.

Councilman Delaney moved and Councilman Heller seconded the following resolution:

RESOLVED, to adopt the 1989 Budget as modified. The Budget becomes a permanent part of

these minutes.


Delaney - Yes, Helier - Yes, Philippi - not present when vote was taken (left board meeting at 5:20 P.M),

Taliman - Yes, Carpenter - Yes.

A motion was made by Councilman Tailman, seconded by Councilman Delaney, to adjourn the meeting



Joyce A. Teal

Town Clerk


DECEMBER 14, 1988

The regular monthly meeting of the Town Board of the Town of Sand Lake was caiied to order by



Supervisor Carpenter- Present

Councilman Philippi-Present


Councilman Tallman -Present

Councilman Helier - Present

Dep. Town Clerk Mardon-Present

Attorney Bradley-Present

Attorney Breselor-Present

Others present were: Bernie Mardon, Linda Reynolds, Frank Fleming, Justin Schultz, Flora

Fasoidt, Steve Robellotto, Frank Allen,

Tim Schramm, Mark Sherwin, Mike Davis, Tom Delaney, Joseph Warren, Mike Philip, John Lesniak, Allan

Randall, Sue Burke, Brian Weiss, Mary Hut, Russ Bennett, Kay and Don Bradley, Angelo Patti, and Cricket

Kirkwood.

The minutes of the Board meetings of November 9,10,11,14 and 21 were approved as printed

on a motion by Councilman Tallman, seconded by Councilman Heller. All were in favor.

The Town Clerk's report was read and accepted by the Board.

The Supervisor's report was read. Councilman Delaney questioned the expenditure of $24000

for audits with no figures available to the Board after 8 months. Supervisor Carpenter replied that these

were attempts to audit the `86 and `87 budgets and had nothing to do with `88. The Supervisor

commended the AP/SL, WSL, and Taborton Fire Companies for their actions in preventing a major

disaster during the Ackner Fuels fire on December 10.

COMMITTEE REPORTS: Councilman Tallman reported that two insurance vouchers can be delayed until

1989. He also reported that 36.6 miles of TV cable has been installed in town and there are over 1300

subscribers.

Councilman Heller reported that Nola Reis has resigned as Town Library Director, and that Jane Minotti

is serving as acting director until a permanent director is named. She also asked that citizens report any

burned out street lights to the Town.

Councilman Delaney gave the Youth report, and ststed that there would be a resolution later in the

meeting regarding the establishment of a capital fund.

Councilman Philippi reported that she has a grant application for the Senior Citizens for $2500 for 1989.

She also read a letter from Cora Hoffay, a copy of which becomes a part of these minutes. Attorney

Bradley reported on the status of delinquent sewer hookups. The Zoning Board of Appeals report was

given by Frank Allen. The Highway report was given by Brian Weiss.

The HUD report was given by Tim Schramm.

The meeting was then opened to those present. Supervisor Carpenter ruibd that comments at this time

would be limited to agenda items only. Frank Fleming and Sue Burke questioned this ruling on the

grounds that they could not discuss an item before they knew what it was about. Frank Fleming then

asked the Supervisor for an explanation of each item on the agenda. Angelo Patti suggested that the

Board act tonight on the Zoning Amendments to forestall any future problems such as the Maloy suit

from reoccurring.Councilman Delaney asked the Supervisor if he had had any word from ENCON

concerning the salt pad problem at Bradley Estates. He said he had not. Mike Philip stated that he had

contacted ENCON and was advised that ENCON's attorney, Pat Fish, had spoken with Attorney Breselor.

The Supervisor replied that the ENCON attorney had spoken with the Town concerning a problem at the

Town Garage, not the Bradley development. Brian Weiss stated that the lack of a salt pad was not his

fault; he had never been given any direction, and had been ordered by the Supervisor not to spend any

more monies. The Supervisor stated that he had never told him that.Carpenter moved and Philippi

seconded a motion that Brian be directed to move the salt from its present location to the newly cleared

area. On a voice vote, the results were 3 nays and 2 yeas. Brian stated that the County would be out on

December 15th and the salt pad will be laid on that day.

BUSINESS: A motion was made by Councilman Tailman and seconded by Councilman Heller to grant a

4½% pay raise for 1989 to the HUD Administrative Assistant. All were in favor.

In relation to the update of the Town map and street index, Supervisor Carpenter stated that he

was in contact with the county and that there are aerial maps available to aid in the construction of new

maps.

RESOLUTIONS: Councilman Delaney moved and Councilman Philippi seconded the following resolution:

WHEREAS MILLER'S MARKET has generously donated $1400 to the

Town for youth and recreation, and an additional $100 has been donated by the Landmark Pub, and $50

from Michael's Lounge, and

WHEREAS we appreciate this valuable assistance and hope that

additional donations will be made in the future, now therefore be it

RESOLVED that a separate segregated fund for these funds

shall be established and a separate bank account maintained for this fund, and be it further

RESOLVED That the Supervisor is authorized and directed to stablish this fund and open this

account before the close of the current fiscal year, and deposit all moneys received for this purpose in

this iccount immediately upon opening the account, and immediately after re- :eipt of future donations.


Delaney-Yes Heller-Yes Philippi-Yes Tailman-Yes Carpenter-Yes


WHEREAS, PRIOR TO 1982 the towns and villages of Rensselaer County received a share of the

County's sales tax revenues equal to 11½ % and

WHEREAS, IN 1982 the sales tax was increased by Rensselaer County in all the towns and

villages in the County and the level of sales tax revenue distributed to the towns and villages was not

increased, and

WHEREAS, the Rensselaer County deficit, which was cited as the reason for not giving the towns

and villages their fair share of the sales tax distribution, was eliminated several years ago, and

WHEREAS, the towns and villages of Rensselaer County continue to Lace increasing costs for

services, salaries, equipment, insurance coverage, solid waste and a number of other significant items,

and

WHEREAS, Rensselaer County continues to receive increasing revenues from sales tax, much of

which is the result of growth in the towns and villages of the County, and

WHEREAS, although accurate figures are not presently available, it is clear that a return to the

ll½% share would result in a substantial increase in revenue to the town,now be it therefore

RESOLVED THAT the Town Board of the Town of Sand Lake urges the Rensselaer County

Legislature and the County Executive to restore the 11.5% sales tax distribution to the towns and

villages of the county and be it further

RESOLVED that the Town Clerk is directed to send copies of this resolution to the Rensselaer

County Executive and the members of the County Legislature and to all Town Supervisors and Village

Mayors in Rensselaer County.

During discussion, Supervisor Carpenter moved and Councilman Philippi seconded to table this

resolution until a letter the Supervisor has written to the County Executive regarding this matter has

been acted upon. The motion to table was defeated by a voice vote, 3 NAYS, 2 Yeas. The following votes

on the Resolution were cast on roll call:

Delaney-Yes Helier-Yes Philippi-No Tallman-Yes Carpenter-No The Supervisor's letter is to become a part

of these minutes.

Councilman Philippi moved and Councilman Delaney seconded the following resolution:

WHEREAS, the Supervisor has before him the proposed contract of the Hudson River Humane

Society for dog control in 1989, and

WHEREAS, the Chair of the dog control committee has recommended approval and acceptance

of the contract with modifications she has negotiated with the Society, now therefore be it

RESOLVED,that the Supervisor is authorized and directed to enter into the said contract on

behalf of the Town, with the recommended modifications.


Delaney-Yes Heller-Yes Philippi-Yes Tallman-Yes Carpenter-Yes


WHEREAS, the terms of Library Trustees Stuart Lipschultz and Shaon Bonk expired December 10,

1988, and

WHEREAS, Sharon Bonk will no longer be able to serve on the Library Board, and the Town

Board has reviewed the resumes of prospective trustees to replace her, now therefore be it

RESOLVED,that this Board pauses in its deliberations to offer its sincere thanks to Ms. Bonk for

her generous contribution of time and energy to the library, and be it further

RESOLVED, that Stuart Lipschultz and Jacqueline Gavryck are hereby appointed to the library

board for 5 year terms commencing 12/10/88.


Delaney-Yes Heller-Yes Phiippi-Yes Tallman-Yes Carpenter-Yes

Councilman Tallman moved and Supervisor Carpenter seconded the following resolution:

WHEREAS, The Planning Board has prepared and submitted to the Town Board comprehensive

recommended amendments to the Zoning Ordinance, and

WHEREAS, it is the desire of both boards that consideration and review of the comprehensive

amendments should not delay enactment of needed technical changes, and

WHEREAS, the Zoning Officer and Attorney have also recommended technical and updating

changes in the Zoning Ordinance, now therefore be it

RESOLVED, that the Attorney is directed to draft the amendments which he, the Zoning Officer

and the Planning Board have decided to recommend at this time, and that the draft amendments shall

be submitted to the Planning Board for review and recommendation prior to the next meeting of the

Town Board, and be it further

RESOLVED, that the Town Clerk shall publish notice of the proposed amendments and public

hearing thereon, so that this Board can consider their adoption at its next regular meeting, if possible.




WHEREAS, the Town Board has determined that a portion of the Sewer District real property

abutting Sunset Terrace and lands of Carol A. Nash is not needed for Sewer District purposes, and

WHEREAS, such property has been found to have a value of $1,000, now therefore, in



$1,000 upon her submission of a deed in proper form and subject to the easement in favor of the Sewer

District for sewer and/or water lines and the maintenance thereof.

During discussion, the following amendment to the resolution was moved by Councilman

Delaney and seconded by Councilman Heller, All were in favor:

"and be it further RESOLVED that the Clerk shall post and publish notice of a permissive

referendum on such conveyance as required by the Town Law."

The following votes were cast on roll call on the resolution as amended:


Local Law #2 of 1988 on the operation of the Sanitary Landfill was not enacted because the

following changes were proposed by Councilman Tallman and approved by all Board members: SECTION

4 - "Such permits shall be issued by the Town Clerk. . .insert "and by the Landfill Operator"... SECTION 12

- . . .shall be subject to a fine of not less than $25.00 and not more than $1,000.00.. .".

The Town Clerk shall publish notice of a public hearing to be held on these changes at the next

regular meeting of the Town Board. All were in favor.

General Fund Warraht #12 was approved for payment by a motion made by Councilman Heller

and seconded by CounciimanTallmani. Allwere in favor.

Highway Fund Warrant #12 was approved for payment on a motion made by Councilman

Taliman and seconded by Councilman Delaney. All were in favor.

The Board discussed a proposed resolution for a BAN for $45,000 to finance deficiencies in the

1988 Town Budget. After much discussion, Councilman Heller moved to table this resolution until the

Board gets financial figures from George Provost, the accountant. Councilman Tailman seconded. All

were in favor.

The meeting was then opened to comments from the general public.

Kay Bradley thanked the Board for their action tonight on the salt pad and stated that only three

homes were affected.

Sue Burke questioned the 1989 tax rate. Supervisor Carpenter informed her that it would be

9.9%.

Sue Burke asked about the status of the Maloy lawsuit. Counselor Breselor explained that at the

present time the case is quiet.Judge Pryor has depositions before him from both sides, and it may be up

to 6 weeks before any new motions are entertained.

Tom Delaney questioned the allocation in the final 1989 budget for a receptionist in the

Supervisor's office, since this item was not discussed at the public hearing on the preliminary

budget.The Supervisor explained that when the Board worked on finalizing the 1989 budget certain

areas were cut out, such as hours for a clerical assistant for the Assessor, and sewer maintenance, and

monies were provided for additional help in the Supervisor's office.

TOM Delaney also asked if the Town had anyone on unemployment insurance at the present

time. He was told that we were not sure if there was anyone on unemployment at the present time, that

the person who was now had a full time job.

Sue Burke asked Attorney Breselor if the Supervisor could change the procedural rules on public

comments as he had done at the beginning of the meeting. Counselor's opinion was that the Supervisor

may adjust the rules to provide for an orderly meeting.

Ben Gauch, Jr. asked if any thought had been given to compensating the home owners who had

well contamination in the Bradley development. He was told he might try submitting an insurance claim

through the town's insurance.

Frank Fleming stated that he thought it was a disgrace that Councilman Philippi hadn't had the

decency to stay and vote on the `89 budget after she had been so critical of previous administration's

budget practices. She said that she had previously announced that she had limited time to give to the

budget meeting on that particular, and that she had a previous commitment that she felt she had to

honor.

Russ Bennett submitted to the Town Board a petition from residents of Clay's Lane protesting

the rezoning of the Wagner property.

Councilman Tallman moved and Councilman Delaney seconded a motion for adjournment. All

were in favor, and the meeting was adjourned at 11:15 P.M.


Arthur Mardon

Deputy Town Clerk


DECEMBER 14, 1988


Supervisor Carpenter at 7:35 P.M. at the Town Hall in Sand Lake, New York. After the Pledge of

Allegiance, the following answered roll call:

Supervisor Carpenter – Present Councilman Philippi – Present

Councilman Delaney – Present Councilman Tallman – Present

Councilman Heller – Present Dep. Town Clerk Mardon – Present

Attorney Bradley – Present

Attorney Breselor – Present

Others present were: Bernie Mardon, Linda Reynolds, Frank Fleming, Justin Schultz, Flora

Fasoldt, Steve Robellotto, Frank Allen, Tim Schramm, Mark Sherwin, Mike Davis, Tom Delaney Joseph

Warren, Mike Philip, John Lesniak, Allan Randall, Sue Burke, Brian Weiss, Mary Hilt, Russ Bennett, Kay

and Don Bradley, Angelo Patti, and Cricket Kirkwood.

The minutes of the Board meetings of November 9, 10, 11, 14 and 21 were approved as printed

on a motion by Councilman Tallman, seconded by Councilman Heller. All were in favor.

The Town Clerk’s report was read and accepted by the Board.

The Supervisor’s report was read. Councilman Delaney questioned the expenditure of $24000 for audits

with no figures available to the Board after 8 months. Supervisor Carpenter replied that these were

attempts to audit the ’86 and ’87 budgets and had nothing to do with ’88. The Supervisor commended

the AP/SL, WSL, and Taborton Fire Companies for their actions in preventing a major disaster during the

Ackner Fuels fire on December 10.

COMMITTEE REPORTS: Councilman Tallman reported that two insurance vouchers can e delayed until

1989. He also reported that 36.6 miles of TV cable has been installed in town and there are over 1300

subscribers.

Councilman Heller reported that Nola Reis has resigned as Town Library Director, and that Jane Minotti

is serving as acting director until a permanent director is named. She also asked that citizens report any

burned out street lights to the Town.

Councilman Delaney gave the Youth report, and ststed that there would be a resolution later in the

meeting regarding the establishment of the capital fund.

Councilman Philippi reported that she has a grant application for the Senior Citizens for $2500 for 1989.

She also read a letter from Cora Hoffay, a copy of which becomes a part of these minutes.

Attorney Bradley reported on the status of delinquent sewer hookups.

The Zoning Board of Appeals report was given by Frank Allen.

The Highway report was given by Brian Weiss.

The HUD report was given by Tim Schramm.

The meeting was then opened to those present. Supervisor Carpenter ruled that comments at this time

would be limited to agenda items only. Frank Fleming and Sue Burke questioned this ruling on the

grounds that they could not discuss an item before they knew what it was about. Frank Fleming then

asked the Supervisor for an explanation of each item on the agenda. Angelo Patti suggested that the

Board act tonight on the Zoning Amendments to forestall any future problems such as the Maloy suit

from reoccurring. Councilman Delaney asked the Supervisor if he had had any word from ENCON

concerning the salt pad problem at Bradley Estates. He said he had not. Mike Philip stated that he had

contacted ENCON and was advised that ENCON’s attorney, Pat Fish, had spoken with Attorney Breselor.

The Supervisor replied that the ENCON attorney had spoken with the Town concerning a problem at the

Town Garage, not the Bradley development. Brian Weiss stated that the lack of a salt pad was not his

fault; he had never been given any direction, and had been ordered by the Supervisor not to spend any

more monies. The Supervisor stated that he had never told him that. Carpenter moved and Philippi

seconded a motion that Brian be directed to move the salt from its present location to the newly cleared

area. On a voice vote, the results were 3 nays and 2 yeas. Brian stated that the County would be out on

December 15th and the salt pad will be laid on that day.

BUSINESS: A motion was made by Councilman Tallman and seconded by Councilman Heller to grant a 4

½% pay raise for 1989 to the HUD Administrative Assistant. All were in favor.

In relation to the update of the Town map and street index, Supervisor Carpenter stated

that he was in contact with the county and that there are aerial maps available to aid in the construction

of new maps.

RESOLUTIONS: Councilman Delaney moved and Councilman Philippi seconded the following resolution:

WHEREAS MILLER’S MARKET has generously donated $1400 to the Town for youth and

recreation, and an additional $100 has been donated by the Landmark Pub, and $50 from Michael’s

Lounge, and

WHEREAS we appreciate this valuable assistance and hope that additional donations will

be made in the future, now therefore be it

RESOLVED that a separate segregated fund for these funds shall be established and a

separate bank account maintained for this fund, and be it further

RESOLVED That the Supervisor is authorized and directed to establish this fund and

open this account before the close of the current fiscal year, and deposit all moneys received for this

purpose in this account immediately upon opening the account, and immediately after receipt of future

donations.




WHEREAS, PRIOR TO 1982 the towns and villages of Rensselaer County received a share of the

County’s sales tax revenues equal to 11½% and

WHEREAS, IN 1982 the sales tax was increased by Rensselaer County in all the towns and

villages in the County and the level of sales tax revenue distributed to the towns and villages was not

increased, and

WHEREAS, the Rensselaer County deficit, which was cited as the reason for not giving the towns

and villages their fair share of the sales tax distribution, was eliminated several years ago, and

WHEREAS, the towns and villages of Rensselaer County continue to face increasing costs for

services, salaries, equipment, insurance coverage, solid waste and a number of other significant items,

and

WHEREAS, Rensselaer County continues to receive increasing revenues from sales tax, much of

which is the result of growth in the towns and villages of the County, and

WHEREAS, although accurate figures are not presently available, it is clear that a return to the

11½% share would result in a substantial increase in revenue to the town, now be it therefore

RESOLVED THAT the Town Board of the Town of Sand Lake urges the Rensselaer County

Legislature and the County Executive to restore the 11.5% sales tax distribution to the towns and

villages of the county and be it further

RESOLVED that the Town Clerk is directed to send copies of this resolution to the Rensselaer

County Executive and the members of the County Legislature and to all Town Supervisors and Village

Mayors in Rensselaer County.

During discussion, Supervisor Carpenter moved and Councilman Philippi seconded to table this

resolution until a letter the Supervisor has written to the County Executive regarding this matter has

been acted upon. The motion to table was defeated by a voice vote, 3 NAYS, 2 Yeas. The following

votes on the Resolution were cast on roll call:

Delaney-Yes Heller-Yes Philippi-No Tallman-Yes Carpenter-No

The Supervisor’s letter is to become a part of these minutes.

Councilman Philippi moved and Councilman Delaney seconded the following resolution:

WHEREAS, the Supervisor has before him the proposed contract of the Hudson River Humane

Society for dog control in 1989, and

WHEREAS, the Chair of the dog control committee has recommended approval and acceptance

of the contract with modifications she has negotiated with the Society, now therefore be it

RESOLVED, that the Supervisor is authorized and directed to enter into the said contract on

behalf of the Town, with the recommended modifications.




WHEREAS, the terms of the Library Trustees Stuart Lipschultz and Sharon Bonk expired

December 10. 1988, and

WHEREAS, Sharon Bonk will no longer be able to serve on the Library Board, and the Town

Board has reviewed the resumes of prospective trustees to replace her, now therefore be it

RESOLVED, that this Board pauses in its deliberations to offer its sincere thanks to Ms. Bonk for

her generous contribution of time and energy to the library, and be it further

RESOLVED, that Stuart Lipschultz and Jacqueline Gavryck are hereby appointed to the library

board for 5 year terms commencing 12/10/88.


Delaney-Yes Heller-Yes Philppi-Yes Tallman-Yes Carpenter-Yes

Councilman Tallman moved and Supervisor Carpenter seconded the following resolution:

WHEREAS, The Planning Board has prepared and submitted to the Town Board comprehensive

recommended amendments to the Zoning Ordinance, and

WHEREAS, it is the desire of both boards that consideration and review of the comprehensive

amendments should not delay enactment of needed technical changes, and WHEREAS, the Zoning

Officer and Attorney has also recommended technical and updating changes in the Zoning Ordinance,

now therefore be it

RESOLVED, that the Attorney is directed to draft the amendments which he , the Zoning Officer

and the Planning Board have decided to recommend at this time, and that the draft amendments shall

be submitted to the Planning Board for review and recommendation prior to the next meeting of the

Town Board, and be it further

RESOLVED, that the Town Clerk shall publish notice of the proposed amendments and public

hearing thereon, so that this Board can consider their adoption at its next regular meeting, if possible.


Delaney-Yes, Heller-yes, Philippi-Yes, Tallman-Yes, Carpenter-Yes.


WHEREAS, the Town Board has determined that a portion of the Sewer District real property

abutting Sunset Terrace and lands of Carol A. Nash is not needed for Sewer District Purposes, and

WHEREAS, such property has been found to have a value of $1,000, now therefore, in



$1,000 upon her submission of a deed in proper form and subject to the easement in favor of the Sewer

District for sewer and/or water lines and the maintenance thereof.

During discussion, the following amendment to the resolution was moved by Councilman

Delaney and seconded by Councilman Heller, All were in favor:

“and be it further RESOLVED that the Clerk shall post and publish notice of a permissive

referendum on such conveyance as required by the Town Law.”

The following votes were cast on roll call on the resolution as amended:

Delaney-Yes, Heller-Yes, Philippi-Yes, Tallman-Yes, Carpenter-Yes.

Local Law #2 of 1988 on the operation of the Sanitary Landfill was not enacted because the

following changes were proposed by Councilman Tallman and approved by all Board members:

SECTION 4 – “Such permits shall be issued by the Town Clerk…insert “and by the Landfill Operator”…

SECTION 12 - …shall be subject to a fine of not less than $25.00 and not more than $1,000.00…”.

The Town Clerk shall publish notice of a public hearing to be held on these changes at the next

regular meeting of the Town Board. All were in favor.

General Fund Warrant #12 was approved for payment on a motion made by Councilman Heller

and seconded by Councilman Tallman. All were in favor.

Highway Fund Warrant #12 was approved for payment on a motion made by Councilman

Tallman and seconded by Councilman Delaney. All were in favor.

The board discussed a proposed resolution for a BAN for $45,000 to finance deficiencies in the

1988 Town Budget. After much discussion, Councilman Heller moved to table this resolution until the

Board get financial figures from George Provost, the accountant. Councilman Tallman seconded. All

were in favor.

The meeting was then opened to comments from the general public.

Kay Bradley thanked the Board for their action tonight on the salt pad and stated that only three

homes were affected.

Sue Burke questioned the 1989 tax rate. Supervisor Carpenter informed her that it would be

9.9%

Sue Burke asked about the status of the Maloy lawsuit. Counselor Breselor explained that at the

present time the case is quiet. Judge Pryor has depositions before him from both sides, and it may be

up to 6 weeks before any new motions are entertained.

Tom Delaney questioned the allocation in the final 1989 budget for the receptionist in the

Supervisor’s office, since this item was not discussed at the public hearing on the preliminary budget.

The Supervisor explained that when the Board worked on finalizing the 1989 budget certain areas were

cut out, such as hours for a clerical assistant for the Assessor, and sewer maintenance, and monies were

provided for additional help in the Supervisor’s office.

TOM Delaney also asked if the Town had anyone on unemployment insurance at the present

time. He was told that we were not sure if there was anyone on unemployment at the present time,

that the person who was now had a full time job.

Sue Burke asked Attorney Breselor if the Supervisor could change the procedural rules on public

comments as he had done at the beginning of the meeting. Counselor’s opinion was that the Supervisor

may adjust the rules to provide for an orderly meeting.

Ben Gauch, Jr. asked if any thought had been given to compensating the home owners who had

well contamination in the Bradley development. He was told he might try submitting an insurance claim

through the town’s insurance.

Frank Fleming stated that he thought it was a disgrace that Councilman Philippi hadn’t had the

decency to stay and vote on the ’89 budget after she had been so critical of previous administration’s

budget practices. She said that she had previously announced that she had limited time to give to the

budget meeting on that particular, and that she had a previous commitment that she felt she had to

honor.

Russ Bennett submitted to the Town Board a petition from residents of Clay’s Lane protesting

the rezoning of the Wagner property.

Councilman Tallman moved and Councilman Delaney seconded a motion for adjournment. All

were in favor, and the meeting was adjourned at 11:15 P.M.


Arthur Mardon

Deputy Town Clerk

1988 TOWN OF SAND LAKE ORGANIZATIONAL MEETING …FECD5B14... · 2019-09-24 · 1988 TOWN OF SAND LAKE ORGANIZATIONAL MEETING JANUARY 6, 1988 The organizational meeting of the Town

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