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2000-01-24 TOWN BOARD MEETING JANUARY 24, 2000 7:00 P.M. MTG#5 RES#42-63 B.H. 1-3 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS HIGHWAY SUPERINTENDENT, RICK MISSIT A DEPUTY HIGHWAY SUPERINTENDENT, MIKE TRAVIS COMPTROLLER, HENRY HESS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUIND DIRECTOR OF BUILDING AND CODES, DAVE HATIN PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DANIEL STEC RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 42, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 24th day of January, 2000, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone RESOLUTION DECLARING A HEALTH HAZARD AND SETTING HEARING ON PROPERTY OWNED BY RONALD AND PAULA BARTOSEVICH (TAX MAP NO.: 48.-3-50.8) RESOLUTION NO.1, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, has advised the Town of Queensbury Local Board of Health that he has received complaints from neighbors concerning garbage and rubbish on property owned by Ronald and Paula Bartosevich located at 11 Nottingham Drive, Queensbury (Tax Map No.: 48.-3-50.8), and WHEREAS, Mr. Hatin has investigated and inspected the property and has advised the Local Board of Health that in his opinion the property is a health hazard and a nuisance to the neighborhood with garbage and rubbish scattered throughout the property, easily accessible to children, the general public and animals, and is unsafe to the general public and therefore has strongly recommended that the Board of Health take action if the property owner fails to clean-up and secure the property as more specifically set forth in Mr. Hatin's letter dated January 20th, 2000, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that property owned by Ronald and Paula Bartosevich bearing Tax Map No.: 48.-3-50.8 and located at 11 Nottingham Drive, Queensbury appears to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and therefore the garbage and rubbish should be removed and the property secured, and BE IT FURTHER, RESOLVED, that the property owner shall commence cleaning-up and securing the property within 30 days of receipt of notice from the Town and complete the work within 60 days thereafter unless good cause is shown by Ronald and Paula Bartosevich or other interested persons whereupon the Town Board shall consider a time extension and BE IT FURTHER RESOLVED, that the Town of Queensbury Local Board of Health shall conduct a hearing concerning the property owned by Ronald and Paula Bartosevich on February 14th, 2000 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or his executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the New York Public Health Law. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: DIRECTOR OF BUILDING AND CODES, DAVE HATIN-Apparently the owners of the house have abandoned the house and left it in the Realtors hand. I've talked to the Realtor several times she does not know the whereabouts of the owners they refuse to tell her where they are or give any phone numbers so I cannot make any contact with them. I sent a certified letter have not received receipt that they received that yet so the next step is to take a Board of Health action. What we basically have here is a bunch of garbage and rubbish that was left upon the abandonment of the property the only way to clean this up is go through a Board of Health action then authorize me to pay somebody to clean it up. COUNCILMAN MARTIN-Where is that located actually in there? DIRECTOR OF BUILDING AND CODES, MR. HATIN-It is right on the comer of Nottingham and Yorkshire the second house on the left. SUPERVISOR BROWER-You see bags of garbage just stacked up along the side of the house then there is a full shed full of garbage. DIRECTOR OF BUILDING AND CODES, MR. HATIN-There is probably about good fifty, sixty bags of garbage plus there is about a hundred bags of leaves. COUNCILMAN BREWER-If you don't know who the owners are how are you going to contact them? DIRECTOR OF BUILDING AND CODES, MR. HATIN-We do know who the owners are the problem is we can't make contact with them so my only other option is to come to you to authorize an expenditure to get this cleaned up. COUNCILMAN BREWER-Then we bill the owners? DIRECTOR OF BUILDING AND CODES, MR. HATIN-We can bill it to the taxes depending on cost; it may not be cost effective to go after the money because of the legal fees. COUNCILMAN BREWER-I'll make a motion to set the public hearing. COUNCILMAN MARTIN-I'll second that. VOTE TAKEN RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.2, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 24th day of January, 2000, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower Noes: None AbsentNone PUBLIC HEARINGS CONSTRUCTION OF NEW FIREHOUSE BY BAY RIDGE VOLUNTEER FIRE COMPANY, INC. ATTORNEY PAUL PONTIFF REPRESENTING BAY RIDGE VOLUNTEER FIRE COMPANY, INC., RICHARD JONES ARCHITECT FOR PROJECT DRAWINGS OF FIREHOUSE SHOWN TO TOWN BOARD MEMBERS AND PUBLIC OPENED NOTICE SHOWN ATTORNEY PONTIFF-I am representing Bay Ridge Volunteer Fire Company. Essentially what we're asking here is fairly technical approval by the Town to meet the requirements of the Internal Revenue Code with respect to tax exempt financing for firehouse construction. This is necessary in order to enable the Fire Company and the Town to reduce costs by tax exempt financing and is purely technical in nature. In terms of what proposal may be involved concerning the fire company if anybody has any questions or if the board would like to hear anymore information we would be happy to provide it either directly or through the Chief who is here. I'm not sure whether or not we need to go much further other than the financing resolution which is essentially what we're dealing with here tonight. COUNCILMAN BREWER-I would just ask do you have some drawings that we could put up maybe? ATTORNEY PONTIFF-The architect is here and maybe could show you some schematic drawings. COUNCILMAN BREWER-Maybe show us and also the public that maybe have a concern or questions. ATTORNEY PONTIFF-We could do that. We also have some letters from residents in the area supporting the proposition of construction. We also have letters of support from the County Fire Coordinator and Deputy Fire Coordinator. If you would like to see that material we can make that available right now. If there are any specific questions about the construction I think they can either be addressed by the Architect Mr. Jones or by the Chief Chip Mellon. If you like a little background I think Chip can give you that in order to help you come to a conclusion with respect to the financing, but I'm waiting for the board to give me some indication of what they like to have. Do you want to see the schematics? COUNCILMAN MARTIN-That might be helpful for those who came. SUPERVISOR BROWER-Yes, I think that would be appropriate. COUNCILMAN BREWER-Yes, maybe a short presentation from Mr. Jones. COUNCILMAN BREWER-Maybe they can explain why. RICHARD JONES, ARCHITECT REPRESENTING THE BAY RIDGE FIRE COMPANY -I'd like to just briefly give you a little background on the project. What we have here are some elevations some schematic elevations that depict what we want the building to look like as well as the lower plan is a plan of the site indicating location of the building. What I'll do is just briefly walk you through. The basic building as depicted on the site plan the road along the bottom is Bay Road this is Old Bay Road which loops around the backside. The main portion of the building will actually front Bay Road which is the west side of the property. We've set this up so that the apparatus bays are on the north end of the property. We've got drive-thm access they will be actually exiting out onto Bay Road, but we have drive-thm bays, which allows the trucks to go back through into the building on the backside of the building. The south end of the building are the public spaces we have a meeting room for approximately ninety-nine people in the building plus offices for the Fire Company. The plan for the building basically depicts that here are the drive-thm bays which would be the north end of the building. We have one enclosed wash bay in the apparatus area and then we have a series of offices these are all fire company offices, a day room some equipment storage rooms and that type of thing in the center of the building and the public space actually is on the south end of the building. The public space itself has parking associated with it on this end of the building the south end again, here we're looking at access from the backside off Old Bay Road as well as Bay Road. What we're attempting to do is keep the traffic for the public and the fire company separate we do not want a conflict with traffic from the two on the site so we do have that individual ingress and egress for the public area. The fire company parking is on the north end of the building and they will actually be responding coming into this end of the building near the apparatus bays. The building itself as I indicated these are schematic elevations of the building and we were trying to do a concept that basically allowed us to fit where the single-family residential area adjacent to it. We're looking at a building that has pitched roofs; we are looking at some type of stone or masonry band around the building as a waynes coat with the water table running approximately three to four feet high around the base of the building. The building as I said has pitched roofs we're looking at a asphalt single type roof. The siding of the building we're looking at a combination of horizontal siding and some type of material that will assimilate a wood single type treatment around the upper bands of the building. The gables as you are looking at the little eyebrows around the building will be used for ventilation of the attic spaces as well as ventilation of mechanical equipment. The basic building is single story we're looking at a masonry bearing wall wood framed roof approximately sixteen thousand square feet total of which approximately nine thousand square feet are the apparatus bays in the facility. This will give you an indication of the size and the scale of the building itself. COUNCILMAN MARTIN-What is the building height? MR. JONES-The building height is just about thirty-five feet, which is allowed in that zone. The maximum height allowable is thirty-five feet. The basic site itself is fairly flat it is pitching from the north end to the south end. We have plenty of space on site for both circulation and parking as well as on site storm management for water, for runoff, and our on site septic systems as required. We currently have a well down here on the north end of the property it would be our hope that we could reuse that well for at least replenishing trucks, filling trucks that type of thing. We made need to put another well on site for the domestic use of the building itself we haven't determined that yet. That will give you an overview of what we're looking at as far as the building. CHARLES MELLON, JR., BAY RIDGE FIRE CHIEF-To begin with do you the board members have any specific questions that I can answer? SUPERVISOR BROWER-You might just to describe to us or tell us why you are looking to construct a new building. MR. MELLON-Basically Bay Ridge Fire Company has been in the planning stages for replacement of Station One which is the Sunnyside Road facility for over five years. This has been referred to and previously submitted five year plans as well as the MMA Fire Study that was commissioned by the Town of Queensbury in nineteen ninety five to review the Fire and EMS Services of the Town. Our current station was designed for apparatus of the fifties and sixties with narrow and shallow apparatus bays and only ten foot overhead doors newer apparatus won't fit into this station today's firefighter and apparatus is generally higher and longer. We currently have two pieces of apparatus that won't fit into this station. We need apparatus space to house all seven pieces of our apparatus. We need storage space there is virtually none now. We need office space and as well as a larger meeting and training room space. We also need a building with full emergency power that can be used, as an emergency shelter in the event of any emergency that occurs in the Town that requires lodging of the residents. Hurricane Floyd in September required us to evacuate some sixty residents of Ledgeview Village to our station. In the Blizzard of 93 also required us to man the stations and use it for an emergency shelter. There is no room for growth or expansion on the current facility. So basically with all the above factors in mind we realized we had two options either rebuild the current station or build a new station off site. We researched the availability of land and found that the Bay Road property was available and on January 10th, the Warren County Board of Supervisors approved the land sale to Bay Ridge Fire Company. This location provides many advantages it is centrally located to the fire district in fact, I can show that to you on the map. What I've got is the Fire District Map is mapped out on a Queensbury Map and it pins points the location of the station and the purple X basically you can see it as the geographic center of our district. COUNCILMAN MARTIN-Chip what would be your response time do they look like they will be pretty well maintained? MR. MELLON-Our response time basically would improve. We have good access routes both from the station to the scene and also for our members to get to the station. Currently with two stations we have to have a crew on each apparatus before it leaves the station so if you have people going to two different stations you could see how it would take longer to get one piece of apparatus on the road where if everybody is going to one location exactly you can get a piece of apparatus quicker on the road which improves our response time. The site does provide excellent response routes as I mentioned to all parts of the districts in addition to its proximity to Route 149, where we have several motor vehicle accidents including tractor-trailer rollovers. As far as line of sight it provides very good lines of sight for emergency vehicles entering on to Bay Road both north and south. Currently we have difficulty crossing the intersection of Sunnyside and Bay Road from Sunnyside due to poor visibility. As I mentioned this is centrally located for our manpower and the property is large enough for future expansion. So basically Richard Jones Associates was retained to first perform a Feasibility Study of both sites the Station One property and the Bay Road site. This was done number one; to justify to ourselves, number two, to the County and Town Boards and finally three, to the taxpayers that this was the best way to proceed. The Feasibility Study showed that Station One property is not practical or large enough to accommodate our needs while the Bay Road site is ideal for both current and future needs. We then began the design process and since our members are also neighbors of the area we wanted something that basically was aesthetically pleasing and as you can see we feel that we've done that. We also realized that we needed a plan to dispose of our current stations so they were both appraised and are currently listed with a Realtor and any proceeds would be used towards this new building. At that point we made the decision unanimously to consolidate our operations into one facility. This would improve response times and manpower would actually be more efficient. We notified surrounding residents of our plans and offered to meet with them to address any concerns they had. We did meet with some of these neighbors and positively addressed these concerns. We have the letters of support which I've given the board members. We've got five letters of support from both residents and neighbors of that property as well as the Warren County Fire Coordinator and the Warren County Deputy EMS Coordinator Offices. So basically now we're asking you to pass this resolution so we can proceed with the project. In closing the construction of a new modernize Fire Station has the potential to benefit all the residents of Queensbury for many reasons. Larger apparatus, storage and office space will allow a more capable operation. A centralized location in the Bay Ridge Fire District will allow us to be more efficient this will in turn improve response times to fire and rescue calls. An emergency shelter with full generator power will be provided in the event of a catastrophic event. The consolidation of two stations into one will ultimately reduce cost to the taxpayers. Overall this project will put us in a position to provide fire protection under our existing contract. Finally since many Bay Ridge Fire Company members are life long residents of the community in Queensbury we take pride in providing quality fire and rescue services to our community and feel that construction of a new fire station would further enhance our services. If you have any questions I will answers those for you. COUNCILMAN BREWER-Do you have a time table? MR. MELLON-Time table, Dick maybe I can refer that to you. COUNCILMAN BREWER-You are going to completely build that before you take any apparatus out of either one of the stations? MR. MELLON-Yeah. Due to space limitations we really can't move into the new facility and abandon the old one before moving in because of that. We do have plans to dispose of both stations as I mentioned. Currently the Realtor has had interest in both facilities and if we can give the interested parties a tentative date when they would be available we could actually proceed a little bit further, but at this point until we can give them a time line we can't really do that. Time line as far as moving in we're anticipating the spring of 200 1 if everything moves as planned. COUNCILMAN BREWER-The sale of station one and two, I'm guessing station two would pay for itself the sale of that? MR. MELLON-Yeah. COUNCILMAN BREWER-And one would be applied to... .... MR. MELLON-Applied to this facility whether it be it in a mortgage payment or associated cost furnishings whatever we need for the station, yes. COUNCILMAN BREWER-Wasn't that figured into your budget the furnishings in the purchase price? MR. MELLON-There are some furnishings there maybe some associated costs, but at any rate it would go towards the building, yes. COUNCILMAN BREWER-You would apply it right to the principal? MR. MELLON-If we can, yes. COUNCILMAN MARTIN-Chip what year was station one was built? MR. MELLON-Originally it was built in 1954. COUNCILMAN MARTIN-There has been some additions and things like that. MR. MELLON-The most recent additions I think in the late sixties early seventies, mid seventies. Basically they were cosmetic type additions, but they didn't give us any extra space really. COUNCILMAN MARTIN-Then station two? MR. MELLON-That was built in 1987. COUNCILMAN MARTIN-You had a committee working on this how many people worked on the committee? MR. MELLON -We had a committee which consisted of a Board of Directors and some other members of the department approximately twelve people are on the committee. We've been actively involved for the past fifteen sixteen months, really since 1995 we've started really haven't officially acted on it until we felt we were in a better financial situation to do that. COUNCILMAN MARTIN-How many man hours would you say you've got into this analysis? MR. MELLON-That be really hard to say probably in the hundreds if not thousands I really can't tell you for sure. COUNCILMAN MARTIN-I ask that question because I wanted to get it in the record. I want to commend the hours that were spent on this. I think if we were to hire a private firm to go into the investigation that you people have undertaken it would cost us thousand of dollars to have that kind of analysis done especially with the background and experience applied to that process so I thank you for donating that time to the Town to get this done right. COUNCILMAN TURNER-Just for information what size is the property at station one and station two? MR. MELLON-Approximately one acre at station two. I can tell you if you want to hold on for just one second we have that information here. SUPERVISOR BROWER-In the meantime, I'd like to ask the Clerks Office to make these letters part of the record of the public hearing that we've received did you get a copy? DEPUTY TOWN CLERK O'BRIEN-I didn't get them, no. I have one that was in our box today would you like me to read it; it is not in favor of it? SUPERVISOR BROWER-Yes, I think that would be appropriate. MR. MELLON-Station one is one point four and Station two is a little over an acre. COUNCILMAN MARTIN-Dick you've designed this building so there is expansion capability for future use oflife? MR. JONES-We've designed the building so that there is expansion capability not only on the apparatus bay but also on the office or the public end of the building as well. COUNCILMAN STEC- The apparatus storage space station one, station two, and proposed do you have those numbers again the square footage, apparatus storage? MR. MELLON-Approximately nine thousand of square feet in the new station. The existing stations probably about five to six thousand square feet I'm guessing. COUNCILMAN STEC-Total? MR. MELLON -Yes. Some of the space in those current bays have as I indicated they are ten foot overhead doors and they reduce with the cross beams that are in the building they go down to about nine and a half feet so they can't really be used for apparatus because they are too small. COUNCILMAN BREWER-Especially in station one you talk about the square footage, but it really is not true square footage because it is cut up so much. MR. MELLON -We have some bays in the back part of station one that are not useful for anything other than small equipment because we can't put vehicles in them as you mentioned. They were designed basically for ambulances our fire apparatuses are longer and higher than that. SUPERVISOR BROWER-Anymore questions from the board? COUNCILMAN BREWER-No let's here from the public. SUPERVISOR BROWER-Thank you very much. Before we hear from the public either for or against I'd like Karen to indicate who the positive support letters were from so we can read that into the record. Although, I won't ask her to read the letters we did receive a letter in opposition today, frankly it came from Hudson Falls someone against it from Hudson Falls which was kind of surprising to me, but we will read that into the record anyway. DEPUTY TOWN CLERK O'BRIEN-These are the letters received supporting. The following letter were submitted: (1) Marvin F. Lemery, Fire Coordinator, (2) Gary Scidmore, Warren County Deputy EMS Coordinator, (3) John R. Doty, Jr. & Mary Anne Doty, (4) Joseph A. Duell, (5) Steve Myhrberg Letter in opposition. Richard Luther Hudson Falls, New York 12839 January 20, 2000 Queensbury Town Board Gentlemen: I am writing regarding the proposed oversize Bay Ridge Fire Station on Bay Road. A very poor location right on a curve and obstructing the highway sight distance and its commuter rural use. I will ask that additional consideration be given to the following and to reject this one station proposal in a residential area. I.The present two-location fire station setup is working well. 2.This proposal will result in slower response time to the entire eastern end of the fire district. 3.The current station one is adjacent to a state highway, Rt-9L better response route for many business and mutual and fire calls. 4. Station II is better situated closer to a population center and adjacent to a closely developed and densely population area. 5.The mortar has barely dried on Station II after asking taxpayers to fund this station only six years ago. Now these same taxpayers are being asked to give up their local station to one in a poor location. 6.Very poor overall planning leaving 2 commercial buildings in a residential zone. Meaning an invitation to business to locate in a residential zone, deteriorating the quality of residential life. 7.Poorer quality of fire protection overall with added traffic of fireman going to a single fire station to answer a call. Traffic hazard on Bay Road that does not have to be. Councilman, please reject this single station proposal completely. Queensbury does not need another oversized fire station like the one in North Queensbury where one fire company tires to outdo the others. Just like it used to be with fire equipment. Taxpayer should not be asked to fund anther Wal-Mart sized fire station built and heated with taxpayers funds, look at South Queensbury, where a solid panel oversized door conceal vacant trucks bays. Very truly yours, Richard Luther COUNCILMAN TURNER-I have one correction for his letter. The one station is in neighborhood commercial it is in the commercial district the other one is in a residential district. ATTORNEY PONTIFF-Mr. Chairman, I would just like to make one comment. I think you correctly appraised the letter being admitted into the record and I think that is appropriate to do. I just caution the board that this letter comes from outside the community and I'm not even sure that this person even has a standing to submit an objection. I don't want to make too much of that it is in the record and you'll consider it as it is. Thank you very much. SUPERVISOR BROWER-Thank you. Before we get started here would anyone like to comment.... COMPTROLLER, MR. HESS-I have a couple comments I'd like to make on the finances of this maybe it would be helpful before for the public if they hear this before they start their comment. SUPERVISOR BROWER-Roger would you be patient. COMPTROLLER, MR. HESS-I've been working with Bay Ridge on this for sometime. As we done for all the fire companies that come in with a new truck or a refinancing or a project of this we try to support it and enable it from the Town's point of view. This proposed plan does have a couple of features about it that just need to be said so that you are aware of and the public is aware of at this hearing. First of all this is non-typical financing in that they are asking for one hundred percent financing. The cost of the project is a million seven fifty they are asking for that full amount to be financed there is no evidence in the resolution that any equity from the other buildings will be applied to reduce the debt. We had done a cost projection or a financing projection for the board last week and distributed it, but assumed that some of this money would be used to reduce the debt and we made some calculations with that assumption. The resolution as presented does not reduce the debt so you are talking about one hundred percent financing. It in non-typical, just speaking with the banks that's not saying that this isn't bankable, but it will be made on the full faith and credit of the Town and not the Fire Company. The resolution does state that the interest rate is expected to be about five and a half percent that is not the market rate for bank financing today on tax free and will not extend for the life of the loan. My conversations with the banks right now that would probably be a three-year rate. They might make a twenty year loan might even make a twenty five year loan to get the debt service down, but it would be a slightly higher rate. If it were made today rates might go down and it might be five and a half percent, but the rate probably would be locked in for about three years with a balloon at the end and then be subject to re-negotiation at a new rate at that time. Debt service on this, the only thing I disagree with Chips presentation and I don't dispute the fact that it is going to be a more efficient use of manpower. I don't dispute any of the benefits of the building I do dispute the comment that it will cost the taxpayers less. From all the finances that I have and evaluate on this project it will increase the costs to the taxpayers. I'm not saying it is not worth it. I think that is what you have to evaluate. There is no scenario whereby this project will cause the taxpayers less than the two stations that they now have. Debt service on this building will be a three and a half to four times the current mortgage debt service that they are now carrying then the Town is now carrying for thern. SUPERVISOR BROWER-Henry is that assuming that they don't use sale of the properties to reduce the debt? COMPTROLLER, MR. HESS-That is assuming they do. SUPERVISOR BROWER-Assuming they do reduce the debt? COMPTROLLER, MR. HESS-From my projections I used one point five million dollars as the mortgage because that's what I thought it might be at the time. There are two other sources of funds we have equity from the sale. We have the possibility that this project might not use all of its contingency funds it might come in a little bit less. We have the possibility the Town will apply some money it has put in reserve to help reduce some of the mortgage of cost so I took that into consideration. Just for the sake of coming up with a fair calculation I used one point five million as a basis. At that the mortgage debt service will be three and a halftimes on an annual basis what they are paying now. There are no projected savings for utilities in the building because of the square foot difference. Like I said, I'm not speaking against the project I'm just making you aware of some of the financial implications that you need to consider. SUPERVISOR BROWER-Any questions from the board for Henry? COUNCILMAN BREWER-Where could we insert this or ask the fire company to agree to any monies gained. I mean they said they would do it, but it is safe to assume we should have it in the resolution the money from the proceeds of the buildings? SUPERVISOR BROWER-I think that would be a fair statement that the money be used to reduce the debt. COUNCILMAN BREWER-I don't know if the Fire Company has a problem with that. ATTORNEY PONTIFF-I'm only concerned about the satisfaction of the code requirements. If you want the Fire Company to agree to apply that I would prefer it not be in the resolution for financing because I think that might screw up our tax exempt financing. If you want the Fire Company to execute a letter of some sort which says they will apply those funds then I would have no objection to doing it that way. COUNCILMAN BREWER- I think that would be fine that's not a problem then. Just a letter of agreement or whatever is fine with me. SUPERVISOR BROWER-All right, I guess we're ready for public comment Roger would you like to say a few words. ROGER BOOR, RESIDENT OF QUEENSBURY. SUPERVISOR BROWER-Please state your street address Roger. MR. BOOR-83 SUNNYSIDE EAST-I have no problem with the new fire station. I'm sure that the fire department knows what they are doing they gave a very good presentation. My question out of ignorance is what happens to the old fire stations? Do they go up for public sale how does that work? SUPERVISOR BROWER-Chip maybe you can comment on that. I believe they have one up for sale with a couple interested buyers. MR. MELLON-We listed them with a realtor once we get approval then we can actually actively market them so they will be both up for sale. It isn't necessarily a bidding process unless we have more than one bidder. MR. BOOR -I guess that was my question. I'm uncertain as to whether this is a public entity or private entity. If it is a public entity does it have to go to auction in other words bidding, I guess? What if somebody puts an offer in and somebody else says I'm willing to pay more for that? ATTORNEY PONTIFF-I think part of the answer to that question is that with the financing because of the fiction that is created by the Internal Revenue Code. That the fire company stands in the shoes of the municipality they can do tax exempt financing and they do have to do bidding in connection with that. As to the sale of the property they are a private institution and I don't think bidding would apply in that instance that would be my opinion. MR. BOOR-Could you comment on that? ATTORNEY HAFNER-The property is owned by the Fire Company it is not owned by the Town. The rules the Town has to comply with selling its property doesn't apply because the fire company property is not ours. SUPERVISOR BROWER-But the Fire Company is relying upon the Town for financing. MR. BOOR-I guess that's where I am confused where does the taxpayers money go. Does it go into the building? If it does why wouldn't it be put out to bid? If it doesn't, I understand completely. ATTORNEY HAFNER-I think why the Town Board is suggesting the letter agreement where they have it in writing that the proceeds will be used to decrease the debt that is precisely why they raised that. MR. BOOR-Wouldn't it be to the benefit of the Town to go out to bid then couldn't you possibly get more money? SUPERVISOR BROWER-If you put it out for bid you are constricted by time. Let's say we have a bid tomorrow only those people showing up tomorrow that are interested in placing a bid will show up. MR. BOOR-That's the way it has to work. SUPERVISOR BROWER-I believe so. Where is you are selling your property for example your house you don't have to take the first offer if it is not acceptable to you. MR. BOOR-In other words you couldn't open up a forty five day period and say we will accept bids and you can be talking to a realtors in the interim and find out if somebody has put an offer in and you can top it, I don't know what is legal? SUPERVISOR BROWER-My understanding is that the fire companies can just about do whatever they feel is appropriate. I don't believe the Town has a lot of control over the disposal of their property. MR. BOOR-Okay. SUPERVISOR BROWER-Even though we finance them to a great extent. MR. BOOR-The co-mingling aspect... ... COUNCILMAN MARTIN-They are a contractor to us they are providing a service. SUPERVISOR BROWER-Anyone else like to comment? JEFF KANE, 11 SUNNYSIDE NORTH, Queensbury-It is a beautiful firehouse that they are proposing here. I have a couple questions concerning, what's the architect plans for the surrounding area as far as noise reduction to the neighborhoods and so on and so forth as far as that plan what's the contingency plan for that? SUPERVISOR BROWER-Mr. Jones. MR. JONES-Basically what we'd be looking at we've indicated some landscaping on the property at this time. This is a conceptual plan we wanted to make sure that the building was going to fit that the parking arrangements that type of thing and that we had adequate spaces. I had indicated before for on site septic and storm drainage we have that. What we would be actually proposing to the Town will be a fully landscaped plan which incorporate some buffers along the Old Bay Road side of the property. We're talking about berming, as I indicated before it is a fairly flat site so we want to do some elevational changes with grade in the backside, be it berms and plantings on that side as well to basically keep noise and traffic and headlights that type of thing on to the property. Anyon site lighting that we provide will have low cutoffs on them to keep the lighting on site we don't want it to wash onto the adjoining properties. Any lighting that is in soffits or on the building will be recessed so that it will not spill out onto the property. SUPERVISOR BROWER-I know there has been a great deal of effort in trying to not only keep existing neighbors happy, but also I believe it is the intention of this board should we approve this concept to send it on to the Planning Board for their evaluation as well. COUNCILMAN MARTIN-I think you have to remember, point well taken we're in a conceptual stage right now. There is a lot more detail to be given to that plan in terms of what is going to happen. I think this is a chance to turn around, I've lived in the area a long time that place has been a dump it has been a blight on the area. There was an old DPW station there with piles of sand and truck storage bins and broken down sheds it was a disaster this is going to be a chance here to make it vastly improved. I think if we come back with a nice landscaping plan some berming this can be a real investment for the community and really bring up the area. I think we can do a lot to mitigate as you say Dick, light problems, noise and. . ... well at the same time beautifying the site. SUPERVISOR BROWER-Mr. Kane would you like to comment further? MR. KANE-I have one other question. How are they going to work, it shows as you are heading north as you come around Bay Road whose responsibility is it to put up warnings letting them know there is a fire station ahead? Is there any plan in for a flashing light or anything as you start to approach that area has that been considered either? ATTORNEY PONTIFF-I think that will come as a result of the site plan review at the Planning Board. After that process goes forward I'll think you'll find that it will a requirement that will have to dealt with. MR. KANE-How about the whistle that you have now have will that be something that will become obsolete? MR. MELLON-Regarding the siren activation that's something that in our fire district we do have some poor reception areas from the County radio system so we still mandate that it be activated for fire calls. We currently response to EMS calls only which are ambulance calls for injured people things like that those type calls the siren is not activated now and it won't be. For fire calls the dispatching process has changed over the years. It used to be more every call initially the siren would blow twice now it blows once on the initial call part of your concern to cut down on the noise. MR. KANE-Would it stay where it is at or do you plan on moving that to the new site as well? MR. MELLON-That would move to the new site as well. MR. KANE-It would? MR. MELLON-Yes. MR. KANE-Okay. I guess that's probably my biggest concern. SUPERVISOR BROWER-The old signals would be deactivated? MR. MELLON-Right, they would be relocated at the new site. That's something we would like to discuss further if you have any questions. MR. KANE-Yes, that's probably my biggest interest right now. Thank you very much. SUPERVISOR BROWER-Anyone else? BOB SCHULZ,-lfI understood the gentlemen correctly... ... COUNCILMAN STEC-Street address sir. MR. SCHULZ-Route 9L, 2458 Ridge Road. If I understood the gentlemen correctly the Town will be backing the repayment of the debt will be paying the debt service is that correct? The Town will be lending its credit will be standing behind the debt. SUPERVISOR BROWER-Essentially, yes. ATTORNEY HAFNER-That's not exactly right. Do you mind ifI speak up Dennis? SUPERVISOR BROWER-Be my guest. COUNCILMAN BROWER-Not at all. ATTORNEY HAFNER-The resolution maybe it would help if I read this resolution because as Paul Pontiff said the purpose of this resolution is it is a technical requirement of the Internal Revenue Code for the fire company to be able to issue its own debt. Part of it when the person who is issuing the debt is not a municipality the IRS requires that the municipality where it's located have a public hearing about. It is not approving the debt we're authorizing them to issue the debt. The Town is not issuing the debt and it specifically says, that the Town Board shall not and does not by this resolution create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing so it is not the Town's debt. MR. SCHULZ-I'm not questioning any tax-exempt status of the debt to be issued by the Fire Company. What I am questioning though is whether or not the Town is going to lend its credit in any way is going to stand behind this debt? ATTORNEY HAFNER-This resolution does not say that. MR. SCHULZ-That wasn't my question. ATTORNEY HAFNER-That's all I can answer on this resolution. MR. SCHULZ-Does the Town stand behind the debt incurred by its fire companies when they build capital facilities, Dennis? SUPERVISOR BROWER-We approve budgets for fire companies within the Town. MR. SCHULZ-Is their any money in that budget for debt service? ATTORNEY HAFNER-Yes. SUPERVISOR BROWER-I believe there is. MR. SCHULZ-So my question then is as. . . . . ... COUNCILMAN MARTIN-My understanding is that you have a contract for fire services we pay a fee for those services. It just so happens that the fee is spent on a great many things one of which is if they have a mortgage they pay it so it is a fee paid for services given. MR. SCHULZ-Jim let me rephrase the question. Would the Fire Company be able to borrow the money were it not for the Town's commitment to pay the fire company enough money to service its debt? COUNCILMAN MARTIN-You have to rephrase that question. If it were not the Town's obligation to pay that fee for the services given. It just so happens that it works out every year that there is enough fee paid to cover all the various companies debt and that's really how they set their fee. It is just like if you are a business and your providing it to the Town you are obviously not going to structure your fee so you are losing money and not be able to meet your obligations that's all they are doing. MR. SCHULZ-The fire company debt is going to be long term? COUNCILMAN BREWER-Yes. COUNCILMAN MARTIN-Sometimes they pay it off early. MR. SCHULZ-It is going to borrow the money from a bank the bank is going to look for security. The bank is going to want to make sure that it is going to get its money back. There must be something that the Town is doing is that what I heard you say? COUNCILMAN MARTIN-A contract for that fee. MR. SCHULZ-A long term contract? ATTORNEY HAFNER-Jim, no. Jim the contract is not long terrn. There is no obligation on the part of the Town is a legal matter to pay the fire company debt. COUNCILMAN MARTIN-That was my point. ATTORNEY HAFNER-If the banks do it they do it on a basis of the history of the Fire Company making its payments. I don't represent the Fire Company, but that's one of the things they look at. They look at the security and they look at what they hope is that the Town would continue in the budget provide enough to do it there is no obligation on the Town to do so. MR. SCHULZ-Do you know Jim who's been on the board long enough. Mr. Turner do you know has the Town been auditing the fire departments income and expenses? Is Town money being used to pay debt on its capital facilities? COUNCILMAN TURNER-Yes. MR. SCHULZ-The Constitution prohibits. COUNCILMAN BREWER-It is not... ... MR. SCHULZ-Wait a minute don't laugh.... COUNCILMAN BREWER-It is not the Town's money because when the Town pays for a service it is their money it is not our money anymore. MR. SCHULZ-In the time before you approve the project, I understand there is a lot of work to be done yet the project isn't being approved here tonight look over this question. COUNCILMAN MARTIN-I know the question that you are trying to lead too, the answer is we're not violating the State Constitution. MR. SCHULZ-The Constitution prohibits if I can get it out. The Constitution prohibits the Town from lending its credit to a private corporation or a public benefit corporation either one. COUNCILMAN MARTIN-And we've been said by our counsel that is not happening we are paying for a service that is being provided. ATTORNEY PONTIFF-Can I address the question? MR. SCHULZ-Excuse me. In much the same way that we are paying for garbage disposal service at the trash plant? COUNCILMAN MARTIN-Don't twist words Bob. MR. SCHULZ-I'm just saying in much the same way we're paying for a service. . . . . . . COUNCILMAN MARTIN-I don't know the Town of Queensbury is not the County of Warren..... SUPERVISOR BROWER-That's a whole different subject it's not the trash plant. Paul do you have a comment? ATTORNEY PONTIFF-My comment is consistent with Bob Hafner's comment. Each of the fire companies in the Town enter into contract with the Town to provide fire service to the areas within the Town that they are responsible for. Those contracts are negotiated on a periodic basis and I think the next contract will be for a three-year period if I recall what the proposal is. That three-year period at the end of that three-year period the Town has no responsibility for any continuing debt to the fire company whatsoever. The Town is responsible for the contract that it signs for whatever period it signs it and whatever budget it approves. The contract provides for an annual audit and Henry Hess will attest to that because he and I have been over the language with respect to that. At the end of that three-year period the Town has no responsibility nor does it have any responsibility to the lending institution that issues the bonds under this concept that the code provides for. The fire company is the primary responsible party and if the fire company doesn't have a contract to provide dollars then what's going to happen is the bank is going to come in and take over the property of the fire company and they have no recourse against the Town, I can't explain it any other way. MR. SCHULZ-So you are saying it is a service contract a three-year service contract. That's all the Town is buying is fire protection service even though the amount of the money the Town is paying is sufficient is paying principal and interest on the fire companies debt. COUNCILMAN MARTIN-There is nothing broken here. MR. SCHULZ-Pardon me? COUNCILMAN MARTIN-There is nothing broken here. MR. SCHULZ-Who said there was? COUNCILMAN MARTIN-I'm just stating a fact, I didn't say you were. I'm just saying there is nothing broken here. MR. SCHULZ-You mean the constitution isn't being violated? COUNCILMAN MARTIN-Correct. MR. SCHULZ-It sounds to me like it is being circumvented or there is an attempt to circumvent the Constitutional restriction against the Town lending its credit to a private corporation you can't do that. Look the question over; satisfy yourselves that you are not violating. I understand that you have done it in the past, but satisfy yourselves. I'm looking at a Taj Mahal in North Queensbury it is a Taj Mahal it has got a lot of debt we're paying for that it is unnecessary. I'm protected as an individual I'm protected against this. I'm not talking about the majority, the individual the Constitution protects individual rights. I don't appreciate having to pay the debt service on a Taj Mahal it is out of control the Constitution is there to protect us that's all. Satisfy yourselves come to a conclusion you think you have to come to and you'll have to a look at that that's all. You just can't lend your credit to a public corporation or a private corporation. SUPERVISOR BROWER-Anyone else care to comment? BETTY MONAHAN-120 SUNNYSIDE ROAD-This is just... ..it occurred to me listening to Mr. Luther's letter who seems to be very familiar with the area that he could very well be a person who spends his summer at Glen Lake and is paying taxes to the Town of Queensbury so you know just don't jump to conclusions. My questions are really for a little amplification. This is a bad question to throw at new people on the board, but Mr. Jones is here any maybe he can answer. What was the cost of West Glens Falls Firehouse? SUPERVISOR BROWER-Mr. Jones would you come up to the mic and help Betty possibly. MR. JONES-The approximate cost at West Glens Falls was I believe a little over a million and a half. MRS. MONAHAN-What was the size of West Glens Falls? MR. JONES-That was an addition renovation and the total building was around twenty two thousand square feet. MRS. MONAHAN-For Bay Ridge what's the debt left on the Glen Lake Station? COUNCILMAN BREWER-About a hundred and seventy thousand Betty. SUPERVISOR BROWER-A hundred and seventy thousand something like that. MRS. MONAHAN-Chip how many runs do you do a year? MR. MELLON-In 1999 we did three hundred and forty nine calls. MRS. MONAHAN-Okay that's my questions. Thank you. SUPERVISOR BROWER-Anyone else like to comment, Mr. Stec. GEORGE STEC-I hope you'll indulge me in my reading of my own handwriting. It's not the greatest and my vocabulary is not the greatest, but here it is. Good evening everyone my name is George 1. Stec and I live on 245 Butler Pond Road in the Town of Queensbury. I'm here to support the Bay Ridge Volunteer Fire Department in their quest to build a new firehouse. What I also have to say is in support of all the volunteer fire departments and rescue squads located in the Town of Queensbury. I would like to pledge my support with the following statement. In the name of economic development many City, Town, County, and regional organizations, corporations, agencies, fund groups, etc. offer incentives or grants, loans, low interest loans, tax relief in lieu of options etc. to attract business growth in their respective communities. In return the new propose businesses agree in or prompt to locate in their area and bring jobs and produce and or sell specific projects therefore expanding the economic base in the community. This all sounds good, but frequently these businesses come in set up, get started, and then for any number of different reasons quick and renege on their promises and agreement and declare bankruptcy leaving the community holding an empty bag in loss dollars they commit to the business. Nor to recover some of their losses the communities have to initiate lawsuits and try to recover some if not all of their committed dollars. Now we have legal fees, time, and energy that have to be expanded. I think the Bay Ridge Fire Department want to borrow up to one and three quarter million dollars to construct their firehouse they will be paying interest on this loan. Bay Ridge is not looking for free hand outs they are willing to pay their way. I don't know of any local fire department which has claimed bankruptcy or walked away from their obligations. These fire firemen are locals they live here, work here, and are here to stay and any debt that they incur I'm sure they will pay for it. They will stand behind their word unlike some businesses who come here tell you what you want to hear get loans all kind of assistance do what they want to do then declare bankruptcy and walk free. I don't think the Bay Ridge Volunteer Fire Department or any Volunteer Fire Department in this Town would even think or consider walking away from a debt that they incurred in the interest of assisting their community. Often I sit here and listen to the Planning and Zoning how do we want Queensbury perceived when people are coming off the Northway? What should we tell them that this is our trend this is what we want here in Queensbury in the way of architectural design? I think if they were to come in and look at the five volunteer fire departments firehouses Taj Mahal or not and say, these are the people who live here this is what they want and if you want to come into our community and build and sell these are the standards. I have nothing else to say any questions? COUNCILMAN BREWER-Thank you. COUNCILMAN MARTIN-Thank you we're all set. SUPERVISOR BROWER-Anyone else care to speak? TOM NEWTON, 20 OLD BAY ROAD-There is some question as to whether the County sold the property legally to the fire department for twenty two thousand five hundred dollars. Is there going to be any problem with a loan being provided for that property and then come to find out that the Fire Company can't get the land from the County? SUPERVISOR BROWER-I'll refer that to our Attorney. Any comment Bob? ATTORNEY HAFNER-Paul talked about how they got that property. ATTORNEY PONTIFF -Can I address that. The County held a meeting a week or so ago in which they had a public hearing with respect to the adoption of a local law to allow them to convey the property the old highway department property to the fire company on a direct basis rather than going through the normal bidding process. They adopted that resolution at their meeting and for a forty five-day period that will not become effective. Essentially if you approve the financing it is going to be academic should the County not be able to convey the property. At the moment the County did adopt a resolution adopting the local law which allows them to convey the property on a direct basis for the appraised value that they had which I think was twenty two thousand five hundred dollars. If nothing happens in the forty five day period and in the forty five day period what can occur is someone could by petition getting a sufficient number of voters to sign a petition force a referendum on that question. I think it requires a five percent of the electorate from the last public election, general election so if that's the case that's going to be difficult to accomplish. I would think at the end of that forty five day period that resolution is going to be effective and the County is going to move forward with the conveyance of the property to the fire company or at least that's what our impression is. So in the meantime if you approve this financing for technical reasons and that doesn't occur then this will be for not, but at least if that goes forward then you will have accomplished this resolution at this point. SUPERVISOR BROWER-I was at that meeting you spoke of and that resolution, local law was passed by unanimous consent of the Board of Supervisors. Mr. Newton would you care to comment further? MR. NEWTON-No, Mr. Pontiff answered the question I just didn't want to see the Town get involved in something. The bank comes up here is one point seven five million dollars, six weeks later you can't use that money the bank wants some money back for their providing that money then who ends up paying for that. ATTORNEY PONTIFF-We're not going to make any commitment to the bank until we know all the plugs have fallen in the right holes. SUPERVISOR BROWER-Anyone else like to comment? JOHN CURRIE WIFE LARA AND I OWN THE PROPERTY AT 1118 BAY ROAD-Also owned several hundred feet on the opposite of the Old Bay Road from the proposed project. We own down to Dream Lake on the open section where it looks like a lookout looking out over the lake there. First of all, I'd like to give you a little bit about my background so you'll from where I speak. I'm retired from the State Police I was in charge of the Troop G, Traffic Safety Programs as the Traffic Sargent in Loudonville for several years. In charge of traffic safety investigations covering everything from south of Albany out to Little Falls up to Schroon Lake and over to the Vermont State line. One of the things that we did was to work with the Department of Transportation on conducting safety studies of proposed projects. Although, I don't know the fellow from Hudson Falls who submitted that letter I do have some safety concerns regarding the proposed project. I walk on Bay Road in this area quite often and I know that when you cross Bay Road anywhere on the point north of the turn where the Old Bay Road intersects the sight distance there is extremely limited and if you don't hurry across the road very often you take your chances on being struck by a car coming in the north bound direction there is very limited sight distance there. That's my first concern is the curve the grade that is involved there and the limited sight distance that you would have for apparatus that would be leaving the proposed station as well as the firemen going into the station. First of all, I'd like to say that I know that the firemen in this area are very dedicated I worked very closely with volunteer firemen doing hazardous material response training. I realize that they probably need a new station where they can consolidate their equipment. I know most of the firemen and I'm concerned about their safety in responding as well as the safety of the general public. I feel that vehicles entering that station under emergency circumstances could especially coming from the north and making a turn into that new facility could cause a problem if there were north bound traffic that they would be cutting across and in front of because of that limited sight distance. I would ask that perhaps the Town Board specify that a study be conducted by the New York State Department of Transportation to analyze the safety factors and the risks that are involved with sighting that station at that location. The second concern that I have is the fact that having been around the fire houses and so on I know that the public area would probably be used for gatherings of many people. I wonder about the feasibility of an on site septic system to handle that septic for that many people due to the proximity to the stream that is just over the bank on my property that runs into Dream Lake. It is just over the bank from the proposed firehouse and just like to suggest that maybe somebody should look at the environmental possibilities that could be involved there. As I said my first concern is safety and the safety of both the firemen and the general public anything the Town could do to request that safety study I think would be appreciated not only by the local people, but probably by the firemen themselves in responding to an emergency. Thank you. SUPERVISOR BROWER-Anyone else care to comment? Okay if that's all the comment, yes sir Mr. Robinson. LAMONT ROBINSON, PASTOR OF THE HARRISENA COMMUNITY CHURCH-I am the very marginal part of the Fire Company, I am the Chaplan for whatever that's worth. I've been a part of North Queensbury and Bay Ridge. I have been a Certified EMT and I've worked with the firemen basically just carrying equipment and helping them do the very good job that they do. I know everything that's been said here tonight certainly is out of concern for our community for services that are provided. I think a couple things I would just like to point out as the on site manager of a historical landmark in the community for thirty years being the Pastor of the Harrisena Community Church. I'm very pleased the closer Bay Ridge gets to us the better I like it. I think if we had the option of the property that sits next to our church of giving that to them I do everything in my power to give it to them so they'd be right next door. Sirens and lights, I understand that there is a concern there and I think these are people who live here we're not talking about contracting with people from out of state we're talking about people that own property, people that have and raise their children in this community. They are certainly going to take into account every possible feasible way to make their station as unobtrusive as possible. However, when you need them I don't think anybody is concerned about the obtrusiveness they are concerned about how quick they can get there. I know in an area where we don't have municipal water we run drills at our church all the time because fortunately through the kindness of our people and the ability of our community to support our parish we have a brand new facility that is several thousand square feet that we built to serve the community. We do run drills there and I know what it takes to get water into us to fight a fire and I know how well they do that. The other thing and I say to the property owners as I said when we met at Warren County. I'm not a property owner I don't pay any taxes I understand that, but I think I do hold title to a piece of property that has served this community well since the 1860's we certainly want to see that protected. The other thing is and I know there has been some questions about fire company buildings in the area as I said, I've been a part of North Queensbury, I have many parishioners that live up there I know there has been some question about what was or wasn't done. The point is I think each situation and I know you will do that in your wisdom needs to be taken as an individual matter. These people are proposing to build a structure that certainly is much more aesthetically pleasing. I would think if I had property in that area other than a salt dump much as we need the salt in the winter time that is assuming we get winter but, I also think that we will do everything in our power, I know these people I've worked with them many of them for thirty years to do any kind of safety work that needs to be done so their goal is not to endanger anyone their goal is to protect our property. Plus the other thing is they are adding to their facility the ability to help in times of crisis in our area and I think that is certainly to be commended. So as a Pastor of this community and a long time resident I certainly speak in support of this and I think many of my people will also. I hope that you will vote favorably and as we always have in this community we take care of our own and we work each of these problems out individually but, we don't try to put them all together to stop a worthwhile project from going forward. Ladies and Gentlemen, thank you very much. SUPERVISOR BROWER-Would anyone else care to speak on this issue during this public hearing. Seeing your hands I'd like a motion to close the public hearing. COUNCILMAN STEC-I'll move it. SUPERVISORBROWER-Mr. Stec, seconded by Mr. Martin. All in favor..... DEPUTY TOWN CLERK, O'BRIEN-You don't need a motion to close the public hearing. COUNCILMAN MARTIN-I'd like to echo some of the comments I heard especially from Mr. Stec and alike. I think these people are the fabric of this community. It has been my perception as a person who lived in this Town for a long time over the past few years the Town has been doing things to distance itself from its fire companies, I don't think that's positive. I think these people do a lot of good work for this Town and it is about time we start recognizing them for it and be thankful that they are here the cost of fire service would be much greater if they weren't. I think we're taking a few things for granted around here over the last few years and now recruitment membership is starting to fail. We need to get behind these people a little bit more and thank them for what they are doing instead of applying terms like Tag Mal and things like that... they do a lot of good work and I'm happy to have them here that's all I wanted to say. SUPERVISOR BROWER-Thank you. Any other comments from board members? COUNCILMAN TURNER-No, just that I back up Jim's comments heartily. They are the fabric of this community they spend a lot of time on their own doing the things for this community that other people don't want to do so I back this move whole heartily. COUNCILMAN BREWER-I would echo the same. Saturday, Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, seven days a week twenty fours a day. If you need them call them where else can you get that service I think we're paying a small price for it. COUNCILMAN STEC-I add where else can you get that service for free. They are volunteers they've done a lot. To address the concerns of some with our attractiveness of some of our buildings. Next month we're going to have people in here complaining about box stores, architectural review, and not liking the way buildings look sometimes a community has to decide what does it want and what does it value. We've talked about it before with a lot of stores clearly this isn't in a commercial area this is closer to home. What I'm impressed with is that talking about almost two million dollars we didn't have a lot of people complaining it is too much, too lavish, too much, too this, people recognize the importance they are to the community the sacrifice that they've done. They dedicate their entire life many of them from adulthood all the way on to the grave. I think they've done their homework I don't think that they came here saying we're great and hand us over two million dollars. I think they did their homework and they did the responsible thing. I think what we're talking about voting tonight is going to be improvement to the service of our community an investment into the fire department investment in Queensbury. SUPERVISOR BROWER-With that being said do I hear a motion from the board that would approve the incurring of a financial obligation that would also forward this on to the Planning Board for their consideration. COUNCILMAN MARTIN-That's what I was going to suggest if Chris maybe could, I know the Planning Board Chairman is here he heard it directly, but for the benefit of the rest of the Planning Board members. I think there were some points well taken about safety in terms of lines of sight the grade, curve, make sure the septic is up to snuff. If the Fire Company wouldn't mind coming back here and sharing with the board I'd like to see Dick your final detail rendition and site plan I like to see the final landscaping plan. Again, I think we have a chance to make a real statement here in the community about the quality of architecture and character, development we'd like to see. I say that because I'm excited about it not for any other reason than that. DIRECTOR OF COMMUNITY DEVELOPMENT, MR. ROUND-I did note the comments taken tonight we have them in part of the public record. We had internal discussions whether it is required that this go through the planning process we haven't made a final decision on that. Firehouses do enjoy a preferential treatment under New York State Zoning Laws similar to Churches, single family residences, etc. We've talked to the Attorney's representing the facilities that they would propose to go through the site plan review process whether obligated to or not. COUNCILMAN BREWER-If I remember North Queensbury did.... COUNCILMAN MARTIN-That was for APA concerns though. COUNCILMAN BREWER-But, I think they did also as a good faith that they wanted to comment in the expertise of the Planning Board. SUPERVISOR BROWER-Mr. Lapper would you like to address the board. ATTORNEY LAPPER-We've been working Chris and Mark Schachner, Bob Hafner to address that. We think that there is a legal argument that could be made that this could be exempt, but we don't think that's appropriate. We want to come before the Planning Board and address these issue and we will be prepared to be here in a month to do that. Sight distance, buffer, landscaping, all the issues that were mention it will probably result in a better project. COUNCILMAN STEC-I agree just because something is not required doesn't mean that it is not a good idea. This is a lot of money this is an impact in the community and I think it is prudent and polite to go through the site plan review process just to make sure that as many people as possible are pleased with the outcome the greatest good for the greatest number. SUPERVISOR BROWER-Thank you. COUNCILMAN MARTIN-I'll move the resolution. COUNCILMAN TURNER-I'll second it. PUBLIC HEARING CLOSED RESOLUTION APPROVING INCURRING OF FINANCIAL OBLIGATION OF NEW FIREHOUSE BY BAY RIDGE VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 43,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc. (Fire Company) previously contracted for fire protection services and such Agreement is in full force and effect, and WHEREAS, the Agreement sets forth a number of terms and conditions, including an agreement that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has presented to the Town Board a proposal to construct a new firehouse on the east side of Bay Road between the intersections of Old Bay Road and Old Bay Road for a principal amount not to exceed $1,750,000 and proposes to finance the construction project through tax- exempt financing provided under ~147(f) of the Internal Revenue Code of 1986, as amended, and WHEREAS, the Fire Company is negotiating with Evergreen Bank to enter into a financing agreement for the amount of $1,750,000 for 20 years at a market rate expected to be approximately 5.5% and this financing arrangement is intended to qualify as tax-exempt under ~147(f) of the Internal Revenue Code of 1986 as amended, and WHEREAS, in accordance with ~ 14 7(f) of the Internal Revenue Code of 1986, as amended, the Fire Company has requested that the Town Board conduct a public hearing to authorize approval of the financing to comply with the statutory requirements, and WHEREAS, on January 24th, 2000, the Town Board held the required public hearing, all interested persons were heard and the Town Board now wishes to approve the construction project and financing as requested by the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the incurring on the part of the Bay Ridge Volunteer Fire Company, Inc. of financial obligations in the maximum, aggregate principal amount of $1,750,000 in accordance with tax-exempt financing provided pursuant to ~147(f) of the Internal Revenue Code of 1986, as amended, provided, however, that the Town Board shall not and does not by this Resolution create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None LOCAL LAW - AMEND CHAPTER 179 ZONING - ALTERNATIVE MEMBERS OPENED 8:15 p.rn. NOTICE SHOWN COUNCILMAN MARTIN-This is where we are adding two alternative members to the Planning Board and the two to the Zoning Board. SUPERVISOR BROWER-This will work in case people are absent from meetings or if they are sick or can't attend. We would expect the alternates to be very involved in the process as if they were Planning or Zoning Board Meetings or members. They will be able to fill in hopefully without a glitch should those people be on vacation, be sick, absent, or even have a conflict of interest on a proposal. We believe it will offer fair judgement and treatment to projects that come before those boards that's the concept. Would anyone care to comment on those? CRAIG MAC EW AN, PLANNING BOARD CHAIRMAN-Just so I can get some clarification maybe Mr. Hafner can shed some light on this. It is my understanding when the State Legislation passed this law it was to be for alternate members to Planning and Zoning Boards in a case of a conflict of interest if it arose. That an alternate would be placed on that agenda and that board for that meeting or is this for due to sickness, health, vacation, maternity leave or whatever? COUNCILMAN STEC-I think his question is on what is the State Law? COUNCILMAN MARTIN-There might be limits on it. COUNCILMAN TURNER-I think there is I think he is right. ATTORNEY HAFNER-This as amended this local law would allow for the alternate to be appointed for a broader group of things which is conflict of interest. As far as exactly what the overall State Law says in this case I would have to get back to you at a later time. MR. MAC EW AN-So we are empowered as a Town to amend the State Law to make it a wider perspective of things that we can use to appoint people to a board? ATTORNEY HAFNER-That is something I cannot answer right at this moment. MR. MAC EW AN-I would encourage the board to get that clarified before they adopt a resolution. COUNCILMAN MARTIN-Did you have a concern with that Craig? MR. MAC EW AN-No, I don't it is my understanding that's why I'm asking the question. I certainly would welcome it with open arms because we have had problems in the past when we haven't had a majority on the board when we've had some rather interesting applications in front of us I think it would be important to have that. My concern is that if we're doing something above and beyond which State Law has done for us are we empowered to do that. To open up the State Law and have more than what the legislator had intended to pass that's all I'm asking. ATTORNEY HAFNER-This was drafted by my partner who works extensively in this area he reviewed it so I assume that it is fine. MR. MAC EW AN-I think it is a great idea I would prefer you get that clarified. ATTORNEY HAFNER-I would be glad to review that with hirn. MR. MAC EW AN-If we're going to have nine members we need to get a bigger van site visits would be rather cramped. Thanks. SUPERVISOR BROWER-The minutes I read of the last Planning Board Meeting indicated two people were absent from your meeting. MR. MAC EW AN-It has been difficult. If you adopt this you will also need to change your procedures for Planning Board and Zoning Board applications requirements of the packets for people. COUNCILMAN MARTIN-I can remember when I was Chairman there were nights I was calling people to get a quorum, I had three people there. SUPERVISOR BROWER-Mr. Salvador. JOHN SALVADOR-Having attended and been an applicant before for various Planning and Zoning Boards in this Town I just wonder if this is going to work. For instance would it be expected that these alternates attend every meeting? COUNCILMAN MARTIN-Yes. MR. SALVADOR-So they sit in the back of the room. COUNCILMAN MARTIN-Yes. MR. SALVADOR-Because they could be called on. . .. COUNCILMAN MARTIN-Exactly that's why. SUPERVISOR BROWER-That's the concept. MR. SALVADOR - Would they be able to vote on an issue that had been tabled at one meeting if they were on the board in the next meeting when it came up? COUNCILMAN MARTIN-In other words if they had the full compliment of regular members at one meeting, it was tabled for whatever reason and then the next meeting when the issue is taken up again there are only six members there so an alternate has to step in would they be asked to vote? MR. SALVADOR-Could they? SUPERVISOR BROWER-I would think so. COUNCILMAN MARTIN-I think that was the plan the answer would be yes. SUPERVISOR BROWER-Wait a minute. You are saying that if someone was absent you filled in for somebody they were absent and then the next meeting came before you, you would be here voting? COUNCILMAN MARTIN-What I'm saying is say it is a July meeting they have a full compliment of board members the issue comes up the matter is tabled it comes back in August there are only six board members there now and an alternate has to step in just for that one night for that application and vote on it and the vote comes it is ready to be voted on the action is ready to be moved. SUPERVISOR BROWER-Then the alternate could vote absolutely. COUNCILMAN MARTIN-The alternate would fill that void and vote. COUNCILMAN TURNER-He would have to be familiar with the application totally John. SUPERVISOR BROWER-Or she would. MR. SALVADOR-What if the reason it was tabled was some indecision on the part of the board some problems with members of the board? COUNCILMAN MARTIN-He or she would still be able to vote. MR. SALVADOR-Okay. The other thing is many times as you said you sit here as Chairman of the board and you are just waiting for a quorum to walk through the door could that somehow be organized somewhat ahead of time in the afternoon of that day to have an understanding who might or might not show that evening? COUNCILMAN STEC-In theory that is what is suppose to happen. COUNCILMAN MARTIN-We try to do that. EXECUTIVE DIRECTOR, MR. ROUND-We do that everybody has difficult schedules to meet and sometimes that doesn't work. There are going to be some practical implications associated with this law the law is going to empower us to do something how we implement it is another thing. We may establish an internal procedure that won't allow somebody to vote for an issue that they weren't part of from the beginning of an issue. I'm just saying, for instance we may not want all nine members present for all meetings maybe we'll only call on them in cases of conflict of interest or sickness or be able to notify them in advice whether they have to be. I don't know, I'm just saying that I think there are some issues unresolved that we will be able to deal with as part of a policy rather than a law. MR. SALVADOR - I think it is imperative. If you are going to have alternates they have got to be at every single meeting. COUNCILMAN MARTIN-If you are going to give them that kind of broad application, yeah. SUPERVISOR BROWER-I also think they have to be part of the system. MR. SAL V ADOR- They have got to run with it. Never mind flying in at the last minute taking a seat so that you've got a quorurn. COUNCILMAN MARTIN-What's the term in Broadway when the actor is sick? UNKNOWN-Under study. ATTORNEY HAFNER-Mr. Brower would you mind if! answered Mr. Mac Ewan's question? SUPERVISOR BROWER-Certainly. ATTORNEY HAFNER-I forgot that part of this zoning law change specifically incorporated the Municipal Home Rule Law and says it overrules the part of the Town law that you were talking about that restricted the conflict of interests. The State Law that allows Town's to enact local laws that are broader than the State Law it is specifically incorporated in here so we did it under that process. MR. SALVADOR-Excuse me. Municipal Home Rule specifically states laws that are not in conflict... ... LOU STONE, ZONING BOARD DESIGNATED CHAIRMAN-Not approved by the Town Board yet. I'm certainly in favor of it I think it is a great idea because as Jim said there are nights we've sat there with three and four and Dan knows that very well. The wording of the law says the Chairperson of the Zoning Board or the Planning Board may designate. I know Chris just talked about how it is going to be implemented, but the word may say's the Chairman can ignore those two people forever and forever. I wouldn't intend to do that in fact, I was thinking if it came to me I would poll the Zoning Board a day or two before to find one, whether or not somebody feels they have a conflict of interest or obviously if somebody indicates that someone is going to be absent and ask one of the two alternates to be there for that particular thing. I'm not sure that I think everybody should be sitting in the back of the room all the time, but that's something we certainly can talk about. Keep in mind the law as it is written right now says may designate so a future Chairman or Chairperson could say I'm going to ignore the alternates the way it is written so you might want to just think about that. SUPERVISOR BROWER-Why would they do that? MR. STONE-They could. COUNCILMAN TURNER-Because it says may it doesn't say it could. MR. STONE-They might because the two people unfortunately not everybody is as ethical and moral as our current board. Someone might say I don't want to put that person on because they are going to vote the wrong way different that I do. Remember these are community people citizens of the community they vote they're conscious, they vote their common sense, they vote on the facts as they see thern. If some people don't choose to do that if they have a bias and we hope that they don't the Chairman may say I don't want that bias on the board tonight if I have that option. I don't think it will happen, but again the word is may. COUNCILMAN MARTIN-The other thing I was just thinking this raising the point. You've got two alternates there. . . . . SUPERVISOR BROWER-They might choose. COUNCILMAN MARTIN-I would like to see some sort of system built in here by which it has to rotate. It just can't be at somebody's discretion well, I'm going to use so and so three times in a row. It is good in concept, but there has to be some more. . . . . MR. STONE-It is a great concept. SUPERVISOR BROWER-We can clarify that a little further. MR. STONE-Just think about that. Then Chris talked about we may need some internal rules.... COUNCILMAN MARTIN-You need like a designated rotation. MR. STONE-You may need a note in passing this law that it is intended to work in such a way that may not be as clear here. SUPERVISOR BROWER-There is a possibility too, one of the two alternates might be on vacation or away while the thing had been discussed so maybe you would use one of them as opposed to the other simply because of their familiarity of the case. COUNCILMAN MARTIN-You have two. SUPERVISOR BROWER-The intent or purpose was to make sure we had informed pretty much neutral people that were willing to listen to both sides of an argument and make a decision. MR. STONE-Obviously the intent is to have seven people sitting at the table every night that's the intent. SUPERVISOR BROWER-Exactly. MR. STONE-How that is achieved is sill open to some question as I look at the law. COUNCILMAN MARTIN-So far I think we've identified two sticky issues here. One is the unplanned absence where you don't have the benefit while somebody is on vacation you know in advance or something like that. Or if somebody just happens to come up sick at three o'clock in the afternoon now all of a sudden the stand-in has to come in. The other thing this idea of how you are going to rotate that may designate. I think we want a little more structure built into that like a rotation or something like that. MR. STONE-It does clear that these are alternate members if all seven show up these people don't work obviously that should be as clear as possible too. We're not rotating the whole board.... SUPERVISOR BROWER-I think we want to give leeway to the Chairman to make the decision that they think is appropriate as far as which alternate to choose as well. COUNCILMAN STEC-Or have a system. If you could have alternate one, alternate two. SUPERVISOR BROWER-We could have a system, but there might be exceptions to that system such as someone not being familiar with the case. MR. STONE-The other question that comes up and I hope that I'm not telling the citizens of the Town anything they don't know, but we do "get paid" for our efforts on the Zoning Board and the Planning Board. Are we going to ask these people to come to a meeting and sit in the back of the room and not get paid or we will have a nine-member board? SUPERVISOR BROWER-Our plan was that they would not be paid unless they were substituting for a member of the board in which case the member that was absent would not be paid and the individual replacing them would be paid that evening. MR. STONE-What if they sit in for one application because there is a conflict of interest? SUPERVISOR BROWER-I would pay thern. MR. STONE-Okay, just those things have to be thought out in advance that's all. SUPERVISOR BROWER-People don't really do this for the money, but certainly we would compensate them if they were called upon to act. MR. STONE-With the cost of gas going up these days and driving around the Town of Queensbury it does at least defer some of the cost of doing that that's really all it does and we all know that. SUPERVISOR BROWER-I think the intent of paying I wasn't here when they implemented that, but I believe that the intent of paying a stipend to Planning and Zoning Board members is to encourage them to be present, encourage them to be active, encourage them to go to site reviews, to do the job to the utmost of they're ability that's why we do it. MR. STONE-Agree. SUPERVISOR BROWER-In the City of Glens Falls I don't know if they changed it, but when I was on the Zoning Board we didn't get a dime and we didn't ask for it, we didn't feel badly. By the same token I don't object to a stipend. MR. STONE-Since the Zoning Board, I understand with Craig's that they try to go out together we go out individually and you may have people drive fifty miles from their home to a site and back again plus all the other side trips. COUNCILMAN MARTIN-Do you know how much the Zoning Board Chairman from the City of Pittsburgh makes? MR. STONE-What does he make? COUNCILMAN MARTIN-He makes in excess of a hundred thousand dollars a year. MR. STONE-Well what are you waiting for. SUPERVISOR BROWER-Don't get any ideas Lou. COUNCILMAN BREWER-Do you want to pull and work on it a little bit? COUNCILMAN MARTIN-I think we ought to end the discussion by giving some clear guidance I don't know if Bob has heard it for another shot at this. SUPERVISOR BROWER-Bring it back? COUNCILMAN MARTIN-With those two points at least. ATTORNEY HAFNER-The two points are the shall instead of may so that if there are alternates there and there are spaces you are not using less than the full seven you are going to fill it if there is a spot. The second whether there is some method of alternating or picking one alternate being first or leaving it in the discretion of the Chairperson. SUPERVISOR BROWER-Whenever possible alternate, but if there are special circumstances the Chairman has the right to choose the alternate in question. COUNCILMAN MARTIN-That's good. You could be an Attorney, Dennis. SUPERVISOR BROWER-What does that pay? Do I hear a consensus of the board that you would like to revisit this the fourteen of February? COUNCILMAN MARTIN-That be fine. COUNCILMAN TURNER-Let's table it until the fourteenth. ATTORNEY HAFNER-So should we leave the public hearing open? SUPERVISOR BROWER-Let's leave the public open for any comment written or otherwise. PUBLIC HEARING TO REMAIN OPEN RESOLUTION RESCHEDULING PUBLIC HEARING CONCERNING PETITION FOR CHANGE OF ZONE BY NIGRO COMPANIES RESOLUTION NO.: 44,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, by Resolution No.: 32,2000, the Town Board of the Town of Queensbury scheduled a public hearing for Monday, January 24th, 2000 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning Nigro Companies' request to amend the Town's Zoning Ordinance and Map whereby properties bearing Tax Map No.'s: 107-1-38,39,40,41,42,43,44,45 and 47 located on the north side of Homer Avenue, Queensbury would be rezoned from LI-IA (Light Industrial- One Acre) to HC-IA (Highway Commercial- One Acre), and WHEREAS, Nigro Companies has requested that the Town Board reschedule the public hearing for February 14th to allow Nigro Companies additional time to reply to comments from various reviewing consultants and agencies, and WHEREAS, the Town Board has no objection to rescheduling the public hearing date, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reschedules the public hearing concerning the Petition for Change of Zone for property owned by Nigro Companies from January 24th, 2000 at 7:00 p.m. to February 14th, 2000 at 7:00 p.rn., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be rezoned, the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT:None CORRESPONDENCE DEPUTY TOWN CLERK O'BRIEN-Read the following petition into the record. Petition dated 1/14/2000 (on file in Town Clerk's Office) The enclosed petitions are signed by residents from all wards of the Town of Queensbury and represent the belief that the cumulative impacts of recent development along the Route 9 corridor from the intersection of Route 254 to Route 149 are negatively affecting the environment and the residents. The petition requests that the town declare a moratorium on any projects in this area until the recommendations of the Chazen Company can be evaluated. Respectfully Submitted By: The Glen Lake Protective Association Courthouse Estates Twicwood Homeowners Association OPEN FORUM RESOLUTIONS MR. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY, WARD 4-Spoke to the board regarding the creation of the Veterans Field Light Industrial Park noting he would like to see this work, noting this piece of property has some problems. The City of Glens Falls uses it in the wintertime for dumping snow. The last few years they have set up a corporation and they allow private haulers to buy permits to dump snow there. There is a PCP cell on the property understands they have been having problems with it. There are two properties that border this piece of property that have PCP problems. Has dealt with DEC on them the last answer he had from the two engineers was that they were going to try to get GE into paying to clean them up noting this hasn't happened. The City Landfill borders this property they were told a year ago they had to cap the landfill properly. There is four and a half acres of land that belongs to the Town of Queensbury in that landfill noting there is no record of it, but has showed up on a tax map. Questioned how are these problems going to get taken care of if this goes through the SEQRA review? EXECUTIVE DIRECTOR, MR. MARTIN-There are three sites that are adjacent to the Veterans Park site those properties have problems themselves. The City Landfill the current status of that there has not yet been a consent order signed for the closure of that facility they are in negotiation with DEC. The State has investigated the site behind the former AMG facility the Alexy property that is currently listed as a hazardous waste site. They have investigated that and completed the fieldwork portion of the investigation. The results of that investigation indicated there is no soil contamination on the Veterans Park site. There is a groundwater contamination issue, but it is below federal cleanup standards for the site. It will not require offsite mitigation or offsite cleanup they won't have to put wells on our site in order to address that issue. It is to the benefit that all of the properties are on public water they don't have an on site well. The third site you mention the PCP cell is a temporary containment landfill that was created when they cleaned up that adjacent site that I referenced previously. The PCP cell was investigated as a part of the current investigation the Remedial Investigation Feasibility Study. The PCP cell has water coming into that cell whether it is from the ground or from rainwater I don't know that. There was a public meeting months ago both at the Firehouse and City Hall. It is our objective to get the PCP cell out of there that was a temporary remediation measure the State indicates that they are receptive to that. There is a process that they have to follow to get rid of that and that would open up that land as well to development. Once the PCP landfill was removed the State would declare it as surplus property and then we might be able to use it for some public purpose whether it was part of the industrial park or some purpose whether it is part of the industrial park or some other purpose. MR. TUCKER-Questioned if the cell is surrounded by three sides by land that you will develop in your park? EXECUTIVE DIRECTOR, MR. ROUND-Two sides. The north side is city land; East Side is city land. The West Side is the Alexy property or hazardous waste site. MR. TUCKER-Questioned if the Mandigo Junkyard is part of the Industrial Park? EXECUTIVE DIRECTOR, MR. ROUND-No. COUNCILMAN MARTIN-Doesn't think the city dump is part of this. The old city dump is to the west of this. MR. TUCKER-Noted the city dump is not a part of it. It has never been properly closed in official records it shows that it is the most hazardous piece of property in all the counties around here including the one on Warren Street. EXECUTIVE DIRECTOR, MR. ROUND-There is a portion of the city dump that does encroach on Veterans Field property it is fully identified in the impact statement. There was an environmental investigation at the City that we did ourselves with the City to address those concerns. There isn't a problem we've approached lending institutions the diligence is being exercised on behalf of the City and a potential developer that it won't be a problem when we're comfortable it won't be. MR. TUCKER-Thank you. SUPERVISOR BROWER-Thank you. Mr. Irish. DOUG IRISH-8 BUENT A VISA AVENUE-Questioned the resolution regarding Veterans Field. That the Town of Queensbury and Glens Falls are going to split the profit on this. Questioned if there has been some revenue sharing? COUNCILMAN MARTIN-Noted it was a suggestion made by Bob Joy to have a fifty fifty split of the real property tax raised or pilots or whatever is arranged when the ultimate sale occurs. MR. IRISH-Noted this was addressed the end of last year. There was a memo issued saying the Town couldn't legally give back any money to the City on this deal. EXECUTIVE DIRECTOR, MR. ROUND-Right. Thinks what Bob was proposing hasn't resolved this yet. In concept the Regional IDA would take title to the property. The pilot agreement there is very little revenue from a pilot agreement. The concept was if there are future investments to be made in the property through infrastructure. We all have a stake in the property whether it is the city from the investment of their land the municipality from infrastructure improvements that to pool all the costs associated with the development of the project. When there is revenue that revenue will go to the IDA then the IDA could pay fees back to the involved parties. MR. IRISH-That would be a fee? EXECUTIVE DIRECTOR, MR. ROUND-It is not tax sharing it would be a return on participation in the project. I think in concept it works we haven't resolved the legal issues associated. MR. IRISH-Questioned the resolution regarding the light duty and medium duty trucks, noting when they did the budget last year there was not a request for a light duty and medium duty trucks. Questioned where the money is coming from and what is the need for them? HIGHWAY SUPERINTENDENT, MR. MISSITA-There was $40,000 put in for one and $62,000 for the other. The tandem is the one for $125,000, which is separate. The $102,000 is for the two to replace the other two, noting they are saving some money. RESOLUTIONS RESOLUTION SETTING HEARING CONCERNING UNSAFE PROPERTY OWNED BY FREDA LA BARGE IN CARE OF GORDON LA BARGE LOCATED AT 2027 RIDGE ROAD, QUEENSBURY TAX MAP NO.: 22-1-8 RESOLUTION NO. 45, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, has inspected property owned by Freda LaBarge in care of Gordon LaBarge and located at 2027 Ridge Road, Queensbury (Tax Map No.: 22-1-8) and Mr. Hatin has found that the structure on the property is unsafe and should be demolished and removed as more specifically set forth in Mr. Hatin's letter dated January 19th, 2000, and WHEREAS, Mr. Hatin has advised the Town Board of the Town of Queensbury that in his opinion the structure on the property is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owners fail to demolish the structure, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law ~130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other certain persons interested in the property that the structure must be demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the structure located on property owned by Freda LaBarge in care of Gordon LaBarge and located at 2027 Ridge Road, Queensbury (Tax Map No.: 22-1-8) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a hearing concerning this property on February 14th, 2000 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs David Hatin, Director of Building and Codes Enforcement, to serve a notice setting forth its determinations upon the property owners or their executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law ~130(16). Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: DIRECTOR OF BUILDING AND CODES, MR. HATIN-This is to ask Mrs. LaBarge or her representatives to come before you to answer a question about what to do with the structure. Noted Supervisor Brower and himself visited the site last week noting the site is getting worse the neighbors voiced concern to him in a public meeting. Thinks this needs to be addressed this is the proper forum to do that in. RESOLUTION AUTHORIZING ADVANCE PAYMENT TO TOWN FIRE COMPANIES AND AMBULANCE SQUADS BEFORE EXECUTION OF NEW CONTRACTS RESOLUTION NO.: 46, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and the West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) pursuant to agreements between each Fire Company and the Town, and WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., (Rescue Squads) pursuant to agreements between each Rescue Squad and the Town, and WHEREAS, the Town's agreements with the Fire Companies and Rescue Squads have stated expiration dates of December 31, 1999, and WHEREAS, the Town, Fire Companies and Emergency Squads have agreed to continue to provide fire protection and general emergency ambulance services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements, and WHEREAS, the Town and Fire Companies are engaged in discussion and negotiations regarding new agreements, but agreement and contract signings will likely not occur for several more weeks and therefore, some Fire Companies and Rescue Squads may face cash flow shortages before the new contracts can be executed, and WHEREAS, the Town Board wishes to authorize the Town Supervisor to approve payment vouchers to those Fire Companies and Rescue Squads requesting advance payment and documenting a cash need, so long as the pre-contract payments do not exceed 1/3 of the budgeted annual contract payment for each Fire Company and Rescue Squad, excluding vehicle funds, and WHEREAS, the Town Board concurs with this recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to approve payment vouchers to those Town of Queensbury Fire Companies and Rescue Squads which request advance payment and document a cash need before new agreements are executed, so long as the pre-contract payments do not exceed 1/3 of the budgeted annual contract payment for each Fire Company and Rescue Squad, excluding vehicle funds, and the Town Board further authorizes and directs the Town Supervisor and Town Comptroller to make any necessary arrangements for advance payment to any Fire Company and Rescue Squad and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT HILAND PARK GOLF CLUB RESOLUTION NO.: 47, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Aaron Fagelman, has requested permission to conduct a fireworks display as follows: SPONSOR: Aaron Fagelman PLACE: Hiland Park Golf Club DATE: February 5, 2000 TIME: 7:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law (405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of Aaron Fagelman, subject to the following conditions: LAn application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Bay Ridge Volunteer Fire Co., Inc., 4. Clean-up of the area must be completed by 10:00 a.rn., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 24th day of February, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION ISSUING SEQRA POSITIVE DECLARATION, ACCEPTING DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT (DGEIS) AS COMPLETE, ESTABLISHING PUBLIC COMMENT PERIOD ON DGEIS, REFERRING PROJECT TO QUEENSBURY PLANNING BOARD AND SETTING PUBLIC HEARING REGARDING CREATION OF VETERANS FIELD LIGHT INDUSTRIAL PARK RESOLUTION NO. : 48. 2000 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Town of Queensbury and City of Glens Falls are seeking approval for a series of actions leading to the development of the Veterans Field Industrial Park on an approximately 46.57 +/- acre site located east of Veterans Road, south of Sherman Avenue and north of Luzerne Road in Queensbury, such actions including the rezoning of portions of the property to Light Industrial and creation of a special zoning designation applicable to the entire project that will allow a simplified approval process for projects that meet certain site and environmental criteria, extension of infrastructure to the site by the City and Town and associated approvals by State Agencies, and WHEREAS, the Town and City have agreed to prepare a Draft Generic Environmental Impact Statement (DGEIS) as an appropriate mechanism for analyzing the series of related activities that collectively make up the action and for purposes of compliance with the State Environmental Quality Review Act (SEQRA), and WHEREAS, on or about December 6th, 1999, the Town Board adopted a Resolution indicating its desire to be designated as SEQRA Lead Agency for environmental review of the proposed action and authorizing and directing the Executive Director to notify all SEQRA Involved Agencies of the Town Board's desire to be Lead Agency, and WHEREAS, none of the SEQRA Involved Agencies have objected to designation of the Town Board as SEQRA Lead Agency, and WHEREAS, a DGEIS has been prepared by the Town and has been reviewed by the Town Planning Staff and Town Board, and WHEREAS, in accordance with the rules and regulations adopted by the New York State Department of Environmental Conservation pursuant to SEQRA, the Town Board may now decide whether to accept the DGEIS as satisfactory with respect to its scope, content and adequacy for the purpose of commencing public review, and WHEREAS, referral is also required to the Queensbury Planning Board as the action includes proposed rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed action may have a significant impact on the environment and the Town Board hereby authorizes and issues the SEQRA Positive Declaration presented at this meeting and attached to this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the Draft Generic Environmental Impact Statement (DGEIS) is satisfactory with respect to its scope, content, and adequacy for purposes of commencing public review and therefore accepts the DGEIS as complete, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes a public comment period to commence immediately and to terminate on February 28th, 2000, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes and sets a public hearing on the DGEIS to be held at a joint meeting with the Town Planning Board on February 15th, 2000 at 7:00 p.m. in the Queensbury Activities Center, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town's Executive Director of Community Development to submit all project information to the Queensbury Planning Board for its report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director to file and publish the Notices of Positive Declaration, Completion of Draft GElS and SEQRA Hearing in the Environmental Notice Bulletin and as otherwise required by the SEQRA Regulations and to notify all other SEQRA Involved Agencies, and BE IT FURTHER, RESOLVED, that the public hearing authorized herein shall be preceded by notice which must be published at least 14 days in advance of the public hearing, in a newspaper of general circulation in the area of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that copies of the Notice of Completion and SEQRA Hearing, together with the DGEIS shall be furnished and placed at the following places: 1. Queensbury Town Clerk's Office; 2. Glens Falls City Clerk's Office; 3. Queensbury Planning Department; and 4. Crandall Library; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director to take any further action and prepare any required notices or documents in form approved by Town Counsel to comply with the SEQRA Regulations and effectuate the terms of this Resolution. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MARTIN-Questioned what basis is the positive declaration being made? EXECUTIVE DIRECTOR, MR. ROUND-Potential impact on traffic. Overall build-out within five years talking about five hundred thousand square of industrial space. Potential for five hundred to five hundred and fifty new vehicle trips generated from that site so that has a potential impact on the highway infrastructure. There is a rezoning proposed as a part of the project. Part of the northern most portion of the project is zoned single family residential proposing to change this to light industrial that borders the Sherman Avenue area that has potential impact on community character. The size of the facility there is a potential for noise generation etc. The proposal includes a set of thresholds that the site cannot exceed so we're proposing mechanisms to mitigate all the concerns. Noted his perspective is the traffic is the most significant negative issue associated with the site, noise and potential for odor and smoke etc. RESOLUTION APPOINTING CHRISTOPHER JONES AS FIRE MARSHAL ON PERMANENT BASIS RESOLUTION NO. 49, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 212.99 the Town Board of the Town of Queensbury appointed Christopher Jones to the full-time position of Fire Marshal on a provisional basis until such time as Mr. Jones passed the Civil Service exam for the position and also subject to a six (6) months probation period, and WHEREAS, the Executive Director of Community Development has advised the Town Board that Mr. Jones placed first on the Warren County Civil Service exam and successfully completed the six (6) months probation period, and WHEREAS, Mr. Jones has also completed the State of New York Basic Code Enforcement Training Program and therefore the Executive Director has recommended that the Town Board appoint Mr. Jones on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Christopher Jones to the position of Fire Marshal on a permanent basis, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of January, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING HIRING OF JASON BAKER AND RAYMOND HOWARD AS FULL- TIME LABORERS FOR DEPARTMENT OF BUILDING AND GROUNDS RESOLUTION NO. 50, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 363, 1999, the Town Board of the Town of Queensbury authorized the Facilities Manager to hire Jason Baker and Raymond Howard as full-time Laborers working for the Department of Building and Grounds on a temporary basis until such time as the current employees in those positions returned to work, and WHEREAS, the Facilities Manager has advised that the full-time positions are now open as the former employees in those positions will not be returning to work, and WHEREAS, the Facilities Manager has therefore requested Town Board authorization to hire Jason Baker and Raymond Howard as Laborers for the Department on a full-time basis, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Facilities Manager to hire Jason Baker and Raymond Howard as full-time Laborers working for the Department of Building and Grounds subject to a ninety (90) day probationary period to be completed as of February 7th, 2000, and BE IT FURTHER, RESOLVED, that Messrs. Baker and Howard shall be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of January, 2000 by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING HIRING OF HARLEY HERMANCE AS PART-TIME LABORER TO WORK AT TOWN LANDFILL/TRANSFER STATION RESOLUTION NO. : 51,2000 INTRODUCED BY Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Solid Waste Facilities Operator has requested Town Board authorization to hire a part-time Laborer to work at the Town Landfill/Transfer Station, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Solid Waste Facilities Operator to hire Harley Hermance as a part-time Laborer at an hourly salary of $10.18 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Solid Waste Facilities Operator to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE ORDER FOR LASER PRINTER FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO.: 52,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures which require that any purchase in an amount of $5,000 or greater up to New York State bidding limits must be approved by the Town Board, and WHEREAS, the Town Water Superintendent has advised the Town Board that he wishes to purchase a laser printer to accommodate the printing of water bills associated with the Govern Software system for the amount of $5,346.66, and WHEREAS, New York State Bidding is not required as the printer is being purchased from North Country Xerographics under State Contract Pricing - Group 75511/ Award No. T960251, and WHEREAS, the Purchasing Manager has recommended that the Town Board approve the purchase, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Water Superintendent's purchase of one laser printer from North Country Xerographics under State Contract Pricing - Group 75511/ Award No. T960251 for the amount of $5,346.66 to be paid for from Account No.: 040-1680-2031, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Water Superintendent and/or Purchasing Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT:None RESOLUTION AMENDING RESOLUTION NO.: 26,2000 REGARDING PROVISION OF RADIO READ METERS AND ACCESSORIES TO WATER DEPT. BY BADGER METER, INC. AND AMENDING 2000 BUDGET RESOLUTION NO.: 53,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 26,2000, the Town Board of the Town of Queensbury authorized and directed Badger Meter, Inc. to continue providing the Town of Queensbury Water Department with radio read meters and accessories during 2000 for a total sum not to exceed $125,000 to be paid for from Account No.: 40-8340-4320, and WHEREAS, the Town Comptroller has advised that since the meters and accessories to be purchased are a new technology and not simply "like-replacements" for worn-out meters, the purchase and similar purchases in subsequent years must be treated as capital expenditures and therefore, the purchases should instead be charged to Account No.: 40-8340-2300, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No.: 26, 2000 such that the expenditure for radio meters and accessories to be purchased from Badger Meter, Inc., shall be charged to Account No.: 40-8340-2300, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to amend the 2000 Town Budget by transferring $125,000 from Account No.: 40-8340-4320 to Account No.: 40-8340-2300 to cover the cost of the expenditures. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT:None RESOLUTION APPROVING PURCHASE OF CEMETERY LOT FROM WILMA DOWEN RESOLUTION NO.: 54,2000 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the Town of Queensbury Cemetery Commission previously sold a two-grave cemetery lot (Lot #9-F in Horicon) in the Pine View Cemetery to Wilma Dowen, and WHEREAS, Ms. Dowen wishes to sell the cemetery lot back to the Cemetery Commission, and WHEREAS, the Cemetery Commission recommends the re-purchase of the cemetery lot and is now requesting approval from the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Cemetery Commission's re-purchase of Lot #9-F in Horicon in the Pine View Cemetery from Wilma Dowen for the amount of $467, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Cemetery Superintendent to arrange for the payment of $467 to Ms. Dowen and proper accounting of the sale in the Town's books and records. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT:None RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 55,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to authorize fund transfers for the 2000 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that funds be transferred and the 2000 Town Budget be amended as follows: PAYROLL TRANSFERS: FROM: TO: $ AMOUNT: 01-1640-1002 (C.F. Misc PIR) 01-8020-1620 (Sr. Planner) 2,000. 01-1680-1002 (Misc. Payroll) 01-1680-1043 (Computer Tech. Asst.) 20,000. 01-1640-1002 (Central Fleet Misc. PIR) 01-1680-1043 (Computer Tech. Asst.) 2,990. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING GRANT APPLICATION FOR FUNDS IMPLEMENTING GIS NEEDS ASSESSMENT/FEASIBILITY STUDY RECOMMENDATIONS RESOLUTION NO: 56, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Dan Stec WHEREAS, by Resolution No.: 288.99, the Town Board of the Town of Queensbury authorized the engagement of Applied GIS, Inc. to provide a Geographic Information System (GIS) Needs Assessment to evaluate potential GIS applications within various Town of Queensbury Departments, and WHEREAS, Applied GIS, Inc. has completed the Needs Assessment and has concluded that several Town Departments would benefit from implementation of a Town-wide GIS system, and WHEREAS, the Town's Executive Director of Community Development has advised the Town Board that a Local Government Records Management Improvement Fund Grant from the New York State Education Department State Archives and Records Administration (SARA) is now available to provide funding for implementation of Applied GIS Inc.'s recommendations, and WHEREAS, the Town Board wishes to authorize an application for grant funds to implement Applied GIS Inc.'s recommendations for a Town-wide GIS system, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor and/or Executive Director of Community Development to apply for a Local Government Records Management Improvement Fund Grant from the New York State Education Department State Archives and Records Administration (SARA) to be used by the Town for the purpose of implementing Applied GIS, Inc. 's recommendations for a Town-wide GIS system and take any further actions necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE ORDERS FOR LIGHT DUTY TRUCK AND MEDIUM DUTY TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 57,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures which require that any purchase in an amount of $5,000 or greater up to New York State bidding limits must be approved by the Town Board, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he wishes to purchase one (l) light duty truck and one (l) medium duty truck for snowplowing and road maintenance purposes, and WHEREAS, New York State Bidding is not required as the trucks are to be purchased under New York State Contract as follows: 1. Light Duty Truck - State Contract #PC55689 in the amount of $29,589 from GENES SEE TRUCK SALES; and 2. Medium Duty Truck - State Contract #PC55452 in the amount of $32,036 from NA VIST AR INTERNATIONAL TRANSPORTATION CORP.; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Highway Superintendent's purchase of 1. One (1) Light Duty Truck - State Contract #PC55689 in the amount of $29,589 from GENESSEE TRUCK SALES; and 2. One (1) Medium Duty Truck - State Contract #PC55452 in the amount of $32,036 from NA VISTAR INTERNATIONAL TRANSPORTATION CORP.; to be paid for from Account No.: 04-5130-2020, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Highway Superintendent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: CONTROLLER MR. HESS-Noted one of the practices that was put in place last year is when vehicles are purchased that the resolution state whether the purchase is an add to the fleet or whether it is going to replace a vehicle that is already in the fleet noting this resolution doesn't state that, questioned if they want to continue that practice? COUNCILMAN BREWER-Asked Mr. Missita if they are getting rid of two trucks and buying two news ones? HIGHWAY SUPERINTENDENT, MR. MISSITA-Noted this was discussed at the budget hearing in 1999 that they sold two vehicles in order to replace the two. SUPERVISOR BROWER-Noted it is a good idea to have it on the record whether they are new or replacement, noting these are replacement vehicles. ATTORNEY HAFNER-Questioned if they want to make a change to the resolution? SUPERVISOR BROWER-Noted it can be modify accordingly. ATTORNEY HAFNER-Resolved that such two trucks replace two trucks prior in the Highway Department fleet. RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR ONE 2000 HEAVY DUTY TANDEM DUMP TRUCK WITH PLOW, WING AND ALL NECESSARY HYDRAULICS AND ATTACHMENTS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 58,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury Highway Department wishes to advertise for bids for the purchase of one (1) new 2000 Heavy Duty Tandem Dump Truck With Plow, Wing and All Necessary Hydraulics and Attachments as specified in bid specifications prepared by the Highway Superintendent, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that such truck replaces truck in the Highway Department Fleet, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish an advertisements for bids for one (1) new 2000 Tandem Dump Truck With Plow, Wing and All Necessary Hydraulics and Attachments for the Town Highway Department in the official newspaper for the Town of Queensbury and make bid documents available on January 28th, 2000 and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to open all bids received at the Town Clerk's Office at 2:05 p.m., February 18th, 2000 read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR MEDIUM DUTY DUMP BODY WITH PLOW, WING AND ALL NECESSARY HYDRAULICS AND ATTACHMENTS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 59,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Highway Department wishes to advertise for bids for the purchase of a Medium Duty Dump Body With Plow, Wing and All Necessary Hydraulics and Attachments as specified in bid specifications prepared by the Highway Superintendent, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish an advertisements for bids for a Medium Duty Dump Body With Plow, Wing and All Necessary Hydraulics and Attachments for the Town Highway Department in the official newspaper for the Town of Queensbury and make bid documents available on January 28th, 2000 and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to open all bids received at the Town Clerk's Office at 2:05 p.m., February 18th, 2000 read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION APPOINTING JO ANN HICKS AS PURCHASING AGENT RESOLUTION NO. 60, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 38,2000 the Town Board of the Town of Queensbury abolished the full-time Purchasing Manager Position, and WHEREAS, the Town Board wishes to appoint JoAnn Hicks to the part-time position of Purchasing Agent for the year 2000 in addition to her full-time position as Records Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints JoAnn Hicks as Town of Queensbury Purchasing Agent for the year 2000 effective January 25th, 2000, with the annual salary for the position to be $4,000 (in addition to Ms. Hicks' annual salary for the full-time Records Clerk position), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Comptroller's Office to complete any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR BROWER-Noted they eliminated the position of Purchasing Manager noting in his discussions with the former employee it was determined that savings could not be achieved which would justify the salary involved in the position noting he made an assessment that the position had to be eliminated. JoAnn Hicks who is a long-term employee of the Clerks Department will pick up the additional duties for an additional four thousand dollars per year. Michele Weller, former Purchasing Manager has agreed to act as a consultant for the next weeks and be available to assist JoAnn should she have any questions. RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT APPLICATION FOR "THE MEADOWS" NEW PLANNED UNIT DEVELOPMENT TO PLANNING BOARD RESOLUTION NO. 61,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Queensbury Partners, LP has submitted an application to the Queensbury Town Clerk's Office for a new Planned Unit Development entitled, "The Meadows" and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for Planned Unit Developments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-57 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the application and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for report and recommendation: APPLICATION OF TAX MAP NO'S: LOCATION OF PROPERTIES APPLICATION FOR Queensbury Partners L.P. 60-2-5 & 10 Cronin Road - Bay Meadows Golf Course Queensbury, NY New Planned Unit Development and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies. Duly adopted this 24th day of January, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT:None ATTORNEY JOHN LAPPER, TOM NACE, PROJECT ENGINEER, DEVELOPER TOM GESSLER, FRANK PlAZA, AFFORDABLE HOUSING CONSULTANT PRESENTATION MADE BY ATTORNEY JOHN LAPPER REGARDING THE MEADOWS PUD DISCUSSION HELD SUPERVISOR BROWER-Commented on the Purchasing Manager position noting Ms. Weller did a fine job as Purchasing Manager for the Town. There is a simple fact that State and County contracts are in place she wasn't aware of it that being the case the opportunity for great savings was severely diminished. BOARD MEMBERS COMMENTS COUNCILMAN MARTIN-Spoke to the board regarding the following items. Land trust. Would like to have a public information discussion about the formation of a town base land trust. Would like to investigate the idea of the Recreation Commission expanding their authority in taking on this role. Cleverdale drainage would like to get this going maybe could look at a different approach maybe with infiltration or drywells recommended having Tom Jarrett come and speak to the board about getting the project up and going. Small Cites Grant. COUNCILMAN BREWER-Asked Mr. Round to inquire about this would like to pick an area to work and submit a grant. COUNCILMAN MARTIN-Greenway North connector noting they should be driving the project. COUNCILMAN BREWER-Should be talking about it doesn't know that they should be doing it. COUNCILMAN TURNER-Noted he doesn't agree with this. COUNCILMAN MARTIN-Doesn't want to be in a position as a board that we're going to have the pace set for us and we have to react to the plans of some developer when we have an opportunity now while things are quiet. COUNCILMAN BREWER-Recommended setting up a workshop to do this. COUNCILMAN MARTIN-Design standards for the Main Street Corridor. Noted the State process has started need to get as a community to make that corridor look good, what do we want it to look like. Recommended having a discussion on this and get some design guidelines adopted. Would like to draft a resolution as a board to State Representatives saying we as a local community need help in terms of infrastructure. Received calls from the Sunnyside Lake Association they have a milfoil problem would like town to help them out. Connector Road along Route 9 by the Factory Outlets would like to schedule a public information session before regular meeting, advertise it, do direct mailing to share what the plans are. SUPERVISOR BROWER-Asked to get copy of study for the Town Board. COUNCILMAN MARTIN-Recreation Commission received plan they have some items that they would like to start using the recreation fee money on would like to hear from them. Queensbury Forest drainage. COUNCILMAN BREWER-Noted they will be meeting with the Mayor, Don Coalts, our engineer on Thursday, January 27th, at three o'clock. COUNCILMAN STEC-Traffic study, Town wide. In Ward 3 there is a traffic problem on Aviation Road between the School and Potter Road, but in particular the Dixon Road, Farr Lane. Asked the status of Solomon Heights, Glens Falls Transient bus stop. SUPERVISOR BROWER-Noted he was unable to get in contact with them, but will be talking to them. PLANNED DISCUSSIONS EXECUTIVE DIRECTOR, MR. ROUND-Presentation made regarding Year 2000 Work Plan. The following items were presented. Background on Comprehensive Plan, Comprehensive Plan Year 2000 Initiatives (1) Complete New Zoning Ordinance (2) Adopt Bicycle Plan Route Designations (3) Formation of Land Trust (4) Perform Build Out Analysis Other Year 200 Activities (1) QEDC Veterans Field GElS (2) AGFTC Route 9/254 Access Management Plan (3) Govern Application Conversion (4) GIS Implementation Grant (5) Corinth Road/Main Street Sewer (6) South Queensbury-Queensbury Avenue Sewer District Comprehensive Plan Year 2001 Initiatives (1) TEA-21 Grant for Bicycle Facility Improvements (2) Exit 18 Main Street (3) HUD Small Cities CDBG Comprehensive Application (4) Open Space/Greenway Plan ATTORNEY MATTERS NONE OPEN FORUM PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the County intercepting the sales tax. Asked to have in writing a definite decision if the Town sales tax is involved in this intercept. SUPERVISOR BROWER-Believes town sales tax would be involved. MR. TUCKER-Spoke to the board regarding legal papers that were filed when they decided to abandon Fuller Road. Read a portion of paper, questioned why has the Town been spending taxpayers money to defend this when we're not responsible for any claims, asked to have this researched. ATTORNEY HAFNER-Noted when you do abandon a property under the section it was abandoned you have to get consent from the adjacent landowners noting this is what the consent looks like. It says that we as the adjacent property owner will not hold the Town liable for abandoning this road. SUPERVISOR BROWER-Questioned who signed it? ATTORNEY HAFNER-The Rowlands. Presumably the other owner also signed one, I know that they signed it. SUPERVISOR BROWER-Asked Attorney Hafner to make sure that is on file noting it should be Mark Branson. MR. TUCKER-Questioned how the Town of Queensbury share in the library determines what constitutes the rate that we have to pay? COMPTROLLER, MR. HESS-He has the formula in the file believes it has to do with the tax rates in the different municipalities, noted he would be glad to look it up for him. MR. TUCKER-Questioned if the law that was passed establishing this district determines the formula for taxing? SUPERVISOR BROWER-Asked Comptroller Hess to research this for Mr. Tucker. ROGER BOOR, 83 SUNNYSIDE EAST -Asked the board if they could put the open forum before the workshop as a courtesy to the audience. Spoke regarding his concerns for Fuller Road noted he would hope the board will read and understand what the decision was and do the right thing. MR. ABESS-5 WINCREST DRIVE, QUEENSBURY-Spoke to the board regarding Fuller Road noting that the public deserves to know where the board stands on this. Recommended getting advise from a different Attorney or firm. Asked the board if they would schedule a public hearing for the next regular meeting and present a resolution? SUPERVISOR BROWER-Noted he is not prepared to set a hearing. He has spoken to the Attorney's this afternoon regarding this matter and possible remedies and outcomes noting he is not prepared to discuss this tonight. ATTORNEY HAFNER-Noted we do have a lawsuit with the Town, which is related to this. BETTY MONAHAN-Spoke to the board regarding the formula for the library noting it is composed of the portion between Glens Falls, Town of Moreau, Town of Queensbury of assessment and cards holders, believes this is part of the enabling action that was passed by the New York State Legislature. Noted she backs Councilman Martin one hundred percent in the corridor design standards. Thinks if they had those in place on Route 9 we might have got what we thought we were going to get. Spoke to the board regarding her concerns for The Meadows PUD, questioned how the project meets the requirements of a Planned Unit Development. Referred to Article 8, 179-51, Section B, questioned how The Meadows follows these objectives? Recommended researching this to see if it qualifies for this designation. MR. SCHULZ, 2458 RIDGE ROAD-Spoke to the board regarding the construction of the Bay Ridge Volunteer Firehouse. Referred to Comptroller Hess comments that the Town is responsible for the debt service, referred to the title of the resolution approving the firehouse. The taxpayers will be paying for the debt service of the project noting this is a violation of the State Constitution, Article 8, Section 1, asked what is the term of the debt? COMPTROLLER, MR. HESS-Noted they will not guarantee the debt and we're not going to incur the debt can assure that's not the case because it is not required by the General Accepted Accounting Principles nor by the Governmental Accounting Standards Board. There is not going to be neither a direct or indirect liability on the books of the Town so the Town is not obligating itself to the debt. The words faith and credit, thinks the bank will look at this because of two reasons. One, the revenue source and the Fire Company is clearly dependent on the Town for its revenue source. Most of the fire companies in Town are set up to serve one customer that is the Town of Queensbury the average is ninety percent dependency we purchase ninety percent on average of the revenue for all the fire companies and ambulances. The second unusual feature about this is the extent at which we have to finance. If you substitute for faith and credit the banks going to look at the history of the relationship and the funding source and their confidence in its continuance. That describes the relationship between the bank and the borrower and its dependence and its confidence in the Town's on going relationship with the Fire Company. It no way establishes a legal liability either directly or indirectly. MR. SCHULZ-Questioned if the fire companies are subject to Town audit? COMPTROLLER, MR. HESS-Yes they are. Additionally we can audit them ourselves which we have done within the pass two years. COUNCILMAN MARTIN-They are an entity providing a service we are paying for that service. ATTORNEY HAFNER-Noted the Fire Company came here because the Internal Revenue Code said they could not go and borrow at tax exempt rates which is a lower interest rate which means if the Town decides to pay for their services that cost will be less. They cannot borrow that money unless they have this meeting they do not need the Town's approval to borrow the money. They need Town approval in order to be able to apply for tax exempt financing. MR. SCHULZ-Asked the board to look into whether there is any State or public money involved with the affordable housing project. Noting if there is State money involved it would also be a violation of the no public money for private purposes constitutional provisions. JOE BRAYTON, 231 FULLER ROAD-Questioned if the new board researched the records from the beginning of this situation? Asked Counsel what happened to the highest court saying the road is closed and the local government saying it can be opened? ATTORNEY HAFNER-Points brought up are very valid, but matter is in litigation cannot discuss in public what legal advice is. SUPERVISOR BROWER-Noted he has looked at some detail on the road is relying on counsel for advice. MIKE SLIVEY, 6 HUMMINGBIRD LANE, QUEENSBURY-Questioned if it is the boards decision at this point to refrain from any further comment until the legal matter that is before the board is closed regarding Fuller Road, noting they should have made a statement at the beginning of the meeting saying they weren't going to be discussing Fuller Road as a courtesy. SUPERVISOR BROWER-Doesn't believe the board is prepared to take action this evening regarding this matter. The board will go into Executive Session to discuss litigation that is on going relating to this road. Apologized to the public for their inconvenience. MR. SLIVEY-Asked the board to engage in this issue and not shy away from it, as part of that engagement the public will be notified in a timely fashion that a meeting will take place. COUNCILMAN BREWER-Apologized for what has happened here tonight thinks the apology should be to the people who are sitting here for Fuller Road from Mr. Abess. SUPERVISOR BROWER-Recommended having a special meeting regarding this matter. MIKE PORW ANA, LAKE LUZERNE-Spoke to the board regarding Fuller Road noted if Mr. Abess had pushed the issue in the beginning with the last board, noting this is nothing personal to anyone here, but maybe we wouldn't be here now so maybe he is pushing things a little late now. COUNCILMAN MARTIN-Apologized to the public noting he didn't know it was an issue for tonight, would like to get this resolved within the next month. MR. ABESS-Spoke to the board regarding how this matter came about for tonight. SUPERVISOR BROWER-Noted they would do a small display ad in the paper as well as legal notice when we are prepared. To contact John Giroux to see if he can do an article. COUNCILMAN STEC-Noted the board would give an answer. COUNCILMAN BREWER-By the twenty-eighth will come to a conclusion. MR. SALVADOR-Spoke to the board regarding Supervisor Brower speaking at the Citizens for Queensbury regarding Fuller Road. SUPERVISOR BROWER-Received invitation noting he will be there doesn't know what he will be speaking about. MR. SALVADOR-Spoke to the board regarding a Town Road by use in his neighborhood. In 1994 Councilman Caimano introduced a resolution to make this a one-way road noting it is very dangerous they were unsuccessful in trying to get the Town to locate streetlight at that intersection. Spoke to the board regarding a lawsuit which they applied for a permit to develop their land in that area and in so doing had to setback from the Town road noting there was a question where the Town road was located they are still in court on this. Spoke to the board regarding Town Law for Town Officials written in 1994, read paragraph 50 of summary. Questioned why can't the board get the Highway Superintendent to obey the law? ATTORNEY HAFNER-The Judge said there was no such duty as you claimed. WILLIAM BUCKWELL, 9L, RIDGE ROAD-Questioned how much more money is going to have to be allocated to cover the cost of the new firehouse in the Town budget for next year? COMPTROLLER, MR. HESS-Noted there are a lot of variables. They did a Performance Statement that said if the firehouse were built under ideal conditions brought in under budget and the other properties were sold and the money applied to reduce the debt on the new firehouse, if this were done this year how would it affected the tax rate in the tax district this year it would be 5 Y2 percent higher for the fire tax. MR. BUCKWELL-Asked if the two properties when sold will they be used to reduce the debt? SUPERVISOR BROWER-Will get an agreement from the Fire Company that they will be used to reduce the debt. MARK MORRELL, RESIDENT OF GLENS FALLS-Spoke to the board regarding Fuller Road and why are they still here after the State Appellate Court ruled. MR. SALVADOR-Spoke to the board regarding the original agreement with the Rowlands deeding a fifty foot turn-around area at the end of the road. DON ROWELL, DOUGLAS A VENUE, GLENS FALLS-Spoke to the board regarding the fifty foot turn- around for Fuller Road noting it was for the snowplows for the Town of Queensbury to turn around to go back down to Fuller Road. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 62. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss litigation. Duly adopted this 24th day of January, 2000, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 63. 2000 INTRODUCED BY: Mr. Jim Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 24th day of January, 2000, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower Noes: None AbsentNone No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury