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2000-03-20 REGULAR TOWN BOARD MEETING MARCH 20, 2000 7:00 p.m. MTG. #16 RES. 134-150 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS WATER SUPERINTENDENT RALPH VANDUSEN HIGHWAY SUPERINTENDENT RICK MISSIT A DEPUTY HIGHWAY SUPERINTENDENT MIKE TRAVIS COMPTROLLER HENRY HESS RECREATION DIRECTOR HARRY HANSEN CHAIRMAN RECREATION COMMISSION SHARRON SIMMONDS WARREN COUNTY UNDER SHERIFF JAMES PIPER TOWN COUNSEL BOB HAFNER PLEDGE OF ALLEGIANCE LED BY THEODORE TURNER 1.0 PUBLIC HEARINGS 1. 1. 1. 1 FIRE PROTE U. FIRE PROTECTION SERVICE AGREEMENTS NOTICE SHOWN SUPERVISOR BROWER-We welcome your participation this evening with that we have the first public hearing that will come before us. This is on Fire Protection Service Agreement, with that I will open the meeting, would anyone care to comment in this case the Fire Protection Service Agreement? COMPTROLLER HESS-I would just like to make you aware that there are a limited number of copies of the proposed contract language available, copies of the budgets that have been proposed are available on the table, blue and green sheets and a pink analysis of how the bugets, proposed compare with the adopted budget that was adopted for the year 2000. SUPERVISOR BROWER-Thank you. Any comments, yes, Sir, please identify yourself, state your name and address for the record. MR. CHRIS HICKEY-I am Chris Hickey, I am the treasurer of Queensbury Central my address is 15 Helen Drive. Just a couple of questions in relation to the contact, actually a request in relationship to the contract. The contract that has been proposed is a three year contract and we have negotiated with the Town to what we think is an acceptable three year contract with the exception of the truck funds. We have three year contract for truck funds and what we had talked about with the Town we just want to make sure it is included in the what is approved tonight, is that we would like a clause put into the contract that allows us to open up just the truck side of the contract after one year. I think we all agreed in the meeting that we had that part of the contract you were kind of dealt a hand that you could not do anything about but if something is not done about that part of the contract in the short run we will get ourselves into some significant trouble in the near future replacing some of the trucks that we have to have replaced. COUNCILMAN BREWER-How would you suggest that we put that language and do you have language that you would suggest? MR. HICKEY-I would propose that is just be an addendum to the contract that says that the Board authorizes the opening of the truck fund side of the contract for the year 2001 and 2002. TOWN COUNSEL HAFNER-I just want to make sure that I am getting this right Chris, you want to have a provisions that allows both the Town and the Fire Company to be able to revisit that in a year? MR. HICKEY-Correct. TOWN COUNSEL HAFNER-As long as it is on terms that is acceptable to both parties there is no I do not have a legal, that is not a legal decision. SUPERVISOR BROWER-I think we have always indicated that we have the option if both sides agreed to open up contract negotiations anyway and I think that was the intent of what we had discussed in our negotiations. I know the same fact is true with Bay Ridge Fire because they have a new fire house planned and yet its premature to really get into the financial negotiations on that and I think we agreed to open the contracts, you known, to discuss that too and to modify it appropriately. MR. HICKEY-The only other thing I just wanted to check Bob or Henry either one of the two of you, there was a letter from Paul Pontiff that was sent specifically to make some very minor revisions to the contract, I would presume that they have been made to the contract. CONTROLLER HESS-They have not been made but they will be read into the record before this hearing is over. MR. HICKEY-Ok. And they will be part of the final signed contract? CONTROLLER HESS-It was a recommendation, that changes are not made until the Board until the Board authorizes it. COUNCILMAN BREWER-Do we have a copy of that letter? CONTROLLER HESS-It will be read into the record. The clerk has it. COUNCILMAN BREWER-I have no idea what the changes are? MR. HICKEY-They are real minor changes. TOWN COUNSEL HAFNER-They were small, just refreshing my memory they were very small comments, Counsel had no issue with them. MR. HICKEY-Ok. Thanks. SUPERVISOR BROWER-Thank you Chris. Anyone else at this time? Ok. Mr. Mellon. MR. CHARLES MELLON Jr. - My name is Charles Mellon Jr. I live at 11 Martindale Road, I am the Fire Chieffor Bay Ridge Fire Company. Just a couple of comments to begin with as far as the contract in general I would like to thank the Town for the opportunity to negotiate in good faith. I think basically we in our case we have been offered what we call a fair contract. Our proposed offer and the Town's offer there was some differences and I believe that we actually were able to meet in the middle on it. I really feel that we are getting a fair contract. With that said referring to what Chris Hickey was talking about earlier, our Attorney Paul Pontiff represents Queensbury Central as well and one of the issues that the Supervisor was just referring to was our proposed new facility. We would propose an addendum to the contract that does re-open the contract specifically for the purpose of adjusting any payments that may be required because of debt financing. I believe that Darleen, do you have a copy of the letter representing Bay Ridge also? She will read the whole context and ask that the Board consider that. Thank you. SUPERVISOR BROWER-Anyone else care to address the Board at this time? In that case I will close the Public Hearing. TOWN CLERK DOUGHER-Requested that the Public Hearing be left open until the following letters are read. SUPERVISOR BROWER-Thank you. TOWN CLERK DOUGHER-The first letter is regarding Bay Ridge Volunteer Fire Company. March 7, 2000 Henry S. Hess, Controller Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804 Re: Town of Queensbury Fire Contract Bay Ridge Volunteer Fire Company 2000,20001 and 2002 Dear Henry; I have reviewed the revised Contract that was furnished to the Fire companies with your letter of February 18,2000 and with respect to the contract applicable to Bay Ridge Volunteer Fire Company, I have the following comments: 1. On page 5, under paragraph (4) subparagraph (a) at the bottom Of the page -last line, the word "bequeaths" should be bequests". 2. In addition, I have taken a look at paragraph 17 added on page 14 with respect to the provision for Successor Agreement, and I presume that it mean exclusive of payments for the vehicle fund, that is operating expenses, insurance, and debt service costs, the payments will be continued on a monthly basis at l/12th of the fire company's previous year budget. The last sentence is a little confusing and maybe we would want to clarify that to make sure that there is no confusion about what it says. 3. Finally, with respect to Bay Ridge, we would recommend adding to paragraph 5 A. the following sentence: The Town hereby agrees to reopen this contract specifically for the purpose of adjusting any reasonable payments that may be required because of debt financing by the Fire company in the construction of a new fire station in accordance with the resolution adopted by the Town Board on January 24, 2000 in connection with the requirements of Section 147(f) of the Internal Revenue Code for tax exempt financing if it is deemed necessary by the Town and the Fire Company to make adjusted payments in accordance with said debt financing, during the term of this contract. I have not been involved in the dollar negotiation amounts which the Town and the Fire Company have dealt with directly and, therefore, I make no comment with respect to the figures to be inserted in paragraph 3 A. of the Contract. Sincerely. Isl Paul E. Pontiff PEP:jb CC: Dennis Brower, Town Supervisor Chip Mellon, Chief - Bay Ridge Volunteer Fire Company March 7, 2000 Henry S. Hess, Controller Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804 RE: Town of Queensbury Fire Contract Queensbury Central Volunteer Fire Company 2000,20001 and 2002 Dear Henry: I have reviewed the revised Contract that was furnished to the Fire Companys with your letter of February 18,2000 and with respect to the contract applicable to Queensbury Central Volunteer Fire Company, I have the following comments: 1. On page 5, under paragraph (4) subparagraph ( a) at the Bottom of the page -last line, the word "bequeaths" Should be "bequests". 2. In addition, I have taken a look at paragaph 17 added on page 14 with respect to the provision for Successor Agreement, and I presume that it means exclusive of payments for the vehicle fund, that is operating expenses, insurance, and debt service costs, the payments will be continued on a monthly basis at l/12th of the fire company's previous year budget. The last sentence is a little confusing and maybe we would want to clarify that to make sure that there is no confusion about what it says. I have not been involved in the dollar negotiation amounts which the Town and the Fire Company have dealt with directly and, therefore, I Make no comment with respect to the figures to be inserted in paragraph 3 A. of the Contract. Sincerely, Isl Paul E. Pontiff PEP:jb CC: Dennis Brower, Town Superisor Robert Wescott, President - Queensbury Central Volunteer Fire Company SUPERVISOR BROWER-Thank you. TOWN COUNSEL HAFNER-Can I read in one comment to Paul's comment in the Bay Ridge, in that we can agree with the type of language that he wants but we are not going to want any implication that the Town is required to change its payments because of their financing. We went through that the night we had the public hearing the Town made decide to do that but its both parties decision it is not a requirement that we have to do that. SUPERVISOR BROWER-I think that is understood. Thank you Bob. Any other comments before we close the public hearing on the Fire Company contracts? COUNCILMAN MARTIN-I wanted to say that is a pleasure meeting with you all and it was a nice opportunity to sit down and talk with everybody. I think it was generally cordial and we got good response back and I just want to say I think it was very constructive I learned a lot and probably will learn a lot more but I thought it was a good round of meetings and I enjoyed it very much. Thank you for coming to them. COUNCILMAN STEC-I would like to reiterate some of what Jim said, we had several meetings with both the fire departments and the rescue squads and I thought that the negotiations were very amicable and everyone was prepared and had done their homework I thought that it was very productive and in the spirit of cooperation I thought was refreshing to see. It was a pleasure working with all of them. SUPERVISOR BROWER-Tim do you have anything to add? COUNCILMAN BREWER-I would like to say the same except for when we had the workshop with West Glens Falls I wished you had got pepperoni pizza instead, that is the only thing I have to say. Thank you very much. SUPERVISOR BROWER-With that I will close the public hearing and we will open up the second public hearing of the evening and that is Emergency Ambulance. TOWN CLERK DOUGHER-Are you going to do the resolution? SUPERVISOR BROWER-Do you want to do the resolution without having adopted the wording on the contract? COUNCILMAN BREWER-There was only one change. TOWN COUNSEL HAFNER-His changes were very minor and I added enough language about the Bay Road, if you want to bring it back, in two weeks after we have made those changes? COUNCILMAN MARTIN-They are all here tonight. COUNCILMAN BREWER-Lets do it now. The only thing we have got to do Bob is just change that one word on page 8 was it, bequeath to bequest. TOWN COUNSEL HAFNER-What ever you prefer. If you prefer we can wait or I think we have enough guidance here if you prefer, which ever way you want to go. COUNCILMAN MARTIN-You are comfortable, right? TOWN COUNSEL HAFNER-I am comfortable, I have put words in there to make me comfortable. COUNCILMAN TURNER-Are you comfortable with it, Dennis or do you want to wait? SUPERVISOR BROWER-Well, I only had one problem with the contract language and I can either air it now or we can do it at our off meeting and bring this back two weeks from now. TOWN COUNSEL HAFNER-If you have the least bit of concern bring it back. SUPERVISOR BROWER-I do have a concern and my concern is that in our contracts we did provide for funding for a Chiefs car but we did not intend it to be for more than one Chiefs car and my understanding is that some of the companies have interpreted that differently than the way I interpreted it. That is my concern. I believe some companies felt that they could take that dollar value and buy, lease two vehicles instead of one but my intent was that only one vehicle be leased. COUNCILMAN TURNER-That was my same thought. COUNCILMAN BREWER-I think that was my thought also but I think we discussed it and came up with a fair amount as far as the dollar amount so that they could lease a particular vehicle that they wanted that would suit their needs. If a company, we gave them five hundred dollars a month and a company is frugal enough and they have enough negotiations skills to get two vehicles for the same money that a company can only get one my question would be is why can't the other company get..? SUPERVISOR BROWER-I know what you are saying COUNCILMAN BREWER-You know what I am saying if they can get two why can't the other companies? SUPERVISOR BROWER-and I can appreciate what you are saying but my thought was, intent was to provide one Chiefs vehicle per company, not two, not three. COUNCILMAN BREWER-I agree SUPERVISOR BROWER-That funding up to that limit would be approved COUNCILMAN BREWER-For a Chiefs car. SUPERVISOR BROWER-for one vehicle. Not for two or three or whatever the deal was, did you guys feel differently or I mean, that was the thought, that is what I would like to see modified so that we are funding one Chiefs vehicle per company. COUNCILMAN STEC- That was the intent, I agree but like Tim said the dollar figure, I think is what's of most importance as far as what we are talking about the budget tonight and if one company feels that they need a suburban loaded full out and that is going to go a little bit more than five hundred dollars a month. COUNCILMAN BREWER-Than they would have to pay the difference. COUNCILMAN STEC-And if somebody else says well, we do not need something that is loaded to the hilt like that but we could better use two cars lessor equipped, I do not think that we should be in the business of mico managing their operations. We gave them a dollar figure and if they feel it is more important to split. But, I agree with you I think we were definitely talking about one vehicle. Now, I do not know if they, we have heard that there is one company at least that is thinking about something otherwise, and if we as a Board feel like we want to get down to that level and say no we were talking about one and we want one then lets add it. SUPERVISOR BROWER-I think if that is our intent we have got to be clear in the contract. COUNCILMAN BREWER-Then we have to specify the dollar amount. SUPERVISOR BROWER-I think we specified a dollar amount up to X number of dollars per month. But, the idea being it is for one vehicle. COUNCILMAN TURNER-For a Chiefs car. SUPERVISOR BROWER-For a Chiefs car. COUNCILMAN TURNER-A Chiefs car. SUPERVISOR BROWER-A Chiefs car. COMPTROLLER HESS-Let me throw just a reminder in here about how the negotiations came about. It started out and there was an amount less than six hundred dollars in the original budget also with language that excluded insurance, excluded operation. The money could not be transferred in other words you can only spend that amount of money on that it did not, during the course of negotiations after the first of the year, the amount was raised the language prohibiting transfer into or out of this money was excluded. The language prohibiting the use of town money for insurance and operation was excluded. So, you are not just talking about the lease of the vehicles you are talking about insuring and operating them. Also, the ability to transfer other money from other budget lines into that line, that language was all taken out of the contract in negotiations. So, it does have an impact, so you have to decide how you want to spend it, but there is a bigger impact that maybe you remember from the way the negotiations went. COUNCILMAN BREWER-I think we also that we talked about their budgets that we give them a dollar amount that is their budget and we are not going to tell them whether they can buy air tanks, they can buy helmets, they can buy hatchets, they can buy whatever they buy that is their budget, that is what we negotiated and I am not going to go back on my word. I spend a certain dollar amount and that is what it is up to, that is only my personal opinion. I do not care if they buy a "" and a four wheeler, I do not care, we gave them that dollar amount for a car and that is what they get. SUPERVISOR BROWER-Well, apparently Henry just said we gave them that dollar amount not only for a car but for insurance and for anything else. COUNCILMAN MARTIN-I frankly do not see how somebody is going to, based on what I heard during negotiations I do not see how anybody is going to get two vehicles, if that is the case, that is to cover insurance and all that. COUNCILMAN TURNER-That discussion never came up. SUPERVISOR BROWER-We never talked about COUNCILMAN MARTIN-I guess I agree with Tim, I really do not mind, I quite frankly as a practical matter, do not see how that is going to happen given the cost these days for these types of vehicles that we are talking about, so I do not know, we set up the five hundred dollars a month and I would be in the camp to leave it at that, I guess with Tim. That is how I feel. COUNCILMAN BREWER-I guess the problem lies with, Dennis, if one company can buy two cars with five hundred dollars a month how, why can't the other companies? Do, we set a standard SUPERVISOR BROWER-I guess it comes down to a more basic philosophy and that is do you intend more than one Chiefs car per company? COUNCILMAN BREWER-I did not give it a thought, I thought that the dollar amount that we gave them would be sufficient to buy a vehicle. SUPERVISOR BROWER-Because there is a real possibility you may have two running around in a lot of compames. COUNCILMAN BREWER-Well then maybe we made a mistake. COUNCILMAN STEC-Well then have it one, clarify it tonight. SUPERVISOR BROWER-Well let me ask you this? Being that we did not really have a consensus on this would you agree to hold this until our workshop session next week and discuss it then? COUNCILMAN BREWER-Why don't we ask the Fire Companies how they feel, they negotiated this contract too. SUPERVISOR BROWER-Would any Fire Companies have any input on this at all? Yes, Sir. MR. PETER HARRINGTON-I live on Ridge Road in Queensbury, with West Glens Falls Volunteer Fire Company. The first thing I would like to say is when we get to the point of seeing two Chiefs vehicles running around, we have two right now, both of which, yes we do. The first one is paid for, it was paid for through are fund raising efforts with no Town funds at all. It was insured with our fund raising it was gassed up and maintained with fund raising money. The second one that we have right now is still being paid for. Up until the new contract with our fund raising efforts now is that going to reflect on us because we have two, one of which we paid for the second of which we paid almost half for in an adverse way because we are running two? COUNCILMAN MARTIN-I think the point of discussion is, is again, getting back to our original approach to these negotiations, I do not know anything about operating a Fire Company I do not want to pretend that I do. In your operations of things is this something that you feel is needed for doing what you do which is essentially fighting fire and ultimately saving lives in some situations is that something that you feel that you need? I do not know that I rely on you people to tell me that. MR. HARRINGTON-We looked at the value of the second one when we were getting the second one, the value of the first one the value we could have gotten from selling it or by trading it did not you know financially look at the aspect of keeping it was better to keep it we would have lost more by getting rid of it then what we had already put into it. It was not costing any more than except for the insurance and the gas to operate it and that is why we kept the second one and when we bought the new one. COUNCILMAN MARTIN-But does that play into the operations of what you do, having those two cars? MR. HARRINGTON-It does because we you know we have our Chief and our first assistant Chief have those our Chief isn't always available the First Assistant Chief maybe able to and he is there. We have a lot of restraints on our manpower with work now it is not the same as it used to be, where you could leave work as often as you wanted to now we don't. Now it gives both these gentlemen the ability to get there with and have pretty much similar stuff in their cars to operate that emergency as they see fit and as we need to do as the tones go out. The second thing I would like to say on the verbiage when we were talking about these in our workshops with you. We had brought up the fact that you know, if you guys are financing the payments of these vehicles is kind of hard for us with the Town more ofless buying the vehicle for us to insure it. Because with it being paid for though tax funds we cannot insure it as ours because it is really not ours now if anything happens to the company as is in the contract and for whatever reason we dissolve our company that would revert back to the ownership of the Town of Queensbury as part of the fleet of trucks that we have within our Fire Company. That is the reason that we had negotiated the contract the verbiage the way we did. It states right in the contract and I am sure Henry would agree with me on that SUPERVISOR BROWER-We contract with you for service we don't, that vehicle I wouldn't think, that is not a town vehicle, that is a Fire Company MR. HARRINGTON-But, Henry, there is verbiage in the contract reads along with our Fire Trucks if any of us have any debt those would come to the Town to payoff our debt. COMPTROLLER HESS-You are talking about disillusion. MR. HARRINGTON-Right. That is what I am referring to right now. COMPTROLLER HESS-Which is a remote possibility. MR. HARRINGTON-For whatever reason if we ceased operations those would come back to the Town for ownership along with the same as our Fire Trucks would, that is why we felt our Town should also insure them and pay for the operation of those. SUPERVISOR BROWER-What is your pleasure gentlemen? COUNCILMAN STEC- There is no doubt in mind that we all thought that we were talking about one vehicle, but we also thought in the idea of fairness that we were going to hang our hat on a dollar figure. The dollar figure is out there now it is uniform throughout all the other companies I do not want to second guess you know. COUNCILMAN TURNER-The dollar figure was predicated on the vehicle the style of vehicle that they wanted not necessarily ... COUNCILMAN MARTIN-I think as a practical matter we are talking about, you have got to show me if you can get a vehicle for what they are talking about equipping these things even under state contract or whatever you are talking about then two hundred and fifty dollars a month with insurance on two vehicles, two four wheel drives you have got to show me, you could not lease at that much as an average buyer let alone you know with that kind of equipment on it so I think we are talking about something that is never going come to pass. COUNCILMAN BREWER-It is your worry that if they buy a vehicle or lease a vehicle for three hundred dollars they have got the two hundred left over they are going to use that two hundred to buy another one and then kick in the rest of the money of there own? SUPERVISOR BROWER-That is a possibility I guess. COUNCILMAN MARTIN-I do not have a problem with that. COUNCILMAN STEC-Ifthat is the case I do not have a problem with that. Again, as Jim pointed out, we are not experts in the operation of a Fire Company they are and we have negotiated a comfort zone on the dollar figure but we are not going to mico manage, we do not want to mico manage the highway department I do not want to start mico managing the fire company. SUPERVISOR BROWER-I guess it has not been an issue in the past because the Town has never technically paid for a vehicle, for the Fire Company. COUNCILMAN MARTIN-We are charting new territory. SUPERVISOR BROWER-So, you know the fact that West Glens Falls has two vehicles isn't really the issue, the issue is what did we intend to do and in my mind. Ok. COUNCILMAN BREWER-I understand and I appreciate what you are asking and I agree we thought it was going to be one vehicle but on the same hand if one company can get one for two fifty or three hundred, whatever the number is do we take that two hundred dollars away from them? That is where we get in trouble. COUNCILMAN STEC- That is exactly where we agreed on a dollar figure. Because we were not going to spec out a vehicle we were going to say this is a reasonable amount and you got, get the vehicle that you feel you need and we thought that some would be more or less but we never intended to take any extra money back. COUNCILMAN TURNER-That money was predicated on the fact that they were going to buy a certain style vehicle that they made comments to. COUNCILMAN STEC-A couple companies but not every company asked for it. COUNCILMAN MARTIN-I have no problem if this, if the vehicle turned out to be four hundred dollars a month and this leverage is another four hundred dollars of their own fund raising money COUNCILMAN TURNER-I do not have a problem spending their own money if they want to spend it. COUNCILMAN MARTIN-What I am saying is, if they use that extra hundred dollars and leverage another four hundred or three hundred dollars of their own fund raising money to get the second vehicle I do not have a problem with that. I do not think they are going to get two vehicles on strictly this money, for five hundred dollars. COUNCILMAN TURNER-They are not going to if they buy the style of vehicle that they told us that they were going to buy. COMPTROLLER HESS-The question I am going to raise is what in the contract requires them to use their own fund for anything over six hundred dollars that language was removed you do not have that in the contract so you are debating that, but it is not an issue. It is not in the contact for that. COUNCILMAN BREWER-Didn't we say that we were going to give them five hundred bucks? COUNCILMAN MARTIN-Up to. COUNCILMAN BREWER-Up to five hundred dollars. COMPTROLLER HESS-You are going to give them six hundred dollars or what ever that number is but there is no, the language that precluded them using funds that were budgeted for other purposes to pay for this vehicle, the operation of this vehicle or any other vehicle was removed. There is no limitation on money they can transfer into or out of that line item. That is what I am saying. COUNCILMAN BREWER-So, if they take money from another line item then that line item suffers. COUNCILMAN TURNER-That is fine but they have to live within their budget. COUNCILMAN BREWER-That is right. COUNCILMAN MARTIN-That is all we are saying is they got ..they got to live within the money that is budgeted. COUNCILMAN BREWER-If this becomes a big issue, Dennis SUPERVISOR BROWER-Just so you know it is a major change from where we were. COUNCILMAN BREWER-I understand it is a three year contract, three years from now we can COUNCILMAN STEC-Undo it, or revise it. COUNCILMAN BREWER-Whether it be us or another board it can always be re-negotiated. Saying no you took advantage of the Town Board in the year 2000 you abused your ..or whatever and this is what we are going to do. Similar to what we did. COUNCILMAN STEC- That is right, we said that this is what we were prepared to do and I want to stand by that. SUPERVISOR BROWER-I want to close the public hearing on the Fire Companies if I have not done it already. TOWN CLERK DOUGHER-Before the resolution was seconded noted that the Attorney had a change..in the first resolved, that you add the statement as amended by Town Board comments in a form acceptable to the Town Counsel... (Agreed to by the Town Board) RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENTS FOR 2000 - 2002 RESOLUTION NO.: 134.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) in accordance with agreements between each Fire Company and the Town, and WHEREAS, the agreements between the Town and Fire Companies recently expired, and WHEREAS, the Town and Fire Companies negotiated terms for new three (3) year Agreements for fire protection services, and WHEREAS, in accordance with Town Law ~184 and General Municipal Law ~209(b), the Town Board conducted a public hearing and heard all interested persons concerning the proposed agreements for fire protection service, and WHEREAS, copies of the proposed agreements have been presented at this meeting and are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Fire Protection District, hereby approves the fire protection service agreements between the Town and its five (5) Fire Companies, 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 West Glens Falls Volunteer Fire Co., Inc., presented at this meeting, as amended by Town Board comments in a form acceptable to the Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the agreements with each Fire Company and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES Mr. Brower ABSENT: None PUBLIC HEARING EMERGENCY AMBULANCE SERVICE AGREEMENTS NOTICE SHOWN 7:35 p.m. SUPERVISOR BROWER-Public Hearing on Emergency Ambulance Service Agreements Do we have anyone that would like to speak for the Emergency Squads? No one, no one from the public? That being the case I will close the public hearing. COMPTROLLER HESS-I would like to make.. SUPERVISOR BROWER-Mr. Hess? COMPTROLLER HESS-This did not come in a form of a correspondence but it was a verbal request by one of the squads asking the Board to re-look at a appropriation for a budget line item for vehicles, that was Bay Ridge budgeted sixteen thousand for their vehicle replacement fund which is in line with what has been done in the past. They, especially since that has been doubled because they have two vehicles. SUPERVISOR BROWER-I remember that request. COMPTROLLER HESS-I would just like to say that we talked about we recognize that there is not enough in every years budget to replace the vehicles on an ongoing basis but that is why we used debt funding and we also hold some of that money back so we would have it in the town where we need it with eight squads, or companies and squads to support we do not, we recognize that there is not enough money going to each squad to keep their fleet current, so we cover that through debt funding. At this point there is the impact that these budgets and these contracts will have on the fund balance there is really not enough room on to appropriate another sixteen thousand dollars so I am going to suggest that you just leave the budget where it is this year. COUNCILMAN MARTIN-Again, it think that is consistent with what we said in negotiations we do all we could do within the .. SUPERVISOR BROWER-We would open it up. COUNCILMAN MARTIN-Right. SUPERVISOR BROWER-Is there any correspondence to be read into the record, Darleen? TOWN CLERK DOUGHER-No SUPERVISOR BROWER-No correspondence. In that case I will close the public hearing. COUNCILMAN STEC-Dennis I imagine you may have a similar concern here because of the same line item? SUPERVISOR BROWER-I have a similar concern, but that's...who is introducing it? RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE AGREEMENTS FOR 2000 - 2001 RESOLUTION NO.: 135.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, in accordance with Town Law (184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Town and its three (3) emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squads, Inc., and West Glens Falls Emergency Squad, Inc., negotiated terms for new two (2) year Agreements for general emergency ambulance services, and WHEREAS, in accordance with Town Law ~184 and General Municipal Law ~209(b), the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed agreements for emergency ambulance service, and WHEREAS, copies of the proposed agreements have been presented at this meeting and are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the emergency ambulance service Agreements between the Town and its three (3) Emergency Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the agreements with each Emergency Squad and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of March, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin NOES Mr. Brower ABSENT: None SUPERVISOR BROWER-Frankly my reason for voting no is basically the issue of funding one vehicle as opposed to the possibility of funding two or more vehicles I do not believe it is right and that is my opinion and I will leave it at that. Ok. PUBLIC HEARING NEW YORK STATE SMALL CITIES PROGRAM NOTICE SHOWN SUPERVISOR BROWER-Public hearing number 3 New York State Small Cities program. Marilyn Ryba is with us today and I would give you the mic. MRS. MARILYN RYBA-I am Marilyn Ryba Sr. Planner with the Town of Queensbury to by left is Bill Tompkins and he is the Project Manager with Shelter Planning and Development and Incorporated the folks that are going to assist the Town in writing a Small Cities Community Development Block Grant application. The purpose of tonights Public Hearing it is actually the first of two required public hearings, the purpose first off is very generally to let you know the eligible activities and the funding that is available. The second public hearing will be held April 3rd and that will be more specific. Also it is an opportunity for the pubic of course to give any comment. So, with that I am going to let Bill take over and I do have some maps of the general area we are thinking about which I will distribute. MR. BILL TOMPKINS-Can I stand up I have the feeling that people can hear me pretty well, I have a voice that. COUNCILMAN BREWER-We have to get it onto the recorder. COUNCILMAN STEC- Take the microphone with you. You can stand up walk around just take the mic with you. MR. TOMPKINS-It is very hard for me to talk quietly. The Community Development Block Grant program is the major funding source of the U.S. Department of Housing and Urban Development. It funds a wide variety of activities that is general housing, public facility and economic development. Basically the Community Development program is divided into two components. One is for larger Cities like Albany, Schenectady, Troy that are Entitlement Communities, Glens Falls is an Entitlement Community it is the smallest one. They get automatic money they are based on a formula that a computer in Washington produces. But, for those communities that are outside of those major metropolitan areas it is a competitive application. Really what is different about it this year is that the State now will be running the program as they have slowly taken over Federal Funds that are administered through the State. The kinds of things that I want to talk about tonight are really how much money is available, what kinds of things are eligible and what the process it. As Marilyn said this is the first public hearing the purpose of having a public hearing now is before there is a program that is fixed in concrete the idea is to have to give the public a chance to comment early on. Now early on is relative, the State published this notice that the funds would be available on February 24th we have just been hired, the submission date is April 28th so the second public hearing is in two weeks. But, we do not have a program that is fixed in concrete. That State has fifty five million dollars more or less they are not sure how much because still some rangling with the Feds over this. Basically it is for Cities, Towns, Villages and Counties that are not, don't get these automatically, automatic grants. There is two categories of grants that you can apply for. One is a single purpose which is actually what the name implies it is a single activity the housing rehabilitation program, economic development program or public facility. The second type of, and the maximum grant for that is four hundred thousand. The second category is a comprehensive program, a comprehensive program is one in which you designate an area and you have a series of activities that are related and the idea being that the whole is more than the sum of its parts you do a series of things to gather in it the impact is larger than anyone of them would have been. Those grants could be up to nine hundred thousand. The State has also been very clear that if you go for a maximum grant ..it better be good. They are not looking for concentrating all their money in one place. The basically, eighty percent of the money will go to the single purpose program and twenty percent for the comprehensive programs. Now, there are three things to think about in a small cities program. One, is the program has to be competitive. Competitive means that they are going to get usually they get two or three times as many applications as they have money for they rate them and rank them and if you, by a certain set of criteria if you are not competitive then you are not going to get the money. That is part of the grantsmanship component to it. The second thing is the activities must be a list of eligible activities and I will get into that in a second. But, really the eligible activities is a big long laundry list and lots of things are eligible. But, the third part is that it has to meet one of the national objectives that is to say one of the reasons that the grant program was created. The grant program was created to do one of three things. To, benefit low and moderate income persons, that means which is defined by the Federal Government as people that are below eighty percent of the median of the area. Marilyn has I think handed out a bunch of the what the income criteria are, median income is not poor. It is basically it is in the thirties for a family of four and what they do is the Federal Government publishes what the median is for Warren and Washington County and then eighty percent of that becomes eligible. The second criteria is that it addresses, it conditions that are slums and blight that is to say those things that are that sort of drag an area down. So, it might be dilapidated housing it might be a storm drainage problem that leads people to not re-invest in their homes. The third one is an imminent threat to health and safety it is very, very rare that any body qualifies under that criteria. It means basically that people are getting sick. We tried at one time to do an imminent threat for an area that had just been flooded and they told us well, it is not an imminent threat because the flood already happened. I do not know what that meant but, we could not do it. But, of those three criteria most of the money, seventy percent must benefit low and moderate income persons. The eligible activities include acquisition of property for all kinds of reasons, public services with certain limitations that services means maybe day care of something like that, as opposed to a public facility which is a building or a water line or whatever. It can also pay for non federal share at times removal of architectural barriers, rehabilitation activities of all kinds, housing rehabilitation, economic development activities it also is the only one of the very, very few programs that provides its own admin money so that if you get the grant it comes with money to administer so there is not additional costs. That is, the basic discussion is, and one of the things about the public hearing is the first public hearing must expose what it is you can do. Basically what we have been talking about, does this move? COUNCILMAN MARTIN-To a certain extent. MR. TOMPKINS-Ok, well I am used to being on a short leash anyway, so. The, basically what we have looked at is the West Glens Falls area, basically within the time frame certainly we have already figured out Marilyn and I and other people have driven around I think we are convinced that it would be easy to do a target area that was housing. We would really like to do is a comprehensive program and we have some ideas of that. I think the strategy that we as far as we are right now, is what we think is, there is certainly is strong housing component we would like to find the other activities that could make it a comprehensive grant. (used maps) The areas that we look at is this area here which goes from Western Avenue to Veterans Road and I think it is Sherman to Luzerne Road, that area in here. There is also Newcomb Street turns out to be an area where the housing is has some real problems and then what is call the States Avenues, I am not sure what the term, the series of Avenues that all have State names. All of those areas are potential area we also looked at the other side of the Corinth Road but frankly the housing there I do not think was, there are some houses that you could help but there is not a great concentration of them. It think that one of the things that we are looking at is the idea of being in this area here which is the one between Veterans and Western the theory being if we were trying to do something that was a comprehensive grant it would be easier to tie it is possible that we may be able to tie these, the rehab in here with some way of supporting Veterans Field or some other things that in a comprehensive program there is a series of criteria you get to choose from and neighborhood is always going to be one, slum and blight is likely to be one so you are looking for other criteria. If you are supporting an economic development activity that would be one a public facility maybe there is some drainage in that area that could be fixed or something like that and the other one that we think makes this a competitive application which is one of my goals is to actually if we are going to submit it is to win is that there are a number of important initiatives taken place in that area already, one of them is Veterans Field the other is the improvements to the Exit 18 Corridor. So, we are hoping to find some ways to tie into those things, again we do not have a firm program in mind but that is where we are now and I am going to stop talking because the purpose of the public hearing is to let other people speak. I will just put this back in without doing damage. SUPERVISOR BROWER-Would anyone like from the public like to address the Board at this time concerning this grant application? Yes, Sir. Please come up and introduce yourself, come on up and do that. MR. BILL GAGE-As usual last time I was here I am an out oftowner from Hamption, Bill Gage President of Citizens for Constitutional Government. I heard the gentlemen say, the lady say that some of these perimeters or requirements were the, they looked at the areas median income and I take it that the some of the gages you use are what you pickup information from the status I mean from the census is that correct in this area? COUNCILMAN MARTIN-That is only used as a preliminary insight into the situation it is not. MR. GAGE-There is a real big reason why I say that. In that with all the hoo rah or all the hub bub that is coming up about the census status a lot of us have looked into what the census actually is and what is happening lately. If you people before you go any further you might be getting shorted. I know Washington County is. In the Counties under the status .gov on your web, you look in there and you see these stats that they give you for your counties in there I found Washington County fore instance had several repartitions when it came to the manufacturing, they had different brackets of the economy, I am not getting this quite right, excuse me. But under manufacturing you could tell that they had actually out of forty five hundred and fifty jobs in 1993, they had lied about and over inflated the actual manufacturing jobs we had by around nineteen hundred and some jobs. Which is quite an appreciable amount of money. Which states that we in Washington County actually make that kind of money. We don't over all. You would want to look at Warren County and see if you are getting shorted because if they are telling you, you are making all this money and there is a median income that involved in this you might be actually in a better status for more money than what you think you are. If you would tell you friends in the other Counties that New York State is really getting lied to because in every County that I checked they double, they have made a double entry in there by actually just changing the title of that job or that classification by one or two words and you will notice that the numbers were exactly identical, one under the other, and that happens many, many times when you are looking at your County. So, if you can get a couple hundred thousand more then go for it. SUPERVISOR BROWER-Mr. Gage I can sure you we are encouraging all our citizens to fill out their census forms and return them. MR. GAGE-We are not. We are not but that is another subject I will talk to you later. COUNCILMAN MARTIN-Lets not get into that. SUPERVISOR BROWER-You are not encouraging them? COUNCILMAN MARTIN-We do not have enough time tonight for that philosophy. SUPERVISOR BROWER-Would anyone else like to comment on this from the public, at this time, ok. Well I have got to tell you I think it is about time our town has looked to assist our low income families in ways that we are able to do that. I think this grant application will enable us to help people that are in need of assistance to fix up their homes and improve the quality of their lives or their living conditions. But, that, Marilyn would you like to comment further on this? MRS. MARILYN RYBA-Ijust wanted to mention one thing which is the next step and we hope will be this week we have an income survey that would be mailed to homes and we would encourage people if anyone is present that lives in that area to complete that survey and it is not affiliated with the Census, it is separate but it is important to this program and to determine the eligibility. COUNCILMAN MARTIN-If we could ask our very cooperative newspaper representative here tonight to try and have a public service style. SUPERVISOR BROWER-I was going to suggest that Marilyn sit a little closer to him so she could whisper in his ear COUNCILMAN MARTIN-That might be very helpful in that regard. SUPERVISOR BROWER-John I am surprised to see you sitting in the front row when we took great steps to come up with a press table for you even with your name on it. COUNCILMAN BREWER-I would just like to say and maybe ask a question I am quite excited about doing this and it is not meant in any way to demean these people it is a way if we can help our citizens, our residents then we ought to be glad that we can do it and I think that is what our intent is with this application. Personally I would like to see this get rolling and continue to happen, year after year after year so that we have a perpetual fund that we can help our residents out. After all they pay taxes and that is what pays this Board up here and pays the services that we have for our residents. Specially this is, if we do receive this grant it will be for specific blocks? MR. TOMPKINS-A designated area. COUNCILMAN MARTIN-Target area. COUNCILMAN BREWER-How does this differ and I am sure it differs quite differently than, the City has a program of community development and that can happen anywhere in the city? That is what I would like to see done eventually, if we could possibly do it. MR. TOMPKINS-The problem is it begins right at the beginning the City is an Entitlement Community, they get automatic money they do not have to compete for it. So, they can do anything that is eligible. As a small city that is competing for money you have to make, you have to put together a competitive application. COUNCILMAN BREWER-The Comprehensive would include anywhere in the Town? MR. TOMPKINS-No. The Comprehensive would still be designated in an area. What happens is this, is that when they measure the impact it is not just the impact on the individual house? It is the impact on the community as a whole. Hud and now the State are both convinced that the, that if you fix up a number of houses on the same block it has a spill over effect and that is the impact on the community that they are looking for. COUNCILMAN BREWER-Now, every time we see another area, we have to apply for another grant. MR. TOMPKINS-Oh, yes, it is annual application process. COUNCILMAN BREWER-We, certainly we will start here but then we can move to another area in the fourth Ward or the first Ward. MR. TOMPKINS-Exactly. COUNCILMAN BREWER-And we can just do this forever. MR. TOMPKINS-I looked at the Census numbers there are over five thousand people in what they call the West Glens Falls Census area and you could, you could have a number of programs in here you could have a program here you might have a, have a program here I also think that over on the other side of the Town in South Queensbury there is a potential area. COUNCILMAN BREWER-There are other areas in the fourth Ward that I would like to target and that is something else but maybe when we get to the next time we can certainly drive around and look for other areas that could use help. MR. TOMPKINS-One of the big advantages that the Town has is that they have planning. A lot of the communities that do this really do not have the kind of background that Chris and Marilyn have that and a history of planning that allows them to do a systematic thing. One of the things we are going to say and one of the things that I think the undercurrent and what I have gotten out of the State in the take over is that there is more of an emphasis on planning then there was went the Feds had it. That seems to be the one thing that is different and certainly what we are going to say in the application is that, this is the beginning of a process that would be an ongoing process. SUPERVISOR BROWER-I want to thank you and I want to thank Marilyn Ryba and Chris Round for heading up this project their efforts they brought this program to my attention here about a month ago, we are on a fast tract to get this thing implemented so we have to get moving with it. COUNCILMAN MARTIN-The other thing this is general referenced in our Comprehensive Plan that we just adopted which is another thing in its favor. The thing I would like to have you look into is if possible the idea of extending the sewer line down Main Street to a certain point that would eventually service Veterans Road Industrial Park, because right now the service line ends at the City line at Western and Main Street and then the other thing if at all possible I know that there is some provision for planning money in the grant, I would like and this is just a suggestion to Tim, it is really his Ward, is that if we could get some money for design guidelines for the Exit 18 entrance into the Town, to do some planning for the State is coming but I would like to be out ahead of the curve and have the Town in a position where we are dictating to the State what we want our corridor to look like instead of the State telling us what it is going to look like. I would like to be in a position to fund some have some funds to get that kind of up front planning and guideline work done so when the State does come through we got ok, State here it is you know, we know what we want to look like and we want funds from you to get there. MR. TOMPKINS-My reaction to it is that when the Feds had the program you could not do that, they really just would not want to hear it, but what no one really knows what the including the State they are feeling their way through the first time and one of the things that I would expect to be doing in the next two weeks as we have a draft of a budget and a series of activities we are going to take it down to them and talk to them. One of the things that I think that, that area has going for it is the amount of big actors that are spending money there including the State with the Exit 18 thing as well as Veterans Field. It is clearly is a big asset to a comprehensive activity that it either addresses those impacts by supporting the positive aspects of them so that as in helping Veterans field or in minimizing the adverse effects and both of those things are possible. What we are going to do is we are going to work, come up with a series of potential budgets and go down there and try to bounce it off some people. COUNCILMAN MARTIN-What my thought was that if we could have fifteen, twenty thousand dollars say carved out in the budget for funding a development of design guidelines to be implemented for the look of the Exit 18 Corridor coming through that area, that would mean a lot. I think we always miss the point of the discussion about that five lane, three lane business there a few months ago, it was the look of the corridor and what happens on the corridor not where or not we have five lanes or three lanes of pavement, that always missed the point. The point is the look and the entrance, the look of our, the entrance to our community that was the point and we have an opportunity to get some grant funds to help us dress that up all the better. SUPERVISOR BROWER-Chris do you have anything to add to the discussion? EXECUTIVE DIRECTOR ROUND-No, I think the purpose of to nights meeting was to launch the concept of a grant application and I think we have done that and we will be coming back to you. SUPERVISOR BROWER-Thank you. At this time I would like to closed the public hearing. I would like to thank you both for your participation. Thank you. LAKE GEORGE SERVICE ROAD DISCUSSION At this time we would like to bring up the discussion of the Lake George service road concept and I would like to call on Chris Round to basically give us some background. EXECUTIVE DIRECTOR ROUND-We have given just some handouts about the proposed location of the road they are up here on the table. COUNCILMAN MARTIN-First of all Chris, did a letter go out to the most effected people did that letter go out to everybody announcing this tonight? EXECUTIVE DIRECTOR ROUND-It was sent to all Route 9 Businesses that front in that area and all of Courthouse Estates and adjacent residents. It went out approximately two weeks ago, two and a half weeks ago. UNKNOWN-I was told that letters went to everybody in Courthouse Estates.. . did go to everyone in Courthouse Estates EXECUTIVE DIRECTOR ROUND-I cannot answer that, I mean, we developed a mailing list from our tax parcel information and letters were sent out and it was the Town Supervisor's Secretary did that for us so I cannot answer that. The purpose was, I believe, Jim asked to bring the residents up to date on the status of the project and in the mailing we just indicated what the agenda was, was a little bit of background on what the planning study was some two years ago a little bit about were it is with the Town and the recent traffic developments in the corridor. Just to touch on briefly, 1997 the Adirondack Glens Falls Transportation Council commissioned a planning study by Buckhust, Fish and Jacquemart to develop a corridor management and traffic circulation plan for this area, the million dollar half mile. I apologize we do not have any great graphics but there is a map against the wall over there showing the target area. What they developed were several recommendations after examining existing conditions connecting traffic analysis, accident data, they conducted a series of public workshop where property owners, residents of the town, county and state officials met. Round table discussions and the consensus was reached on the improvements and some of those improvements were to be incorporated with the DOT's pavement project which was recently completed last year. Some of those short term access management improvements were connections between the commercial businesses, sidewalks, closure of some of the driveway curb cuts onto Route 9, landscaping, lighting etc. Some of the other improvements were longer term and were going to be picked up by the town or the county or a potential business improvement district. The one improvement that I think most people are concerned with is the service road. You can see on the map here where Exit 20 comes out and there is a light and opposite some county owned land and there was a proposed for a county sponsored visitor center and that is shown on the map a circular entrance and then a road that would travel north behind the properties on the east side of Route 9. This again, this study was completed in March of 1997, AGFTC and the Town followed up and had the consultant complete the next phase of a planning aspect and that was completion of an environmental impact or excuse me, an environmental assessment form and that further refined the details of that project. With that they refined the traffic analysis that was done, I will just give you a couple of facts about the traffic analysis, I do not want to give you too much detail but the reports called an Access Modification Report for a proposed Service Road at the Million Dollar Half Mile. Dated December of 1997. Indicates that a service road would reduce delays at the intersections with the north bound Exit 20 and Gurney Lane by about forty one to seventy nine percent. Que links on the 1-87 off ramp would be shortened and traffic volumes on Route 9 would be decreased by at least fourteen percent. This was competed at the end of 97. Discussion with business owners since 97 into 98 there were discussions with county and with town officials about moving forward with the project. DOT completed their construction project the end of 98, 99 and it is difficult because the planning study incorporated this DOT project and what might be other components of local improvements. What the DOT completed was that was the central turning lane defines those areas, west bound Route 149 approach they added a turning lane at that location. Right turning lane on north bound US9 approach, they lengthened turning lanes, six to seven hundred feet at some locations. I will not go into the details on that. That project was designed for a ten year design life, meaning that those improvements were going to facilitate the desired traffic improvements over a ten year life span. Since that time those were completed and the 98 into 99 and we are still have a couple of tasks remaining on that project, you can see there are some utility poles still and in several locations. 1999 in August 1999 we asked the Town and the Transportation Council asked DOT to collect traffic counts we were anticipating a cooperative project with the Great Escape to collect traffic data and we thought it was best to do it during 99. DOT did do that and the Transportation Council has collected and provided some limited analysis of those numbers. Just briefly, I do not want to get, there is a lot of traffic data out there for that corridor, the original DOT improvement was designed based on 1995, 1997 the Planning Study that I just spoke about there was data collected in 1997 and 1999 we just collected additional data. So, there is three years to get a pretty good snap shot of what is going on in the corridor. As you can imagine, traffic is increasing on the corridor. What is interesting that during the 1995 analysis the traffic analysis indicated that there is generally a computer peak the seven a.m. to nine a.m. peak and the five to seven p.m. peaks. In 1997 and 1999 what you see is a shift away from those traditional computer peaks to a mid day peak a ten to twelve a.m. peak. Also the important thing is there is a shift away from what was in 1995 a north bound peak period to what is now a south bound is the predominant flow of traffic and is the highest volume of traffic. So, there has been a lot of transition there has been a lot of money invested in highway improvement and it is a time of change for how traffic is operating on that road way and we could attribute that a lot to that to Great Escape changing ownership changing marketing changing how they sell tickets. As you know Great Escape is now going through an environmental impact statement process to examine how they can accommodate their proposed plan improvements over the next five years. Where the town is with this is that the Town last year was looking to move forward with this project they were working with the County and the loose relationship with the County indicated, Town go ahead and work toward acquisition of land to construct this road way. So, discussions were held with one of the property owners there are three major property owners involved one of the property owners we did advance negotiations with that property owner and the next step was to go out and do a strip topo of that whole corridor where that road may go. Right now the only detail we have is that it has to connect to those businesses on Route 9 but a re-alignment how far away from the properties, how far on to the properties, how much grading, none of that is known right now. So, what the Town was going to move forward with last year was funding of a survey of that and then feasibility, engineering feasibility work. That is the status of it right now, I think Jim and I met with a group of home owners from the Glen Lake Association, Courthouse Estates and Twicwood about concerns about the project and we indicated that we would be back in front of and conduct a public meeting to bring it to their attention of what the status of that was. I think that's, that's about where it is at right now. I will answer any questions that I can. SUPERVISOR BROWER-Thank you Chris. Before we get going I would like to recognize Supervisor Nick Caimano from Queensbury, Nick is a County Supervisor and he asked to speak and address the Board. WARREN COUNTY SUPERVISOR NICK CAIMANO-For the record Nick Caimano, 36 Surrey Field Drive, I am an at large Supervisor from Queensbury. I came up here to say some things and I am listening to you talk and I have got fifty million things to say. Let me start by saying that I certainly realize with you and in any republic some times you have to make decisions to uproot people and bother people for the common good but I will tell you that I do not believe that there is any common good here. One thing that was said here that kind of bothers me was a loose discussion with the County to move forward. I do not know who the loose discussion was with. EXECUTIVE DIRECTOR ROUND-Loose agreement I do not think there is a written agreement.. WARREN COUNTY SUPERVISOR CAIMANO-I do not know who the loose agreement was with but I can tell you there is nothing in our budget now or will there be anything in our budget to put a road in between Courthouse Estates and the Million Dollar half mile. Our plan right now is whether the State allows us to put a curb cut in or not to put a tourism center, a tourism office on the corner of our property where the trees meet the open land. We are going to disturb as few trees as possible. As a matter of fact we have gone out and we have the building purchased, we know what we are going to use it is going to be interspersed into the woods. Our hope is to build a, as I said a tourism office but not only a tourism office but a center, a welcome center in which historical things will be in there of our area, etc. just to welcome people in. Plan number one would be to put a curb cut in so that you would come off Route 20 and go into that building when you are finished you would exit off our perimeter road and go out by the light and go back which ever way you want to from the light in front of the County center. Plan B obviously if the DOT of who ever gets crabby will just signage it and put them all through in through the light but there is no plan. I have to tell you, I do not know how this got started. There was a loose discussion there certainly was a loose discussion the loose discussion started though on the idea that we could somehow move the traffic offfrom Route 9 and off that corner of 149 and 9 and come in behind the shopping center and take them a quarter mile down the road, as it turns out for a variety of reasons that could not be done so plan B was to come back in and come out by the light in front of one of those centers which ever one it is. That makes no sense, it makes no sense to the people at the county to deliberately bother people if you will in Courthouse Estates for a project that, while I mean no disrespect for the people who own the Million Dollar Half Mile that who will benefit but the public need not be disturbed because of that and we have no plans whatsoever and the people here should know that. There are no plans and you know that Dennis, there are no plans at the County and by the way part of the financial part of that plan was the use of our DPW, that was going to be an in kind service. There are no plans for County DPW to be used to help in this project now or ever. Any questions? Well, as long as I am alive and that may be until tomorrow morning for all I know, but, any questions? SUPERVISOR BROWER-No, but I thank you for coming this evening Nick, thank you for attending our meeting and I hopefully you will come back often. COUNTY SUPERVISOR CAIMANO-Thanks for having me here. SUPERVISOR BROWER-At this time I would ask if anyone would like to address the Board regarding this, I see Mr. Kenny is here I do not know if he has anything to say or not? Ok. Dean... thank you. MR. DAVID KENNY-David Kenny, I would like to make one comment the reason that the road was proposed I do believe the access cannot go off Exit 20 unless something is changed, maybe something has changed. The Federal Government, it is a Federal Right of Way through there and if a road did not come out on another section of 9 and have other benefits that is why this survey was done. The Federal Government cannot give the County access to put and the County alternate plan was to put access down by the Mobil Station outside the three hundred foot, not to have it right at the light. To have it at the light to have it at the light the road had to go through and that is why you paid the money you had to have beneficial other ways other than just that one piece of property. SUPERVISOR BROWER-I think we had to show a minimum of thirteen percent improvement in traffic on the corridor. MR. KENNY-That is why the study was done and that is why it was talked about this road improving the traffic count rather than just increasing the traffic count by having more traffic come in and off Route 9 and other intersection which is what would happen. The County had to put an access point down by the Mobil Station to have it go in and out of the tourism which blocks traffic rather than help traffic, that is why this was opposed not to it wasn't the County cannot get an access there just for itself supposedly, maybe that has been changed, I do not know maybe you can put an access road in and just come out if you like. If that is the case, that is the case but that is not what we were ever told. Secondly, you known I hear a lot about long term planning, we have been there we started building there in 1970 early 1980's an access road was always talked about why isn't there an access road behind these project this is not something new. It was also told that we should have one in back there. In 1985, John McCormack approached me and purchased my land because he could not develop his fifty acres back there because he was told he had to have secondary access, at that time we had a Supervisor here that said no we are going to go out through the County and the County said no way in hell will we allow a road to come out through the County. It was squashed. This property has been held in limbo. I personally do not agree with some of the people, I think we need economic development. The only way we can see values come back into this Town and create jobs is by economic development. I think there is potential for great economic development. I think it has to be looked into. I am not saying the road, you know, to me it is going to effect me? What is going to effect me is to see that this town grows. If we stop the Great Escape, put stops on all these projects I am afraid, I have the most to lose and maybe the most to gain or what the Great Escape does. We start seeing economic development go down we start seeing jobs leave the area we see, that is what kills housing value and kills all property value. If I told everybody tomorrow we could create some type of professional park in the fifty acres back there with high tech industry with one hundred and fifty thousand dollar jobs and all the property values doubled they would all probably say then could be a great idea. If you said that road went in tomorrow and increased everybody's property value by fifty percent I am not saying that could happen, I am not saying that can't happen either. But, if we created high tech jobs we got the County center we got the fiber optics in there it is all up and down the Northway. Travel out west to Indiana where they have hi tech positions that is where they are they have direct access just to the park from the interstate. You see them all over, you see them in Boston right now in the suburbs. That greatly enhances the value of properties. I have heard it million times in here lets create ready sites. I am not saying this is one, but I would be a little concerned about, if I lived in Courthouse Estates when the County what really is going to effect those residents back there is the expansion of the County center doubling the size of the jail which they are going to have to do, that backs up right to their properties. Making that a one way road back there which they have done now the traffic has increase tremendously back there. There is a lot of other impacts that effect Courthouse Estates the way it exists today. This possibly could be an improvement. I am not saying it is because there hasn't been a long planning done, it has not been done. I think a lot further steps should be taken, how can we use and look at other areas, how do we get really hi tech jobs here and where do they want to locate. We do have Lake George, we do have the beauty, we do have the man power, we have a good work force. What we do not have is the proper locations. We are using the old school, we are going to locate a park, go look at where they really put these parks and where these people would go. Look at the houses around these parks and how much value they increased. I was just out in Cincinnati with my daughter and the parks are just off the highway. The houses all around them have tripled in value because these executives buy up and they want to be close to where they walk to work. The walk in parks. You have the shopping there now, what we don't have is the job base, this area is in desperate need for it. We are the main link between here and Montreal between Albany and Montreal between New York and Montreal there is potential I believe for some hi tech some type of industry in the right location with the right access, the major highway which is sitting there. I think it is about time we make use of it. I am not saying it can happen but I think the planning, it is something to look at. The fathers look at what happens along a major interstate and where these people what to go. But, I mean, it is a possibility. What I want to see is the area grow responsibly, but we have to create jobs. My son just moved to Boston my sister is out, my daughter is in Cincinnati you know why, those jobs are not here. Go look at see how those areas are developed. They are not afraid of growth, we have too many citizens afraid of growth, we are afraid of the Great Escape, we afraid of all these things. Keep chasing things out of town the property values will keep declining. We have got to start bring business to town. Thank you. SUPERVISOR BROWER-Thank you. Dean? MR. DEAN BECKOS -Dean Beckos from the Montcalm Restaurant We became familiar with the traffic situation obviously and its impact to our property recently with a nineteen, with the recent improvements in the Route 9 Corridor. We would like to go on record as being a business that is vehemently opposed to any kind of service road behind the mall. A couple of points I would want to make out. In our discussions with DOT they are very vehement about giving the County a curb cut at the Exit 20 north intersection. Their reason being is very simple, they do not want to create any more stress on that intersection as it is. Obviously this service road dumping out into Route 9 just north of this area would create an additional stress on that area. It is our opinion and I would say that it is majorities opinion that the improvements that occurred prior to last sunnner indicated a relief of stress in the area. There was virtually no congestion in that area except for Great Escape related situations. Even a large improvement occurred during rainy day weekends. In congestion with the improvements that occurred as well as obviously what is going to occur with the traffic that is incoming and outgoing from the Great Escape as they proceed with their obvious plans to if not get an exit off the highway at least greatly improve access to their area. It is our opinion that this service road would have no effect in fact create congestion where none exists now or where less exists now. More importantly obviously it creates a huge impact on the residential and development that is in Courthouse Estates. As a side bar, to go against the County, the County location of a tourism information center would obviously create stress on that area, we would encourage other sites to be looked at. Obviously Exit 21 and the immediate Lake George area would be a more realistic location. Thank you. SUPERVISOR BROWER-Well that will conclude the discussion on that particular item for this evening. I would ask that rest of you folks to hold up on second we have open forum coming up you will have five minutes to speak each it is coming up next actually. We first have a very important award to make and the people just walked in. Many of you may know Queensbury School had a terrible situation happen and we had a very intelligent sharp life guard who helped us out, and Sharron Simmonds, I would like to recognize she is head of our Recreation Commission and Harry Hansen he is our Director of our Recreation Department. Sharron would you like to come forward and present Mr. Greg LaPann with this award? MRS. SHARRON SIMMONDS-Sure, will we have a very reluctant hero here Dennis. Thank you very much. Greg, where are you (Mr. Lapann stepped forward) I have the pleasure of meeting Greg as he was doing his lifeguard duties a few weeks ago and again tonight I talked to him and he is very humble, gentle, genuine young man and it is with great pride that I give you this resolution of commendation. Whereas, Greg LaPann is a pool manager for the Town of Queensbury, Department of Parks and Recreation at the Queensbury Elementary School Pool and WHEREAS, Greg LaPann has been employed by the Town of Queensbury for over four years since February of 1996 and WHEREAS, Greg LaPann has excelled and progressed to the position of pool manager from a swim instructor and life guard during his ten year with the Town of Queensbury and WHEREAS, Greg LaPann lives in Queensbury attends Adirondack Community College and WHEREAS, Greg La Pann acted in an exemplary and intuitive manner by calling the police when he noticed a suspicious looking individual walking through the halls of the Queensbury Elementary School Building, Now, Therefore be it RESOLVED, that we the Town Board for the Town of Queensbury do hereby recognize and commend Greg LaPann for his quick thinking ability in helping to keep the Queensbury School Pool a safe place for families and their children. Congratulations. (standing ovation) UNDERSHERIFF JAMES PIPER-If I may just steal this for just a second. The Warren County Sheriffs Department would also like to make a presentation to Greg. It is not too often that we get an opportunity to commend our young people today and his conscientious efforts resulting in us making an arrest of an individual who should have been off the streets quite a while ago, so what we have here is a certificate awarded to Greg LaPann in recognition of his conscientious attention to duty, his actions as a Queensbury Recreation Department Employee resulted in the identification and subsequent apprehension of a dangerous criminal at the Queensbury Elementary School on March 12, 2000. Awarded this 20th day of March 2000 and it is signed by Larry 1. Cleveland Sheriff, Warren County. Congratulations. (standing ovation) SUPERVISOR BROWER-And that was Undersheriff James Piper who made that presentation. Thank you again, Greg. OPEN FORUM SUPERVISOR BROWER-Re: Lake George Service Road noted there will be no vote on this tonight, we just wanted to give you the current update. I would agree with Mr. Caimano I do not believe that there is any serious intent to pursue this service road, at this time. As a matter of fact Mr. Turner and I walked the property with Chris Round and went behind the 149, the stores along 149 and at least we had an idea where the proposed road was going to go. Yes. Dan. COUNCILMAN STEC-It may be appropriate for the Board to just continue discussion in public for the public benefit so that maybe they would gain some insight of our thoughts. This issue has been kicking around for a long time. This is the first time that this Board talked about it and we may actually allay some concerns if we just had a little bit of discussion ourselves rather than listening to thirty different people come up here and say that we are all against this. Maybe they would prefer to hear us talk instead of us listening. With that said, I will start off by saying I think it is going to take an awful lot of convincing for me to be convinced that this connector road or service road exit to one side of Route 9 and dumps out a little bit above is going to correct any traffic problems. It will probably create more harm than it does solve any problems. I certainly agree with Mr. Kenny, economic development is important but I hate to hear economic development used as the bull wipe every time somebody wants to run a project through the town, I think it is unfair to a bonified development. Again I am not a traffic engineer but I am an engineer and you know when you got a pipe that leaves one end of a pipe and then travels down and dumps back into the same pipe you are not gaining anything. I would, I would be more encouraged if the traffic or is the service road connected to something other than Route 9 again, I do not see it happening but you know, if we were talking about a connection onto 149, I would say all right maybe we were making progress. If we were talking about working with the Federal DOT to maybe put an exit up there at the 149 intersection that would solve some traffic problems. This doesn't, this certainly raises a value of some people's property but in my opinion to the detriment to the town. SUPERVISOR BROWER-I think the retail sector would absolutely go wild if you tried to by pass them Dan. COUNCILMAN STEC-But that is just it, and that has gone unsaid for a long time and a lot of people in this room know that, but I think it is worth saying that you know, we are shooting ourselves in the foot from a traffic standpoint to get volume across its store front. Everyone knows where the million dollar half mile is. You do not have the force, you don't have to force people to drive past it, they are going to go there and everyone is going to make money there. SUPERVISOR BROWER-Would any other Board Member would any member of the public wish to address the Board at this time? COUNCILMAN MARTIN-Well, I will chime in, this is my Ward and I just basically, fundamentally like to say I think in the future all these types of discussions should be held in the benefit of the open public like this and that a full airing before any decisions are made and that is why we had this meeting tonight and did our best to get a mailing out to everybody sometimes those things go awry but I hope that is encouraged in the future just as a fundamental. But, I do not know, I can appreciate the need to address traffic problems in that area and we must do that we are putting our heads in the sand to think that well, we will just say no to this but there are not issues there to be dealt with. I am very disappointed with the outcome of that DOT project. This, this is why I am saying this what I did earlier about Exit 18, we got left out in the cold on this project. The improvements that were called for in that, that were not made, accesses were left open that were called to be closed, landscaping that was to be done that we not done, there was supposed to be a parallel defacto service road running in front of the stores that was not constructed. There were a number of improvements called for in that study. The 149 intersection that was not done and then to come along and say that well this is one element out of that we do want to pursue does not make any sense to me. Secondarily, there is another person effected by this and that is John McCormack. This has been a long standing problem back there about how phase III of Courthouse Estates is going to be accessed and that is out there and that is another things that has got to be dealt with, it is not going to go away. We have got to do something to get fair and reasonable access back to that property. That has been an issue now John for how many years? I know he is here, twenty years, twenty five years, ... COUNCILMAN BREWER-On the same hand though Jim in fairness if that is a phase III, why wasn't a service road or some sort of road thought about in the beginning of phase I? COUNCILMAN MARTIN-There was attempts made in that regard if you look at the minutes of the Planning Board back in that time there were attempts made at that but it was just basically said well, we will talk about it at another time, because we are not. COUNCILMAN BREWER-I do not know the history of the property but I am just saying if that is an approved phase III how could it be approved with no access? That is my question. COUNCILMAN MARTIN-It is not approved, its platted it is part of the you know, the Courthouse Estates is a several phase project and that is the last remaining phase. So, I am just saying that has got to be, got to be dealt with. But, you know from my standpoint from what I have heard I just don't quite frankly see the numbers here that support this improvement, from a traffic standpoint. There are other things that could be done that were not done that would have equal if not as much benefit and it is because it required hard decisions by the State and they sort of shuffled it off onto us. You know, I do not see the point in it myself at this point in time. COUNCILMAN BREWER-It serves no purpose. SUPERVISOR BROWER-We will open up the open forum... MR. JOHN CRA WFORD-I would like to thank the Board for allowing this opportunity to address the Board, my name is John Crawford I live on McCormack Drive I am also Co-Chair of the Courthouse Estates Association represents many of the people but not all. We have some concerns with that Lake George access road as defined. We think the benefit cost ratio is very poor the cost does not justify the benefits I believe in 1996 the road suggested cost was four hundred thousand dollars. I think you would at least double that now. Cost to put that road in for very little benefit. I think it was mentioned already the road only services two malls and plus maybe a hotel. There is very little benefit, we don't see anything too help improve traffic flow in fact you go from two congested point to a third one in the middle. The road only services a few malls and not the remaining east side malls and the west side malls. We also know there is an agreement in the Queensbury Comprehensive Use Plan to allow for a buffer to maintain that buffer zone which states Courthouse Estates needS to be buffered from the retail area in order to maintain the nature of high quality homes and surroundings. To expand any non residential use would be in conflict with what already exists. A quite park should be a compatible but still would be need to be buffered from the development. We would like to support that statement that continues for that buffer zone. We are also concerned about putting a fifty foot, sixty foot wide strip in there to destroy all the remaining trees which just increases the air, noise and light pollution and effect to our quality of life. I think that is the wrong way to go. I also would like to state for the record that we are not opposed to economic development we are all for economic development in the community we understand the impact and importance of that and to say that, that little strip of road is to do or die for economic development is ridiculous. That does nothing to increase the Town's economic development but we are for it and we are looking for just controlled growth according to a plan and we say before anything is done to improve the operation is at least to complete the zoning board changes that I guess are underway that would be approved sometime this summer. COUNCILMAN MARTIN-The draft should be out next month. MR. CRAWFORD-We are also concerned with the John McCormack phase III that there may be alternatives to make that happen which I understand there could be by allowing the expansion of Courthouse Drive a little bit. So, I think there are other alternatives that need to be looked at that can be used to satisfy pretty much all the parties concerned. So, it is a win, win, win situation rather than a win lose. Thank you. SUPERVISOR BROWER-Thank you. Anyone else wish to address the board? MRS. LINDA HUDON-I am Linda Hudon I live at 88 Forest Drive in Courthouse and I plan to get up and tell you about why you should not put the road through there because of the harm it will do and the benefit of which there are none. But, I think that has been covered and you seem to be telling us that you are listening to that so the point I would like to make is this issue we keep seeming to come back to of our notification of what is going on what I happening. There was a lot of talk about the fact that we should have been notified in 1997 when this was initially looked into and I do not have a neighbor, I live in Courthouse I do not have a neighbor who remembers being notified in 1997. I remember being notified in 1988 when there was a variance granted so that a big parking garage and parking lot and drainage ditch could go in there to which I objected but that was done and I was notified and I remember it. Now, this notification that was to have gone out this time I know what was supposed to happen because I was coordinating it from our neighborhood and Jim Martin told me about the meeting coming up and the tentative date. I called the Town Clerk and was told it was not set and to call back I called back and was told the date and was put in touch with your office and I believe I spoke with Pam Whiting and I requested that everybody in our neighborhood be notified. She informed me that it wasn't, you did not have to do that, that there is a yardage notice or something but she would ask and when I called her back again she informed me, yes, in fact every one in my neighborhood would be notified, everyone in Courthouse Estates would be notified and I just heard mumbling back there that everyone in Courthouse Estates once again was not notified. COUNCILMAN MARTIN-Did you get a letter? MR. HUDON-I did because I got the point out house for that road so I am especially concerned. My point is, I just, you all have said that obviously this is going to keep coming up what we are going to do about this area so that John can use his land so that we can take care of crowed roads so that people will have people come to their businesses but we need to be kept notified of what is going on because what happens there effects the quality of our lives. I really would like to see you work on a process whereby when you tell us we are going to be notified we will be notified from now on. EXECUTIVE DIRECTOR ROUND-Just to interject is that what we did we identified and Jim asked us to do that, we identified every property owner according to our tax map information and we sent notices to the Town Supervisor's Office, sent notices to everybody on that list I did not its, that is all we generally do I do not know. SUPERVISOR BROWER-Maybe some people are missing from our tax maps? We better check that out. EXECUTIVE DIRECTOR ROUND-That is the normal process that we do. MR. HUDON-My only point is I hope that we can work so that people are notified with things that are happening that will effect their lives, because I really thought that we had it covered this time. COUNCILMAN MARTIN-You do things with good intentions and you see what still happens? Why don't we can we get a mailing list that was used a print out of that of the addresses and send it to the Homeowners Association and have them check it? All right so that this does not happen again. MR. JOHN SKEE-Corner of Equinox Drive Linda's neighbor. I am one of the ones my homes is one of the ones that stands probably the closest to this access road which is proposed. There was some discussion earlier about property values and which way that would go I do not know but I can say this three years ago when I moved in there had that access road been there I never, ever would have considered it as a property that I would buy. Thank you. SUPERVISOR BROWER-Thank you. Anyone else care to address the board? Nick, want to come back? COUNTY SUPERVISOR NICK CAIMANO-Thank you Chairman just before you finish with Courthouse Estates one quick thing, several of us were at a meeting and this is to answer Mr. Kenny. Several of us were at a meeting this week, last week and we are vitally concerned with economic development in this area and you should know by count in Queensbury, Glens Falls there is less than four hundred acres that we can use for industrial development and Mr. Martin has challenged us and we have done what you have asked us to do we introduced a resolution on Friday, in which we have asked, not asked we told the AP A that we are going to take a thousand acres out of the AP A above the blue line for economic development to make shovel ready sights. Ok., But, let the people know that we do not have a whole lot ofland. We have to fight to get that land. I also agree, I do not think that road has anything to do with it. But, just to let you know we are going to do it. COUNCILMAN MARTIN-If you want a resolution of support from this board I would make such a resolution. COUNCILMAN BREWER-Why don't we draft that and get a copy of theirs Jim, so we can echo what they said. COUNCILMAN MARTIN-Before we get off that point though to follow, Bob if we could have a resolution of support for creation of an industrial park in the Adirondack Park at a point in Warren County somewhere to be determined. MR. JOHN SALVADOR-Noted he had one hundred and fifty acres above the blue line that I would like to develop economically... re: Fuller Road noted that at the time of passage of Fuller Road as being abandoned Ward Councilwomen Mrs. Pulver was not present.. .re: Refinancing of the Warren Washington County IDA debt for the Adirondack Resource Recovery project.. . Request the board pass a resolution of non support of the refinancing of the trash plant bonds. MR. BILL GAGE-My name is Bill Gage from Hampton, President of Citizens for Constitutional Government Noted Mr. Salvador is asking for a resolution against this plan.. .you people in Warren County are going to see your property taxes multiply or go off the map once this is effected. . . SUPERVISOR BROWER-This is a serious problem we are looking at it at the County level, and we have tough decisions to make in the future. . . this is a County matter. I am not sure where I stand on it right now. MR. JOHN STROUGH-Asked that the resolutions be elaborated on .. . brief background. .. MR. PLINEY TUCKER-Division Road-Queensbury RE: intercepted sales tax Does that involve the Town's sales tax. SUPERVISOR BROWER-No, the Town's sales tax would not be effected by this it would simply be, it would be the Counties portion which is one and a half percent of the seven percent sales tax that is collected, three percent is left locally, one and a half percent is the towns sales tax revenue and one and half percent is the Counties sales tax revenue and it is still that way. In Washington County is they did vote to secure their sales tax revenue it would be the entire three percent. MR. PLINEY TUCKER-Re: Fuller Road questioned is a suit has been filed by the Rowlands? SUPERVISOR BROWER-There has been an injunction... TOWN COUNSEL HAFNER-We were served last week.. . Judge Moynihan has issued an order telling the town and Rick Missita to take no further action until he has a change to see the petition that the Rowlands brought. MR. TUCKER-Re: Res. 3.1 Hiring CT Male - regarding Moreau hookup.. . have we gotten money from them? WATER SUPT. VANDUSEN-We have submitted an invoice to the Town of Moreau, it has been processed by the Moreau Town Board it has been approved by their Engineer and been filed to DEC for their approval. MR. TUCKER-Re: 3.11 Amendment to contract is that the extension? WATER SUPT. VANDUSEN-Yes. MR. TUCKER-RE: Exit 18 Corridor questioned the costs to residents on the corridor for underground cost for utilities. . . COUNCILMAN MARTIN-Noted that he did not think that the County will require the burying of utilities. . . Nimo would have to get easement to move their poles. . . would like to have this design exercise to explore that in detail, options for funding, how much community support is there for it.. . noted he would be willing to spend town funds as a service to the County and the State to have a design form and speak about what do we want the corridor to look like. . . I would rather have the people that live on that road have a say in how it looks rather than a design engineer down in Albany. MR. TUCKER-Requested that the Attorney contact the Division of Quality Control regarding Sewer on Bay Road I want it to be legal and right. MR. VON LINDAL-Ridge Road - Questioned if the money is going for insurance regarding the Fire Company? SUPERVISOR BROWER-I believe that is part of the budgeted items. MR. VON LINDAHL-Noted the Town should look into the liability issue on that. SUPERVISOR BROWER-We contract with them and they have a budget and spend from the budget. MR. VON LINDAHL-Re: Resolutions, questioned what the burning issue is.. Asked for Copy. TOWN CLERK DOUGHER-Noted copies will be available in the Town Clerk's Office. MR. JOHN SAL V ADOR-RE: Adirondack Resource Recovery Project requested that the Town oppose the refinancing scheme. SUPERVISOR BROWER-Requested that Mr. Salvador make copies of his statements to the Town Board members. MRS. BETTY MONAHAN-Questioned the amendment to the burning law? SUPERVISOR BROWER-We are trying to tighten up the wording so that they can enforce the outdoor burning... the Town will be in charge of issuing permits for outdoor burning in the future. MRS. MONAHAN-Questioned under State Law is the Town allowed to issue the permits? Re: Resolution 3.3 How will the public know when it is filed in the Zoning Administrator's office? Could that be posted on the Town's web page and with the reason for him making that decision? TOWN COUNSEL HAFNER-Noted that the law is being put into place is due to State law... they required us to set a place and time frame where those decisions would be filed... MRS. MONAHAN-Is there some place they could be filed on the web page or outside the Town Clerk's Office also where we could take a quick glance at them? COUNCILMAN MARTIN-Noted he would feel better having it filed in the Town Clerk's Office.. . noting not everyone has a computer. MRS. MONAHAN-Questioned how The Meadows, project how that qualifies as a Planning Unit Development, I want to see the reasons. EXECUTIVE DIRECTOR ROUND-The Planning Board made a positive recommendation and they included their reasoning on that and that is what usually happens as part of your public hearing process. SUPERVISOR BROWER-Asked for further public comment, hearing none the Open Forum was closed. RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. TO PREPARE PLAN-PROFILES AND PURSUE PERMITS FOR CONSTRUCTION OF WATER LINE CONNECTOR TO TOWN OF MOREAU RESOLUTION NO.: 136.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town Water Superintendent has obtained engineering services proposals for the preparation of plan-profiles and pursuance of permits for the construction of a water line connector to the Town of Moreau, and WHEREAS, the Water Superintendent received and reviewed proposals and has recommended that the Town Board engage the engineering services of C.T. Male Associates, P.c., for an amount not to exceed $14,600 for the preparation of the plan-profiles and pursuance of permits plus an amount not to exceed $800 for easement preparation as delineated in C.T. Male's Proposal dated January 14, 2000 and presented at this meeting, and WHEREAS, that it is the Town Board's understanding that the Town of Moreau will reimburse the Town of Queensbury for this engineering work in accordance with the Intermunicipal Agreement between the Towns, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the engagement of the engineering services of C.T. Male Associates, P.c. to prepare plan-profiles and pursue of permits for the construction of a water line connector to the Town of Moreau for an amount not to exceed $14,600 for the preparation of the plan-profiles and pursuance of permits plus an amount not to exceed $800 for easement preparation to be paid for from the appropriate Water Department Account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR PREP ARA TION OF PLANS AND SPECIFICATIONS FOR REPLACEMENT OF WATER MAINS ON GREENWAY DRIVE, GREENWAY NORTH AND GLENDALE AVENUE RESOLUTION NO.: 137.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Water Superintendent has obtained engineering services proposals for the preparation of plans and specifications for replacement of water mains on Greenway Drive, Greenway North and Glendale Avenue, and WHEREAS, the Water Superintendent received and reviewed proposals and has recommended that the Town Board engage the engineering services of C.T. Male Associates, P.c., for an amount not to exceed $20,000 for design, design survey, contingency and bid phase services and reimbursable expenses, as delineated in C.T. Male's Proposal dated March 3, 2000 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the engagement of the engineering services of C. T. Male Associates, P. C. to prepare plans and specifications for replacement of water mains on Greenway Drive, Greenway North and Glendale Avenue, Queensbury for an amount not to exceed $20,000 for design, design survey, contingency and bid phase services and reimbursable expenses to be paid for from Account No.: 40-8340-2899, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING AND DIRECTING TOWN ZONING ADMINISTRATOR TO FILE EACH OF HIS ACTIONS IN ZONING ADMINISTRATOR'S OFFICE WITHIN FIVE (5) BUSINESS DAYS RESOLUTION NO. 138. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Chapter 476 of the Laws of 1999 for the State of New York provides that the administrative officer charged with enforcement of zoning local laws and/or ordinances must file each of his/her orders, requirements, decisions, interpretations or determinations within five (5) business days after the rendering thereof, and WHEREAS, the Zoning Administrator is the person charged with enforcement of the Town of Queensbury's Local Laws and Ordinances, and WHEREAS, the Town Board wishes to authorize and direct its Zoning Administrator to file each of his actions in the Zoning Administrator's Office within five (5) days of the action, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town's Zoning Administrator to file each of his orders, requirements, decisions, interpretations or determinations in the Zoning Administrator's Office within five (5) business days after each action, such filings to be public record, and BE IT FURTHER, RESOLVED, that this Resolution shall be effective immediately. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY NORTHWAY PLAZA ASSOCIATES, LLC TO PLANNING BOARD RESOLUTION NO. 139. 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Northway Plaza Associates, LLC has submitted an application to the Queensbury Town Clerk's Office for rezoning of a parcel of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications 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 and Warren County Planning Board for report and recommendation: APPLICATION OF TAX MAP NO'S: LOCATION OF PROPERTIES Northway Plaza Associates, LLC 72-7-3 Rear of Stone property located on Montray Avenue contiguous to rear of Northway Plaza, Queensbury, NY APPLICATION FOR Rezoning of parcel currently zoned Single Family Residential - One Acre (SFR-IA) to Plaza Commercial- 1 Acre (PC-IA) Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None DICUSSION HELD-Councilman Martin-recommended that the Planning Board act as Lead Agent... on SEQRA.. . Resolution was changed to reflect the turning over of the application to the Planning Board. . . as agreed to by the Board. . . RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 2000 TO AMEND CHAPTER 96 OF QUEENSBURY TOWN CODE ENTITLED, "GARBAGE, RUBBISH AND REFUSE" RESOLUTION NO.: 140.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board of the Town of Queensbury wishes to consider adoption of a Local Law to amend Town Code Chapter 96 entitled "Garbage, Rubbish and Refuse," which Local Law will clarify that Town residents are prohibited from disposing any waste material on the site that the material is generated, and WHEREAS, such legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and New York State Town Law Article 16, and WHEREAS, before the Town Board may act on the proposed Local Law, it must conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on April3rd, 2000 to consider the proposed Local Law presented at this meeting, hear all interested persons and take such action required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2000 TO AMEND QUEENSBURY TOWN CODE CHAPTER 61, ENTITLED, "BURNING, OUTDOOR" RESOLUTION NO. 141. 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board of the Town of Queensbury wishes to consider adoption of Local Law No.: _ of 2000 to amend Queensbury Town Code Chapter 61 entitled, "Burning, Outdoor," which Local Law shall more clearly define the rules and regulations concerning outdoor burning within the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on April3rd, 2000, to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: _, 2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 2000 in the manner provided by law. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AWARDING BID FOR PURCHASE OF HEAVY DUTY TANDEM DUMP TRUCK FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 142.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town's Purchasing Director duly advertised for bids for the purchase of one (1) 2000 Heavy Duty Tandem Dump Truck With Plow, Wing and All Necessary Hydraulics and Attachments for use by the Town's Highway Department in accordance with previously submitted bid documents and specifications, and WHEREAS, Minuteman Trucks, Inc., submitted the lowest responsible bid in the amount of $123,987 (including delivery and set-up fees) for the Dump Truck and therefore the Highway Superintendent has recommended that the Town Board award the bid to Minuteman Trucks, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for one (1) 2000 Sterling Model LT-9511 Tandem Truck to Minuteman Trucks, Inc., for an amount not to exceed $123,987, including delivery and set-up, to be paid for from the appropriate account. Duly adopted this 20th day of March, 2000 by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY FRAMMIS DEVELOPMENT CORP. RESOLUTION NO.: 143.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Frammis Development Corporation (Frammis) has commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for the 1997, 1998 and 1999 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed this case with Town Counsel, and WHEREAS, the Glens Falls City School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 cases against the Town of Queensbury by Frammis Development Corporation for the 1997, 1998 and 1999 tax years in accordance with the following revised assessment value: Parcel - Tax Map No.: Revised Assessment for 1997, 1998 & 1999 Tax Years: 90 Quaker Road Queensbury, New York 12804 $ 725,000 108.-1-37 and BE IT FURTHER, RESOLVED, that any refunds paid to Franunis as a result of this settlement shall be with interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Discussion held-Councilman Stec-Questioned what was the assessment before the settlement was reached? Town Counsel Hafner-One million four hundred and twelve thousand dollars proposed resolution reduces assessment to seven hundred and twenty five thousand dollars. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY CHARLES R. WOOD RESOLUTION NO.: 144.2000 INTRODUCED BY: Mr. Timothy Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Charles R. Wood has commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for the 1995, 1996, 1997, 1998 and 1999 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed this case with Town Counsel, and WHEREAS, the Glens Falls City School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 cases against the Town of Queensbury by Charles R. Wood for the 1995, 1996, 1997, 1998 and 1999 tax years in accordance with the following revised assessment value: Parcel - Tax Map No.: Revised Assessment for 1995 - 1999 Tax Years Corner of Garrison and North Roads Queensbury, New York 12804 106-3-23 $ 800,000 and BE IT FURTHER, RESOLVED, that any refunds paid to Mr. Wood as a result of this settlement shall be without interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR "THE MEADOWS" NEW PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 145.2000 INTRODUCED BY: Mr. Timothy Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. James Martin WHEREAS, the Town Board of the Town of Queensbury is considering an application by Queensbury Partners, L.P. for a new Planned Unit Development (PUD) entitled, "The Meadows" on property bearing Tax Map No. 's: 60-2-5 and 60-2-10 and located at the Bay Meadows Golf Course, Cronin Road, Queensbury, and WHEREAS, on or about January 24th, 2000, the Town Board adopted a Resolution authorizing submission of the PUD application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about February 15th, 2000, the Queensbury Planning Board reviewed the proposed Sketch Plan for the 97 Unit "Senior Housing" development, found that the Plan meets the objectives of PUD's as outlined in Town Code ~ 179-57C( 4) and adopted a Resolution requesting that the Town Board consider the PUD redistricting, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map to create a PUD District, it must hold a public hearing in accordance with the provisions of Town Law ~264 and ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, April3rd, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed application by Queensbury Partners, L.P. for a new Planned Unit Development (PUD) entitled, "The Meadows" on property bearing Tax Map No. 's: 60-2-5 and 60-2-10 and located at the Bay Meadows Golf Course, Cronin Road, Queensbury, 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 Town Clerk to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be designated as a PUD District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the Notice of Public Hearing to 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 ~264 and ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that this proposed action is subject to SEQRA review and the Board wishes to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the PUD Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT TO INTERMUNICIPAL AGREEMENT WITH TOWN OF MOREAU FOR SALE OF WATER RESOLUTION NO.: 146.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 492,98 the Town Board of the Town of Queensbury entered into an Intermunicipal Agreement with the Town of Moreau for the sale of water, and WHEREAS, by Resolution No.: 78.2000, the Town Board approved an amendment to the Intermunicipal Agreement which the Town of Moreau requested be modified, and WHEREAS, such modifications are reasonable and acceptable to the Town Board, and WHEREAS, the Town Board wishes to extend the termination date and also move the proposed meter location from the Queensbury side of the river to the Queensbury side of the canal that runs parallel to the river, and WHEREAS, the Town Boards of Queensbury and Moreau wish to amend the Intermunicipal Agreement accordingly, and WHEREAS, a copy of the proposed Amendment to Intermunicipal Agreement has been presented at this meeting and the Town Board has determined that such Agreement would be in the best interests of the Town, its residents, and its Consolidated Water District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of an Amendment to Intermunicipal Agreement with the Town of Moreau, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute an Amendment to Intermunicipal Agreement in form approved by Town Counsel and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of March, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AWARDING BID FOR PURCHASE OF FOUR WHEEL DRIVE LOADER FOR TOWN WATER DEPARTMENT RESOLUTION NO. 147.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town's Purchasing Director duly advertised for bids for the purchase of one (1) 2000 Model Year Four Wheel Drive Loader for use by the Town's Water Department in accordance with previously submitted bid documents and specifications, and WHEREAS, KC. Canary has submitted the lowest responsible bid in the amount of $77,122 and therefore the Water Superintendent has recommended that the Town Board award the bid to KC. Canary, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for one (1) 2000 Model Year Four Wheel Drive Loader to K C. Canary for an amount not to exceed $77,122 to be paid for from the appropriate account. Duly adopted this 20th day of March, 2000 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 1. o CORRESPONDENCE TOWN CLERK DOUGHER-Read the following Supervintendent Richard Missita Queenbury Highway Department Bay Road Queensbury, N.Y. 12804 Dear Mr. Missita: I am writing you in regards to the severe water problem in front of my home on Meadowbrook road, which is a town road. Since building the home two and a half years ago, the water problem progressively has become worse. Last year I wrote to councilman Teddy Turner, also a neighbor and he did take action, and a road crew was sent out. To my understanding a section of road in front of my home and the home of the Stone's was paved. Alas, this did not solve the problem. Not only does this water problem cause damage to my property, but also children walk to the school bus stop at the corner of Meadowbrook and Cronin roads. These children can neither walk through the puddle, nor avoid being saturated as a speeding motorist plows through it. Meadowbrook Road, is also a busy road used by walkers, runners, dog walkers, and bikers. They can no longer utilize this road as they run the same risk of being saturated by motorist. The same risk I take retrieving my mail on a daily basis. I am writing to you as a last resort and asking that you please address this issue, and put a solution in place that fixes the water problem on Meadowbrook Rd. Though appreciative ofMr. Turner's action, his solution did not fix the problem. In closing I have asked my neighbors, and motorist that travel this road, to sign in support of you fixing this community problem. Thanking you in advance for your time and support. I look forward to hearing from you or seeing a road crew in front of my home in the near future. Sincerely, Cathy Weatherwax Signed by five other people on file Councilman Turner-Noted that problem is the result of the tying into the sewer to the new residents and most were done in the fall and the ground froze and sucked it right down and down went the black top right with it. Then they did not come back and fix it. Highway Supt. Missita-Noted that this is a drainage issue. COUNCILMAN STEC- Read the following letter. From the John Burke Apts. Tenants Association to Town Supervisor Dennis Brower, Councilman Daniel Stec, Highway Supt. Rick Missita. Gentlemen: During meetings of our organization this last year the following concerns have been raised by our members who are residents, tenants at John Burke apts. First, parents of school children are requesting that a clearly marked crossing lane be painted across Burke Circle in front of the office along with prominent warning signs. I believe Burke Circle is a Town Road under your jurisdiction, cars use it often and are not always careful about pedestrians which include many senior citizens. There are about two hundred and twenty five apartments in the John Burke complex. Secondly the parents and senior citizens need a side walk extending from Burke Circle up Burke Drive to Aviation Road perferably on the west side of Burke Drive. School kids and other have to walk in the road in the winter time and traffic using Burke Drive as a connector between Dixon Road and Aviation Road move fast along the road. Thirdly as I personally suggested requested to the Town Officials by letter last year, two crossing guards during school opening and closing hours are used at the corner of Aviation Road and Burke Drive to get kids safely across Aviation Road. There should be a clearly marked crossing across Aviation Road there. Further a sign should be erected directing east bound Aviation Road traffic to stop at that crossing at all times when the traffic light at the Northway South bound exit, entrance is red. Otherwise and presently traffic fills up and blocks access of Burke Drive, cars seeking to enter Aviation Road. If necessary and especially if this letter is ignored as mine last year was our next step will be the petition process. I look forward to your acknowledgement and response to this letter. Our association meets monthly on the second Tuesday at seven p.m. and I would like to have something to report to our members concerning your response. Sincerely yours, Edward L. Kokich John Burke Association Tenants President. I would like to have that on the record.. I would like to talk about the sidewalk issue in that area from west of the Northway along Aviation Road, not just the John Burke area but toward Sokols .. . also would like to know if we can take action on crossing lanes etc. COUNCILMAN BREWER-Re: Queensbury Forest had a meeting with the City two months ago asked if we could get an answer back from the Mayor and Don Coalts? SUPERVISOR BROWER-The Mayor has indicated that there was not going to be a problem also brought up a concern, a small strip of right of way they need in Coles Woods for an access road that Queensbury owns... COUNCILMAN BREWER-The City has indicated that they did not have a problem with the Town taking the water from the Queensbury Forest neighborhood, they just wanted to make sure there would not be a problem with the septic systems.. . Raised question re: payroll. When we changed companies to do payroll to NDP I think we had a contract with a previous company did we get anything back from them or are we in the process of it? COMPTROLLER HESS-We are trying to work that out though negotiations.... COUNCILMAN MARTIN-Introduced Mr. Stark... owner of motel on Route 9, would like water service extended to his motel on Route 9... Water service goes as far north as Dexter. . . he would like the district to bring the extension to the edge of his property and then he would do the lateral hookup. . . TOWN COUNSEL HAFNER-Noted he has been working on how districts are formed and will have that ready for the next board meeting. MR. STARK-Noted he had talked to Mr. VanDusen regarding this...! had over estimated the distance the line had to be run and he gave me a figure of 80-100 dollar per foot it would be around 5-6 hundred feet for the extension rather than 1500 feet. . . noted that if the cost was going to be twenty or thirty thousand dollars I would not pay for it. . . I would go with my wells. WATER SUPT. VANDUSEN-Noted that there will also be a significant cost to cross 149.. .also noted a problem with pressure. . . SUPERVISOR BROWER-We will look into it.. 6.0 PLANNED DISCUSSION Lake George Planning Committee Update-Dave Decker did not appear, will contact him for another meeting. . . 7.0 ATTORNEY MATTERS TOWN COUNSEL HAFNER-At the last meeting you had directed us to contact the APA and DEC about the property in Shore Colony we wrote to the agencies and last week we hard back from the AP A. Mr. Brian Ford of the AP A is looking into it. . . will be hearing back from him in a few weeks. Requested an Executive Session on a personnel matter. RESOLUTION CALLING FOR EXECUTIVE SESSION NO. 148.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss personnel issues. Duly adopted this 20th day of March, 2000 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURING EXECUTIVE SESSION RESOLUTION NO. 149.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjournes its Executive Session. Duly adopted this 20th day of March, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES; None ABSENT: None RESOLUTION AUTHORIZING STIPULATION TO RESOL VE GRIEVANCE OF MICHAEL TROMBLEY RESOLUTION NO.: 150.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Michael Trombley, an employee of the Town of Queensbury Water Department, is a member of the Queensbury Unit of the Civil Service Employees Association, Inc., (CSEA), and WHEREAS, Mr. Trombley filed a grievance alleging that he was entitled to overtime pay for travel to and from a training program which he had voluntarily attended, and WHEREAS, the grievance proceeding went to the third stage without resolution, and WHEREAS, the Town, CSEA and Mr. Trombley wish to resolve the grievance without submitting it to arbitration, and WHEREAS, a second employee, John Langdon, also traveled to and from the same training program and the Town Board and CSEA wish to treat Mr. Langdon the same as Mr. Trombley, and WHEREAS, a proposed Stipulation to Resolve Grievance (with attached Memorandum from Bill Lochner, CSEA LRS dated March 4, 2000) has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the settlement of the grievance of Michael Trombley, including the approval of the settlement to John Langdon, in accordance with the Stipulation to Resolve Grievance as modified by the March 4, 2000 Memorandum from Bill Lochner, CSEA LRS, presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Stipulation with Memorandum as presented at this meeting, and BE IT FURTHER, RESOLVED, that upon execution of the Stipulation with Memorandum, the Town Board authorizes and directs the Town Comptroller to pay Michael Trombley and John Langdon in accordance with the terms of the Stipulation with Memorandum, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of March, 2000 by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 151.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Dennis Brower RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 20th day of March, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury