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2000-03-27 SP SPECIAL TOWN BOARD MEETING MARCH 27, 2000 7:00 P.M. Mtg # 17 Res. # 152-155 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC BOARD MEMBER ABSENT COUNCILMAN TIM BREWER TOWN COUNSEL TOWN OFFICIALS Henry Hess, Comptroller Chris Round, Executive Director of Community Development Dave Hatin, Director of Building & Codes Supervisor Brower called Special Meeting to order. . . PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DANIEL STEC 1.0 Resolutions RESOLUTION AUTHORIZING ENGAGEMENT OF TKC CONTRACTORS TO CONSTRUCT RIVER STREET TRANSMISSION MAIN FOR PROVISION OF WATER TO VILLAGE OF HUDSON FALLS RESOLUTION NO.: 152,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with Resolution No.: 163.99, the Town Board of the Town of Queensbury authorized an Intermunicipal Agreement (Agreement) with the Village of Hudson Falls (Village) for the sale of water from the Town of Queensbury' s water treatment facility, and WHEREAS, pursuant to the Agreement, the Town agreed to upgrade the water system along River Street in the Town of Queensbury to handle the water flow for the Village which would require upgrading the current 8" water main to a 12" water main, and WHEREAS, the current water system along River Street is very old and in need of replacement and upgrading, and WHEREAS, c.T. Male Associates, P.c., the Town's engineer for this project, requested sealed bids from contractors interested in performing this construction and upgrade work as delineated in the Project Manual- Village of Hudson Falls Permanent Connection to Queensbury Consolidated Water System - Contract No. 1 - River Street Transmission Main, a copy of which has been presented at this meeting, and WHEREAS, c.T. Male and the Water Superintendent have reviewed all received proposals and have recommended that the Town Board engage TKC Contractors for an amount not to exceed $121,250 to perform the work required under Contract NO.1 - River Street Transmission Main as delineated in TKC Contractor's bid dated February 14th, 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 TKC Contractors to perform the water transmission main construction and upgrade work delineated in the Project Manual - Village of Hudson Falls Permanent Connection to Queensbury Consolidated Water System - Contract NO.1 - River Street Transmission Main for an amount not to exceed $121,250 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute Contract NO.1 and any change orders pertaining to this project totaling less than $5,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute any other documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of March, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT WITH NIAGARA MOHAWK POWER CORPORATION FOR ACCESS TO PROPERTY IN VICINITY OF COUNTY LINE ROAD, QUEENSBURY RESOLUTION NO.: 153,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution 449, 1999, the Town Board of the Town of Queensbury authorized engagement of the engineering services of Jarrett-Martin, LLP to prepare a map, plan and report for the consideration of sewer improvements to serve the Warren and Washington Counties Industrial Park located in the general vicinity of County Line Road, Queensbury, and WHEREAS, Jarrett-Martin, LLP has advised the Town Board that part of their engineering work will entail accessing property owned by Niagara Mohawk Power Corporation (Niagara Mohawk) for the purposes of conducting soil sampling and test holes in connection with a proposed 4" force main, and WHEREAS, Niagara Mohawk has agreed to permit access to the property provided the Town of Queensbury enters into an Agreement for Access to Niagara Mohawk Property, and WHEREAS, the Wastewater Director has recommended approval of the Agreement, and WHEREAS, a copy of this Agreement 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 Agreement for Access to Niagara Mohawk Property presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of March, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT: Mr. Brewer 2.0 Discussions 2. 1 Rezoning of Larry Clute Property Counsel Jon Lapper, Surveyor Matt Steves, Owner Larry Clute were present for discussion regarding the proposed rezoning of a ninety-eight acre parcel located between Luzerne and Sherman Roads.... Looking for some direction from the Town Board regarding their thoughts on the site as to what they'd like to see go there... Town Board held discussion and recommended a PUD concept.... Counsel Lapper noted, when we come back after hearing all of your comments, we'll retain as much as we can as industrial, office and come up with a compromise that we think the public would like and the board would be comfortable with. 2.2Proposed Local Laws - Garbage and Open Burning Dave Hatin, Director spoke to the board regarding the proposed local laws regarding garbage and open burning... the Garbage Law is to eliminate an exemption in the law that allowed people to bury garbage on their property... I don't think we want that in a town of almost thirty thousand people... .the Open Burning Law, we're proposing quite a few changes, we may be taking on a little more work but I think it's going to make it easier for us to do the enforcement in the end. The problem we're having now is open burning of garbage, we're averaging probably two complaints a week right now. .. People are trying to burn anything and everything they can so they don't have to take it to the dump. This proposed law will stop that... Town Board held discussion and agreed to move forward. 2.3Update on Worker's Compensation Claims Henry Hess, Comptroller reviewed memo submitted to the board regarding status and update, Worker's Compensation Change from Warren County Self-Insurance to New York State Insurance Fund on the Worker's Compensation Claims... noted that he'll be attending, along with Supervisor Brower the Warren County Insurance Committee meeting at 2 P.M., Thursday, March 30th. Town Board held discussion regarding a noise ordinance, no decision was made but agreed to continue discussions. Councilman Martin noted that he's received a request for lowering the speed limit on East Sunnyside Road... Councilman Turner noted that there should be a petition filed from the area residents before taking action. Councilman Turner noted that he had a complaint from a resident of Carleton Drive regarding a mess they left after taking down some trees... noted he'll contact Nimo about having it cleaned up... Noted, he received a request for a street light at the corner of Rockwell and Haviland Roads and that he'll bring the request before the Highway Committee. Councilman Stec noted that he's received requests for the installation of a storm drainage system at the corner of Sylvan and Potter Roads. . . . Supervisor Brower noted that he spent the morning at the State Police barracks.. They're interested in renewing their lease for another ten years and he went over things that need to be fixed with the building. . . RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 154,2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a litigation matter. Duly adopted this 27th day of March, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT: Mr. Brewer RESOLUTION TO ADJOURN EXECUTIVE SESSION AND ADJOURN SPECIAL TOWN BOARD MEETING RESOLUTION NO.: 155,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session and enters Regular Session of the Town Board, and BE IT, FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Special Town Board Meeting. Duly adopted this 27th day of March, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower NOES: None ABSENT: Mr. Brewer No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY