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2000-07-10 REGULAR TOWN BOARD MEETING JULY 10, 20000 7:02 P.M. MTG #30 RES. #266-290 BOH #21-22 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Henry Hess, Comptroller Chris Round, Executive Director of Community Development Ralph VanDusen, WaterlWastewater Superintendent Mike Shaw, Dept. Wastewater Superintendent Mike Travis, Dept. Highway Superintendent PRESS: Glens Falls Post Star Supervisor Brower called meeting to order. . . . PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER PUBLIC HEARING - REVOCABLE MOBILE HOME - WILLIAM ST. JOHN NOTICE SHOWN 7:02 P.M. SUPERVISOR BROWER-The first item of business is a public hearing. Caroline, would you like to read the resolution. DEPUTY TOWN CLERK BARBER-Resolution Authorizing or Not Authorizing a Revocable Permit to Locate a Mobile Home Outside of a Mobile Home Court for William St. John. SUPERVISOR BROWER-Okay, at this time, is there anyone here to speak on behalf of the project? Is Mr. St. John present at all? Good Evening. Please have a seat Mr. St. John and introduce yourself and your address please, your name, your address. WILLIAM ST. JOHN-Okay, William St. John, Jr., address currently is 65 Alpine Avenue in Homestead Village in Queensbury. SUPERVISOR BROWER-And this is your application, correct? MR. ST. JOHN-Yes. SUPERVISOR BROWER-Would you describe the nature of the project? MR. ST. JOHN-What I would like to do is, existing now at 4C Newcomb Street is about a twenty-five or better year old mobile home single unit. It's pretty much beyond repairs or anything like that. What I would like to do is move that one off and replace that with a 1997, it's a pretty much brand new twenty-four by forty-four double wide in it's place. The site does have all the utilities, a pole to the rear, water and a septic system. COUNCILMAN BREWER-Do you have pictures of what you want to put there? MR. ST. JOHN-I sent them in with the application and the paperwork. I don't have the ones on me right now. SUPERVISOR BROWER-So, you're basically replacing an existing trailer with a newer one, is that correct? MR. ST. JOHN-Yes. COUNCILMAN MARTIN-I'm sorry, the old one is a single wide or? MR. ST. JOHN-Yes, it's a single, it's a twelve by sixty mobile. COUNCILMAN MARTIN-Okay and the new one has got a peaked roof? MR. ST. JOHN-Yes it does. COUNCILMAN MARTIN-Are you going to skirt it? MR. ST. JOHN-Well, I was basically looking to do is put a foundation on it. COUNCILMAN MARTIN-Oh, really. MR. ST. JOHN-To have the brick underneath to get rid of the skirting. COUNCILMAN MARTIN-Okay. MR. ST. JOHN-What I'd like to do is, possibility of putting a cellar underneath. If not a cellar, at least a foundation, a concrete slab or something similar. COUNCILMAN MARTIN-Okay. SUPERVISOR BROWER-Okay, any other questions from board members of Mr. St. John at this time? COUNCILMAN BREWER-No. COUNCILMAN STEC-No. SUPERVISOR BROWER-Okay, thank you Mr. St. John. COUNCILMAN MARTIN-Thanks. SUPERVISOR BROWER-I'd like to ask if there's any, any other interested parties in this application during the public hearing? Yes, sir please come forward, introduce yourself and please state your address. MR. FINCH-I have, can I present you with this first. It was supposed to be faxed up. COUNCILMAN MARTIN-I think this, is from Connie Fish? MR. FINCH-Yes. COUNCILMAN MARTIN-Yea, we have it. COUNCILMAN BREWER-I don't have it. COUNCILMAN MARTIN-It was on our DEPUTY TOWN CLERK BARBER-It's right on your desk. COUNCILMAN MARTIN-It was on the desk as you came in tonight. COUNCILMAN BREWER-Oh, alright. COUNCILMAN MARTIN-It's dated July 10th. MR. RICHARD FINCH-I'm Richard Finch and I'm the one where the property, the trailer is going on and the old one we'd like to take out and also he's, will help me do my yard which I'm not able to right now do very much of and he can help me keep the yard clean and get it straightened up and do that. So, I'd very much like to have them move their trailer. COUNCILMAN MARTIN-So, you're in favor? MR. FINCH-Yes, very much in favor of it. COUNCILMAN MARTIN-Okay. SUPERVISOR BROWER-Thank you Mr. Finch. Would anyone else like to comment on this application? Being none, we'll declare the public hearing closed. DEPUTY TOWN CLERK BARBER-Would you like me to read the letter? SUPERVISOR BROWER-Yes, thank you, read that into the record first please. DEPUTY TOWN CLERK BARBER read the following letter into the record: (on file in the Town Clerk's Office) Dear Gentlemen, Please be advised as the property owner's of numbers 5, 6, and 8 Newcomb Street, we would like to express our view on Mr. St. John's application to move his mobile home outside a mobile home park. It is our understanding that Mr. St. John will remove the existing mobile home, which is beyond repair, and move his newer mobile home in on the property adjacent to our own. I believe this action will only benefit the neighborhood, not only by replacing an existing home which is unsalvageable, but it is also my understanding that Mr. St. John will take on the responsibilities of the upkeep of the surrounding grounds. We believe the location of this mobile home will not negatively effect the lives or appearance of our neighborhood. Over the last 7 years, I have seen great many improvements happening in our area. It will be a pleasure to welcome a young couple, with a lot of ambition and energy into our community. Thank you, for giving my family and myself the opportunity to express our opinions on this application. Very truly yours, Connie L. Fish 6 Newcomb Street Queensbury, New York 12804 SUPERVISOR BROWER-Thank you. Okay, at this time, I'll declare the public hearing closed. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR WILLIAM ST. JOHN RESOLUTION NO.: 266,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code ~ 113-12, and WHEREAS, William St. John filed an application for a revocable "Mobile Home Outside a Mobile Home Court" permit to replace a mobile home located at 4C Newcomb Street, Queensbury with a newer mobile home, and WHEREAS, the Town Board held a public hearing concerning this application on July 10th, 2000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to William St. John in accordance with the terms and provisions of Queensbury Town Code ~ 113- 12. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 267, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 10th day of July, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KAREN CULVER AND ROBERT RICCIO BOARD OF HEALTH RESOLUTION NO.: 21, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Karen Culver and Robert Riccio have applied to the Local Board of Health for four (4) variances from Chapter 136 to allow: 1. a septic tank to be located one foot (1 ') from the dwelling rather than the required ten feet (10') setback; 2. the absorption field to be located approximately six inches to one foot (6" - 1') from the property line rather than the required ten feet (10') setback; 3. the absorption field to be located fifty feet (50') from a neighbor's well rather than the required one- hundred feet (100') setback; and 4. the absorption field to be located eight feet (8') from the dwelling well rather than the required twenty feet (20') setback; on property located at 124 Sunnyside North, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on July 24th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Karen Culver and Robert Riccio's sewage disposal variance application concerning property located at 124 Sunnyside North, Queensbury and bearing Tax Map No.: 50-1-84 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 24th day of July, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO. 22,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 10th day of July, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None REGULAR SESSION CORRESPONDENCE Deputy Town Clerk Barber read the following letters into the record: Dear Mr. Missita: The Board of Directors of the Hudson Pointe Homeowners Association voted to express our appreciation of the fine job your workers did in picking up the yard waste this past Spring. This was a very valuable service to our new neighborhood. As you know whenever new homes are constructed within a pine forest, many broken branches and downed trees result for several years. Picking up and disposing of this yard waste certainly made our development much more attractive. We hope that your department will continue this important program for the next several years. Sincerely, James M. McCarthy President Dear Supervisor Brower: My client, The Green Mountain Development Group, will soon by submitting for site plan approval of their proposed Cedars Senior Living Community to be located on Meadowbrook Road on land presently owned by Mr. Passarelli. Obtaining public sewer service will be crucial to this project. I have discussed this project with Mike Shaw and have indicated to him that we would propose to connect a gravity sewer from the project into the existing Hiland Pump Station on Meadowbrook Road. The design flow from the project at full build-out would be approximately 25,000 gallons per day. This additional flow, when combined with reasonable estimates for the build-out of Hiland, should be well within the capacity of the original pump station. Will you please put this item on the next available Town Board meeting agenda as a discussion item so that the developer can get direction from the Board regarding the proposed connection to the municipal sewer system? Please call me if you have any questions. Sincerely, Thomas W. Nace, P.E. Gentlemen, I am writing to you in hope you can resolve a drainage issue I have with the highway department and have not been able to resolve with them directly. Last summer, the highway department deepened an existing ditch across the road from our property, exposing a spring, and then diverted the water onto our property by cleaning out an old culvert pipe than ran across the road onto our property. This spring, the culvert has funneled water onto our property, continuously since snow melt, sometimes submerging 3 acres. The area is basically flat with no streams to carry the water off. This situation has created several serious problems. First, the value of this property is ruined. It is now unsaleable. Second, the constant flooding of this land will eventually kill the trees in the area and require their removal. Third, because the ground is very rough, numerous pools form, which are an ideal breeding ground for mosquitoes. And lastly, this is PRIVATE property which the Town of Queensbury has no right to use or destroy. We are very upset and disturbed by the lack of response to this problem, especially since there is a such a simple solution; plug or remove the culvert, and allow the water to run down the drainage ditch on the opposite side of the road, as it has done for many years. We are disappointed that this issue could not have been settled earlier. We are hoping you can help us resolve this problem. Sincerely, Robert & Judith Fallman Supervisor Brower scheduled the Green Mountain Development Group discussion for the July 17th Town Board Workshop Session.... Town Board held discussion regarding the drainage issue on Gurney Lane... Supervisor Brower noted that he'd like to make a site visit with Ted and Rick... OPEN FORUM 7:15 P.M. Mr. Bob Vallaro, representing the Baybridge Homeowner's Association noted that the Homeowner's Association received fifty-eight out of sixty-nine votes for the sewer... Referred to the proposed Baybridge Sewer District extension and requested seeing a copy of the proposed agreement prior to it being forwarded to his attorney... Noted that the Short Form SEQRA was submitted to the Town Clerk on June 23rd .... Reviewed letter received from Bob Hafner dated July 7th with the board. Mr. Howard Krantz, Chestnut Ridge Road spoke to the board regarding the traffic situation on Chestnut Ridge Road and requested lowering the speed limit from 40mph to 30mph and more enforcement... It was recommended that we get a petition together which we have done. . . Councilman Martin noted that there's a process involved where it starts with the Town Board, then forwarded onto the County and then onto the State DOT who will make the decision as to the lowering of the speed limit. .. Agreed to start the process. Councilman Stec, Councilman Brewer and Councilman Turner agreed. Supervisor Brower noted that he had some people visit him in his office today who explained that they were misinformed when they signed the petition, they felt it was for enforcement of the current 40 mph speed limit, not for a reduction of the speed limit and had they known that, they would not have signed the petition. .. agreed to start the process and contact Sheriff Larry Cleveland in the interim for increased patrol. Town Board held brief discussion and requested Counsel Hafner to prepare resolution for the next regular Town Board Meeting. Mr. Pliney Tucker, Division Road questioned whether the Glens Falls Sewer Plant was a regional plant? Supervisor Brower noted that it was originally built to be a regional plant, eighty-seven and half percent paid by the federal government. Mr. Tucker questioned why, if it's a regional plant and was built for a regional plant, why does the Town of Queensbury have to buy in for sewage rates to the plant? Councilman Brewer noted that the City of Glens Falls owns the plant. Councilman Stec noted that he would like to see where it's in writing, where this buy-in comes from, where it originates. . . . Ralph VanDusen, Water Superintendent noted, physically they own the property, they own the facility on the property, it's their's. Councilman Martin noted, then they're entitled to have a buy-in for that reason. Mr. VanDusen, Water Superintendent noted, yes. Is it legal for an entity to accept federal funds to build a regional supply and then sell that, that's a legal question. Counsel Hafner noted, what I understand from what we've heard, the Federal Government paid the vast majority of the cost of that sewage plant but they paid for it maybe with the idea of it being regional which is things that we've heard but they gave it to the City of Glens Falls. It's their property, they own it and they have the right to sell rights to use it as they see fit... when the Federal Government gave them the money they didn't require how they would treat others in the region. Mr. Tucker noted, there must be something in writing somewhere when this deal was put together. Supervisor Brower noted that he has spoken to Mark Schachner about this and is waiting instructions. Mr. Tucker referred to a discussion he had with the Supervisor regarding the boat launch at the Hudson River Park and questioned whether he spoke to Harry Hansen yet? Supervisor Brower noted that he spoke with Harry and he's bringing it up with the Recreation Commission for their action. Mr. Don Sipp, Courthouse Drive referred to a Planning Board Meeting held several weeks ago in which he attended and noted that there was an applicant who came in for an addition to an existing building and during the discussion, it was brought up that he was in violation of his previous site plan by at least six items. . .. Questioned the penalty or the sanctions that can be imposed upon this applicant or can he get away with this without anything happening? Mr. Round, Executive Director noted that the Planning Department does not have the ability to levy a fine against somebody for non-compliance. Noted, that if someone fails to comply with a project, we seek compliance. If they fail to comply, you take it to court and it's then the job of the Town Judge to define what the remedy is, whether it's a levy of a fine or it's removal of a structure, any number of alternatives. Councilman Martin noted, the policy has been for a number of years to seek compliance. The policy has not been to extract money, a fine, criminal penalty or something like that. Not to say that that doesn't happen, that does happen on occasion it gets to that point but what the town does not have, and I don't think a lot of people understand this, the town does not have police power. The only one that has the authority to do that the way the system works is the Judge. When we find somebody that's not in compliance, we give them a certain time to come into compliance, if they do not then we issue a court summons and we have the Judge tell them to come into compliance. If they don't do it at that point, then fines can be issued and even arrest warrants. Mr. Sipp-Ifthis building is not in the same place it was originally given on the original site plan, what would happen then? Councilman Martin-Several things could happen. If something of a building, obviously that has to go back to the Planning Board. If it represents a material change in the site, to the extent that it's a negative impact, I mean if you take it to it's hypothetical worse case, the building would have to be torn down and moved. Mr. Round, Executive Director reviewed process and Town Board held brief discussion. Mr. Paul Abess referred to Judge Moynihan's recent decision regarding Fuller Road and noted, that many of us believe that his decision appears to be on shaky ground and creates many more questions then it gives answers.... Request the Town Board to authorize Mr. Lebowitz to file a Notice of Appeal... It's the responsible thing to do, it keeps the town's options open... Ms. Joanne Bramley, Twicwood Lane referred to discussions held at the June 19th meeting regarding duties of the Public Health Officer where she stated that she did not understand why Dr. Evans does not appear at the Board of Health sessions and the explanation given to her by the board was that it would cost the town a great amount of money to have him present. .. Referred to resolution outlining the duties of the Health Officer and noted that it states that he's paid on the first of each calendar year four thousand dollars annually but does not indicate any excess payment nor that his presence is required... Councilman Stec noted, I think the answer people we're trying to give you last time is if we asked him to be here more often, he'd likely say it's going to cost you a lot more then four thousand dollars to retain me per year. Ms. Bramley noted, but that's not in the resolution, he signed this, you wrote it. So where does he get to say I want more, where does the terms get to change? Counsel Hafner noted, I thought what the board was saying that that may work for this year because according to the contract, which I haven't seen since that resolution authorizing this, that you might be able to get him to come more often this year but next year when it came back up, they either would not be able to get a qualified public health officer to agree for that amount or they would have to pay more. Because the understanding is that he would be on call as needed not to be here at every meeting. Councilman Martin noted, I was going to say the same thing, you're technically correct in that that document does say that and okay, he'd honor it for this year but I would have a concern that come renewal time next year, that same amount would not be what we're talking about. We'd probably be talking about something far more. Ms. Bramley noted, the minutes from the last time say hundreds of thousands of dollars and this is a four year term he was appointed to, this doesn't end in January. Counsel Hafner-Does he have the right to terminate on annual basis? Ms. Bramley-It's not listed in here anywhere. Councilman Martin-He would certainly have the right to resign. Your concern is? Ms. Bramley-I have a concern that he should be here so that the public can have access to his expertise, you can consult him anytime you choose. .. I don't understand when a public health board convenes in a public forum and there is a public health officer that the New York State Department of Health requires to be here, why the public can not have access to this person. Councilman Martin-The thing that happens with a lot of our actions as the public board of health are dimensional issues, they're usually setback issues. . .. The instances that we usually call him in on, as I understand it, is when we have a scientific biological concern about a coliform reading or something like that. . .. Like the coliform counts we got out there at the one drainage ditch, then I could see that but most of the time we're looking at a dimensional setback relief and I don't know what a doctor is going to contribute to that discussion. Ms. Bramley-When we had the issue with Walker Lane, you as a board consulted him outside of the public forum and nobody here that was concerned about that had any means to consult him. Councilman Martin- I think that is a good suggestion, I mean if it would help to have him here for that type of discussion about an issue like that, I could see that. But I don't see the need here for every instance that we convene for a dimensional separation or a setback relief. Ms. Bramley-No, I'm not saying every instance. I'm saying something that is of a health preventative nature that some person from the audience may have a question for. Councilman Martin-I don't have any problem with that, I don't think he would either because the number of instances we have like that in the course of a year are proven to be few. Councilman Turner-That's the first one in a long time. Ms. Bramley-How many times has he been consulted this year? Councilman Martin-That's the first time that I can recall. Supervisor Brower-I've consulted him twice so far, that was the first issue and I consulted him about a PCB situation in the river. Ms. Bramley-Is he require to submit reports after your conversations? Councilman Martin-Yes, with Walker Lane and we read that into the record. .. An issue like that, I wouldn't have a problem with asking him to be here so that the public would have access to him. Supervisor Brower-I think we'll make that judgement as we go. If we believe that it would be helpful to have him here, we'll ask him to be here if he's able to make it. Ms. Bramley-Who was the town health officer before this, was it Dr. Evans? Councilman Martin-As far as I can remember, he was. Counsel Hafner-I understand he's consulted by Dave Hatin on a regular basis, as he needs. Ms. Bramley-It also states that he's supposed to periodically make inspections of places of all public assembly. What kind of places does that mean? Councilman Martin-I think that term is probably applying to how it's used in the building code, place of public assembly, like the mall, theaters, churches, anything like that. Ms. Bramley-So he does that and reports are filed? Supervisor Brower-He does not do that on a regular basis. If we were to ask him to investigate a specific place because we had a concern, he certainly would do that.... We have to ask for his actions. Ms. Bramley-Well it says, he shall periodically inspect all places of public assemblage and report thereon to those responsible for the maintenance of such places. Councilman Martin-In order to do that, you're talking about something like what the Fire Marshal does and you would need two or three people to do that. Councilman Stec-I can't imagine a doctor getting around to every place of public assembly. Councilman Martin-You can't do it. Councilman Brewer-Why is it in there? Ms. Bramley-Considering this is a four year resolution, maybe there ought to be some amendments made to it. Supervisor Brower-I think he should be available to check on any places, if we ask him to. Councilman Brewer-I would agree with you Dennis but if it's in the contract, why is it, it has to be in there for a reason. I guess, why is it in there? Supervisor Brower-Well, I'm sure our attorneys drafted the language and probably tried to cover us as much as they could. Ms. Betty Monahan-Dennis, maybe I can shed a little light on when Dr. Evans was called in. One was a public place where we were concerned about the septic system and in fact it was near Lake George and there was concerns of where that was going. Another was a house, a women went to the hospital in a very nice section of town, the neighbors started smelling things and so on and so forth, we asked Dr. Evans to investigate and actually the house was in such condition it was not considered proper for her to come back home to it. Those are the kinds of situations that Dr. Evans is brought in. Supervisor Brower-Actually, we had a third incidence recently, last Friday, the place will go unnamed but an individual had at least over a ton of garbage in their trailer and they pulled it out and put it on another trailer and it's been sitting there for three or four days. They were putting Clorox over it and trying to keep the odors down and we viewed it as a public health problem. Contacted the doctor and he gave us authorization to remedy the situation, if it wasn't gone by Friday at twelve noon. We had word at eleven o'clock that it wasn't going to be gone at twelve noon. So, I contacted our landfill personnel, they went over with a garbage truck and they were ready to take care of it and it was gone. It was a serious condition and the child protective services were called because they had three children. .. Those are the types of instances that we use him for and he has been very responsive. But you're right, the language might use some modifications. Counsel Hafner-I believe that the language follows the statute. Ms. Bramley-I appreciate the openness in terms of having him come on issues that are pertinent. I'm still a little confused about the part of the resolution that details things for him to do. . . Councilman Brewer-I think we should all take a look at that and discuss it at some workshop... Town Counsel and Town Board agreed. Councilman Martin-While you're up here, how's the Boomerang sound these days? Ms. Bramley-The Boomerang isn't running yet. It's the Bobsled. Ms. Linda McNulty, 14 Twicwood- The Boomerang was running one day this past weekend or Thursday or Friday, it was a day where I had a half a day at home to do some gardening, it was very loud still. Ms. Kathleen Salvador-I agree with Joanne, I think it's very important that Dr. Evans be here. I think it's important that he be here when you are doing separation distances and all. The EP A is having very strict standards on water now and I think you should adhere to whatever your code says about separation distances from septic systems and water wells, that's a very critical problem.... Also here, as representative of the Dunham's Bay Boat and Beach Club. Mr. Brower, have you received our attorney's letter on Dunham's Bay Boat and Beach Club? Supervisor Brower-They were going to try the dry hydrants? Ms. Salvador-Yes. Supervisor Brower-Matter of fact, I had a copy of that sent to Marv Lemery, our County Fire Coordinator. Ms. Salvador-Our attorney sent a letter to Joseph Hughes, the Warren County Supreme Court Clerk with copies to Mr. Brower and Michael White and different people. .. Read the following letter into the record: Since this office of this date has not been advised of the Judge to whom the above referenced case has been assigned, since Judge Moynihan's voluntary recusale, (we asked him to recuse himself) we request that this correspondence be provided to the appropriate Judge to whom this matter is now assigned. A small portion of the Dunham's Bay Boat and Beach Club handicap and emergency access facility which is not subject to the TR.O. issued by Judge Moynihan at the behest of the Lake George Park Commission has been completed. This portion consists of the dry hydrant installation which is to be made available for local fire and rescue operations. This is to advise both the court and the parties to the above referenced litigation that an onsite test to be conducted by local fire, safety and rescue providers of this completed installation shall be conducted on Thursday evening, July 13th at 7 p.m. At that time members of the North Queensbury Volunteer Fire Company shall test the dry hydrant portion of the facility. Equipment and cupling capability will be confirmed as well as the ability of the equipment to draft and to move water at designed pressures and flow rates. This notice is provided to the court in order to avoid any unnecessary interruption of the testing of this public safety facility. Completion for final approval by local safety entities of all aspects of the emergency access facility must await completion of the ramp portion which completion work remains enjoined by the order of Judge Moynihan. The North Queensbury Volunteer services are awaiting final completion before they can begin training and practice in launching and recovering their rescue boat and hover craft. When and if allowed to be completed by the court and the state, is intended that this facility would provide open and unimpaired access for local emergency agencies to better protect and serve the North Queensbury Community. We are hopeful that this facility will be allowed to be completed. The fact that it is held up now is a handicap for the handicapped. Supervisor Brower-Is the fire engine part of that? Ms. Salvador-It certainly is. Mr. Bob Schultz, Ridge Road-Noted, I'm here to respectfully request the Town Board to file a timely Notice of Appeal from Judge Moynihan's decision regarding Fuller Road. Not, for the purpose of keeping your options open but for the purpose of appealing forthrightly. Supervisor Brower-I don't think there's a distinction... If you file a Notice of Appeal, you have appealed. Mr. Schultz-I've reviewed Jack Lebowitz's brief and it was superb, addressed all the issues very well. Judge Moynihan was simply wrong. Judge Moynihan dismissed or granted the request and nullified your resolution.... The issues in the current case before Judge Moynihan were not encompassed in the earlier decision. Neither Judge Dier's decision nor the Appellate Division's decision addressed the single claim we came to court over which was the Town Board's lack of authority, constitutional authority to close the road.... This Town Board reversed the earlier Town Board's decision after Judge Muller appeared before this board... For Judge Moynihan to say that the issue was addressed by Judge Dier and the Appellate Division was wrong. You have an appealable decision. For this board to leave that decision undisturbed or for the Appellate Division, if you were to appeal and then the Appellate Division left that decision undisturbed, in other words, it didn't get to the merits of the matter then government here would have acquired or seized power from the people. That's tyranny and it can't be tolerated. Ms. Betty Monahan questioned what it cost the taxpayers of the Town of Queensbury for the last action? Supervisor Brower noted, to date the adjusted bill and there's another bill coming but the to date nine thousand eight hundred and fifty dollars. Ms. Monahan-As at taxpayer, I only want to say that I think my tax dollar could have been better spent. Mr. Lew Stone noted that a lot of good things have been said tonight on a variety of subjects and hope that the Town Board is listening.... Referred to earlier comments regarding enforcement in this town and noted that the has to enforce our laws, our site plans, our variances... Referred to the town's local law enforcement officer, Craig Brown and noted that he does a wonderful job but feels he's overworked... Encourage the town to hire someone else to do this kind of thing. .. Encourage the public, the community to report things that are seen. RESOLUTIONS 8:30 P.M. ORDER SETTING PUBLIC HEARING FOR PROPOSED EXTENSION NO.7 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT - -BA YBRIDGE HOMES DEVELOPMENT RESOLUTION NO.: 268, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Baybridge Homeowners Association (Baybridge) has asked the Queensbury Town Board to establish an extension to the Central Queensbury Quaker Road Sewer District to include the Baybridge Homes Development, to be known as Central Queensbury Quaker Road Sewer District Extension No.7, and WHEREAS, the Queensbury Town Board supports such an extension, and WHEREAS, a Map, Plan and Report has been prepared by Kevin L. Hastings, P.E., Consulting Engineer, licensed by the State of New York regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve the Baybridge Homes Development located along Bay Road, Queensbury, such area consisting of an area comprised of 14 attached Townhouses containing 64 dwelling units and 5 detached structures containing 5 dwelling units for a total community of 69 active units, with each unit privately owned and identified by individual tax numbers, along with other parcels bearing Tax Map No.'s: 61-2-13,61-2-999,61-1-47,61-2-102,61-1-41.3,60-2-54 and 61-1-42, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed sewer extension in accordance with Town Law Article l2A and consolidate the extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law ~206A, and WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall hold a public hearing and consider establishing the proposed extension to the Central Queensbury Quaker Road Sewer District previously described in this Resolution and to be known as the Central Queensbury Quaker Road Sewer District Extension NO.7. 2.The boundaries of the proposed extension and benefitted areas of the Central Queensbury Quaker Road Sewer District are to be as follows: Recorded in Book 675 Page 1020 - Text of GENERAL WARRANTY DEED THIS INDENTURE, made the 10th day of September, Nineteen Hundred Eighty-Five, between JOHN H. DOLON, JR., of 9531 Burwick, San Antonio, Texas, and MARTHA DORLON MITCHELL, of 23 Pinewood Hollow Road, Glens Falls, New York, parties of the First Part and VALENTE BUILDERS, INC., of Warren County, New York, Party of the Second Part, WITNESSETH, that Parties of the First Part, in consideration of One Dollar ($1.00) lawful money or the United States and other good and valuable consideration, paid by Party of the Second Part, do hereby grant and release unto Party of the Second Part, its successors and assigns forever, a tract ofland containing 56.10 acres, more or less, lying and being situate in the Town of Queensbury, in the County of Warren, and the State of New York, being more particularly described in Exhibit "A" and attached hereto and made a part hereoffor all purposes, being the same property deeded to John H. Dorlon by Warranty Deeds from Ambrose Genier dated June 14, 1971, and July 6, 1973, and respectively recorded in the Warren County Clerk" Office in Book 536, pages 228-229, and in Book 570, pages 11-13, of the Deed Records, save and except that portion thereof deeded to Warren County by Deed dated May 3, 1977 and recorded in the Warren County Clerk's Office in Book 606, page 689 of the Deed Records, the property hereby conveyed being devised to Parties of the First Part by John H. Dorlon, who died on January 11, 1981, by Will admitted to probate in the Warren County Surrogate's Court on January 15, 1981 and filed in the Warren County Clerk's Office in Book 654 at Page 834. This conveyance is made, however, subject to any and all easements, restrictions and other conditions, if any, Or record, including a Permanent Easement to Warren County, dated May 3, 1977, recorded in the Warren County Clerk's Office in Book 606, page 686, of the Deed Records, and to whatever an accurate survey of the parcel might reveal TOGETHER with the appurtenances and all the estate and rights. . . Recorded in Book 802 Page 340 - Text of GENERAL WARRANTY DEED THIS INDENTURE, made the 6th day of September, Nineteen Hundred Ninety, between JOHN H. DOLON, JR., of 9531 Burwick, San Antonio, Texas 78230, and MARTHA DORLON MITCHELL, of 23 Pinewood Hollow Road, Glens Falls, New York, Parties of the First Part and Daniel 1. Valente and Elizabeth M. Valente residing at 60 Sweet Road, Queensbury, New York, Parties of the Second Part, WITNESSETH, that Parties of the First Part, in consideration of One Dollar ($1.00) lawful money or the United States and other good and valuable consideration, paid by Parties of the Second Part, do hereby grant and release unto Parties of the Second Part, its successors and assigns forever, that certain parcel of land situate situate in the Town of Queensbury, Warren County, New York being part of Great Lots 38 and 32 of the First Division of the Queensbury Patent and located on the southerly side of Walker Lane in the Town, which parcel is bounded and described as follows: Beginning at a concrete monument set in the southerly boundary line of Walker Lane, which concrete monument is situate at a distance of 823.50 feet westerly from the westerly line of the premises conveyed by John H. Dorlon to the County of Warren for the widening of Bay Road by deed dated May 3, 1977 and recorded in the Warren County Clerk's Office on July 6, 1977 in Book 606 of Deeds at page 689, as measured along the southerly boundary line of Walker Lane, and which concrete monument is also the point of beginning for a warranty deed dated September 10, 1985 from John H. Dorlon, Jr., and Martha Dorlon Mitchell to Valente Builders, Inc., which deed was recorded in the Warren County Clerk's Office on October 29, 1985 in Book 675 of Deeds at Page 1020, running thence from the place of beginning the following courses and distances: 1 South 05056' 50" West, a distance of728.93 feet to a point marking the southwest corner of the lands herein conveyed and the southwest corner of land conveyed by William Aronson and Clara Aronson to John H. Dorlon by deed dated August 22, 1973 and recorded in the Warren County Clerk's Office on August 22, 1973 in Book 572 of Deeds at page 387 thence 2South 830 04' 20" East along the southerly boundary of the lands herein conveyed, a distance of 812.60 feet to the westerly boundary line of Bay Road thence 3North 06043' 20" East, a distance of773.04 feet to the northeasterly corner of the lands herein conveyed, also being the intersection of the Bay Road with Walker Lane; thence 4South 860 07' 10" East along the southerly boundary of Walker Lane, a distance of767.80 feet to a point thence 5South 86035' 10" East continuing along the southerly boundary of Walker Lane, a distance of 55.70 feet to the point and place of beginning Containing 14.10 acres of land, more or less The conveyance of the above-described land is subject to a permanent easement conveyed by John H. Dorlon to the County of Warren by deed dated May 3, 1977 and recorded in the Warren County Clerk's Office on July 6, 1977 in Book 606 of Deeds at page 686, containing 0.38 acres. The conveyance of the above-described land is further made subject to any and all easements, restrictions, and other conditions, if any, of record, and to which an accurate survey of the parcel may reveal. Also conveying all the right, title and interest of the parties of the first part in and to Walker Lane, a road adjoining the property conveyed above on the north, subject to right of way granted or reserved to various persons for the use thereof, specifically reserving to the parties of the first part the right to use the traveled portion of Walker Lane as an easement of ingress and egress to their other properties which lie adjacent to the north line of Walker Lane. The lands described and conveyed herein are shown on a map entitled, "Map of Lands to be conveyed by John H. Dorlon and Martha Dorlon Mitchell to Valente Builders, Inc.," and more particularly described as the Other Lands of Dorlon and Mitchell containing 14.10 acres, made by Coulter & McCormack, Licensed Land Surveyors, Glens Falls, New York, dated September 12, 1985 and filed in the Warren County Clerk's Office on October 29, 1985 in Plat Cabinet A, Slide 28. Being the same land conveyed by William Aronson and Clara Aronson, his wife, to John H. Dorlon by deed dated August 22, 1973 and recorded in the Warren County Clerk's Office on August 22, 1973 in Book 572 of Deeds at page 387; exempting therefrom that portion of the land conveyed by John H. Dorlon to the County of Warren by deed dated May 3, 1977 and recorded in the Warren County Clerk's Office on July 6, 1977 in book 606 of Deeds at page 689 for the purpose of widening the Bay Road, and also excepting therefrom that portion of the land subject to permanent easement conveyed by John H. Dorlon to the County of Warren by deed dated May 3, 1977 and recorded in the Warren County Clerk's Office on July 6, 1977 in Book 606 of Deeds at Page 686. John H. Dorlon died testate on January 11, 1981 domiciled in the County of Warren, State of New York, and his Last Will and Testament was admitted to probate in the Warren County Surrogate's Court on January 15, 1981 and thereafter recorded in the Warren County Clerk's Office on January 18, 1983 in Book 654 of Deeds at Page 834. The land above described was devised to John B. Dorlon, Jr., and Martha Dorlon Mitchell, the only son and only daughter of John H. Dorlon, respectively and paragraph "FOURTH" of the Last Will and Testament. 3. The proposed improvements shall be installed in three (3) phases as specifically delineated in the Map, Plan and Report prepared by Kevin L. Hastings, P.E. and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up. 4. All proposed construction shall be installed and paid for by the Baybridge Homeowner's Association and the Town of Queensbury as depicted in the Map, Plan and Report (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The maximum amount proposed to be expended for these improvements will be approximately $233,176, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow, which in this case would be $10,800. The improvement costs for the proposed extension shall be shared by Baybridge and the Town of Queensbury. The areas or properties that comprise the extension will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District. 6. The estimated cost of hook-up fees to the typical property will be $0. The estimated annual cost of the extension to the properties will be $297 and approximately $60 for sewer rents; the total estimated annual cost is $357. 7. In accordance with Town Law ~206-a, all future expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 8. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed are on file with the Town Clerk of the Town of Queensbury and available for public inspection. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, July 24th, 2000 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board will proceed with considering the extension and hold such public hearing only if Baybridge executes an agreement concerning the extension in a form acceptable to Town Counsel prior to such hearing. 11. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law ~209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 12. The Town of Queensbury Community Development Department is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 13. The Town Board hereby authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Town Board of the Town of Queensbury as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. Duly adopted this 10th day of July, 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. TO PREPARE FEASIBILITY STUDY FOR PROPOSED ROUTE 9 SEWER EXTENSION RESOLUTION NO.: 269, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Wastewater Director has obtained an engineering services proposal from C. T. Male Associates, P. C. for the preparation of a feasibility study for a sewer extension to serve the area of Route 9 from the Warren County Municipal Center south to the existing Central Queensbury Quaker Road Sewer District boundary approximately \12 mile north of Aviation Road, and WHEREAS, the Wastewater Director has recommended that the Town Board engage the engineering services of C.T. Male Associates, P.c., for an amount not to exceed $19,200 as delineated in C.T. Male's Proposal dated June 27, 2000 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of C.T. Male Associates, P. c., for the preparation of a feasibility study for a sewer extension to serve the area of Route 9 from the Warren County Municipal Center south to the existing Central Queensbury Quaker Road Sewer District boundary approximately \12 mile north of Aviation Road for an amount not to exceed $19,200 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director 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 10th day of July, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHAZEN ENGINEERING AND LAND SURVEYING, INC. TO PERFORM SOUND ANALYSIS IN TWICWOOD NEIGHBORHOOD, QUEENSBURY RESOLUTION NO: 270, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Executive Director of Community Development has obtained an engineering services proposal from Chazen Engineering and Land Surveying, Inc. (Chazen) to perform an analysis of sound levels at residential receptors in the Twicwood neighborhood, which analysis would establish baseline sound levels so that the Town may work with noise generators to reduce such levels and which analysis would also provide the Town with additional information to assist in developing noise standards for the Town's Zoning Ordinance, and WHEREAS, the Executive Director has recommended that the Town Board engage the engineering services of Chazen for an amount not to exceed $1,600 as delineated in Chazen's Proposal dated June 15, 2000 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Chazen Engineering and Land Surveying, Inc., to perform an analysis of sound levels at residential receptors in the Twicwood neighborhood, Queensbury for an amount not to exceed $1,600 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development 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 10th day of July, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER ASSOCIATES FOR SITE DESIGN SERVICES CONCERNING PROPOSED CONSTRUCTION OF SIDEWALKS ALONG BURKE DRIVE RESOLUTION NO.: 271, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to make arrangements for the construction of sidewalks along Burke Drive in the Town, and WHEREAS, the Town's Executive Director of Community Development has received a proposal from Miller Associates for site design services concerning the proposed sidewalk construction project, and WHEREAS, Miller Associates has offered to provide the site design services for an amount not to exceed $4,250 plus printing costs as delineated in its proposal dated July 6, 2000 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Miller Associates to provide site design services concerning the proposed construction of sidewalks along Burke Drive, Queensbury for an amount not to exceed $4,250 plus printing costs as delineated in Miller Associates' July 6th, 2000 proposal, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development 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 10th day of July, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES Mr. Turner ABSENT: None DISCUSSION BEFORE VOTE: Councilman Turner-I don't have a problem with the sidewalks but I do have a problem with consideration of lights, plantings, curbs that are probably part of this proposal. Town Board held discussion, agreed to move forward with this resolution and discuss further in detail at the next workshop the lights, plantings and curbs. .. vote taken. RESOLUTION AUTHORIZING TOWN HIGHWAY DEPARTMENT TO CONSTRUCT SIDEWALKS ALONG BURKE DRIVE RESOLUTION NO.: 272, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to make arrangements for the construction of sidewalks along Burke Drive in the Town, and WHEREAS, the Town has received and reviewed plans and material requirements prepared by Miller Associates for the proposed sidewalk construction project, and WHEREAS, the Town Highway Superintendent has advised the Town Board that the Highway Department is prepared to construct the sidewalks in accordance with the prepared plans for an amount not to exceed $35,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Department to construct sidewalks along Burke Drive in the Town for an amount not to exceed $35,000 to be paid for from the appropriate account with authorization for transfer from the account mentioned, Account No.: 01- 5410-4400, as needed to cover approved invoices, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Highway Superintendent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None DISCUSSION BEFORE VOTE: Comptroller Hess recommended amendment in the first Resolved, board agreed. RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR ADIRONDACK NORTH COUNTRY COMMUNITY ENHANCEMENT PROGRAM FUNDS THROUGH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL RESOLUTION NO.: 273, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Senior Planner has advised the Town Board that the New York State Division of Housing and Community Renewal is now accepting applications from eligible communities to compete for Adirondack North Country Community Enhancement Program funds, and WHEREAS, the Town Board wishes to authorize submission of its application for the Adirondack North Country Community Enhancement Program funds, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs submission of the Town of Queensbury's application for Adirondack North Country Community Enhancement Program funds through the New York State Division of Housing and Community Renewal, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the application and any necessary documents in connection with the submission and further authorizes and directs the Town Supervisor and/or Community Development Department to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of July, 2000 by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF ADDITION TO WATER DEPARTMENT MAINTENANCE BUILDING RESOLUTION NO.: 274, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Town Board Resolution No.: 315.99 the Town Board authorized engagement of Paul Cushing to provide engineering services in connection with the addition to the Town Water Department's Maintenance Building, and WHEREAS, Paul Cushing has presented the Town's Water Superintendent and Purchasing Director with bid documents and specifications to advertise for bids for construction of the Maintenance Building, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Director to publish an advertisement for bids for the construction of an addition to the Water Department's Maintenance Building located at 823 Corinth Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Director to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AWARDING BID FOR PURCHASE OF DUCTILE IRON PIPE FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 275, 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 ductile iron pipe for use by the Town's Water Department, and WHEREAS, Atlantic States Pipe submitted the lowest responsible bid in the amount of $21,505 for the ductile iron pipe and therefore the Purchasing Director and Water Superintendent have recommended that the Town Board award the respective bids to Atlantic States Pipe, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for ductile iron pipe to Atlantic States Pipe for the amount of $21,505 to be paid for from the appropriate account(s). Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR ONE (1) FERMEC TRACTOR LOADER/BACKHOE FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 276, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he wishes to purchase one (1) Fermec Tractor LoaderlBackhoe for use by the Town Highway Department, and WHEREAS, New York State Bidding is not required as the purchased is under New York State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) Fermec Tractor LoaderlBackhoe for use by the Town Highway Department for an amount not to exceed $48,371 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Purchasing Director and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR ONE (1) UNILOADER SKID STEER AND BACKHOE ATTACHMENT FOR USE BY TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 277, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Cemetery Superintendent has advised the Town Board that he wishes to purchase one (1) Uniloader Skid Steer and Backhoe attachment for use by the Town Cemetery Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract Group #40604, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Superintendent's purchase of one (1) Uniloader Skid Steer and Backhoe attachment for use by the Town Cemetery Department for an amount not to exceed $29,855 from Anderson Equipment Company to be paid for from the Cemetery Equipment Reserve Fund No.: 103, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, Purchasing Director and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR LAWN MOWER FOR USE BY TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 278, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Cemetery Superintendent solicited proposals for the purchase of a lawn mower for use by the Cemetery Department and has recommended that the Town Board authorize him to purchase the mower from All In One Services in South Glens Falls for an amount not to exceed $9,024 with $4,716 of the purchase price to be applied to December 1999 Purchase Order No.: 991179 and $4,308 of the amount to be paid from a Year 2000 Purchase Order, and WHEREAS, the Town Comptroller has reviewed the information received by the Cemetery Superintendent and concurs with his recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Department's purchase of one (1) Hustler Excell 25lK Lawn Mower with accessories and attachments for an amount not to exceed $9,024 from All In One Services in South Glens Falls to be paid for from a Year 2000 Purchase Orderfor the amount of $4,308 from Account No.: 002-8810-2001 and the balance of the purchase price, $4,716, to be applied against 1999 Purchase Order No.: 991179, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, Town Comptroller and/or Purchasing Director to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 279, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to authorize fund transfers for the 2000 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: BOARD OF HEALTH: FROM: TO: $ AMOUNT: 01-1990-4400 01-4010-4455 1,500. (Contingency) (Health Officer) COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8030-4400 01-8010-4400 2,050. (C Res./Misc. Contractual) (Zoning/Misc. Contractual) WATER: FROM: TO: $ AMOUNT: 40-8340-2899 40-9950-9000 250,000. (Trans & Dist. Cap. Const.) (Transfer to Cap. Proj.) Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING MEMBERS TO DEFERRED COMPENSATION PLAN COMMITTEE RESOLUTION NO.: 280, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 515.94, the Queensbury Town Board elected to participate in a Deferred Compensation Plan for its employees and appointed ITT Hartford as the administrator of the Plan, and WHEREAS, a Deferred Compensation Committee consisting of Town employees was organized in 1994 to evaluate the proposals and make recommendations to the Town Board on any proposed changes to the Deferred Compensation Plan, and WHEREAS, the membership of the Deferred Compensation Committee was last established by Resolution No. 56, 98, and WHEREAS, since that time some of the employees on the Deferred Compensation Committee have left employment of the Town and the Town Board of the Town of Queensbury wishes to appoint and/or re-appoint members to the Deferred Compensation Committee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints the following Town employees to the five (5) member Deferred Compensation Committee: 1. Dennis Brower, Town Supervisor; 2. Henry Hess, Town Comptroller; 3. Bruce Ostrander, Town Water Department; 4. Maria Gagliardi, Community Development Department; and 5. Pamela Martin, Town Counsel's Office; and BE IT FURTHER, RESOLVED, that the Committee members shall serve on the Committee until 1) his or her employment with the Town is terminated, 2) a replacement is appointed, or 3) the Committee is disbanded. Duly adopted this 10th day of July, 2000, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Turner NOES : None ABSENT: None ABSTAIN: Mr. Martin, Mr. Brower RESOLUTION TO AMEND AND RESTATE DEFERRED COMPENSATION PLAN FOR TOWN OF QUEENSBURYEMPLOYEES RESOLUTION NO.: 281,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the New York State Deferred Compensation Board (Board), in accordance with New York State Finance Law Section 5 (Section 5) and the Regulations of the New York State Deferred Compensation Board (Regulations) has promulgated the Model Deferred Compensation Plan for Employees of Local Employers (Model Plan) and offers the Model Plan for adoption by local employers, and WHEREAS, the Town of Queensbury, in accordance with Section 5 and the Regulations, has adopted and currently administers the Deferred Compensation Plan for its employees, and WHEREAS, effective January 1, 2000, the Board amended the Model Plan to include modifications required by the U.S. Department of Treasury Internal Revenue Service (Internal Revenue Service) in conjunction with a favorable letter ruling that it issued concerning the status of the Model Plan as an "eligible deferred compensation plan" under Internal Revenue Code ~457(b) and to permit participants who elect to receive benefit distributions in the form of a larger initial distribution followed by smaller installment payments to delay the commencement of installment payments for a period of just less than two years from the payment of the initial distribution, and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and WHEREAS, upon due deliberation, the Town of Queensbury has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Town of Queensbury Employees by adopting the amended and restated Model Plan, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Deferred Compensation Plan for its Employees by adopting the amended and restated Model Plan in the form attached to this Resolution as Exhibit A, and BE IT FURTHER, RESOLVED, that the amendments to the Deferred Compensation Plan shall be effective January 1,2000 and this date shall be the "effective date" inserted at page 4 of Exhibit A. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE AGREEMENT WITH WARREN COUNTY REGARDING TURNOVER OF TOWN OF QUEENSBURY WORKERS' COMPENSATION CLAIMS PRE-DATING JANUARY 1ST, 2000 RESOLUTION NO.: 282, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on January 1st, 2000, the Town of Queensbury changed workers compensation insurance plans and is no longer a participant in the Warren County Self-Insurance Program (Warren County), and WHEREAS, Warren County has been administering and paying obligations on old workers' compensation claims since January 1st, 2000, and WHEREAS, the Town of Queensbury wishes to assume future liability for the Town's workers compensation claims incurred while participating in the Warren County Self-Insurance Program less the remaining balance of the Town's Contributed Reserve with Warren County, and WHEREAS, as authorized by Resolution No.: 208.2000, the Town of Queensbury engaged the services of Cool Risk Management Services (Cool) to provide third-party claims management services for these workers' compensation claims, and WHEREAS, the Town of Queensbury and Warren County, each with the assistance of counsel, have drafted an agreement which is attached to this Resolution as Exhibit A, setting forth the rights and responsibilities of each in conjunction with the turnover of old workers' compensation claims, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute an agreement with Warren County substantially in the form attached as Exhibit A, and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AMENDING 2000 TOWN BUDGET AND INCREASING APPROPRIATIONS AND APPROPRIATED FUND BALANCE IN EMERGENCY SERVICES FUNDS RESOLUTION NO.: 283, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, on January 1st, 2000, the Town of Queensbury began insuring its Workers' Compensation risk with the State Insurance Fund through Municipalities Safety Group 497 which State Fund policies run on a July 1st to June 30th fiscal year and therefore the Town's initial policy was "short rated" for six months, and WHEREAS, the Town Comptroller has advised that the Town is processing its renewal policies to be paid on an installment basis with 25% down in July and the balance due over the next nine months and therefore it will be necessary to make premium payments during the year 2000 that will exceed the actual cost of coverage for the calendar year ("Year 2000 Workers' Compensation Premium") but which would be an asset at year end, and WHEREAS, the Town Comptroller has also advised that the Town had budgeted workers' compensation claims based on Warren County's cost allocation and the actual Town-wide workers' compensation expense will actually be $90,046 less than this cost; however, the allocation will be different and therefore interfund budget transfers are needed in the Town's General Fund and Central Queensbury Quaker Road Sewer District to allow for the payment schedule and allocation differences, and WHEREAS, the Town Comptroller has further advised that the Town's Emergency Services Funds were significantly under-budgeted and other appropriations are insufficient to allow for these necessary interfund transfers and therefore, additional appropriations will be needed to cover the Year 2000 Workers' Compensation Premium payments, and WHEREAS, the Town Comptroller has advised that the New York State Retirement Fund was over-budgeted and that the Town's obligations for New York State Retirement have been met, and WHEREAS, the Town Board wishes to authorize the necessary budget transfers, amendments and increasing of appropriations in the appropriate accounts as recommended by the Town Comptroller in his June 23rd, 2000 Memorandum to the Town Board to fund the Year 2000 Workers' Compensation Premiums, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: COMPTROLLER: FROM: TO: $ AMOUNT: 032-9010-8010 (NYS Retirement) 032-9040-8040 (Workers' Comp.) 260. 01-1910-4200 (Unallocated Ins) 01-9040-8040 (Workers' Comp.) 13,000. 01-9010-8010 (NYS Retirement) 01-9040-8040 (Workers' Comp.) 14,500. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to increase appropriations in Fund 005 as follows: Fire: Budgeted $34,584 Transferred from other Fire appropriations 5,000 Actual Year 2000 Premium Payments 81,306 Other Year 2000 Workers' Compo Expenses 3,000 Additional Appropriation Authorized to Account #005-9040-8040-4980: $42,800 EMS: Budgeted $ 0 Transferred from other EMS appropriations 15,000 Actual Year 2000 Premium Payments 29,931 Other Year 2000 Workers' Compo Expenses 1,100 Additional Appropriation Authorized to Account #005-9040-8040-4981: $16,100 which total additional appropriation of $58,900 will reduce the Emergency Services 005 Fund Balance which was $262,119 at December 31,1999, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Comptroller's Office to take such other and further action necessary to fund the Year 2000 Workers' Compensation Premium payments and effectuate the terms and provisions of this Resolution. Duly adopted this 10th day of July, 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 PROPOSED LOCAL LAW NO.: _ OF 2000 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED, "TERMS OF OFFICE FOR TOWN BOARD MEMBERS OTHER THAN TOWN SUPERVISOR" RESOLUTION NO.: 284, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, at this meeting there has been presented for adoption by the Queensbury Town Board a draft Local Law No.: _ of 2000 to amend the Queensbury Town Code by adding a new Chapter _ entitled, "Terms of Office for Town Board Members Other Than Town Supervisor," which Chapter shall provide for the extension of terms of office for Queensbury Town Board members other than the Town Supervisor from two (2) years in duration to four (4) years in duration, and WHEREAS, such legislation is authorized in accordance with New York State Municipal Home Rule Law ~ 10 and is subject to a mandatory referendum in accordance with Municipal Home Rule Law ~23,and WHEREAS, prior to adoption of the Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on July 24th, 2000 to consider proposed Local Law No.: _ of 2000, hear all interested persons and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the attached Notice of Public Hearing as required by law. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT None Supervisor Brower pulled resolution 5.18 from the agenda, a similar resolution for the Town Supervisor term of office. It's come to my attention by our attorneys that the law is very specific in stating that a resolution of this type, a public hearing or a resolution of this type can not occur until next year, the same year as the normal election. (Councilman Brewer temporarily left meeting room) RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: _ OF 2000 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED, "TERM OF OFFICE FOR TOWN CLERK" RESOLUTION NO.: 285, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, at this meeting there has been presented for adoption by the Queensbury Town Board a draft Local Law No.: _ of 2000 to amend the Queensbury Town Code by adding a new Chapter _ entitled, "Term of Office for Town Clerk," which Chapter shall provide for the extension of the term of office for the Queensbury Town Clerk from two (2) years in duration to four (4) years in duration, and WHEREAS, such legislation is authorized in accordance with New York State Municipal Home Rule Law ~ 10 and is subject to a mandatory referendum in accordance with Municipal Home Rule Law ~23,and WHEREAS, prior to adoption of the Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on July 24th, 2000 to consider proposed Local Law No.: _ of 2000, hear all persons interested and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the attached Notice of Public Hearing as required by law. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: _ OF 2000 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED, "TERM OF OFFICE FOR TOWN HIGHWAY SUPERINTENDENT" RESOLUTION NO.: 286,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, at this meeting there has been presented for adoption by the Queensbury Town Board a draft Local Law No.: _ of 2000 to amend the Queensbury Town Code by adding a new Chapter _ entitled, "Term of Office for Town Highway Superintendent," which Chapter shall provide for the extension of the term of office for the Queensbury Town Highway Superintendent from two (2) years in duration to four (4) years in duration, and WHEREAS, such legislation is authorized in accordance with New York State Municipal Home Rule Law ~ 10 and is subject to a mandatory referendum in accordance with Municipal Home Rule Law ~23,and WHEREAS, prior to adoption of the Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on July 24th, 2000 to consider proposed Local Law No.: _ of 2000, hear all persons interested and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the attached Notice of Public Hearing as required by law. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT Mr. Brewer RESOLUTION REFERRING APPLICATION FOR MOBILE HOME PARK EXPANSION FOR QUEENSBURY VILLAGE MOBILE HOME PARK TO TOWN PLANNING BOARD FOR REVIEW/RECOMMENDATION RESOLUTION NO.: 287, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously approved the Queensbury Village Mobile Home Park located on Petrie Lane off Warren Lane, Queensbury and owned by Sam Walmon (Owner), and WHEREAS, the Owner has applied for a modification to the existing plan as the Owner proposes to expand the existing 49 lot mobile home park by four (4) lots for a total of 53 lots, and in accordance with Town Code ~113-23 and ~113-l7, any modification to an existing Mobile Home Park first requires referral by the Town Board to the Town Planning Board for site plan review before the Town Board may approve the modification, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the application for a mobile home park expansion of Queensbury Village Mobile Home Park to the Queensbury Planning Board for report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines that this proposed action is subject to SEQRA review and the Town Board wishes to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Executive Director of Community Development to forward copies of the application, environmental assessment form and the Town Board's intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION ACCEPTING DEDICATION OF HIGHPOINTE DRIVE AND PORTION OF BIRDSALL ROAD RESOLUTION NO.: 288,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Guido Passarelli has offered a deed to dedicate Highpointe Drive and a portion of Birdsall Road to the Town of Queensbury as more particularly shown on the subdivision map prepared by VanDusen & Steves Surveyors dated 9/29/93 and presented at this meeting, and WHEREAS, the Town Highway Superintendent has recommended acceptance of the roads, and WHEREAS, the Town Water Superintendent has also advised that installation of water mains and appurtenances on Highpointe Drive have been made in accordance with Town of Queensbury Water Department's requirements, and WHEREAS, the form of the deeds and title to the roads offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deeds for the dedication of Highpointe Drive and portion of Birdsall Road, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the roads be added to the official inventory of Town Highways to be described as follows: Name: Highpointe Drive Road Number: 523 Description:Beginning at Birdsall Road and continuing in a southerly direction a distance of 1,865' and .35 of a mile and ending at a cuI-de sac. Feet: 1,865' and .35 of a mile Name: Portion of Birdsall Road Road Number: 231 Description: Beginning at Round Pond Road and ending at Highpointe Drive Feet: Duly adopted this 10th day of July, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT: Mr. Brewer TOWN COUNCILMEN'S CONCERNS 8:53 P.M. Supervisor Brower spoke regarding the need for the Pine View Cemetery Commission to sign an agreement with SCI Corporation in order to bring in additional revenue to our cemetery and crematorium business. . . . Noted that it would require the approval of the three members on the Cemetery Commission to approve the signing of such a contract. . . (Councilman Brewer returned to meeting room) Mr. Hess, Comptroller gave update to the Town Board regarding the following: The CIP, the Capital Improvement Projects program; the 1999 Queensbury Financial Report which is on file with the Town Clerk who has posted it by required advertisement and is available to the public and is also posted on the Town Comptroller's web pages on the town's web site; 2000 budget and budget process. Councilman Brewer noted that he's happy about the Symphony funding. Supervisor Brower noted that there mayor may not be an event this fall, a lot depends on West Mountain but if there is an event the town is prepared to contribute toward the Symphony's Orchestra's Concert at West Mountain. Councilman Stec referred to the drainage issue on Gurney Lane and recommended that the town give these people a written response explaining the town's position in order to give them a sense of closure... Questioned the status of the Sidewalk Policy? Counsel Hafner noted, that is done and if you haven't gotten that today, you will get it tomorrow... after discussions with Chris Round, we were proposing to have a resolution for the 24th to set the public hearing which should give you time for your comments. Councilman Stec noted that he's received complaints regarding the traffic light on Aviation Road in front of the school... Spoke with Chuck Rice and it was our thought to give the operations control to the school to allow them to regulate in order to coincide with school events. .. would like to pursue that. Counsel Hafner noted that he would research and get back to the board. Councilman Stec questioned Supervisor Brower as to the status of the sewer negotiations with Glens Falls? Supervisor Brower noted that the town has an agreement on the South Queensbury Sewer, new sewer district. . . Councilman Turner requested some engineering to attack the issue of Assembly Point Road, we need to get it done... Mr. Round, Executive Director noted that he has contacted the Lake George Association to confirm that they would participate in funding that and they have, they've indicated that. We've yet to develop an RFP. .. My last conversation, I thought there was going to be a site visit conducted with the Highway Department and with Tom Jarrett but that's not the case? Councilman Martin-No, I thought we were going to get an RFP done and get those responses back... I was there Saturday and the road is crumbling on one shoulder through that area, the lake side shoulder. . .. Rick has been up to see it too and expressed the same concern to me. .. Hopeful that next meeting we would have a resolution of hire. Mr. Round, Executive Director-I haven't prepared a scope for an RFP but I'll work with the Highway Department in the next couple of weeks and we'll get something out and keep you inform of what that schedule will be once we know. . . Supervisor Brower-Are we going to use our town engineer on that? Town Board held discussion and agreed with that recommendation. Councilman Martin reported to the board that he had a meeting with the Assembly Point Association, the principal issue in their minds is the Warren County Sewer Project... They seem to hone in on this idea of a management district, the possibility of something short of a large municipal conventional sewer system... district would pay for several trucks, the upkeep and repair of existing onsite septic systems... Would like that explored and the options that are going to be explored in the new Environmental Impact Statement... Supervisor Brower noted, the County did win the lawsuit, on an appeal which means we can begin almost immediately with remediation efforts with the Lake George Sewer Plant, the Bolton Sewer Plant and the Hague Sewer Plant and address some of the most densely populated areas of the lake which should have a major impact on the quality of the lake in the future. Councilman Brewer noted that he spoke with Tom Nace and Rick Missita, and that we're going to do dye tests in Queensbury Forest this week... Report back to the city, get something signed from them and then proceed... Hopefully a fall construction for that. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 289,2000 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 the Fuller Road and possibility of an appeal. Duly adopted this 10th day of July, 2000, by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION AND THE TOWN BOARD REGULAR MEETING RESOLUTION NO.: 290,00 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session and enters Regular Session, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board meeting. Duly adopted this 10th day of July, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY