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2000-10-02 REGULAR TOWN BOARD MEETING OCTOBER 2, 2000 7:03 P.M. Mtg #41 Res. # 390-397 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Ralph VanDusen, Water and Wastewater Superintendent Rick Missita, Highway Superintendent Mike Travis, Deputy Highway Superintendent Henry Hess, Comptroller Chris Round, Executive Director of Community Development PRESS: Glens Falls Post Star Supervisor Brower called meeting to order. . . Pledge of Allegiance led by Supervisor Dennis Brower Correspondence Deputy Town Clerk Barber read the following letter into the record: Dear Queensbury Town Clerk, Three to four yeas ago street lights were installed along Peggy Ann Road for the entire length at each intersection except for two streets. Foxhurst and Treehouse. I personally live on the corner of Peggy Ann and Foxhurst and at night it is pitch black. We have had no problems as yet, but it is a sure ideal invitation due to the darkness for a problem to occur. It is also very difficult to see the side street for people who may be looking for the street sign and more importantly we have young teenage children who live on Foxhurst Street and should be considered a safety factor for them as well as the adults who live in the area. I formerly request a consideration that these two intersections be lighted as the rest of Peggy Ann Road is, so the residents can feel comfortable traveling or walking in their neighborhood in a safe and well lit area. Sincerely, Donald E. Hughes (letter on file in the Clerk's Office) Open Forum 7:05 p.m. Mr. John Salvador referred to the Baybrook Apartment Development, noted that he has researched more of the background and believes that there may have been an improper procedure followed during the permitting process. .. The town granted a variance to a slope requirement and in that process there was no limit on the variance, no definition of the variance, the town did not define the boundaries of the variance. . . The resolution that was adopted by the Town Board specifically stated that this variance is granted on the expressed condition that the applicant file an annual report prepared by a qualified licensed engineer with the town describing the operation of the sewage system. I inquired at the Town Clerk's Office, no report on file, visited the Planning Department and I couldn't find anything there. .. Is there such a procedure in town? Supervisor Brower-We did have a report, and actually because of your complaint, we had an engineer check out the facility and they gave us a written report stating that the situation was in compliance. The particular engineer built the system and he felt that it was functioning properly. So, we did get a report although it wasn't official and I don't think it was filed with the Town Clerk but I also was not aware of the fact that the resolution stated he should do this annually. Mr. Salvador noted, this public Board of Health has issued a variance which I think should be questioned. Mrs. Kathleen Salvador-Just to follow up where John left off, I believe he asked you if a report had ever been filed on an annual basis the way that it was supposed to be. I believe if you read the minutes when this resolution was passed the engineer at that time said that that would not be a problem because they have to file a report annually to the AP A because of the Speedies Permit and at the same time the report could go to the town. So, I don't know if that has been done other then your unofficial report that you've gotten. This situation is very severe, I think when you go through another winter with that mound system, fill system, whatever kind of system you might call it, I think you're going to see a very severe problem. I think you're going to see a blowout and I think you're going to see a lot of problems in there. We have a mound system. The only reason our mound system works, is that we are seasonal and only twenty-four of our units on a seasonal basis go into that. That's twenty-four bathrooms, not forty-eight bedrooms as you have over there in those different buildings. So, just be prepared next spring. Supervisor Brower-You said forty-eight bedrooms may not be forty-eight bathrooms. Mrs. Salvador-No, it could be twenty-four but that's year round and it's kitchens and it's washing machines and it's dishwashers. Ours' is a bathroom, nothing else. Five months of the year, not even six months of the year. This should go on the record. Mr. Pliney Tucker, 41 Division Road referred to the public hearing scheduled next Tuesday for the library and requested notices be placed in the paper Monday and Tuesday for this meeting. .. Questioned whether the board would entertain hiring a consultant to give a preliminary cost of doing our own library? Town Board held discussion, agreed that they're not interested in hiring a consultant. Open Forum Closed 7:23 p.m. Resolutions RESOLUTION SETTING PUBLIC HEARING CONCERNING CONSTRUCTION OF LOW LIFT PUMP REPLACEMENTS AT TOWN WATER DEPARTMENT RESOLUTION NO.: 390, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 322.2000, the Queensbury Town Board authorized the advertisement for bids for the construction of low lift pump replacements at the Town's Water Treatment Plant, Queensbury, and WHEREAS, the Town's Purchasing Agent duly advertised for bids for the construction work, and WHEREAS, the Town's Water Superintendent and O'Brien & Gere Engineers, Inc., the engineers providing services to the Town in connection with the project, have reviewed all bids received and recommended that the Town Board award the bid for the general contract to the lowest responsible bidder, U.W. Marx, Inc., for an amount not to exceed $324,950 and the Town's Purchasing Agent concurs with the bid award recommendation, and WHEREAS, the Town Board feels that it is in the public interest to construct the low lift pump replacements and therefore wishes to set a public hearing concerning the proposed construction project and expenditure of funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on October 16th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the construction of low lift pump replacements at the Town of Queensbury Water Treatment Plant, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the hearing date. Duly adopted this 2nd day of October, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN CONTRACT COST AND PAYMENT TO TKC CONTRACTORS IN CONNECTION WITH CONSTRUCTION OF RIVER STREET TRANSMISSION MAIN FOR PROVISION OF WATER TO VILLAGE OF HUDSON FALLS RESOLUTION NO.: 391,2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 152,2000, the Queensbury Town Board authorized engagement ofTKC 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, and WHEREAS, by such Resolution the Town Board also authorized and directed the Town Water Superintendent to execute any Change Orders relating to the project totaling less than $5,000, and WHEREAS, the Water Superintendent has advised the Town Board that he has executed Change Order No. 1 and Change Order NO.2 in connection with the Project, incurring additional expenses totaling $1,894.57, for a new total Contract amount of $123,144.57, and WHEREAS, the Town Board wishes to authorize the $1,894.57 increase in the total Contract cost, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the increase in spending for work required under Contract NO.1 - River Street Transmission Main in the amount of $1,894.57 for a new total Contract amount of $123,144.57 payable to TKC Contractors, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to amend the 2000 Town Budget, transfer funds and/or take any action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of October, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT: None RESOLUTION AUTHORIZING COOL INSURING AGENCY, INC. TO INSURE THE TOWN OF QUEENSBURY'S NEW YORK STATE DISABILITY COVERAGE WITH SECURITY MUTUAL INSURANCE COMPANY RESOLUTION NO.: 392,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Cool Insuring Agency, Inc. (Cool) is the Town of Queensbury's general insurance agent as well as its agent for Disability coverage, and WHEREAS, Cool has advised the Town Comptroller that the Town's current insurer for its New York State Disability Coverage requested a rate increase and therefore, Cool solicited for quotations from other insurers for the Town's New York State Disability Coverage, and WHEREAS, Cool has further advised the Town Comptroller that the lowest responsible bidder is Security Mutual Insurance Company, at the rate of .60 per $100 of applicable payroll, and WHEREAS, the Town Comptroller recommends that the Town Board authorize the insuring of the Town's NYS Disability coverage with Security Mutual Insurance Company effective October 1st, 2000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Cool Insuring Agency, Inc. to insure the Town of Queensbury's New York State Disability coverage with Security Mutual Insurance Company effective October 1st, 2000 at the rate of .60 per $100 of applicable payroll, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or Town Supervisor to execute any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of October, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING COOL INSURING AGENCY, INC. TO CANCEL TOWN OF QUEENSBURY'S EXISTING INSURANCE POLICIES WITH RELIANCE INSURANCE CO. AND PURCHASING SIMILAR COVERAGES FROM ZURICH INSURANCE CO. RESOLUTION NO.: 393, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Cool Insuring Agency, Inc. (Cool) is the Town of Queensbury's general insurance agent, and Confirm, Inc is retained as a risk management consultant, and WHEREAS, Cool & Confirm have advised the Town Comptroller that Reliance Insurance Company (Reliance), the Town's current insurer of its liability and casualty risks, is deteriorating financially and therefore recommends that Town cancel its policies coverage with Reliance before their expiration and as soon as possible, and WHEREAS, Cool solicited proposals from other insurance companies for coverage to be virtually identical to the coverages currently being provided by Reliance, and WHEREAS the proposal from Zurich American Insurance Company (Zurich) offers the most cost competitive coverage with first year premiums totaling $202,893 as detailed in the proposal submitted by Cool, for the same coverage as the Town has with Reliance except that deductibles on automobile physical damage coverage will increase from $100 Comp/$500 Collision to $500/Comp/$1,000 Collision, and WHEREAS Zurich is rated A+ (Superior) by AM. Best, and changing coverage from Reliance to Zurich as quickly as possible is recommended by Cool and Confirm, and WHEREAS, the Town Comptroller concurs with their recommendations and proposes that the Town Board authorize Cool to cancel the Town's insurance policies with Reliance and purchase similar insurance coverages with Zurich, such coverages to commence October 1st, 2000 and continue through December 31st, 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Cool Insuring Agency, Inc. to cancel the Town of Queensbury's existing insurance policies with Reliance Insurance Company and purchase similar insurance coverages with Zurich Insurance Company commencing October 1st, 2000 through December 31st, 2001, with first year premiums of $202,893 (subject to audit), and to apply to Reliance for refund of unearned premiums without penalty for early cancellation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or Town Supervisor to execute any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of October, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING REPLACEMENT OF WATER MAINS IN THE VICINITY OF GREENWAY DRIVE, CARL TON DRIVE, GREENWAY NORTH AND GLENDALE DRIVE RESOLUTION NO.: 394, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 368.2000, the Queensbury Town Board authorized the advertisement for bids for the replacement/installation of water mains in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive in the Town of Queensbury, and WHEREAS, the Town's Purchasing Agent duly advertised for bids for the construction work, with bids to be received and opened on October 2nd, 2000, and WHEREAS, the Town's Water Superintendent and C. T. Male Associates, the engineers providing services to the Town in connection with the project, will review all received bids and make a recommendation to the Town Board concerning the bid award for the general contract to the lowest responsible bidder, and WHEREAS, the Town Board feels that it is in the public interest to replace the water mains and therefore wishes to set a public hearing concerning the proposed construction project and expenditure of unappropriated funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on October 16th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens relative to establishing a capital project to install water mains in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive, Queensbury and the proposed method for funding the project, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the hearing date. Duly adopted this 2nd day of October, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND AMENDING ZONING ORDINANCE TO APPROVE THE MEADOWS PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 395, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, on or about January 20,2000, Queensbury Partners L.P., submitted a letter of intent together with an Environmental Assessment Form with exhibits and requested that certain parcels of land bearing Tax Map Number: 60.-2-5 & 10 [since submission it has been noted by Town staff that no parcel with Tax Map Number 60. -2-10 exists], located in the vicinity of Cronin Road, be designated a Planned Unit Development, to be known as The Meadows PUD (hereinafter referred to as the "Planned Unit Development"), in accordance with, and by virtue of, the provisions of Article 8 of the Zoning Laws of the Town of Queensbury, the same being a part of Chapter 179 of the Code of the Town of Queensbury, and WHEREAS, the proposal presented requested that the Queensbury Town Board legislate and rezone the area to allow the establishment of a Planned Unit Development which would generally consist of a total parcel area of 97.34 acres with a development project area of 27.1 acres with a maximum of ninety-six (96) units of "Senior Housing" plus a one unit manager/officer's residence on 9.0 acres, relocated driving range on 2.1 acres, lands proposed to be dedicated to the Town of 4.0 acres, and remaining undeveloped areas consisting generally of approximately 70.2 acres to be set aside for conservation, recreation, and stream and wetland buffer areas, and WHEREAS, on or about January 24th, 2000, the Town Board adopted a Resolution authorizing submission of the PUD application to the Town's Planning Board for report and recommendation, indicating its wish to be Lead Agency for SEQRA purposes and authorizing notification of all other involved agencies that the letter of intent and application for the Planned Unit Development had been made, and WHEREAS, on or about February 15th, 2000, the Town of Queensbury Planning Board reviewed the proposed Sketch Plan for the ninety-six (96) Unit "Senior Housing" development, plus a one unit manager/officer's residence, found that the Plan meets the objectives ofPUD's as outlined in Town Code ~ 179-57C( 4) and adopted a Resolution recommending a favorable report of the PUD to the Town Board, and WHEREAS, the Warren County Planning Board was unable to obtain a quorum at its February 9th, 2000 meeting at which this project was to be considered and therefore, in accordance with General Municipal Law, the Board's failure to take action within 30 days resulted in the Warren County Planning Board's default approval of the project, and WHEREAS, in accordance with ~ 179-57 D. of the Code of the Town of Queensbury, the Town Board held public hearings on the proposed PUD April 3rd, 2000, September 11th, 2000 and September 25th, 2000, and WHEREAS, the Town Board, as SEQRA Lead Agency, has reviewed a Short Environmental Assessment Form to analyze potential environmental impacts of the proposed PUD redistricting, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed PUD redistricting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed "The Meadows" Planned Unit Development (PUD) will have no significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the proposed PUD meets the purposes and objectives and all of the provisions and requirements of Article 8 of the Town of Queensbury Zoning Ordinance, and BE IT FURTHER, RESOLVED, that the Town Board, in accordance with Article 8 of the Town's Zoning Ordinance and legislative authority, and subject to the specific conditions and requirements set forth below, hereby approves, enacts, adopts, and creates The Meadows Planned Unit Development District located on approximately 97.35 acres ofland in the Town of Queensbury, the approximate boundaries of which are set forth on a map and plan prepared by Miller Associates, Landscape Architects; Nace Engineering P.C., Engineers; and VanDusen & Steves, Land Surveyors, LLC entitled, "Overall Site Plan" received September 1,2000 (dated August 31,2000) and noted as last revised on July 28,2000, as presented at this meeting, directed to be filed in the Town Clerk's Office and incorporated herein for all purposes, and BE IT FURTHER, RESOLVED, that The Meadows Planned Unit Development is generally described as a total area of 97.34 acres with a development project area of 27.1 acres with a maximum of ninety-six (96) units of "Senior Housing" plus a one unit manager/officer's residence on 9.0 acres, relocated driving range on 2.1 acres, lands proposed to be dedicated to the Town of 4.0 acres and remaining undeveloped areas consisting generally of approximately 70.2 acres to be set aside for conservation, recreation, and stream and wetland buffer areas, and BE IT FURTHER, RESOLVED, that this Resolution shall not take effect until final execution of a Planned Unit Development Agreement by Queensbury Partners L.P. and the Town of Queensbury, which Agreement shall incorporate all elements of this Resolution and set forth such other and further details and restrictions of the Planned Unit Development as required by the Town Board, and BE IT FURTHER, RESOLVED, that this Resolution and rezoning of property shall be subject to the filing and recording in the Warren County Clerk's Office of a Declaration of Covenants and Restrictions setting forth all conditions and executed by an authorized official of the Developer and the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Zoning Map is hereby amended to provide for the creation and redistricting of the lands contained and set forth as The Meadows Planned Unit Development, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish a summary of this legislation in the Glens Falls Post-Star within five (5) days, obtain an affidavit of such publication and post the summary on the Town Clerk's Bulletin Board, and BE IT FURTHER, RESOLVED, that this Amendment to the Zoning Ordinance and Laws of the Town of Queensbury shall take place after publication of the summary in the Post -Star and such later date as is required by the terms and provisions of this authorizing Resolution and legislation, and BE IT FURTHER, RESOLVED, that in the event that final Planning Board Planned Unit Development Site Plan/Subdivision approval is not obtained, the lands described shall revert back to the underlying zone as is currently established prior to enactment of this Resolution. Duly adopted this 2nd day of October, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT None Discussion Before Vote: Councilman Martin-I note we received a memo from Chris confirming calculation of density and it looks like he's made an attempt to try and be consistent in siting the expertise of past zoning administers in coming to this conclusion. Councilman Stec-Did you share this with the individual that had the questions. She's not here tonight. Chris Round, Executive Director-Yes, we can make it available. Supervisor Brower-And I note, Mr. Lapper is in the audience, I don't know if you have anything to add? Attorney Jon Lapper-Only if there are any questions. I think we've got it covered. Mr. Round, Executive Director-I think the memo addressed the two outstanding issues. One was your condition to a previous approval that affected this project and the answer to that is no. And the density calculation wasn't documented at the time that it was discussed last week and the density calculations applying the clustering, the memo, cut to the quick, the PUD section of our ordinance does not clearly define how to calculate density and historically, they've used a clustering section of the zoning ordinance as well as the subdivision ordinance and utilizing that calculation it does allow for up to, it allows for a base density of ninety-three dwelling units per, an increase up to fourteen additional units. So, ninety-seven falls well within the allowed density. . . . Mr. Round, Executive Director lead the board through the following Short Environmental Assessment Form: A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part617.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in CI-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO Mr. Round, Executive Director-The resolution prepared for you includes the negative declaration. (vote taken) Town Councilmen's Concerns Councilman Stec questioned Supervisor the status of whether a meeting date was reached with the City of Glens Falls as discussed three weeks ago? Supervisor Brower noted, no and tried to contact him today but was unsuccessful. .. will try again tomorrow. .. he'll be traveling to Saga City for a couple of weeks and hopefully we can meet when he gets back... Councilman Stec questioned the status of the sewer buy-in, reached any ground? Supervisor Brower noted, no I don't believe so... Mr. Brewer and I met with the Mayor and Bud Taylor, we discussed sewer pricing but we did not reach an agreement at that time. .. are having ongoing discussions. . . the Mayor still has a concept of sharing in the Queensbury Improved tax base ... he wanted to look at the numbers just to see if it made any sense and I think he's going to come to the conclusion that a straight deal will probably be the best way to work it. Councilman Brewer-I'm supposed to talk with him Wednesday, he supposed to have something done and then he would like to get together again before he leaves. Town Board held discussion regarding the buy-in fee... Councilman Stec questioned the Baybridge Sewer status? Supervisor Brower-The mayor agreed at the same luncheon meeting Tim and I had with him, he agreed that Baybridge was caught in the middle between two municipalities and he indicated that he would go to the water and sewer board and request a dollar thirty-five a gallon buy-in. We do not have it in writing yet but he assured us that he didn't see a problem with that. Councilman Brewer-I don't think it's going to happen because their contractor has backed out... it's not going to happen this year. Councilman Martin-Probably the best we're looking at would be frost out of the ground next spring. Councilman Stec referred to last meeting where there was a letter read into the record concerning the city's access road from Butler Pond Road to the intake reservoir requesting a cow gate and recommended that it be done. Supervisor Brower noted that he attended the water and sewer board meeting last week and the city agreed to put a gate up. Councilman Stec questioned the status of the RFP for legal services? Supervisor Brower noted that they are not out yet. .. expect to get it out this week or next week. Councilman Brewer referred to Old Forge Road and noted that he received a call from Mrs. McCormack who has a concern about heavy trucks and speed on the road and would like to know if we can do anything about reducing the speed. Mr. Rick Missita, Highway Superintendent noted that it's 35 mph from Dixon Road until Wintergreen then it's 45 mph... Supervisor Brower noted that he'll ask the sheriffs department to increase enforcement on the road. Councilman Martin questioned when the first meeting of the land trust is being held? Town Counsel Schachner noted, Thursday, October 5th at 7 o'clock. Councilman Martin questioned when the Articles of Incorporation will be filed? Town Counsel Schachner-Probably by the end of the month. Councilman Martin questioned when it can accept land? Town Counsel Schachner-There's some turnover time in Albany, but mid November... Understand that it wouldn't be fully tax exempt that fast because that process at the state level takes a couple of months but the federal level takes quite a while but you don't need to have those approvals in order to accept land, donations simply would not be tax deductible until that certification occurs. But you're still a legal entity and you can still function. Supervisor Brower welcomed Mr. Turner back from vacation. PLANNED DISCUSSIONS Cleverdale Road Mr. Tom Jarrett, Engineer gave update regarding proposed drainage project for Cleverdale Road... the concept we've come up with still utilize the trench along the west shoulder of the road, terminate in lands along the west shoulder of Cleverdale Road just immediately south of Fielding Lane, between Fielding Lane and Gunn Lane. Our concept is a little different then the original concept, it now utilizes a trench along the road that would have two pipes in it. There would be a large pipe that would collect stormwater during storm events and then there would be sand back filled, essentially a sand filter in the trench that would allow stormwater to filter through to a smaller diameter pipe that would drain to the lake. So, essentially we have a self contained treatment system right along the road... This is conceptual, it needs to be fine tuned and discussed with Rick's Office... Next step would be to approach the landowners with the conceptual design and then meet with Rick to see what resources are available. . . Town Board held a discussion on design, agreed to move forward with the plan to meet with the landowners. .. agreed to give update at first board meeting in November. Assembly Point Road Mr. Round, Executive Director noted that C.T. Male will be here October 16th to make presentation of their engineering plans. . . Councilman Martin suggested making an informal contact, a phone call or short letter to the president of the Assembly Point Association... Fox Farm Road Town Board held discussion with Highway Superintendent Missita regarding the request by Dr. Hoffman to make Fox Farm Road one way and concerns were noted regarding the other residents on the road, the Civil Defense Office Building and the difficulties plowing the one way road ... board agreed to research further before taking any action. Attorney Matters Town Counsel Schachner referred to memo regarding potential noise regulation issues and questioned whether the board agrees with scheduling a special workshop session devoted to that discussion... board agreed to schedule special workshop meeting on October 30th at 6 p.m. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 396,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer 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 2nd day of October, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION AND ADJOURN TOWN BOARD MEETING RESOLUTION NO.: 397,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer 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 Meeting. Duly adopted this 2nd day of October, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY