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2000-10-16 REGULAR TOWN BOARD MEETING OCTOBER 16, 2000 7:00 p.m. MTG.#44 RES. 403-421 BOH 33-35 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS W ATER/W ASTEW ATER SUPERINTENDENT RALPH VANDUSEN EXECUTIVE DIRECTOR CHRIS ROUND COMPTROLLER HENRY HESS PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JAMES MARTIN SUPERVISOR DENNIS BROWER-Opened the Meeting 1.0PUBLIC HEARINGS 1.1 Town Clerk Darleen Dougher announced that the following public hearing was cancelled due to error in publication: Construction of Low Lift Pump replacements Town Water Department. 1.2 PUBLIC HEARING CONCERNING REPLACEMENT OF WATER MAINS IN THE VICINITY OF GREENWAY DRIVE, CARL TON DRIVE, GREENWAY NORTH AND GLENDALE DRIVE NOTICE SHOWN 7:10 p.m. SUPERVISOR BROWER-At this time Ralph would you like to come forward and just share some background with the Town Board and the audience. W ATER/W ASTE WATER SUPERINTENDENT RALPH VANDUSEN-In the area near the intersection of Route 9 and Quaker Road there are a couple of subdivisions or streets that we have had water quality problems for years and in one case there has been a water quality problem that I am aware of since 1972 when I started with the Town. We have a multiple step approach toward resolving those problems. (used maps of the area) The first area that I would like to talk about is the Greenway North, Carlton Drive area of the town. This is Aviation Road coming down to an intersection of Route 9 and this would be Greenway North in this area, Greenway, Greenway North and Carlton Drive, Greenway Circle in this area here. Last year we started getting a tremendous number of complaints of rusty water in the Greenway Circle area in this area right in here. That water line was a two inch galvanized line serving about four homes at extremely low pressure in the summer time and extremely poor quality water. Last year we replace that two inch line with a six inch ductile iron pipe hoping to clean up the problem for those people. We gave them better pressure and the water did clean up slightly, but the water still was rusty coming in from this section of Greenway Drive. We also had approximately four homes in this area on the old Aviation Road that were tapped into an old unlined six inch pipe that had very rusty water. Luckily for them last year we were able to switch over their water services from the old line to a new, a relatively new meaning 1965 line twelve inch cast iron pipe, and that completely eliminated their problem of rusty water. But that did leave the area in Greenway Drive, Greenway North and up in this area up in the Carlton that is currently being serviced by an old six inch unlined cast iron pipe. It is a dead end up in this area, there just is very little flow and the people certainly have a problem with rust or iron in their water. In an attempt to solve that we hired CT Male to do a design and prepare specifications and go out to bid to replace that six inch line with a new eight inch line cement line so the water will be clean, and have much better hydraulics for fire flow in event of the need for hydrants in that area. At the same time in the area of Glendale coming down Route 9 roughly across from Price Chopper Supermarket there is about a four hundred foot section of unlined cast iron pipe there. It used to serve a florist business that was in there they used a lot of water and it stayed relatively clean. As soon as the flower shop went out of business the one resident at the end started seeing rusty water and we have been running a bleeder to run that clean now. So, we have gone out to bid to replace that line as well as the Greenway North, project cost will be one hundred and ninety thousand dollars and that is basically a description of the project. SUPERVISOR BROWER-Thank you Ralph. At this time I would like to ask the audience if anyone would like to speak on behalf of this project either in favor or against at this time, any public comment at all? (No one spoke) Ok. Being none I will close the public hearing and ask the Town Board Members if they have any input? COUNCILMAN BREWER-Ralph, when will this construction take place, and how long? SUPERINTENDENT VANDUSEN-The contract stipulates that all the work will be done this calendar year, so it is an extremely tight time schedule. They have to put the water line in we will switch the services over from the old line to the new line because we can do it cheaper than the contractor can and the contractor will immediately top soil, grass seed and restore any blacktop that is damaged. So realistically it is sometime in early, very early December it has got to be done, completed. COUNCILMAN MARTIN-Are you going to have the availability of blacktop that late? SUPERINTENDENT VANDUSEN-You can get blacktop from Saratoga into late November, early December. COUNCILMAN BREWER-Even if they had to put a binder down or something to get them through the winter. SUPERVISOR BROWER-That is great. Any other questions? Ted COUNCILMAN TURNER-The line at the very end that is going to be dead end again? SUPERINTENDENT VANDUSEN-Currently, the water line, there is a loop here the pipe does actually tie together in this area but there is no real flow up in here we have had absolutely no complaints of dirty water from anything on Carlton Drive the complaint, and no complaints in this section down here. All the complaints and the water samples that we have taken have indicated that this is by far the worst. We may find that over the next few years that once we have done this that we may end up replacing this that is something that we would hope to do with our own crew at a future time if it became necessary. One big difference, this is an unlined cast iron pipe this section in here is asbestos cement. COUNCILMAN TURNER-Quite a time after, wasn't it? Carlton was put in quite a time after? SUPERINTENDENT VANDUSEN-Yes. That is asbestos cement in that area. COUNCILMAN TURNER-That is ABS? SUPERINTENDENT VANDUSEN-Yes. SUPERVISOR BROWER-Thank you Ralph. Ok. We have the opportunity to discuss a couple of potential resolutions here 1.2A and 1.2B. 1.2A is a resolution to award the bid for replacement and installation of the water mains in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive and resolution 1.2B is a resolution authorizing the issuance of one hundred and ninety thousand dollars of serial bonds to finance replacement and installation of those water mains. RESOLUTION AWARDING BID FOR REPLACEMENT/INSTALLATION OF WATER MAINS IN THE VICINITY OF GREENWAY DRIVE, CARL TON DRIVE, GREENWAY NORTH AND GLENDALE DRIVE RESOLUTION NO. 403.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, and WHEREAS, the Town's Water Superintendent and C. T. Male Associates, 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 project to the lowest responsible bidder, Jenkins Excavating, Inc., for an amount not to exceed $190,000, and WHEREAS, the Town's Purchasing Agent concurs with the bid award recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the replacement/installation of water mains in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive in the Town of Queensbury, authorizes funding for the project and specifically awards the bid for the project to Jenkins Excavating, Inc. for an amount not to exceed $190,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent to execute any Change Orders that may be necessary in connection with the water main replacement/installation project in an amount not to exceed $5,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 16th 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 THE ISSUANCE OF $190,000 SERIAL BONDS TO FINANCE REPLACEMENT/INST ALLA TION OF WATER MAINS IN THE VICINITY OF GREENWAY DRIVE, CARL TON DRIVE, GREENWAY NORTH AND GLENDALE DRIVE RESOLUTION NO.: 404.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury (Town) has established the Queensbury Consolidated Water District (District) in accordance with New York State Town Law, and WHEREAS, water mains located in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive, Queensbury are in need of repair and/or replacement, and 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, Queensbury and the Town's Purchasing Agent duly advertised for bids for the construction work, and WHEREAS, the Town's Water Superintendent and c.T. Male Associates, the engineers providing services to the Town in connection with the project, reviewed all bids received and recommended that the Town Board award the bid for the project to the lowest responsible bidder, Jenkins Excavating, Inc., for an amount not to exceed $190,000 and the Town's Purchasing Agent concurs with the bid award recommendation, and WHEREAS, the Town Board previously determined that it was in the public interest to replace/install the water mains and therefore scheduled a public hearing concerning the proposed project and expenditure of funds, and WHEREAS, the Town Board duly held the public hearing and heard all interested persons on October 16th, 2000, and WHEREAS, the Town Board has adopted a Resolution authorizing the construction project and awarding the bid to Jenkins Excavating, Inc. with the maximum amount proposed to be expended for the project to be $190,000 and the Town Board wishes to now authorize financing for the project, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, replacement and installation of water mains located in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive in the Town of Queensbury (the "Project") and such specific object or purpose is hereby authorized at a maximum estimated cost of One Hundred Ninety Thousand Dollars ($190,000). Section 2. Based upon the evidence given at the Public Hearing, the Town Board hereby determines that it is in the public interest to acquire and construct the Project. Section 3. The plan for the financing of such maximum estimated cost is by the issuance of up to $190,000 in serial bonds or bond anticipation notes of the Town on behalf of the District hereby authorizes the issuance of such bonds and/or notes in accordance with the Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after October 16th, 2000, the date of adoption of this Resolution. The Town may submit applications for grants and/or low interest loans from the New York State Department of HealthlNew York State Environmental Facilities Corporation Drinking Water State Revolving Fund and/or the United States Department of Agriculture Rural Development Authority and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. In accordance with Local Finance Las ~107(d)(3)(1), no down payment from current funds is required. Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose thirty (30) years, in accordance with Subdivision 4 of paragraph a of Section 11 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable property of the District a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Each property in the District will pay for debt service based on the benefit received as calculated in accordance with a formula set by the Town Board. Section 6. For the purpose of paying the cost of this Project, including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $190,000, the maximum maturity of which shall not exceed the 30 year period of probable usefulness set forth above and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $190,000 maximum amount of serial bonds authorized to be issued in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Local Finance Law ~23.00. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and in accordance with the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipations notes issued in accordance with this Resolution by manual signature and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer provided however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance law. Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. Section 13. If issued, the notes may be in bearer form and may contain a power to convert to registered form and shall bear interest at the determined rate. Section 14. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 15. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (Code) the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 16. counsel. Miller, Mannix & Pratt, P.c., Glens Falls, New York, is hereby designated bond Section 17. The validity of these serial bonds and bond anticipation notes may be contested only if: (1)These obligations are authorized for any object or purpose for which the Town is not authorized to expend money; or (2)The provisions oflaw which should be complied with at the date of the publication of this Resolution are not substantially complied with and an action, suit, or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication; or (3)Such obligations are authorized in violation of the provisions of the State Constitution. Section 18. The Town Clerk shall publish this Resolution in full or a summary thereof in The Post -Star, the official newspaper of the Town of Queensbury, together with a notice of the Town Clerk substantially in the form provided in Local Finance Law ~81. Section 19. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. Dated: October 16, 2000 COUNCILMAN MARTIN-I want to extend my thanks to Ralph again these things are always handled with an up most professionalism and it is just a pleasure to have him here. Thanks, Ralph. SUPERVISOR BROWER-I think it is great that we continue to up grade in this case our fifty year old system and continue to improve it, so that is great. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 405.2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 16th day of October, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None 2.0 QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN BOWEN RESOLUTION NO.: 33.2000 BOH INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin 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, John Bowen has applied to the Local Board of Health for a variance from Chapter 136 to authorize an existing septic system installed on his property and extending across his property line a distance of twelve feet (12') into adjacent property, instead of installing the system at the required ten feet (10') setback from the property line on property located at 7 Boulevard, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on November 6th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Bowen's sewage disposal variance application concerning property located at 7 Boulevard, Queensbury (Tax Map No.: 113.-1-5.1) 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 ofMr. Bowen's property as required by law. Duly adopted this 16th 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 ON SEWAGE DISPOSAL VARIANCE APPLICATION OF GEORGE HEARST RESOLUTION NO.: 34.2000 BOH 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, George Hearst has applied to the Local Board of Health for a variance from Chapter 136 to install a new fill or built-up system one-hundred sixty feet:!: (160':!:) from Lake George instead of the required two-hundred feet (200') setback on property located at Lake Parkway, Assembly Point, in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on November 6th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider George Hearst's sewage disposal variance application concerning property located at Lake Parkway, Assembly Point in the Town of Queensbury (Tax Map No.: 8-1-13) 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 ofMr. Hearst's property as required by law. Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 35.2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Board of Health meeting, and moves back in to Regular Session. Duly adopted this 16th day of October, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None QUEENSBURY TOWN BOARD 3.0 CORRESPONDENCE Queensbury Town Board of Health Town of Queensbury 754 Bay road Queensbury, N.Y. 12804 Re: Schermerhorn-Walker Lane Townhouse Septic System Gentlemen: In accordance with Sanitary Sewage Disposal Variance Resolution No. 9.98 granted by the Town of Queensbury Board of health regarding the referent septic system, I have made my first annual inspection of the operating sewage disposal system. This inspection was made on October 9, 2000. The inspection consisted of a visual inspection of the ground over and around the subsurface absorption systems and an inspection of all of the pump stations. I also reviewed the water use records for the apartments. These show that the average daily water use for the complex is 6,424 gallons per day. This is well within the design capacity (8,640 gallons/day) of the sewage disposal system. During a previous inspection this summer, I had noted areas where storm water runoff was causing minor erosion of the fill on the East Side of the absorption fields. These areas have now been repaired and grass cover has been established. I also noted that the new pump, which replaced one that experienced mechanical failure, is operating properly. Based upon my inspection, I believe that this sewage disposal system is operating properly. Sincerely, /s/ Thomas W. Nace, P.E. Cc: Rich Schermerhorn Dave Hatin, Queensbury Bldg. & Codes 4.0 BAY ROAD-SPECIAL PRESENTATION BY COUNCILMAN MARTIN COUNCILMAN MARTIN-I would like to thank the Supervisor for allowing me time on this agenda to talk about this, this is something that I have been noticing for a number of years and I wanted to take this opportunity to share with you all and see if we can generate some interest in the community and see what might happen. (used maps and drawings) It concerns Bay Road, and I wrote the Board a letter on this and it concerns primarily the section from the Quaker Road intersection all the way up to Blind Rock Road it is about a one point eight mile length about ninety five hundred linear feet. I just noticed out there going out there you see a lot of people using the road not just to travel on any more, but people are using the road to recreate. They are walking they are getting their coffee down at Stewarts in the morning, they are coming from the fitness center on Glenwood and so on and really all we have right out there now is a big wide swath of pavement. I make the observation and the argument that this could be much more than that. The road in its current configuration is out of the character with the surrounding environment meaning, they have a lot of trees along the adjoining properties you have the mountains in the back drop but in the middle of this we have this big wide swath of asphalt. Very utilitarian, moves traffic real well but it does not really contribute very much to the community in terms of its look and its character. Yet, there is this combination and I have got to give credit to the County fathers, that they did make a nice wide piece of right of way here I would venture to guess that, that right of way is probably maybe even approaching ninety feet in width and the paved section is over fifty feet. We do have, I have went out and measured my self this wide shoulder on the east side it is some twenty four foot in width just from the painted strip to the edge of pavement. So, you do have a nice space there where people have come to use as a real source for recreation. Not, surprisingly when you look at the land use pattern in that area I got shown in red here the red stars are existing uses and I've sense forgotten all the projects that are, by name. The projects up and down the route but you have numerous rental apartments and the projects up and down the route. You have numerous rental apartments and condominium units, you have town hall as an obvious, ACC is a big attraction and you have got the Warren County Bike Trail head off to the side here and Country Club Road and you have the Adirondack Nautilus Fitness Center. So, the existing use is already are just by their occurrence their location the type of use that is there is facilitating a lot of the secondary use of the route, not just to travel on with a car. Now, if you consider what we have planned or under construction you have got the Michael's group project here on the west side of Meadowbrook Road, the Glen at Hiland is under construction we have got some more apartments down here to the south and we have got proposals for senior housing complex here on Cronin. So, if anything you are going to see increased use here by especially seniors might be getting out for a walk on a nice afternoon. You know my argument is let's create for them a nice environment to be in. Also, you have got obviously the major connection into Glens Falls to the south and a major route to Lake George to the north. So, what I was envisioning is the idea of a planted buffer medium that would separate what is evolved into this recreation multi purpose use path on the west side from the vehicle lanes on the east. What I have shown here can occur all within the paved section that is out there today. Like I said, I added it up it is fifty six feet wide I think that is right, I have the numbers on the next sheet, and you can accommodate and I will get into some of the numbers here. You can still accommodate a seven foot wide planted buffer and I am thinking something rather nice with trees, lights at a pedestrian level as well as a vehicular level right. Now the corridor is very dark at night certainly foreboding if you want to walk on it, and still accommodate the travel lanes that we have in width there at eleven feet each. The ten foot shoulder is really quite excessively wide still on the west side and yet we still can have an eight foot shoulder here on the east side with an eight foot bi-directional multi use path that you have there today and what we would have is a much more friendly place to be in and if you are walking or biking and certainly something that would be much more attractive to the community. From a functional standpoint in terms of traffic, although there is a number of proposals in planning or under construction in the area there are still vast amounts of vacant property that are not developed. If we build this buffered strip here we now have a pro active approach to access management along the corridor we can have planned access points on to the highway and we as the public entity are dictating where we want access to our highway rather than reacting to it. Maybe even some of those are wide enough that we could accommodate parallel service roads and so on that connect at those planned point. If anything this road is going to evolve into a limited access highway due to its use. John tells me on the phone today the County is even considering a long term plan of four lane configuration. All the more reason then to have some sort of planted feature in here if that is in fact the case. So, that is the pitch I wanted to make to you. In terms of cost you know, I would not want to venture a guess. At ninety five hundred feet you know it is linear foot calculation you know it would very widely depending on how you configure this with curbing or without, what frequency of lighting, what type of planting scheme. COUNCILMAN BREWER-You would almost have to have some kind of curbing to keep the dirt or whatever. COUNCILMAN MARTIN-I would think so, I have shown here on my rendering, this is a perspective view if you notice it is just planted at grade. My preference I think you know is just looking at it is curbing but you will have to have engineering done and all that. This utilizes the existing drainage system it would not require new drainage and I think it would make a real nice feature to this corridor which is for a long time as I had in the preamble of my letter identified as our community center. I would rather have something like this (drawing) then just a sixty foot wide width of pavement with cars on it. So, that was my pitch, I hope this spurs some interest in the community you all heard from me before if it were me I would say the town we could look at this through our capital program on our own but I would also like to look at partnering with the county it is a county right of way I fully understand that but it is in our community a center piece in our community and I would like to see it be more than it is. SUPERVISOR BROWER-Did you have a response from Bill Remmington I noticed you sent the letter to Bill... COUNCILMAN MARTIN-I wrote Bill Remmington I copied Lou Tessier on that I wrote all the Town Supervisors on the County Board all five of them I am not looking to pin all the costs on them by any means I just see this as an opportunity here. The road, like I said, there is a lot of tracks on it that are undeveloped yet but I have a feel as soon as we run that sewer line you are going to see that change and this would get us out ahead of the curve a little bit. I would like to take this to the next level and get this into design, invite the community the public, residents on the route to participate in that design ...or that design session and see what kind of things we can do to change that in a positive way. That is all I wanted to say so I wanted to share that with you all. COUNCILMAN BREWER-I think it is a positive thing to do and I think we should at least look and see what the cost would be how the costs would be born whether it would be just Queensbury or the County or both of us or. SUPERVISOR BROWER-I think we should definitely add it to our capital plan project list that we are developing. COUNCILMAN BREWER-Where do we go from here Jim to get? SUPERVISOR BROWER-I guess that is one of my concerns is I see when I view the capital our list of capital planning projects I see a lot of necessary items that I think we have to prioritize what we are doing. COUNCILMAN MARTIN-That is why I wanted to bring this out now because I know you are getting into your capital budget we are and our capital reserve and I think this is something that may have to be phased in depending on how you want to do it. SUPERVISOR BROWER-Now, did you say from Lowes up to ACC? COUNCILMAN MARTIN-No, I said from Quaker Road. SUPERVISOR BROWER-Now how are you going to do an median on Quaker Road to Lowes they have that extra turn. COUNCILMAN MARTIN-You could not do it the whole distance Dennis, I am saying at certain point, basically from Stewarts to ACC you could do what is pictured there. SUPERVISOR BROWER-Did you draw that? COUNCILMAN MARTIN-No, I did not, I have a friend. SUPERVISOR BROWER-It looks like Burke Drive. COUNCILMAN MARTIN-It could have been Burke Drive. COUNCILMAN BREWER-The lights are a little different though. COUNCILMAN STEC-As a matter off act Jim thirteen hundred feet I believe is the linear footage on Burke Drive and a very modest landscaping plan that we have on the agenda tonight is for nineteen thousand, one hundred and ninety five thousand that is about seven and a half times you are looking at about one hundred and fifty thousand just.. COUNCILMAN MARTIN-Oh, I think at least COUNCILMAN STEC- That does not include curbing because we did not curb and it does not include trees I am not exactly sure what the plan is tonight but.. . and no lights COUNCILMAN BREWER-What happened to the lighting? COUNCILMAN STEC-We have the .. .lighting not the ornamental lighting. COUNCILMAN MARTIN-I encourage you to go down to Saratoga I have told you all this before and look at South Broadway. COUNCILMAN STEC-I have been there it is on my way it is on my commute, Saratoga. COUNCILMAN MARTIN-That was done with an aid of ..grant from the state but that is the level of quality I .. COUNCILMAN BREWER-Jim, didn't we just receive a grant for Beautification for twenty seven thousand dollars? So, why couldn't we apply to do that again? COUNCILMAN MARTIN-Certainly we would want to exhaust all the grant money and things like that first I am not disputing that a bit. COUNCILMAN BREWER-What level do you want us to take this now? COUNCILMAN MARTIN-I would like to go on to design for this so we could see what actually can be done invite the County in to help and get their input, it is their route. COUNCILMAN BREWER-How much would it cost? COUNCILMAN MARTIN-For design of that, Dennis isn't going to want to know, because I know how much you think of professional services. SUPERVISOR BROWER-No, no what do you think it would cost? COUNCILMAN MARTIN-I think it is probably going to be, you know, fifteen grand or so give or take just to get that design. You want to live in a community you go across the State and across the Country and you see what progressive communities are doing, they are making the investment. SUPERVISOR BROWER-Well, Jim I think eventually we are probably going to end up considering something like this, I think it is just a matter again of prioritizing things on our capital project list and I am sure this probably would not be number one on your on the capital project list either from your perspective. You know the many projects COUNCILMAN MARTIN-Yea, I am in Ward I, this is Ward II. SUPERVISOR BROWER-we have got in front of us. COUNCILMAN BREWER-Jim is there possibly we a grant we could apply for now to get some money to have this designed? COUNCILMAN MARTIN-I do not know I could talk to Chris and see what they can find out. COUNCILMAN BREWER-Can we go that route first., I would be in favor of that. If it took some money to write the grant then absolutely do it, if we could. SUPERVISOR BROWER-Thank you Jim, I appreciate your presentation. SUPERINTENDENT VANDUSEN-There is a section of Bay road that hopefully next year where we have had all the water main breaks basically just north of Stewarts, in our proposed budget for next year there is money to replace a section of that. COUNCILMAN MARTIN-That is the other reason I thought that this was timely I knew we had the sewer coming and obviously you want to take care of all your subsurface issues before you do the things on top. You want to take care of the water line issues then before you do something like this, obviously. 5.0 OPEN FORUM 7:35 p.m. MR. PLINEY TUCKER-Division Road Resolution 6.1 Resolution awarding bid for landscaping improvements what is the total? COUNCILMAN STEC-Not to exceed nineteen thousand eight hundred. MR. TUCKER-What are the provisions to take care of this after it is in, who is going to take care of it? SUPERVISOR BROWER-Probably our building and grounds crew. COUNCILMAN MARTIN-Mr. Tucker raises a good point if we are going to do this type of stuff then we have to make provisions for maintenance. MR. TUCKER-6.l4 is authorizing repairs of sidewalk along Ft. Amherst, how much is involved? COUNCILMAN TURNER-Approximately six hundred feet. MR. TUCKER-What is the cost? COUNCILMAN TURNER-Approximately eight thousand... MR. TUCKER-Ashley Place, some of the people are repairing their own sidewalks over there... Re: Crandall Library I learned the other night that this is all based on assessed valuation and the Town of Queensbury's share in this expansion shall increase over the years because of the assessed valuation unless we stop growing. Noted that the legislation was established by the legislature before we established the district and we had some built in safeguards for the tax payers, number one you know about the bonding that the only three municipalities could do the bonding no one else could and we had an upset provision in the legislation where if one municipality did not approve the legislation it did not pass. Now, with the Dormitory legislation that had been passed to allow the library district to bond through housing authority they have circumvented the law that was established when this district was established and I do not think that they have the right to do that. The legislature has I believe that the had to come back to the district and see if the people wanted the law changed or not. SUPERVISOR BROWER-That is a concern I had too Pliney and we voiced both Henry and I have voiced our concerns about that to Bob Hafner and Bob was contacting someone in Albany, the State Comptrollers Office for an opinion and we do not have that opinion from them yet. COUNCILMAN TUCKER-Will the Comptroller give you legal opinion on constitutional law, I do not think that they can do that. TOWN COUNSEL SCHACHNER-The short answer is yes. We have been asked to and we have contacted the State Comptrollers Office to ask the question about the apparent or perceived inconsistency in the legislation and for what it is worth we have pointed out to the Town Board previously we understand the point that Mr. Tucker is making that Dennis and Henry have both referred to as well that they may appear to be some contradictory language in these two pieces of legislation. The Comptrollers Office certainly has the authority to issue an opinion about the validity of the legislation, sure. MR. LEON STEVES-I would like to take this opportunity to read into the record a letter that I would like to hand deliver tonight (given to Town Board Members) regarding the rezoning of the Town of Queensbury. Dear Supervisor and Board Members, I would like to take this opportunity to express my views on the revised zoning ordinance. Nearing the end of the comprehensive land planning meetings my concern was that staff member Sue Cipperly was going to write the plan herself making it basically a one person report. However, she left the employ of the town before the task was complete. This then became the responsibility of Chris Round who used Sue's notes and committee meeting minutes to condense and prepare the report. I then joined a team of advisors for the proposed rezoning we basically reacted to the proposal that Chazen had written with very little input outside of this draft. Although I tried early on to discuss the map Stu Messinger wanted to talk about and review the text only. In my opinion the text should be based upon the map proposal of zones so that when we got around to the map it was only to correct mapping errors not design. This time the code was basically written by the Chazen group without corrections and adjustments only to the proposal and even this has not been properly edited. This time the code was written by an individual Stu Messinger with out without the towns direction. It is time for a new code but lets do it right. This draft is too far afield to be condensed and re-written by Chris. It should be thrown out and a new one written by such people as Chris Round, John Goralski, Tom Nace, Tom Jarrett, and Jim Martin. One of the so called highlights of the new code is the pullout or sketches that are provided within, one of them being Main Street. I think it in the code lacks the very important inscription RIP. Thank you very much. SUPERVISOR BROWER-Thank you. Asked for further comments. . . MR. PETER THOMAS-179 Assembly Point Road Questioned if there has been any progress on Assembly Point Road? They were going to set up meetings with appropriate agencies that might be involved and with the residents on the point.. . are we budgeting for repair of the road? SUPERVISOR BROWER-Your project is in our Capital Plan program and it is a priority. EXECUTIVE DIRECTOR ROUND-We expect the plan before the Town Board this week and then we will schedule a meeting, I am not sure if the meetings with involved agencies has been conducted. They have completed a second round of monitoring on the roadway and there is not a slippage or lateral movements of the roadway. They have prepared plans to address what they think is the issue with some under washing or loss of road bed in that area. . . SUPERVISOR BROWER-Noted that we may conduct a special work shop in the North Queensbury Fire House and invite the residents to attend. . .. COUNCILMAN MARTIN-Suggested that the neighborhood association be contacted that would be a good method to get the word out to the people. MR. DONALD SIPP-Courthouse Drive Complemented Councilman Martin on his program... the development of Bay Road is essential to the Town. Questioned if the sewer would interfere? COUNCILMAN MARTIN-It is on the west side...it would not interfere. MR. SIPP-Concerned about the use of salt damaging the vegetation... COUNCILMAN BREWER-Spoke to the Board regarding the use of black magic on the roads, environmentally safe. . . used on Luzerne Road last year works wonderful. . . MR. SIPP-Spoke about State and Federal monies for projects... COUNCILMAN MARTIN-T2l Transportation enhancement act, in its second generation they have an enhancement program for funding trails like this..the bridge over Quaker Road got some of that money, that might be a possibility. MR. SIPP-Noted when he left BOCES they were still working on public projects, there is a possibility of getting free labor, even plantings and maintenance with the horticulture class.. . contact person Brian Downing. SUPERVISOR BROWER-Asked for further comments. MR. YON LINDAHL-No. Queensbury Spoke on article in the Queensbury Letter.. .re: fences read the following "fences installed prior to the adoption of the fence ordinance will not be subject to compliance with the regulations, as a matter of non conforming fences is addressed in the same section of the code, if you believe you have a fence that predates the ordinance you may be required to provide documents of the same." When in fact it should say that we will have to prove that your fence was not put up before the ordinance, because that is what the law says. Re: Bay Road walk way... my point of view on tax money goes along with the Constitution and if you are going to use tax money to do this the Constitution says that it is for needed things. I can think of a lot more needed things than a walkway right there, not to mention the plowing issue and everything else you are going to end up with in maintaining that. SUPERVISOR BROWER-Asked for further comments... MRS. BARBARA BENNETT-Spoke to the Board for the need of more lighting in the parking lot at the office. . . SUPERVISOR BROWER-Asked for further comments, hearing none the Open forum was closed. 6. ORE SOLUTIONS RESOLUTION AWARDING BID FOR LANDSCAPING IMPROVEMENTS IN VICINITY OF BURKE DRIVE RESOLUTION NO. 406. 2000 INTRODUCED BY: Mr. George Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board authorized the advertisement for bids for landscaping services to be provided along Burke Drive, Queensbury WHEREAS, the Town's Purchasing Agent duly advertised for bids and has advised the Town Board that she received three (3) bids for the project, and WHEREAS, the Purchasing Agent and Facilities Manager have reviewed the bids and recommended that the Town Board award the bid to Jim Girard Landscape Maintenance Corporation, the lowest, responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the provision of landscaping services along Burke Drive, Queensbury to Jim Girard Landscape Maintenance Corporation for an amount not to exceed $19,800 to be paid for from the appropriate Town Account(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Facilities Manager to execute any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 16th 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 ENGAGEMENT OF O'BRIEN & GERE ENGINEERS, P.C. TO PROVIDE DESIGN PHASE ENGINEERING SERVICES IN CONNECTION WITH SHORE COLONY WATER DISTRICT WATER TREATMENT SYSTEM RESOLUTION NO.: 407.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 379.99, the Queensbury Town Board authorized engagement of O'Brien & Gere Engineers, Inc. to provide certain professional engineering services to assist in bringing the Town's Shore Colony Water District water supply into compliance with the New York State Sanitary Code as requested by the New York State Department of Health, and WHEREAS, the Town Water Superintendent has advised that O'Brien & Gere has provided its services required by Resolution No. 379.99 and now wishes to further engage the services of O'Brien & Gere for the provision of design plans and specifications to enable the Town to construct the filtration system for the Shore Colony Water District, and WHEREAS, O'Brien & Gere has offered to provide the necessary design plans and specifications to the Town for the amount of $7,800 as delineated in its October 2, 2000 proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and approves the engagement of O'Brien & Gere Engineers, Inc., to provide professional engineering services to design plans and specifications to enable the Town to construct a filtration system for the Shore Colony Water District, for an amount not to exceed $7,800, to be paid for from the Shore Colony Water Supply System Capital Project Fund #117, Account No.: 117-8330-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Water Superintendent to execute any agreements and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING CONSTRUCTION OF LOW LIFT PUMP REPLACEMENTS AT TOWN WATER DEPARTMENT RESOLUTION NO. 408. 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 $358,000 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 November 6th, 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 16th day of October, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Nonc RESOLUTION AUTHORIZING TIM BURCH TO CARRY OVER ONE UNUSED DAY OF VACATION TIME RESOLUTION NO.: 409.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Tim Burch, an employee in the Town's Water Department, has requested Town Board approval to carry over one vacation day beyond his employment anniversary date, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Tim Burch to carry over one vacation day to be utilized prior to December 31, 2000. Duly adopted this 16th 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 TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY UNITED DEVELOPMENT CORPORATION TO PLANNING BOARD RESOLUTION NO. 410.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, United Development Corporation has submitted an application to the Queensbury Town Clerk's Office for rezoning of a parcel of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with Town Zoning Ordinance ~ 179-94, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for report and recommendation: APPLICATION OF TAX MAP NO: United Development Corporation 110-1-3.1 LOCATION OF PROPERTY: Dix Avenue, between Highland & Quaker Roads, Queensbury, New York APPLICATION FOR Rezoning of portion of parcel currently zoned Light Industrial- 1 Acre (LI-lA) to Multi-Family Residential- 5,000 Square Feet (MR-5) Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Res. 410 listed Town Board as lead agency... Councilman Brewer-I thought we decided that we were going to discuss possibly the Planning Board be lead agent on these things. Board agreed... Town Counsel Schachner-This resolution was written a standard resolution that we have done for years but I believe that there has been discussion about that... . Councilman Martin- We have done it once...Councilman Brewer-My only thought was they do the SEQRA eight out often items on their agenda. Councilman Martin-They have more planning... Councilman Brewer-They are going to do the site plan if there is one, it just seems more appropriate. Supervisor Brower-Shall we make a resolution to forward this to the Planning Board then? Councilman Martin-Withdrew his motion for now until we correct this. Town Counsel made the amendments to the proposed resolution... Resolution as amended was introduced and seconded... Supervisor Brower-noted that Mr. Bossolini has an option on the property along Dix Avenue opposite McDonalds it was been determined by Warren Rosenthal and others that the light industrial zoning of that particular property is not suited for light industrial zoning and would be appropriate for uses that Mr. Bossolini has proposed and there fore they do not oppose change in zone for this property and this use.. .Mr. John Bosssolini - 1322 Saratoga Lake Road, Saratoga Springs - noted that the piece in the back is more suited for a residential type project, attempting to develop senior citizen residences, will create walking paths and with the community to create passive recreation and become part of the community with our residences. Vote taken... RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY DKC HOLDING, INC. FROM LI-lA (LIGHT INDUSTRIAL - ONE ACRE) AND SR-lA (SUBURBAN RESIDENTIAL - ONE ACRE) TO SFR-20 (SINGLE F AMIL Y RESIDENTIAL - 20,000 SQUARE FEET) RESOLUTION NO.: 411. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. James Martin WHEREAS, the Queensbury Town Board is considering a request by DKC Holding, Inc. to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 93-2-20 and located south of Sherman Avenue, north of Luzerne Road, Queensbury from LI-lA (Light Industrial- One Acre) and SR-lA (Suburban Residential- One Acre) to SFR-20 (Single Family Residential- 20,000 Square Feet), and WHEREAS, on or about August 7th, 2000, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about September 26th, 2000, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about September 13th, 2000, the Warren County Planning Board recommended approval of the proposed rezoning, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, November 6th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by DKC Holding, Inc. bearing Tax Map No.: 93-2-20 and located south of Sherman Avenue, north of Luzerne Road, Queensbury would be rezoned from LI-lA (Light Industrial- One Acre) and SR-lA (Suburban Residential - One Acre) to SFR-20 (Single Family Residential- 20,000 Square Feet), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed rezoning after the public hearing at its November 6th, 2000 meeting. Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2000 TO AMEND CHAPTER 136 OF QUEENSBURY TOWN CODE ENTITLED "SEWERS AND SEWAGE DISPOSAL" ARTICLE II ENTITLED "STANDARDS" RESOLUTION NO. 412.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2000 to amend Queensbury Town Code Chapter 136 entitled "Sewers and Sewage Disposal," Article II entitled" Standards," which Local Law would require that all new septic or holding tanks installed at a depth greater than 24" below finished grade have manholes with covers installed to finished grade over the inlet and outlet covers, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on November 6th, 2000 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: _ of 2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 2000 in the manner provided by law. Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY BOATS BY GEORGE, INC. RESOLUTION NO.: 413.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Boats by George, Inc. has commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for the 1999-2000 and 2000-2001 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed these cases with Town Counsel, and WHEREAS, the Lake George Central School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of settlement of the pending Article 7 cases against the Town of Queensbury by Boats by George, Inc. for the 1999-2000 and 2000-2001 tax years in accordance with the following revised assessment values: Parcel - Tax Map No.: Tax Year: Revised Assessment Boats by George, Inc. 18 State Route 149 Queensbury, New York 12804 36.-1-37.1 1999-2000 2000-2001 $ 85,000 $ 85,000 and BE IT FURTHER, RESOLVED, that refunds, with interest, shall be paid to Boats by George, Inc. as a result of this settlement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION DEEMING OLD RECEIVABLE UNCOLLECT ABLE RESOLUTION NO. 414.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board has reviewed an account receivable in the General Fund and has determined that reasonable efforts have been made to collect the amount due and that further action is inappropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the following account receivable for technical assistance charges shall be written off as uncollectable: BILLING DATES NAME AMOUNT BILLED 7/06/98 Cartier, Scott & Debbie $ 128.75 Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION INCREASING APPROPRIATIONS IN CEMETERY FUND AND AMENDING 2000 TOWN BUDGET RESOLUTION NO.: 415.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 200.99, the Queensbury Town Board authorized the sale of a 1.2 acre parcel ofland located in the vicinity of Northway Plaza to Northway Plaza Associates, LLC for the amount of twenty-thousand dollars ($20,000), and WHEREAS, by Resolution No. 290.99, the Town Board authorized and directed that the proceeds from the sale of the parcel in the amount of $20,000 be placed into a Capital Improvement Fund for use by the Town's Cemetery Commission, and WHEREAS, the Cemetery Superintendent wishes to use these funds to fund work done for the Cemetery Department by the Town Highway Department and this is an acceptable use for the money as established by the Cemetery Commission, and WHEREAS, the Town Board wishes to transfer funds from the Capital Improvement Fund to the Operating Fund to pay for the completed work, and WHEREAS, the Town Board wishes to increase estimated revenues in Account No.: 002-0002- 2660 - Sale of Real Property by $20,000 and increase appropriations in Account No.: 02-8810-2899- Miscellaneous Capital Construction by $20,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the increase of estimated revenues in Account No.: 002-0002-2660 - Sale of Real Property by $20,000 and the increase of appropriations in Account No.: 02-8810-2899 - Miscellaneous Capital Construction by $20,000, and BE IT FURTHER, RESOLVED, the Town Board further amends the 2000 Budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Town Comptroller's Office to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 416.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, 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: ENGINEERING: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1440-4400 (Engineering) 2,100. HIGHWAY: FROM: TO: $ AMOUNT: 01-1650-4400 (Central Comm.) HIGHWAY: 01-5010-4105 (Mobile Communications) 1)00. FROM: TO: $ AMOUNT: 04-5130-2040 (Heavy Equipment) 04-5130-2060 (Tools) 527. 04-5130-4220 (Training/Education) 04-5130-2060 (Tools) 379. Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION APPROVING ESTABLISHMENT OF INDIVIDUALIZED RESIDENTIAL AL TERNA TIVE FOR DEVELOPMENT ALLY DISABLED PERSONS AT REGENCY PARK APARTMENTS, MEADOWBROOK ROAD, QUEENSBURY RESOLUTION NO.: 417.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Mental Hygiene Law ~41.34(c)(1), Community Workshop, Inc. (CWI) has notified the Town of Queensbury that it wishes to lease property at Regency Park Apartments North, Building #11, Apartment 102, Meadowbrook Road, Queensbury to establish an Individualized Residential Alternative (IRA) to serve three developmentally disabled persons, and WHEREAS, in accordance with NYS Mental Hygiene Law ~41.34(c)(1), the Town has forty days after receipt of notification to respond to CWI's request, and WHEREAS, the Town Board wishes to work together with CWI to create residential opportunities to allow people with developmental disabilities the opportunity to reside in normal community settings, close to their families and friends, while allowing normal, life-enriching experiences, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the request of Community Workshop, Inc. to establish an Individualized Residential Alternative (IRA) at Regency Park North, Building # 11, Apartment 102 on Meadowbrook Road, Queensbury, such IRA to be a community-based, 24-hour on-site supervised program to be staffed by trained counselors providing habilitation services and supervision to three developmentally disabled residents, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to Community Workshop, Inc. and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 16th 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 ENGAGEMENT OF AMTEK MANAGEMENT SERVICES CORP. TO PROVIDE HUMAN RESOURCE MANAGEMENT SERVICES RESOLUTION NO.: 418.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to engage the services of a professional consulting firm to provide human resource management services through October 31, 2001, and WHEREAS, AMTEK Management Services Corporation, in its proposal presented at this meeting, has offered to provide these professional services for the amount of $2,400 plus an additional cost of $.31 per mile for travel expenses, to be billed in twelve (12) equal monthly installments of $200 each, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of the services of AMTEK Management Services Corporation to provide human resource management services through October 31, 2001 for the amount of $2,400 plus travel expenses at $ .31 per mile, to be billed in twelve (12) equal monthly installments of $200 each, to be paid for from 2000 appropriation account #001- 1430-4720 for the months of November and December, 2000 and from 2001 appropriation account #001- 1430-4720 for all subsequent payments, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of October, 2000, by the following vote: AYES Mr. Stec, Mr. Martin, Mr. Brower NOES Mr. Turner, Mr. Brewer ABSENT: None RESOLUTION AUTHORIZING TOWN HIGHWAY DEPARTMENT TO REP AIR SIDEWALKS ALONG FORT AMHERST ROAD RESOLUTION NO.: 419.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to authorize the repair of sidewalks along Fort Amherst Road in the Town, and WHEREAS, the Deputy Highway Superintendent has advised the Town Board that the Highway Department is prepared to repair the sidewalks for the estimated amount of $7,300, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Department to repair sidewalks along Fort Amherst Road for the estimated amount of $7,300, and BE IT FURTHER, RESOLVED, that the Town Board further approves and authorizes the Town Comptroller's Office to take all action necessary to amend the 2000 Town Budget and transfer funds in the amount of $7,300 from the Sidewalks Misc. Capital Construction Account No.: 001-5410-2899 to the Sidewalks Misc. Contractual Account No.: 01-5410-4400 to fund the repair work, 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 16th day of October, 2000, by the following vote: AYES Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None ABSTAIN: Mr. Brewer Discussion held before vote: Councilman Brewer-Do we anticipate this to be done this year Ted? Councilman Turner-Yes. Councilman Brewer-questioned why this is being done now? Councilman Turner-It needs to be fixed. Councilman Stec-It is in bad shape. Councilman Turner-The trees have pushed the sidewalk up and you cannot walk on them very well. RESOLUTION AUTHORIZING EASEMENT IN CONNECTION WITH CONSTRUCTION OF SIDEWALKS ALONG BURKE DRIVE RESOLUTION NO.: 420.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 272,2000, the Queensbury Town Board authorized the Town Highway Department to construct sidewalks along Burke Drive, Queensbury, and WHEREAS, most of the sidewalks have been laid on Town property along Burke Drive, and WHEREAS, in order to complete this sidewalk construction work, the Town must first obtain an easement over property owned by John P. Burke Apartments Co., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Department to complete the construction of sidewalks along Burke Drive over property owned by John P. Burke Apartments Co. contingent upon obtaining the proper easement from John P. Burke Apartments Co., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and accepts an easement from John P. Burke Apartments Co. in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to complete and execute the documents associated with the easement, take any further action necessary to effectuate the terms of this Resolution, including payment of any necessary filing fees, and authorizes Town Counsel to file and record these documents with the Warren County Clerk's Office. Duly adopted this 16th day of October, 2000 by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None 7.0TOWN COUNCILMEN'S CONCERNS COUNCILMAN MARTIN-I think Mr. Steves brings up a very good point, I think we have got an issue there. I think we have got to get the revised zoning ordinance back from the committee up here and decide what we are going to do. COUNCILMAN BREWER-Do you suggest a meeting with them? COUNCILMAN TURNER-I think you should meet with them. COUNCILMAN BREWER-I think we should meet and ask them what they think... COUNCILMAN MARTIN-Noted that we should do something and not let it sit there. EXECUTIVE DIRECTOR ROUND-October 4th the steering committee met, and was afforded the opportunity of two more weeks to provide editorial type comments, that will expire on October 18th. We are sitting down this week with Chazen, to identify some other proofing errors in regard to district schedules and then a final draft will be back that would be the time to sit down with the committee and Town Board and have a discussion. Mid November. SUPERVISOR BROWER-Re: RFP for Attorney Services We are still working on that we plan on having that out this week. COUNCILMAN STEC-Questioned the meeting with the City, has it been set up? SUPERVISOR BROWER-Noted the Mayor is in Saga City, Japan. COUNCILMAN STEC-My only concern in both of those issues and not that I feel strongly about the RFP nor do I feel overly whelmingly that we meet in the next couple weeks but over a month ago and in some cases longer than that the genesis of both these ideas have been kicked around for a long time and I just want to make sure that they do not linger on the line. SUPERVISOR BROWER-Noted that the Mayor knows about it and said he would talk about setting up a meeting after his return from Saga City. COUNCILMAN MARTIN-I read with interest Councilpersons Saunders comments in the paper, I think we have to get beyond that and we have to get constructive and we have got to get positive. . . COUNCILMAN STEC-Re: Sick leave bank... I am comfortable with the proposal that Henry has. . . questioned what the next step is? COUNCILMAN BREWER-I would feel better if we advertised it as though we were going to have a public hearing. . . SUPERVISOR BROWER-Thanked Councilman Brewer for filling in for me at the Adirondack Stampede. COUNCILMAN BREWER-Noted it was excellent... RE: Queensbury Forest noted he was disappointed by Engineer Tom Nace. . . SUPERVISOR BROWER-Noted he had spoken with Mr. Nace and he has apologized that he was way behind. COUNCILMAN BREWER-Questioned if there was something that could be done to get this off the ground? He will not have the drawings done until the end of December, that is not what we had in mind we thought we would be in the ground. SUPERVISOR BROWER-We realistically told the residents that we would try our best to get that in the ground this year, but if we couldn't it would be next spring. I personally think I would let Nace hold onto it and finish it as quickly as he can I am open to suggestions. COUNCILMAN BREWER-I am not happy. COUNCILMAN STEC-I agree with Tim this has lingered on the vine for a long time but I see the risk in changing horses now. I am inclined to say let him finish, but I am not happy... COUNCILMAN BREWER-We had our first meeting in January, another in February, we hired him in April and here it is October, what have we got for our money? SUPERVISOR BROWER-Noted he would hesitate to hire him on another job unless there was a performance guarantee. COUNCILMAN STEC-Questioned the game plan for the rest of the year? SUPERVISOR BROWER-The Mayor sent a letter I contacted his office he was not available I told his Executive Assistant my concerns with the contract, this was simply extension number 7 of the Quaker Road Sewer District and that the buy in charge of one dollar and thirty five was fine but his letter to us should reflec the fact that he agrees to a dollar thirty five buy in and that all other conditions will revert back to the original Quaker Road Sewer District agreement that we have on file. He called back to talk to me and I was not in and then he went to Japan. We do not have that final agreement in writing but I believe that he is going to agree to it. COUNCILMAN STEC-Assuming that everything gets smoothed out with Glens Falls on this issue, can he get it into the ground and the feeling is no. SUPERVISOR BROWER-If he could find a contractor to do it he might be able to.. .it is getting late. COUNCILMAN MARTIN-Did we ever get the dollar thirty five in writing? SUPERVISOR BROWER-Yes. A dollar thirty five in writing but he did not refer to it as an extension of the Quaker Road Sewer Dist. agreement.... COUNCILMAN BREWER-Can we send a strong message to Mr. Nace? COUNCILMAN MARTIN-Lets ask Mr. Nace to supply us in a letter agreement that he is going to conclude his professional services by November 30th. ... I want the drawing in hand so we are ready to go... COUNCILMAN BREWER-Noted we may be able to save money by buying the materials this year. 8.0PLANNED DISCUSSIONS NONE 9.0ATTORNEY MATTERS NONE RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 421.2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Meeting. Duly adopted this 16th day of October, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury