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2001-05-21 REGULAR TOWN BOARD MEETING MAY 21, 2001 MTG. #22 RES. 214-229 7:00p.m. BOH 22-25 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS HIGHWAY SUPT. RICK MISSIT A EXECUTIVE DIRECTOR OF COMMUNITY DEY. CHRIS ROUND WATER/WASTE WATER SUPT. RALPH VANDUSEN BUILDING AND CODES SUPT. DAVE HATIN COMPTROLLER HENRY HESS SUPERVISOR DENNIS BROWER OPENED THE MEETING COUNCILMAN TIM BREWER LED THE PLEDGE OF ALLEGIANCE RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 214.2001 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 21st. day of May, 2001 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None 1.0 QUEENSBURY BOARD OF HEALTH 1.1 PUBLIC HEARING - SEWAGE DISPOSAL VARIANCE THOMAS BOLEN NOTICE SHOWN SUPERVISOR BROWER-Is someone here representing the applicant? Please introduce yourselffor the record. MR. THOMAS BOLEN-Tom Bolen SUPERVISOR BROWER-Your address? MR. THOMAS BOLEN-lO Stonewall Drive, Queensbury. SUPERVISOR BROWER-Mr. Bolen would you describe your project for the Board and the public. MR. THOMAS BOLEN-My system is about twenty years old and it has gotten a lot more use over the last couple of years and it needs to be replaced. I gave Dave Hatin a call to have him come and look and give some suggestion, had a couple of contractors in, came up with what is more protective the best means for correcting the problem. SUPERVISOR BROWER-Any questions ofMr. Bolen from any Board Members at this time? COUNCILMAN TURNER-The field on the front yard is going to go the length of the road to front on the road? MR. THOMAS BOLEN -Yea. It is going to extend where it is now and then go north where the original field from forty years ago was as well. COUNCILMAN TURNER-The well is in back of the house, right? MR. THOMAS BOLEN-Yea, on the opposite side of the house. COUNCILMAN TURNER-That is what creates the problem. MR. THOMAS BOLEN-We looked at another alternative but you know, I would have needed the same variance, in fact, I think it was only seventy something feet away. So, this makes the most sense it is less from my perspective, it is not going to cost me, I do not have to put a new tank in or anything if I replace what is there. SUPERVISOR BROWER-And this is closer than a hundred feet to your own well? MR. THOMAS BOLEN-Yes. SUPERVISOR BROWER-You are not affecting any of your neighbors, is that correct? MR. THOMAS BOLEN-No. COUNCILMAN BREWER-How close or far away are you from the nearest neighbors well? MR. THOMAS BOLEN-One hundred and eighty feet something like that. SUPERVISOR BROWER-Any other questions? No. Thank you Mr. Bolen, we will see if any of the public has any comment. If anyone would like to comment on this particular public hearing you are welcome to do so at this time. Is anyone here to comment either for or against the application? Ok. Seeing none, I will close the public hearing at this time and ask Board Members if they have any further questions? COUNCILMAN BREWER-I saw Dave here, is there any comment from him? BUILDING AND CODES DIRECTOR DAVE HATIN-Mr. Bolen has picked probably the best location he can, given the constraints of his property. It is an existing house, existing subdivision, really there is no way to fit the system without some type of variance. COUNCILMAN MARTIN-Do you have any knowledge of the soils there Dave? Are the gravel? DIRECTOR HATIN-It is about an eight minute perk, they are a little heavy. COUNCILMAN BREWER-Is there any kind of a, can we put some kind of requirement that if his well ever has to be redone he will make sure it is one hundred feet? DIRECTOR HATIN-By law he would have to move it to one hundred feet or come back to the board. COUNCILMAN BREWER-He has got room to do that I do not want to make him go through that now but at such time when he, maybe he will never have to do it I do not know. You would not have a problem with that? MR. THOMAS BOLEN-No. COUNCILMAN BREWER-How old is the well? MR. THOMAS BOLEN-The house is 1963 so it is an original well. COUNCILMAN BREWER-It is older than I am. That is the only thing that I had Dennis. SUPERVISOR BROWER-Ok. What is the desire of the Board? RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF THOMAS BOLEN RESOLUTION NO.: 22.2001 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Thomas Bolen filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health authorize Mr. Bolen to locate his leech field eighty-five feet (85') from his well in lieu of the required one-hundred feet (100') setback on property located at 10 Stonewall Drive, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on May 21st, 2001, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Thomas Bolen's application for a variance from the Sewage Disposal Ordinance to locate his leech field eighty-five feet (85') from his well in lieu of the required one-hundred feet (100') setback on property located at 10 Stonewall Drive, Queensbury and bearing Tax Map No.: 56-3-9. Duly adopted this 21st day of May, 2001 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Discussion held before vote: Councilman Turner-The situation on the property Mr. Bolen has is his real problem and he has pretty much done the best that he can do except moving the well and that is going to come later if that has to come. That is sufficient set back from that well, I don't care whether you say a hundred feet of not. 1.2 PUBLIC HEARING - SEWAGE DISPOSAL V ARINACE SCOTT AND CAROLE HUNT NOTICE SHOWN MR. PAUL CUSHING-My name is Paul Cushing I am the architect for Scott and Carole Clark Hunt who are the owners of the property on Sunset Lane who are interested in changing their sewage disposal system for the normal system to holding tanks for a number of reasons. The reasons are the fact that the property is very small the family originally built this residence back in 1958, 1959. The family is expanded, they are a very close family they come to the lake every summer, they enjoy the lake it is just the sewage disposal system has just gotten too small for the usage of the family. Plus the fact if you look at some of the photographs that I included in the application granted I took them in the middle of the winter but the property immediately to the west is considerably higher so the run off is right down onto the property. They understand the fact that going to holding tank situation prescribes that they can only be a seasonal dwelling. They recognize this, they accept the situation and they request thatthey be allowed to install these holding tanks. SUPERVISOR BROWER-Mr. Turner and I had the opportunity to go and visit this property and the owner was kind enough to tell us that it was a seasonal dwelling and showed us where he wanted to locate the holding tanks. It seemed to be appropriate under the circumstances; he seems to have a pretty wet lot in the front part of it. Any questions from the Board at this time? I take it the number of tanks were your recommendation Mr. Cushing? MR. PAUL CUSHING-The recommendation is based on; one the fact that the existing building has four bedrooms, the family is proposing an addition subsequent to this hearing which would expand that to five although that number is a little bit tenuous at that moment that is the reason that we are looking for five thousand gallons as opposed to forty five hundred for five bedrooms. COUNCILMAN BREWER-Do you have any intention of making it a full time residence? MR. PAUL CUSHING-The only way it could possibly be done Sir, if the Town in its wisdom and everybody else in the County puts in a municipal system that probably would be a next generation situation and they would take whatever action they might choose to do at that time. COUNCILMAN BREWER-How often do you think that these would have to be pumped? MR. PAUL CUSHING-Five thousand gallons two weeks maybe? COUNCILMAN BREWER-Every two weeks? MR. PAUL CUSHING-Something like that with the full complement of the family there, yes. It is a summer situation, they come, they go, they hope to be together for a large holidays and things of that nature, so, you know, it would not be a daily full load, for five bedrooms plus. COUNCILMAN MARTIN-I think the rule of thumb is three hundred gallons a day. Is the dwelling insulated and capable of year round occupancy, furnace and all that? MR. PAUL CUSHING-No, Mr. Martin, the existing situation has a fireplace which was originally built in the structure, the other heating appliances maybe incidental electric type things. There is no indication for that, it does not meet the energy code, in conversations with the building inspectors he said, no you do not even have to comply with the energy code when you do the addition because of the fact that it is a seasonal dwelling. COUNCILMAN TURNER-The one question I would have, laundry, are you going to do laundry in the house once you get this system in or are you going to do your laundry away from the site? MR. PAUL CUSHING-I would suspect that there would be some minimum laundry done at the site. I could not speak whole heartedly 100% for the family as to what mayor may not be included. COUNCILMAN BREWER-Where do you propose the new bedroom? MR. PAUL CUSHING-(using drawings) this is the existing second floor plan you can see this part is the roof area, we would expand over that portion of the living room to modify the whole second story. COUNCILMAN BREWER-So, you would potentially could have two more bedrooms there. MR. PAUL CUSHING-That is one of the reasons that we are at five thousand gallons Sir, and not at forty five hundred. COUNCILMAN BREWER-Is that your plan to have two, three more bedrooms? MR. PAUL CUSHING-I cannot, no, they are not, they are really shooting for five, for forty five hundred gallons. SUPERVISOR BROWER-Any further questions of Paul Cushing or Mr. Hunt, before I give the public a chance to comment? Thank you very much. We will see if any of the public would like to comment on this application. At this time I would like to open the public hearing for public comment, anyone that would care to comment of the application before us tonight? Seeing none, I will closed the public hearing and ask the Board for either further comment or a motion. COUNCILMAN MARTIN-I am not opposed to it I would just ask that, if Darleen could forward the minutes of this proceeding onto the Planning Office and the Zoning Board of Appeals should there be a zoning hearing on that extra, other bedrooms if it comes to that so they have a record of what was put forth here. That is the only thing I would offer. Planning Board or Zoning Board whatever the case may be. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR SCOTT AND CAROLE HUNT RESOLUTION NO.: 23.2001 BOH INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Scott and Carole Hunt previously filed an application for a variance from the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, ~ 136-11(B), which requires applicants to obtain a variance for all holding tanks and the applicants have requested a variance to allow a holding tank on their property located at 15 Sunset Lane, Assembly Point, Lake George in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on May 21st, 2001, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Scott and Carole Hunt for a variance from the Sewage Disposal Ordinance to allow a holding tank on property situated at 15 Sunset Lane, Assembly Point, Lake George in the Town of Queensbury and bearing Tax Map No.: 8-9-7. Duly adopted this 21st day of May, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DAVID AND JANE HOPPER RESOLUTION NO.: 24.2001 BOH INTRODUCED BY: Mr. James Martin 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, David and Jane Hopper have applied to the Local Board of Health for four (4) variances from Chapter 136 to allow: 1. a septic system to be located ninety-two feet (92') from their northern neighbor's well in lieu of the required one-hundred feet (100') setback; 2. a septic system to be located fifty-seven feet (57') from their southern neighbor's well in lieu of the required one-hundred feet (100') setback; and 3. a mound system to be located zero feet (0') from an open drainage ditch in lieu of the required twenty feet (20') setback; and 4. a mound system to be located zero feet (0') from the property line in lieu of the required ten feet (10') setback; on property located at 35 Hannaford Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 4th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider David and Jane Hopper's septic variance application concerning their property situated at 35 Hannaford Road, Queensbury (Tax Map No.: Section 19, Block 1, Lot 8) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 21st day of May, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION ADJOURING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 25.2001 BOH 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 its meeting of the Queensbury Board of Health. Duly adopted this 21st day of May, 2001 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None TOWN BOARD REGULAR SESSION CONTINUED 2.0 PUBLIC HEARINGS 2.1 WEST GLENS FALLS VOLUNTEER FIRE COMPANY INC. - PURCHASE OF (l) 2002 CUSTOM ENGINE TANDEM EXLE TRUCK NOTICE SHOWN SUPERISOR BROWER-Requested that the representatives of West Glens Falls Vol. Fire Company introduce themselves. Representing West Glens Falls Volunteer Fire Company Peter Harrington Director of West Glens Falls Volunteer Fire Company John Carpenter Chief of West Glens Falls Volunteer Fire Company COUNCILMAN TURNER-How many structure fires did you have last year? MR. JOHN CARPENTER-Confirmed structure fires we had approximately working structure fires I believe was in the neighborhood of I am going to say ten to twenty of working structure fires. SUPERVISOR BROWER-Your proposal is to purchase a truck for four hundred thirty thousand dollars and to replace a thirteen year old fire truck is that correct? MR. JOHN CARPENTER-That is correct. COUNCILMAN STEC-What truck number was that again? MR. JOHN CARPENTER-It was engine 312 we are replacing. COUNCILMAN STEC-312. SUPERVISOR BROWER-Any questions at this time for Mr. Harrington or Mr. Carpenter? COUNCILMAN TURNER-One question I would have is have you got a price on the engine to replace, have you got a price from somebody on the engine to replace? MR. JOHN CARPENTER-On the sale of it, Ted, no we have not. We are looking at an approximate price of anywhere from fifty to sixty five thousand. COUNCILMAN TURNER-Is that realistic? MR. JOHN CARPENTER-Yes, that is realistic. SUPERVISOR BROWER-What is your proposed debt structure, currently? MR. PETER HARRINGTON-The debt structure that we have had numerous conversations with you on, we have agreed to a twenty year purchase agreement. In the Town resolution that I have in front of me it says lease purchase, we would like that, it is not a lease purchase, it is a purchase agreement. There was one other exception in the resolution that you have in front of you. I know that the blank years would be replaced by twenty years and the price, the approximate price that we are looking at is four thirty and for some reason down in the where they came into financing they brought four twenty three. So, we just need to change that also to four thirty and then everything would be in line as far as the resolution is concerned. Along with that it would not require us to open our Town Contract until our new one would take effect in 2003. The sale of the old truck would cover any price or purchases that we would make for 2002 we would not have to ask the Town for any money for that to make the payments until 203 new debt service kicked Ill. COUNCILMAN MARTIN-Are you guys going to come back and talk to us this sununer about a vehicle replacement program? MR. PETER HARRINGTON-Yes, we are. COUNCILMAN MARTIN-I know how much you are going to enjoy that. SUPERVISOR BROWER-Is there a reason four twenty three was used in this resolution, did you have a COMPTROLLER HENRY HESS-I was dealing with my cost estimates offour hundred and thirty, I think something early on, we had a price an estimated price of four twenty three but I, we have been dealing with four hundred and thirty thousand. COUNCILMAN STEC-One question I am sure a lot of us have, someone says we might be a little early on the fifteen to twenty year window but I recall you saying before that there was an advantage with regards to emissions and the savings there? Can you explain that again. MR. PETER HARRINGTON-That is an expected fifty to sixty thousand dollars add on the price once the new emission standards kick in for the diesel engines and they are excepting that to be sometime during the summer we are trying to get under that window in order to save that on the purchase price of the cost of the truck. COUNCILMAN STEC-So, you are saying by being a year or two early we are avoiding a one time additional fifty or sixty thousand dollars. MR. PETER HARRINGTON-That and also we do have a lot of trucks and a tight window this will help us to open that window and stagger the replacement of the trucks on a more staggered basis then having them all lumped together in a close window of five to ten years. COUNCILMAN BREWER-What number truck did you say you were replacing? MR. PETER HARRINGTON-Engine 312 We are also replacing this with a front line pumper which would be one of the first out engine and then when 311 is our next engine due to being replaced will be replaced with a secondary pumper which will not be as extravagant of a price as is it will be a little down sized it will be a secondary pumper so the cost will not be as large when we go to replace that one in the future. COUNCILMAN BREWER-I would just like to make a comment that the Town had a Propers Fire Tech. Associates study done in June of 1987 in that report on page 26 is says West Glens Falls there are three pieces of apparatus due or coming due for replacement they are listed in order of priority. Engine 313, Engine 312 and Engine 314 that was in 87' it is now 2001. So, I think there was some thought given to it back in 87' and I think you guys are doing a pretty fair job of putting your numbers together and that is all I am going to say right now. I will wait for more comments. COMPTROLLER HENRY HESS-May I ask a question about what is the year of the truck that you are trading in? MR. JOHN CARPENTER-1988 COMPTROLLER HENRY HESS-That was a different 312 if that was issued in 1987 because this truck was not produced until 1988. COUNCILMAN BREWER-Good point. COUNCILMAN STEC-You have more than one 312? MR. JOHN CARPENTER-Yes. COUNCILMAN BREWER-What was the 312 then? MR. JOHN CARPENTER-That was a 1962 Maximum. COUNCILMAN BREWER-All right you replaced it in? MR. PETER HARRINGTON-On the replacement schedule the MMA report does make note of that, a fifteen-year window for replacement highly recommended, twenty years if you do some refurbing on the apparatus to get the extra years out of them. COUNCILMAN STEC- Y ou are referring to the MMA report of March 1996. COUNCILMAN BREWER-Page 67 the one that says they recommend fifteen year replacement as the most practical. MR. PETER HARRINGTON- Yes, under the study that the Town Board at the time had done for them by this agency. COUNCILMAN BREWER-Done in 96'. COUNCILMAN MARTIN-That is the most recent one that we have. COUNCILMAN STEC- That was pretty expensive as I recall. MR. PETER HARRINGTON-Up over thirty thousand dollars I believe for the report. COUNCILMAN STEC-I heard nineteen. It was a lot of money. Thanks to Dave Hatin for running that down for us today on such short notice. West Glens Falls is the only Fire Department in the Town that does not have a vehicle capital fund. MR. PETER HARRINGTON-Correct, back when we got out new building back in 1995-96 when we were working on getting our new building and formulating that as part of the agreement to go to the debt service for our building we had to give up our truck fund at the time. COUNCILMAN STEC-What year was that, that disappeared? MR. PETER HARRINGTON-l 996, our last vehicle replacement fund or vehicle truck fund was given to us in our 95' contract; from 96' on we have not had one. Had that been in there, there would be enough money to pay for the truck upon receipt of the truck. COUNCILMAN STEC-Because I see in here I mean again this MMA report is dated March 1996 again on page 67 recommendations 65 establish a capital replacement program for fire apparatus so it kinds of befuddles me how in the same year that we had a recommendation from a nineteen thousand dollar report to have a capital fund for fire apparatus we did away with one in West Glens Falls? SUPERVISOR BROWER-Could you explain how that happened, Pete? MR. PETER HARRINGTON-That was the Town Board at the time that was sitting, that was their desire to do in order for us to have our debt service approved for our new building. SUPERVISOR BROWER-I had heard that it was volunteered by the company for the approval of the new firehouse. Not true. MR. PETER HARRINGTON-Exactly what I am saying, if we had not given that up we would not have had our mortgage approved. In order to get something we had to give something back. Now it is coming back to haunt you and us and the taxpayers at the same time. COUNCILMAN MARTIN-To be quite honest about it, the reason why not much is made of this study is because a lot of things in here people do not want to hear. COUNCILMAN STEC-Yea, the same thing though March 1996 recommendations 6-1 page 56 long range capital plans should be developed for the construction of two new fire stations. They talk about Bay Ridge Station Number One and West Glens Falls Station Number One. So, the same report that is referring to the need for two new fire department building and a capital fund but yet somehow we ended up trading one off for the other that does not make any sense to me. MR. PETER HARRINGTON-It didn't to us at the time either, but you have to work with what you are gIVen. COUNCILMAN STEC-I hear you, it is not your fault, it is not my fault. COUNCILMAN MARTIN-I also read in here it says on page 74 on the chart of apparatus that identified number 313 the pumper, I am probably mixing terms there, but that is also on a very similar replacement cycle is that still the case? MR. JOHN CARPENTER-That was the truck that we had replaced with a tower 13 a second aerial device in the Town. COUNCILMAN MARTIN-Then it is once we do this one according to this chart and I do not know how much up to date it is anymore you should be you know at least a couple years here before... MR. PETER HARRINGTON-Yes, our next engine due to be replace would be 2007. COMPTOLLER HENRY HESS-You have been provided in an earlier packet an up to date schedule of the ten vehicles and their year of replacement. SUPERVISOR BROWER-Any further questions from the Town Board? In that case thank you gentlemen, we will open this up to public comment. At this time we would like to ask members of the public if they would like to comment on this particular public hearing for a new fire truck? Mr. Tucker MR. PLINEY TUCKER-Pliney Tucker Division Road, Queensbury I was a member of the Board that put the deal together with West Glens Falls over their building. It seems like everybody forgets to mention that they were purchasing their own vehicles. They were not using town funds to purchase their vehicles. The talk at that time was, they were taking on a big responsibility even though they did not owe any money at that time. What took place was we went over the schedule of replacing the trucks and the people that were in charge at that time the first truck to be replaced was 2006. We requested how they were going to do that and the people then, stated that Bingo money was going to buy the vehicles. So, their truck fund was not taken away from them the truck fund was transferred to make the mortgage payments on the new house. Now that I am here and I have some other information, I think you two gentlemen have the same information. COUNCILMAN STEC-We had to do a little detective work to find it fortunately a few people told us about this report existence and we asked for it this morning and we were able to get it. MR. PLINEY TUCKER-I am just telling you that, for the last two or three meetings I have set here and it sounds like Mr. Champagne's Board you are trying to make out as being bandits and we were not bandits. COUNCILMAN BREWER-Absolutely, not. We are just making a statement Pliney, my position is the fire company, they are volunteers, they went out, they earned their money they bought their vehicles they never asked the Town for a dime now they are in need of a truck that they feel, I am not a firemen so I do not know, they feel is necessary to fight fires. The way I see it is, all right, the Bingo money that they made and volunteered their time for and paid for their vehicles god bless them, there is no other company in this town that did that. All the other companies took money from the Town and as well they should have it. All I am saying is West Glens Falls has gone out and busted their butts to get trucks and never asked this town for a dime. Now, they are coming to the Town when they need a truck and when they financially are able to do it with our help there are people that are walking away from them. All I can tell you if there is a fire at my house I know danm well they will be there in two minutes. I do not want to stop them. If we stop them, are we willing to pay for a fire company? If we are we are talking a hell of a lot more than four hundred thousand dollars. COUNCILMAN MARTIN-All I got to say Pliney I went to a lot of those board meetings back in those days and just speaking for me personally as a personal observation matter of personal perception I observed a bias by several members of that Board against the fire companies month after month after month. It was essentially big boys with toys. It is just my personal perception. In my personal opinion I think a lot of motivation behind this study was there was some hopes that it was going to show that we were way over equipped and too many buildings and too big buildings and when it came back and said the exact opposite they did not like it, it was buried. MR. PLINEY TUCKER-I do not think that you have seen any bias as far as the firehouse at West Glens was concerned. COUNCILMAN MARTIN-That was after I left, I was here during the time that preceded this study and led up to it and that is just my personal observation having been at the workshops and been at the Town Board Meetings I saw it. That was even before you were on the Board again your second time around. MR. PLINEY TUCKER-Pardon COUNCILMAN MARTIN-That was even before you were on the Board, again. MR. PLINEY TUCKER-But, there was no bias on the Board as far as allowing them to have their new firehouse. COUNCILMAN MARTIN-See that very term, allow, it is a matter of need, this is one of the most important services we supply in this town and I think to a large extent we have taken it for granted for a long time we have taken for granted the in expense in which it is supplied. COUNCILMAN STEC- To add to what Jim is saying though Pliney over the years there has been more and more regulations mandating certain training and certain certifications and certain what not and MR. PLINEY TUCKER-I understand COUNCILMAN STEC-at what point does the community step up and say, enough is enough we have gone to this well enough already we do not need to have these guys panhandling at coin drops to pay for fire apparatus, especially when there are four other departments in the same town that are getting it from the Town. That is a disincentive for anyone to go out and raise money. MR. PLINEY TUCKER-I agree with you I am just trying to clear the air that we weren't. COUNCILMAN MARTIN-I appreciate what you are saying. COUNCILMAN STEC-It has gotten more expensive. The State used to support, used to subsidize or used to help pay for fire suppression in the Counties, they dropped that and pushed that all on the local taxpayers. The State used to pay for fire fighting costs and they don't anymore. So, that is why we are seeing these costs come up and rise in the Town. There is only so much you are going to raise from Bingo. MR. PLINEY TUCKER-Well, I guess you got your mind made up. SUPERVISOR BROWER-Would anyone else care to address the Board at this time? MR. JOHN WELLS-John Wells, President of the West Glens Falls Company. As Co-Chairman of the Committee when we did our building I just want to clear the air of a few comments that Mr. Tucker made. Number one we were told that we were going to give up our truck fund to get the building period. We had no choice in that what so ever. Additionally we offered to lower the mortgage costs to knock off the bingo hall as part of our building. The Board at that time said absolutely not. We would have saved four hundred thousand dollars in the cost of that mortgage when we built that building, we were willing to do that the Board at that time said no. So, the increase in the mortgage right now is there because of the previous Board. At that time Mr. Tucker was not on it, it was Carol Pulver was our representative at the time. Additionally the Board was not so concerned about the apparatus to be purchase or the service we provided they were worried about the sidewalk we had to put in front of the building to get t approved, adding another thirty to forty thousand dollars in costs on that building. COUNCILMAN BREWER-I do not think that we are pointing fingers at anybody to say who did what we are just saying it is a fact of life. You guys worked to get what you have into where you are and we have never gIVen you any money. MR. JOHN WELLS-I just wanted it on the record. COUNCILMAN BREWER-We understand that and appreciate it, we are just saying that, that is what I am saying is you guys have come to us, you show a need, you show a desire to pay for it and you volunteer your time and for me that's. COUNCILMAN MARTIN-The only way I am approaching this is like a lot of other things in the State, there are guidelines there are mandates to follow a lot of it is contained in here this is a technical service that is being provided we are contracting for it and it needs to be provided in a certain manner. That is the way I approach this, it is not a personal bias, I read what an independent group came in and studies and said. It is that simple. If you want to start looking at this from a budgetary function lets start looking at a paid service and see what that costs. COUNCILMAN STEC- To add again Jim, we paid a lot of money to have that other group come in here and tell us where we stood. I just think it would be fool hearty to disregard. COUNCILMAN MARTIN-That is my point, I think in the past it has been too often times looked at from a personal point of view or personality that entered into it. This is a technical service a very important one that is supplied and it should be viewed from that standpoint. SUPERVISOR BROWER-Would anyone else care to address the Board? Mr. Mellon? MR. CHIP MELLON-Chip Mellon, Bay Ridge Fire Chief The vehicle that West Glens Falls is proposing to purchase meets additional safety standards, including an enclosed cab for protection of all firefighters, which is something that is required by I believe NFP Standard 1901. The current truck that they are replacing has an open cab in the rear and doesn't protect the firefighters in the event of collusion or other event, similar to that. This new proposed apparatus can also provide rehabilitation for the firefighters. With that said and due to the fact that West Glens Falls is a viable asset along with the other four departments in the Town of Queensbury, Bay Ridge Fire Company would like to support the purchase of this apparatus as it will be available for the entire Town of Queensbury including the Bay Ridge Fire District as well as West Glens Falls. Thank you. SUPERVISOR BROWER-Thank you. Would anyone else care to address the Board at this time during the public hearing? Ok at this time then I will close the Public Hearing, the public comment period of the public hearing and ask the Town Board Members if they have further comments? I have got to share my feelings, I know that the Board has heard this before, but, one of my greatest concerns replacing a vehicle that is only thirteen years old. Quite frankly, I would rather see the company go a couple of more years before it would consider replacement of this vehicle. However, I am looking at their replacement schedule too and it is, they have schedule 312 for two thousand two, III for two thousand four another vehicle two thousand four and two more vehicles in two thousand seven. I guess one of my concerns is the affect that this is going to have on our budget in the future, budgetary considerations. Henry do you have any projection on the twenty-year financing what it will do to our Fire and EMS rate? COMPTROLLER HESS-I did not check it out, there are a lot of variables as to how it will affect the tax rate and you know, the tax rate has to be looked at in terms of all the companies that you support. The debt, this debt for twenty years will require a debt service payment of around thirty six thousand dollars in two thousand and three and I just calculated that to about, that represents eleven percent increase of this fire companies budget over what they would be spending this year. More so than just this vehicle, looking at it that this company has ten vehicles, with what I consider to be a gross estimated replacement cost of around two million five based on information that was provided by the fire company. Taking these calculations of scrap value of about fifteen percent on average who knows what it will be, that makes a net estimated replacement cost over the life cycle of the fleet, two million one hundred and twenty five thousand, half of the vehicles are less than twenty year vehicles. I am justusing a ten year life cycle cost the other half are big vehicles which we consider twenty year life cycle. The cost to maintain the fleet on that basis if you were going put an equal amount of money aside every year without inflation and without allowing interest on debt service it would be about one hundred and fifteen thousand dollars a year. So, while the two thousand three budget will require thirty six thousand dollar appropriation to make the debt service payment the fact is the long term cost of replacing that fleet of ten vehicles would be about a hundred and fifteen thousand dollars a year when it all kicks in. COUNCILMAN MARTIN-That would put us on a regular capital program for replacement? COMPTROLLER HESS-Based on the information that we have today and I do not know how that .. SUPERVISOR BROWER-That is just the one company. COMPTROLLER HESS-The one company. COUNCILMAN MARTIN-But the real pain here is that we, the other companies are on a replacement program and that is factored in and this is all new costs, correct? COMPTROLLER HESS-The other companies they are not at full replacement amortization but they have partial, yes. COUNCILMAN STEC-Now, Henry though if the price of this truck goes up by ten percent due to the new admission standards what will that impact on the present value of this purchase decision. COMPTROLLER HESS-I do not know you know, you are talking about if you were to do that I do not know which you would be talking about doing it next year or would you talk about doing it in three or four years, I do not know the answer to that. COUNCILMAN STEC-Four hundred and twenty three thousand dollars today or four hundred and seventy five thousand dollars next year. COMPTROLLER HESS-This is a transaction that is a little unusual because we really did not get a spec on the vehicle so I do not know what we are buying and what the cost breakdown is. We have not seen any specs, nor even a firm purchase price. COUNCILMAN BREWER-Right so their best guess is estimates, offour hundred and thirty. COMPTROLLER HESS-That is a little bit unusual. COUNCILMAN STEC-Well, Dennis I thought you brought up a couple of good points, and following this public hearing but it has got me scratching my head why you voted against setting the public hearing two weeks ago. SUPERVISOR BROWER-Because I did not support the purchase of the truck and I did not feel that it should go to public hearing, that is why. But, now we are in public hearing and I expressed my views very clearly I thought at the time, basically I think it is too early. I think that the fire company does a terrific job but I think you have to hold onto your trucks longer than thirteen years. As a matter of fact, I think that they should be longer than fifteen years, even to be frank with you. Specially since there is no mechanical problem with this particular vehicle that I am aware of. And that is just my personal feeling, so I really believe I am in the minority on this discussion so I do not see the value of prolonging it to that purpose. MR. PETER HARRINGTON-I am very familiar with how you feel, if we were to wait for a fire truck to have mechanical problems that maybe when we are on route to some bodies house. That is not the time to replace it. The time to replace it is before it is giving you problems. You do not want to sit there with emergency vehicle off the road because there is problems with it and they do not get fixed over night. It is not like taking your car into the shop and having it fixed in a day. It takes more than a day if it has mechanical problems. That would cause us to be one truck deficient in our service to our community that is what we are here for. So, for us to wait until it had trouble that would not, I do not think that would be wise for us or for the town. Another thing is for us when we replace this vehicle it will be fourteen years old in 2002 it is only one year ahead of the fifteen-year schedule for vehicle replacement. As far as we are concerned we have in the past used our own funds to help replacevehicles we have not solely relayed on our own funds to replace vehicles. Up until 1995 in our contract every year we had vehicle replacement funds in there, it was just eliminated so for us to say that we had bought all of our trucks we hadn't. We have helped with the purchase of those with town funds with our own funds. SUPERVISOR BROWER-I think you have done a commendable job to and I do believe you should have a vehicle replacement fund. I think we have got to reinstate that because otherwise we are going to be in a real pickle no doubt about it. COUNCILMAN MARTIN-I think we are already. We are going to try and minimize the pain here but going from zero to a hundred and seventeen thousand dollars a year is not going to be painless. SUPERVISOR BROWER-Thank you Pete. Any comments from other Board Members at this time? Ok. In that case I will close the public hearing. Discussion held before vote: The following modifications to the resolution were made: 1. remove the word Lease in the document 2. financing terms amount to be $430,000 throughout the document...Agreed to by Mr. Brewer and Mr. Stec as amended. Councilman Brewer questioned if the Board was in agreement for a 20 year financing? Mr. Harrington noted that the company had brought up different financing arrangements from five to twenty..The interest on the twenty-year loan was about three hundred and twenty five thousand dollars as opposed to seventy five thousand dollars on a five year loan. Supervisor Brower, you expect this truck to last twenty-five years. Mr. Harrington-yes. Councilman Martin-My only thought on the twenty years, if we are going to try to plan for a vehicle replacement fund you have other things to absorb. Mr. Harrington-this would be the wisest way to go. Councilman Martin- Keeping the annual costs low ..Mr. Harrington-helps to minimize the impact. RESOLUTION APPROVING PURCHASE OF ONE (1) 2002 CUSTOM ENGINE TANDEM AXLE TRUCK BY WEST GLENS FALLS VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 215.2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc., (Fire Company) have entered into an Agreement for fire protection services which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company wishes to replace its 1988 Saulsbury Truck by purchasing one (1) 2002 Custom Engine Tandem Axle Truck for the approximate sum of $430,000, and WHEREAS, the Fire Company plans on selling its 1988 Saulsbury Truck and using the proceeds to cover payments for the new truck purchase from the time of tentative delivery until a new fire protection services agreement with the Town takes effect in 2003, with any additional proceeds from the truck sale being deposited back into the restricted vehicle fund, and WHEREAS, the Fire Company plans to enter into a Purchase Agreement with a local commercial bank or another authorized financial institution offering the best financing terms for $430,000 for a term of 20 years at a competitive market interest rate commensurate with the Fire Company's tax exempt status, and WHEREAS, on May 21st, 2001, the Town Board held a public hearing, heard all interested persons and the Town wishes to facilitate the financing on behalf of the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the purchase of one (1) 2002 Custom Engine Tandem Axle Truck for the approximate sum of $430,000 by the West Glens Falls Volunteer Fire Company, Inc., with the understanding that the Fire Company will sell its 1988 Saulsbury Truck and use the proceeds to cover payments for the new truck purchase from the time of delivery until a new fire protection services agreement with the Town takes effect in January 2003, with any excess proceeds from the truck sale being deposited back into the restricted vehicle fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the incurring of debt on the part of the West Glens Falls Volunteer Fire Company, Inc., secured by a lien on the purchased fire truck, in an amount which is the lesser of the purchase price of the truck or $430,000, for a 20 year term at a competitive market interest rate commensurate with the Fire Company's tax exempt status provided, however, that the Town Board shall not and does not by this Resolution create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing. Duly adopted this 21st day of May, 2001 by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec NOES Mr. Brower ABSENT: None 2.2 J&J MANAGEMENT ASSOCIATES - CHANGE OF ZONE FOR RR-3 ACRES TO HC-IA HIGHWY A COMMERICLA ONE ACRE NOTED PUBLIC HEARING WAS CLOSED AT THAT LAST MEETING ATTORNEY LAPPER-The Board stopped before voting last time because you wanted Chris to investigate some compromises in doing a little more restrictive zone which we are completely comfortable with. COUNCILMAN MARTIN-This little chart you handed out to us tonight? Colunm B represents or attempts to reflect the nature of the last conversation about maybe getting some sort of conditional approval where they modify Highway Commercial Zone that would restrict some uses? EXECUTIVE DIRECTOR ROUND-That was not drafted for that purpose. You have in front of you one is a spread sheet showing a sununary of allowed uses in a our proposed zoning ordinance so it is difficult to compare this proposal because our current zoning ordinance you have been handed text from our Neighborhood Commercial Zone and our Highway Commercial Zone. The spreadsheet that identifies what is proposed under the new ordinance and Jim you had identified several uses that you thought should be stricken from the Highway Commercial Zone and have that in front of me. Those uses for a multi function department store, public parking garage, drive in theatre, fast food restaurant, day care facility, auto repair, auto sales and motel. Looking at both of these it just gives you an example of what would the Neighborhood Commercial allow if it were, Neighborhood Commercial does not allow boat storage facility. One of the alternatives that you were entertaining is, well let's modify the Neighborhood Commercial Zone toallow boat storage. ATTORNEY LAPPER-Boat sales is what we are interested in. EXECUTIVE DIRECTOR ROUND-That is not a, that is not a proposed use that would be allowed under our proposed zoning ordinance so we steer you away from that alternative. The Highway Commercial Zone under our current regulations and our Neighborhood Commercial are distinctly different so we would prefer that you look at a Highway Commercial list and if you wanted to condition this particular project then you would go through and eliminate those things that you found controversial or less than acceptable. ATTORNEY LAPPER -We are completely comfortable with that resolution we are just looking for commercial boat sales, we are not looking for all those other uses that Jim mentioned. EXECUTIVE DIRECTOR ROUND-Just to refresh the Board's memory, this is Highway Commercial Zoning, adjacent to the existing property. The concern was that this is going to allow a single property probably it would be the largest property that would be zoned Highway Commercial in this area and therefore the site restrictions that have prohibited all the Highway Commercial uses being located in this area would now be relieved and the concern is that you would have a wide list of uses that may occur here. ATTORNEY LAPPER -Chris just to clarify since we are only asking for one point eight acre even though we have like eleven acre parcel we are talking about one acre existing Highway Commercial plus one point eight so two point eight, you are correct it is still probably the largest ..around but we are not asking for the whole parcel. Just to make sure that the Board is clear. Tomjust pointed out that the hardware store has six acres Highway Commercial. EXECUTIVE DIRECTOR ROUND-The reason it is difficult for us to analyze what is in the existing ordinance vs what is in the new ordinance is the Highway Commercial Zone are under our old ordinance it lists all these uses, it lists what we under our new ordinance are categorizing is just regular retain uses. Where you list hardware store, stationary store, meat store, you know, clothing apparel store, jewelry store, travel agency we are trying to be more flexible in the new ordinance and we would not go through an exhausting list of uses because we run into the problem. lif you don't identify a use as an allowed, it is prohibited and so we would rather have a broad category of uses based on impacts whether it is traffic or visual esthetics rather than go through go some kind of exhausted listing. It is difficult to do that side by side. You do have that list in front of you so you could go through and delete uses. I concur with Jim; I think the ones that you pulled out are probably things that you do not want to see in this particular area of the town. COUNCILMAN BREWER-I think I asked you this before, why wouldn't you try and get a variance if that is the only use that you want? ATTORNEY LAPPER-Because we have an existing zone next door that the property has a zone line in the middle of the property so it seems like a zoning fix to expand a zone to include more of the property rather than to make a hardship argument. Not that we couldn't make a hardship argument because this has been on the market for four years, vacant but it just seemed more appropriate to deal with it as a planning issue when you have a zone line cutting the property. COUNCILMAN MARTIN-I will chime in my ...using your list Chris, and these are and I understand what is going on, these are the proposed zoning district in the new draft zoning ordinance, correct? EXECUTIVE DIRECTOR ROUND-Correct. COUNCILMAN MARTIN-I guess if we were to say Highway Commercial given the fact that we do not have that ordinance in front of us in place, I would say this modified Highway Commercial is close but I would take off Auto Body Repair Shop, then I would add Convenience Store with gasoline sales, I would take off Gas Station, COUNCILMAN BREWER-What numbers are they Jim? COUNCILMAN MARTIN-I am saying remove number 5, number 19, number 23, number 24,34, and 35, for the benefit of the public who does not have the list and the numbers I would say removal, Auto Body Repair Shop, Gas Station, Motel, Movie Theatre, Self Storage Facility, and Shopping Mall Plaza. I would add, I would say Convenience Store with Gasoline sales. But the other businesses their, I think, personal service business, professional office and the restaurant, retail business, seasonal produce stand, they used to have a seasonal produce business up there a couple of years ago when Jim Weller owned it. EXECUTIVE DIRECTOR ROUND-If you would look at the Highway Commercial list that you do have the other listing, this is our existing ordinance which is this format, just go through that same exercise with that list that would be helpful. Page three starts the listing of the type two. COUNCILMAN MARTIN-Ok. Even on page two, I would say Multi function department store would not be a good thing, and then starting on page three at the bottom, public parking garage, gasoline station, drive in theatre, amusement center, auto repair and body shop, automobile sales and service, commercial boat storage only out of that list, farm and construction equipment sales and service, mobile home sales, car wash, fast food restaurant dinner or bar, motel, hotel, Inn or Lodge, those are the ones I would think are somewhat problematic. SUPERVISOR BROWER-Well you got a lot more than you are asking for. ATTONREY LAPPER-That seems like a reasonable compromise we are trying, we have an existing lot with a vacant big building that needs to get put in service and that seems like a reasonable compromise. COUNCILMAN BREWER-The simplest thing to do would be to put the special use permit into the RR3A instead of taking everything out and inserting one thing. Why not just insert one thing... COUNCILMAN MARTIN-You have RR3A all over the place you going to put in boat, I do not think that would be good. COUNCILMAN BREWER-Only with a special use permit. ATTORNEY LAPPER -Tim we are asking for a sort of unique relief... COUNCILMAN BREWER-I understand exactly what you are asking for John but we are creating a zone, or its own for one use on one piece of property in the whole Town. ATTORNEY LAPPER-I think it is just a unique situation with that Neighborhood Commercial Zone you got all those commercial uses at a big intersection and we got the existing Highway Commercial sitting right there. COUNCILMAN BREWER-That is why I think the variance is more appropriate than the rezoning, just my own opllllOn. SUPERVISOR BROWER-But, the qualifications are much harder to obtain through a variance that is the problem. COUNCILMAN BREWER-But, maybe it should not be there. I understand your point that is it right across the street so how do you, that gives them good grounds for a variance. ATTORNEY LAPPER -We just ask you to approve it so that we can get going with the project and I think it is good for the neighborhood and none of the neighbors complained. COUNCILMAN MARTIN-I think all factors considered that it is a kind of a special area of the Town it is Rural but yet it is commercial due to the high traffic. We are at a point at sometime when we have a new zoning ordinance, essentially on the threshold of it and it even speaks to developing these types of uses at this corner as I recall in the Comprehensive Plan. Again, I think we are trying to in the absence of the new zoning ordinance being fully in place we are trying to do our best as best we can given this point in time we are at. I agree with you Tim it is not the preferred approach but with all those factors considered I think it is the best we can do. SUPERVISOR BROWER-Do you have anything further to add at this time? ATTORNEY LAPPER-Unless the Board has any more questions of us? SUPERVISOR BROWER-Anymore questions before we? COUNCILMAN MARTIN-Suggested that the Board do the Environmental Assessment Form: With the understanding that we are trying to do this under the limited set of uses. SHORT ENVIRONMENTAL ASSESSMENT 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, Part 617.6? 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 or intensity of use of land or other natural resources? The proposal is an attempt to be in keeping with the officially adopted plan. C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? No C6, Long term, short term, cumulative, or other affects not identified in C l-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 Discussion held before vote: Councilman Martin seconded the motion with the limited as outlined in the prior discussion. Attorney Schachner-At the end of the second Resolve I would suggest add but without the following as allowed uses and then take the list...Attorney Lapper noted this resolution goes to the whole eleven acres parcel you corrected it when you did the notice but it did not get into the resolution it is only a 1.8 acre portion of this tax map number. Councilman Martin indicated that he would like notation made as well. Attorney Schachner so in the same resolved in the second line to say to rezone 1.8 acre portion of the property owned...Agreed to by the Town Board as amended. RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY J&J MANAGEMENT ASSOCIATES, INC. LOCATED AT 3231 BAY ROAD, QUEENSBURY FROM RR-3A (RURAL RESIDENTIAL - THREE ACRES) TO HC-IA (HIGHWAY COMMERCIAL - ONE ACRE) RESOLUTION NO. 216.2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board is considering a request by J&J Management Associates, Inc., to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 48-1-26 located at 3231 Bay Road, Queensbury from RR-3A (Rural Residential - Three Acres) to HC-IA (Highway Commercial - One Acre), and WHEREAS, on or about March 19th, 2001, 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 April 17th, 2001, 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 April 11th, 2001, the Warren County Planning Board considered the proposed rezoning and also recommended approval of the application, and WHEREAS, the Town Board duly conducted public hearings concerning the proposed rezoning on May 7th and May 21st, 2001, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Short Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone a 1.8 acre portion of property owned by J&J Management Associates, Inc. bearing Tax Map No.: 48-1-26 located at 3231 Bay Road, Queensbury from RR-3A (Rural Residential - Three Acres) to HC-IA (Highway Commercial- One Acre) but without the following allowed uses: Multifunction department store Public Parking Garage Gasoline Station Drive in Theater Amusement Center Auto repair and body shop Automobile sales and service Commercial boat storage Farm and Construction equipment sales and service Mobile home sales Car wash F ast -food restaurant, diner or bar Motel, hotel, inn or lodge and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance Article XIII and Town Law ~265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk's Office. Duly adopted this 21st day of May, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, NOES Mr. Brewer ABSENT: None Discussion as voted upon: Councilman Martin and in recognition of the recommendations from our Planning Staff and the Planning Board. yes Councilman Brewer-No with the proviso of discussion of topics discussed earlier. 2.3 BAY RIDGE VOLUNTEER FIRE COMPANY, INC. - AMENDMENT TO AGREEMENT NOTICE SHOWN MR. PAUL PONTIFF -Mr. Paul Pontiff on behalf of Bay Ridge Fire Company and Chief Mellon the Chief of the Fire Company. In connection with a revision of the existing Fire Company contract I would like to point out just as a matter of history that the contract that exists now was signed in March of 2000 along with the other four companies in the Town of Queensbury. In that contract was a provision of re-opener to allow Bay Ridge to explore the possibility of the construction of a new more centralized more efficient fire station. In addition there was a provision for a allowance for some of the costs leading up to that including soft costs such as title searches and surveys and architectural study and so on. Since March of 2000 we have been talking with the Town about a revised contract and that is what we are here talking about tonight. I should point out to the Board and to the public that there are just a couple of changes that have occurred in the contract, one of which has to do with a reduction in the tuck allowance provision which allows the Fire Company to acquire new vehicles. The new contract provides for a reduction from fifty thousand to twenty five thousand before having to come to the Board for approval for an acquisition. In the old contract there is a provision for allowing the Fire Company to acquire up to fifty thousand without Board approval and that has been reduced to twenty five thousand. In addition to that there was some provision with respect to leasing equipment and the original proposal by the Town was to reduce the lease period to a twelve month period, we requested that, because of certain economic benefits to be derived from a thirty six month leasing of certain items such as monitors and air packs and that kind of equipment it was more efficient and economical and less expensive to go over a thirty six month period in the contract has been revised to allow for that kind of leasing. In addition to that the Town agreed to allow the Fire Company an additional one hundred and fifty housand dollars towards the soft cost expenses of the financing. I should point out that the financing was approved under the Internal Revenue Code back in January of 2000. So, you already have the Fire Companies, the Town's approval for the Code approval for a tax exempt financing. This as a consideration for the additional one hundred and fifty thousand dollars, the Town wanted to have the Fire Company provide some consideration for that and they have agreed to transfer their station at Sunnyside to the Town of Queensbury for the Towns uses and purposes in exchange for that additional funding by the Town. Other than that, I believe that covers pretty much the major changes that occurred in the Contract from March of 2000. I spent a number of hours talking to Henry Hess and I think we have ironed out some of these things. I have talked to Town Counsel about changes in the contract and we have come down to these minor changes, which we have included. The Fire Company has also acquired, as you know the poperty on Bay Road, the old County highway property for the construction of a fire station. They have engaged Richard Jones Associates as Architect to do the proposal and they are about ready to go to bid with that. So, we are here tonight to try and put to bed so to speak this contract as it has been negotiated to today. I do have the Fire Company resolution by the Board and the Fire Company authorizing the President of the Fire Company to execute the contract on behalf of the Fire Company. If anybody has any questions of either Chip, or me we would be happy to answer them. COUNCILMAN MARTIN-We essentially have this ironed out it is just a matter of just these simple amendments that is why we are back here. MR. PONTIFF-That is true, Jim. COUNCILMAN BREWER-There is no, that time limit thing is out of here too, right? The one-year comes first. COUNCILMAN STEC- To vacate the one fire station we removed that. MR. POINTIFF-We have an outside date of April 1, of 2002. COUNCILMAN BREWER-But for whatever reason you are not out of there, I do not want to throw you out on the street. MR. PONTIFF-From a practical point of view you know what is the Town going to do if ... COUNCILMAN BREWER-That is why I saw no need of having that in there. MR. POINTIFF-But, it is in there and I spoke to Town Counsel he indicated that the Board didn't agree to an elimination of that particular provision of the contract but agreed to an extension from January 2002 to April 2002. COUNCILMAN BREWER-I did not know anything about that. COUNCILMAN STEC-I thought it was characterized that we were going to extend it until you were, until the firehouse was complete. COUNCILMAN BREWER-Until the firehouse was essentially done. MR. POINTIFF -That is fine with us if that is what you want to do. COUNCILMAN BREWER-That is what I want to do. COUNCILMAN STEC-Until you are ready to occupy it the new fire station that is what I thought we agreed to. MR. PONTIFF-That is fine with us. COUNCILMAN STEC- Y ou are right no one is going to get tossed down the street if push comes to shove I cannot imagine a future Town Board kicking you out on the street but I have seen a lot of weird things. MR. PONTIFF-They would have to live out of their fire trucks. COUNCILMAN BREWER-Does anyone have a problem with that? Where is that in here? TOWN COUNSEL SCHACHNER-He is referring to Bob, but I will find it. MR. PONTIFF -Page 10 at the top of the page subparagraph D. it says "Upon completion and occupancy of the Bay Road Fire Station, an no event later than April 1, of 2002 the Town shall have full and exclusive use" I think what you are talking about is eliminating the language and in no event later than April 1, 2002. COUNCILMAN BREWER-That is not in here. MR. PONTIFF-That is not what came to me., I am sorry to say. TOWN COUNSEL SCHACHNER-Paragraph D as currently proposed reads, "Upon completion and occupancy of the Bay Road Fire Station, the Town shall have full and exclusive use of Sunnyside Road Station #1 and the Fire Company shall no longer use such property. COUNCLMAN BREWER-You do not have the revised copy, I thought we did that. MR. PONTIFF-That is the only other change I think that we are dealing with, with respect to that occupancy provlslOn. COUNCILMAN STEC- The leasing provisions in here those are the last two that I think fell out of this was the leasing extension the thirty six months and that not kicking you into the street if it is not finished by April. I see both of those changes are in my copy. MR. PONTIFF-That is what I think we have approved or at least the Fire Company has approved. TOWN COUNSEL SCHACHNER-There are all sorts of blanks on the dollar amounts on page 8. and a blank date on page 9. COUNCILMAN MARTIN-Number 5, this agreement shall be for a period of two years beginning on the date of this agreement (blank) January 1st. 2001 and continuing through December 31,2002. MR. PONTIFF-I think the reason for that Jim is because originally there were going to make it a three year contract and as we went through the discussions we said why should we have Bay Ridge have a contract with the Town different from the other Fire Companies, they ought to be all negotiated at the same time. But in terms of computing the figures that appear on page 8 as Town Counsels points out, you have page 8 Mark, or page 8 those numbers have to be put in there. We also have to put a date in on page 9 which says that the hundred and fifty thousand dollars that I spoke about is to be applied to the cost, that is the soft costs of the construction and financing on or about (blank) 2001. So, we need to fix a date for that. Actually they have spent about one hundred and twenty four thousand in soft costs now between the architect and surveys and that kind of thing. COUNCILMAN BREWER-What you are saying is that you want that one hundred and fifty thousand dollars. COUNCILMAN STEC-You are ready, you are ready for that you have spent that. COUNCILMAN BREWER-What do we have to do as far as, we are going to give them that money or we are going to buy that building does that all, how does that take place? The transfer of the building. TOWN COUNSEL SCHACHNER-If you are looking at me I do not understand the question. MR. PONTIFF-I think what you are saying is that when is title going to pass to that building? COUNCILMAN BREWER-Exactly. MR. POINTIFF-I think that can pass at any time, with the understanding as provided in the contract that the Fire Company will continue to occupy the building until they are able to occupy their new facility. So, we can put the title work together at any time. TOWN COUNSEL SCHACHNER-Fine. MR. POINTIFF-Does anybody have an idea what the numbers are supposed to go in here, Chip on page 8, would they be the same as the numbers that appeared in the March 2000 contract? COMPTROLLER HESS-I calculated some numbers based on what I think are reasonable estimates because this was intended to be passed earlier in the year and there are some changes in debt service. COUNCILMAN MARTIN-I think the spread sheet does it right Henry? COMPTROLLER HESS-Well, almost. There are two issues that I wasn't sure that I had to deal with; one is we have a budgetary provision which is not built into the contract for one hundred thousand dollars toward soft costs, that needs to be built into the contract. Now you are talking about another one hundred and fifty to be built into soft costs, which is the exchange for the building. The fund balance that you are dealing with is going to be better served if you transfer the hundred thousand in this year and move the one hundred and fifty to 2002, because you just don't have, that was not budgeted and you do not have the fund balance to support another one hundred and fifty thousand. So, if you were to put the one hundred and fifty thousand to this year in addition to some of the other expenses that I have got here I give you the numbers that I think would fit there. Under paragraph A, this is amendment to the 2001 contract. 278,090. for operations, 64,066 for debt service and that includes a provisio for partial years constructional interest, 19,000 for insurance, 40,000 for vehicle fund for a total of 401,156. Paragraph two; for the 2002 amendment 342,900 for operations, which includes the other hundred and fifty, 79,066 for debt service, 22,000 for insurance, which includes some construction liability, 40,000 for vehicle fund for a total of 483,966. for the year 2002. MR. PONTIFF -Henry did you take a look at what the, what would be available in 2001 if some portion of that one hundred and fifty were paid in 2001 because I do not think there will be enough funds to deal with the soft costs expenses if they do not have the availability of some of those funds from that hundred and fifty thousand dollars? COMPTROLLER HESS-You can we can move the one fifty to this year and the one hundred to next year. MR. PONTIFF-That might make a little more sense and make things a little bit more easier how do you react to that Chip?.. MR. CHIP MELLON-That would be better.. MR. POINTIFF-As long as we have got, as long as Fire Company got the additional hundred thousand early on in 2002. If that will fit into the budget it you can work it that way it would be helpful to do it that way. COUNCILMAN MARTIN-Is that possible Henry? COMPTROLLER HESS-I think what, I really think what we need to do here is this contract was written onto the format as though it was a typical contract. This has construction costs and I really think we should modify paragraphs one and two to include what portion of this is construction and decide how we are going to pay the construction cost as opposed to operating costs, insurance costs, and the other things that are normal recurring operating costs. That can be based on like we do any other capital project show us that you got bills for it and then we will pay it out. But I think we should have a category in there for construction related costs. MR. PONTIFF-Henry, how does the debt service relate to that though, isn't that part of that construction cost? COMPTROLLER HESS-The construction, no it is not, the construction loan interest I can consider that a construction loan, I can consider that a construction related cost specific to interest. That is a debt service cost that the contract says cannot be transferred to another line item. But, we could still pay that when you have an interest payment due we would advance that. Give it to you in advance as long as I know that there is something that will cover that. So, we could have construction related costs which would include the hundred and fifty and the one hundred depending on which year the construction liability insurance costs and the construction and interest costs. MR. PONTIFF-Then there is no reason that figure cannot be plugged in there for year 2001 and 2002 because we already know what the financing is going to be and we have an estimate of the construction costs and that figure should be able to be materialized pretty easily. COMPTROLLER HESS-I have it in here I have construction interest to twenty thousand this year and thirty five thousand next year. MR. PONTIFF-Does that appear in any of the figures that you gave us? COMPTROLLER HESS-I do not think you have those there, this was done as a separate budgetary worksheet. But I can give you the cost of that. MR. PONTIFF-Shouldn't that appear in this paragraph then? COMPTROLLER HESS-That is what I am reciting to you. MR. PONTIFF-I do not want to go through another public hearing in dealing with this contract and I do not think that this Town Board wants to either. We ought to try to resolve this right now and put it in perspective so we know what costs are going to appear in paragraph A items one and two, for 2001 and 2002. If you have the figures Henry we ought to just put them in. COUNCIMLAN MARTIN-That is fine with me. COMPTROLLER HESS-I just read some of them off but lets go thorough it again, I will do that. COUNCIMLAN MARTIN-You are going to move the one hundred and fifty up to the 2001. COMPTROLLER HESS-I am going to move the one fifty and then I am going to take that out of there because we are going to do something else with that so it is going to be 228,090, the first blank in paragraph one; 228, 090 for debt service 44,066, for insurance 16,000 for vehicle fund 40,000 and for construction related costs 173,000. COUNCILMAN BREWER-For a total sum of? COMPTROLLER HESS-I am going to tell you what I think what it should be and then we are going to have to add it up and make sure it works. 451,156. 228,090 is that correct? 44,066, 16,000. ,40,000., and 173,000. I am going to add those up, 5 COUNCILMAN STEC-501.156 COMPTROLLER HESS-50 1.066 I got. COUNCILMAN STEC-156, the grand total went up exactly one hundred thousand. COMPTROLLER HESS-It should not have done that. COUNCILMAN BREWER-I think what he wants is the 451.156 there and then lower it fifty thousand on the bottom, raise it on the top and lower it on the bottom. MR. PONTIFF-Right, exactly. COUNCILMAN BREWER-So, you are offby fifty thousand. COUNCIMAN STEC-The math, those numbers add up to 501. MR. PONTIFF-That is right you are addition fifty to the top number and taking fifty off the bottom number. COUNCILMAN BREWER-Exactly COUNCIMLAN STEC- That is what we want. COUNCILMAN BREWER-So instead of having 401,156, we have 451, and instead of 483, we got 433. I think. MR. PONTIFF-There must be duplication in the construction related costs figure Henry? COMPTROLLER HESS-Your budget should be 278,156 plus a hundred and fifty MR. PONTIFF-For operations? COMPTROLLER HESS-No, ...your operating budget is 178,090 that is the correct number of operations, MR. PONTIFF-Ok, there is your change right there.... that sounds right. 451,156 is what you wind up with. COUNCILMAN BREWER-Where do we move the fifty on the bottom? MR. PONTIFF-Item number 1 under one is 178,090 vs. 278 ok. COUNCILMAN BREWER-178 instead of228. Now number 2 did we do that yet, no. COMPTROLLER HESS-For operations it should be 192,900. debt service would be 44,066, 17,000 for insurance, 40,000 for vehicles; construction related costs are going to be 140,000. MR. PONTIFF-It is 433,966. COMPTROLLER HESS-433,966 that is correct. COUNCILMAN MARTIN-So we are firm on the numbers, Mark you got them in your copy? MR. PONTIFF-Then the only other place we have to make a change is when the one hundred and fifty thousand will be paid on or about some time in 2001? Do you want it next week? On or about June 1st? COUNCILMAN MARTIN-Is that possible Henry? COMPTROLLER HESS-It is possible we are tying this to construction and I think that once this is to cover soft costs normally what we would do is say show me that it was spent or do you have bills for it and we will pay it, so we can do it from the first warrant after we get that information, the first audit after we get that information. MR. PONTIFF-We will give you that information ASAP COUNCILMAN MARTIN-Can we have language to that effect then? The first warrant after submission of invoices is that the right terminology? COMPTROLLER HESS-Upon submission of an approved voucher, because upon submission always means when you issue your bills next? COUNCILMAN MARTIN-Did we get straightened out on page 9? Yea that date. The two-year business on page 10 is acceptable right? So it is consistent with the other companies. MR. PONTIFF-Actually there is a blank there, Mark take a look at that item 5 on page 10, I think that blank should not be there because this agreement shall be for a period of two years beginning on the date of this agreement. TOWN COUNSEL SCHACHNER-You have a blank in yours? MR. PONTIFF -Yea. COUNCILMAN MARTIN-I think yours is the corrected version. TOWN COUNSEL SCHACHNER-Item 5 Term currently reads "This Agreement shall be for a period of two (2) years beginning on the date of this agreement and continuing through December 31, 2002. MR. PONTIFF-But that will not be two years. TOWN COUNSEL SCHACHNER-Unless the effective date was the beginning of this year? MR. PONTIFF-I had a date in here of January 1st, 2001. TOWN COUNSEL SCHACHNER-Which is why I must have said that. COMPTROLLER HESS-You are actually amending the 2001 operating budget so that is probably what he was thinking. MR. PONTIFF-So, eliminate the date of this agreement and put in January 1, 2001 and continuing through December 31, 2002. Everybody with that? Agreed COUNCILMAN BREWER-Otherwise we would be into May of2003. MR. PONTIFF -Ok, so, I think that is all the changes. SUPERVISOR BROWER-Anymore comments from Board Members at this time? Ok. Thank you Gentlemen, we will open it up to the public. Ok. At this time I would like to ask anyone that would like to comment on this public hearing for a new Bay Road Fire House to come forward at this time? Any comments? MR. JOHN CARPENTER-John Carpenter, Chief of West Glens Falls Fire Company I believe that Bay Ridge has done their job trying to centrally locate their fire house so they have a quicker response time and bettering themselves with more room they are able to have adequate space to locate all their apparatus and to do whatever office needs or anything of that nature. I believe that they have done their job, I know what they are going through we went through the same thing when we did our firehouse, that is all I want to say. SUPERVISOR BROWER-Would anyone else care to comment at this time? No further comments? Mr. Hess? COMPTROLLER HESS-I just, for the record, I, so that everybody knows what the financial considerations are, we just heard the numbers read off as to what the budgets will be for the next couple of years. Those are slightly inflated because each of those two years include a hundred thousand dollars contribution one year and one hundred and fifty thousand contribution another year. It also included debt service on a building that they are vacating, station number 2 which will eventually drop off. We do not know when that will drop off but mortgage will have to be paid off when that building is ultimately sold. Discounting all those factors the Town has put in one hundred thousand a hundred and fifty thousand it has put in twenty two thousand five hundred in the year to buy the land and so the Town has a cash investment of around two hundred and seventy two thousand dollars. Or about a years budget on this. But, when you take out all the non recurring impacts such as the mortgage on station 2 when that drop off and these other incidental non recurring costs drop off this building will none the less have a permanent increase in the budget of that fire company by thirty percent. COUNCILMAN MARTIN-The only thing I would add to that is that we are getting a permanent asset in the form of a building in station 1 I believe for storage purposes is the intent and I think the availability of that space will forego us having to, we had a budgeted item to build a building back here so I mean there is some effect of that as well. SUPERVISOR BROWER-When you say 30% what's the tax effect? Or is that difficult to determine? COMPTROLLER HESS-Well, here again, I got to do an analysis a lot of transactions have taken place that we really have to analyze as to what the impact is going to be, in fire tax. This is going to have a significant impact because this is the largest budget increase for a single department, it is going to be a permanent increase of 30% in this departments budget. Which is about what West Glens Falls will ultimately be when we fully fund their replacement cost. At this point I can estimate that in 2003 when we have all new budgets for the Fire Companies it looks to be like we are probably going to have an across the Board tax increase or expense increase of somewhere between fifteen and eighteen percent. MR. STEVE BORGOS-Steve Borgos, Butler Pond Road I came here to hear a different public hearing tonight and I had not planned to speak to this one at all. But a couple of times tonight we have heard mention of the tax increase that might happen in the fire district, what we haven't heard is the current real, right this minute ability of the Town to get rid of that tax increase, to actually lower the fire tax. I have spoken to members of the Town Board about this, you have been talking in the papers, the papers have been talking in the papers about the tremendous budget surplus that there is, four or five million dollars whatever it is. You have been looking at a variety of possible capital projects. Unless the law has changed in the last several years most of the projects that you are looking at are not cannot legally be funded by your surplus, such as the sewer expansions the water improvements of any sort are not legally because the boundaries are not coterminous with the town boundaries. However, ther was a change in the law about ten years ago that would permit you to take any amount that you want from the current surplus fund balance and transfer that to the fire protection fund, before that law was changed it was not possible, but it is possible now. Such that each year if you wanted to take another hundred thousand or four hundred or five hundred or six hundred thousand a year from the excess sales tax revenue another fund surpluses you could do that. That would actually reduce the Fire Tax and the EMS Tax and still leave you in a very comfortable position and you would be able to supply everything you have been worried about tonight. So, like I say unless things have changed and I do not think they have some of what you are talking about cannot be done and what you haven't yet considered can be done. Thank you. SUPERVISOR BROWER-Anyone else from the public care to comment at this time it is still open. Board Members? COUNCILMAN BREWER-Nothing to do with this, but maybe we ought to ask Mark to look into that because we have been talking about the capital improvements with the surplus and if we cannot do that then that is something worthy of doing. SUPERVISOR BROWER-Yes, there are a number as you well know there are a number of projects that we have talked about with the capital improvement plan I think Exit 18 alone the underground power would probably sap a lot of the surplus that we have already set aside. But, nonetheless I think it is certainly a possibility of trying to keep some of the fire tax down. Is Mr. Mellon in the room still? Chip, would you come forward for a second, I just want to ask you? I want to ask you I guess one of my concerns is you have got two fire stations right now and we are consolidating to one fire station, how, one of my concerns is how will this impact or will it not impact your future capital spending for equipment? MR. CHIP MELLON-I am not sure what your question is as far as? SUPERVISOR BROWER-What will your five year replacements schedule that you currently have MR. CHIP MELLON-As far as apparatus? SUPERVISOR BROWER-Yes, be sufficient or will you have changes to that? MR. CHIP MELLON-At this time our capital expenditures for apparatus will remain as it is. I might as well mention it now, it is not in the plans because of the cost of it but we have mentioned the MMA study several times this evening it was mentioned earlier. Another item that was mentioned in the MMA study that was done in March 1996 that was commissioned by the Town they suggest three aerial devices in the Town of Queensbury. The first one to be purchased was recommended to go to Bay Ridge and the next one was to go to West Glens Falls. Bay Ridge did not pursue that because we felt it was a priority to get our building in order and get the construction going on it so we can consolidate and try to save some funds and better utilize our manpower. Our plans at this time are not to pursue the aerial device because we do not have the funding capability to do that. The only reason I bring that up it has been discussed earlier that maybe the town board and the fire emergency services may want to revisit the MA study and see what recommendations are there that maybe should be made that have not or vice versa. We would certainly entertain that option if the Town Board desires us to but at this point that is not in our capital plan because of the cost. Does that answer your question? COUNCILMAN STEC-Chip that raises another question to me though, Chris Round, is the MMA report available to the public? Is it a public document? TOWN COUNSEL SCHACHNER-I do not know why, that is a Chris Round question, but I think the answer IS yes. COUNCILMAN STEC- There has been a lot of rumors about where, what happened to this final report in 1996. TOWN COUNSEL SCHACHNER-The MMA document is a report commissioned by the Town to study the needs of emergency services...sure. MR. CHIP MELLON-Anything further Dennis or does that answer your questions? Our current Capital replacement at this point provides for the replacement of two vehicles. The next one will be 2003 and the next one is 2008 I believe, I do not have it right in front of me. At this point we are not varying from that Capital expenditure replacement plan. COUNCILMAN BREWER-I think that could be another meeting at another time. SUPERVISOR BROWER-Thank you Chip. Any further comments from the Board? COUNCILMAN BREWER-Only I would like to have Mark look at that thing about the Capital Projects and the, we might as well know now if we cannot do that. COUNCILMAN STEC-What all our options are, not that we are necessarily committing to anything but the possibility of using any or part of the surplus now or in the future for fire capital projects. COUNCILMAN BREWER-Or the Capital Projects that we have slighted, right? TOWN COUNSEL SCHACHNER-Some you can and some you can't if you want answers to that you will need to give us a list of Capital Projects. The basic premise that Mr. Borgos is referring to is that there are restrictions on the ability of using what I call general town funds for improvements that are limited to specific legal entities like specific districts. That is the general premise that he is referring to. COUNCILMAN MARTIN-The other jest I got out of that comment though given the fact that the Town, the fire district in the town is essentially a town wide taxing district TOWN COUNSEL SCHACHNER-That you can use it for fire...we can check into that. SUPERVISOR BROWER-At this time I will close the public hearing. Ask the Board if they have a motion? RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 217.2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously authorized an Agreement dated March 24, 2000 between the Town and the Bay Ridge Volunteer Fire Company (Fire Company) for fire protection services, and WHEREAS, as part of the March 24,2000 Agreement, the Town agreed that it would consider revising the Agreement specifically for the purpose of adjusting any payments that the Town and Fire Company both agreed in writing were reasonable to enable the Fire Company to construct a new fire station but did not in any way commit to any revision, and WHEREAS, New York State Town Law ~ 184 provides that the Town and Fire Company by mutual consent after public hearing may amend the Agreement for fire protection services provided it is in the public interest to do so, and WHEREAS, on May 21st, 2001, the Town Board held a duly noticed public hearing concerning the proposed amended Agreement, and WHEREAS, a copy of the proposed amended Agreement has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that it is in the public's best interest to amend the existing Agreement between the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., which amended Agreement would allow the Fire Company to construct a new fire station (because capital items like this require Town approval under the existing Agreement) and which revised Agreement does not require any Town payments to the Fire Company beyond its term, and BE IT FURTHER, RESOLVED, that the Town Board shall not and does not by this Resolution create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the Fire Company's financing, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the amended Agreement with the Fire Company substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the amended Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of May, 2001, by the following vote: AYES : Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 2.4 PYRAMID COMPANY OF GLENS FALLS TO AMEND TOWN ZONING ORDINANCE NOTICE SHOWN ATTORNEY JOHN LAPPER-For the record John Lapper, Bob Orlando Mall Manager of Aviation Mall, Russ Pittenger of the LA Groupe, and in the first row Eric Goetzmann from Pyramid in Syracuse and my Co-Counsel Greg Faucher from Albany. We are all here to answer any questions that the Board may have. We would like to make a short presentation because for the public's sake this is the first time although they have seen articles in the paper, this is the first time to introduce the project formally to the public, and then we are here to listen to the public comments and work with the town staff through the course of the public comment period and address the comments. I guess to begin with to put this in context, when we first made application for the project in 1988 it was a much more significant project, eight hundred and fifty thousand square feet. Russ will quickly just explain what that proposal was and how this is different but in general what we are talking about now is adding one, one hundred and twenty fiv thousand square foot building a new anchor front and center of the mall which Bob Orlando will talk about, what a positive force that he feels that will be for attracting other tenants into the mall. Pyramid is very excited about putting this transaction together and glad to be back in front of the board. What procedurally what we are doing the application that has been pending for the zone change doesn't change, we are looking to include the properties up at the top of the hill in the Enclosed Shopping Center Zone, which will help facilitate development of those in the future and we are asking for some language changes to some of the requirements of the ESC zone which will also help us to develop the mall. We are well aware and certainly I am as a resident of the town that the public has issues with the fact that those buildings are vacant and I want to assure the Board and the Town and the residents that, that is the last thing that the owner of those buildings wants. Pyramid spent a lot of money to acqure the property and they are very hopeful that this first project will serve as a catalyst to attracting a tenant so that they can re-develop that property. That's absolutely the goal that is why it is included in the rezoning and that is part of why we are here. But, first and foremost is to get this new tenant in the mall the one hundred and twenty five thousand square foot building and again Russ will go through this on the plan. Twenty one thousand is existing mall space that would be replaced and there is another approved section that was never built that possibly thirty four thousand square feet in the back of the mall so that will be given up. So, there is a net increase of seventy thousand over what is existing or what is approved. But the building itself would be one hundred and twenty five thousand square feet and that is the number that we are talking about. We have submitted a detailed application in the form of an addendum to the DEIS at the time last week when this board started the publiccomment period which is a full thirty day public comment period and we will be waiting to hear what the various members of the public and different groups comment during that period. At this point I would like to ask Russ to just walk through the plans. MR. RUSS PITTENGER-Thank you. (using maps of the site) This is the plan that we have proposed before you today. This yellow area is the existing mall the brown area is the proposed expansion. This is our current 2001 plan. This plan here shows a contrast and comparison between the 1998 plan that we were in the process of having approved and that application that is before you that we would like to amend down to this smaller expansion area here. I think that in 1998 the economic times were quite different, this area around the Northway was anticipated to be at times a five level parking garage there were areas of stores that were three levels, there were additional stores that were two levels this is not economically viable at this time. In order to expedite the approval process to make use of the time and the money that was spent in 1998 we have decided to amend this project rather than to come in with a new application this is a much reduced plan compared to the 98' plan but it is very important to thefuture of the mall and its viability which Bob Orlando will be happy to talk about now. MR. BOB ORLANDO-Good evening, everybody. My name is Bob Orlando I am the Mall Manager and I have been here for almost four years now. The project that we are speaking about, this department store in the front of the mall is a very important addition to the mall at this time. To have a National Retailer be able to invest if you will in our community and in the mall is a win for all of us. As they look at markets that they are willing to go into of course they look at demographics, how many people how much money they make and those kinds of determinations are made and to think that our market was chosen and our property in particular was chosen for this store is tremendous. Some of the impacts for us from a leasing standpoint is that by being able to attract a National Retailer to add to the mix and make a fourth department store then you are able to have more Nationals be able to come to the mall. I often hear requests, why doesn't this store come, why can't we get a store like that or why do I have todrive all the way to Crossgates to be able to get that particular merchandise. Certainly one of the answers is the demographics but another is that it is a herd mentality as it relates to retailers. They will consider going to a project if there are other National Retailers at the project already. One example of that is what you have seen inside the mall over the last couple of years. In 1999 we were able to welcome the Bon Ton Store, the year 2000 we welcomed Old Navy and we are just about to go under construction in about thirty days for an American Eagle Store within the mall. You can see that it is that kind of momentum if you will that brings the National Retailers and improves the tenant mix so that when you come to the mall you are able to have as many choices as possible. The same kind of concept goes here quite frankly it has been very disappointing to me that we have not been able to develop the lands next to the Northway. We made a significant investment a few years back in that and have no been able to place a tenant there. This particular project in seeing this through is certainly a catalyst for us to be able to negotiate and finalize a deal to be able to put another National Tenant up into that area as well. Certainly I am very excited about this project and I am glad to be able to speak in front of you, I have been waiting for a while to re-energize this project and I am excited about seeing it to fruition. Thanks. ATTORNEY LAPPER-Procedurally after the public hearing closes the public comment period stays open to receive written comments until June 18th and we will be getting copies of those letters that come in from the Planning Department and working with Planning Staff to work through the issues. We are going to submit the site plan next week so that we can have a conceptual meeting with the Planning Board while the Town Board rezoning and seqra process is going forward just so we can start hearing any site issues that the Planning Board is interested in and working with them to just move the process along. We are interested to hear what the public has to say tonight and we will be taking notes. If the Board wants to ask us any questions at the end we are here. SUPERVISOR BROWER-At this time I would like to open the public hearing to anyone that would like to comment on the expansion proposal at the mall? Mr. Borgos? MR. STEVE BORGOS-Steve Borgos, Butler Pond Road Pardon my voice tonight I talked too much today. I believe it was 1963 when the first mall in this region opened it was the Colonie Center, you were too young to remember that down in Albany. We were all very pleased we still had to drive fifty miles but we had a nice shopping facility. It was about 1973 or 74' the Pyramid Mall Saratoga opened and it saved us that long trip to Albany, then I believe about 1975 the Aviation Mall Opened that made it even easier. Then for a period of time we did not have too much growth and we finally had an expansion of a big wing for Penny's and that was good and that was very positive. I think I joined a number of people a couple of years ago in being very pleased about the big addition that was coming, the eight hundred thousand square foot addition. Of course with all the environmental controls and everything else understood. I was very disappointed that, that did not happen, very disappointed because unless in the retal business and most other business unless you continue to grow at least a little bit you fall back and particularly in retailing. We suffered because the northeast economic condition a lot of stores left the mall, not because of Aviation Mall, not because of Queensbury but because the economic conditions in the northeast. Look at Caldor, and others that left did not close just here they closed in a lot of places. So, I would be very anxious to see something come. I do not think that Macy's is going to tell us tomorrow that it is Macy's but we can watch the papers. I do not know what it is but I do not think it is Macy's. Whatever it is if it is new and positive it has got the money to invest now in the lease I think it is a good idea to say ok. If the other project was going to work with the potential of a little bit of a traffic concern, this project should certainly work. Minor, minimal traffic changes I think but in any event it is a great place to live it is nice to be able to shop here and I thin we should permit the mall to go ahead with this. Thank you. SUPERVISOR BROWER-Anyone else care to comment? Yes, Betty. MRS. BETTY MONAHAN-Betty Monahan, Sunnyside. There is a note on here to amend the Town Zoning Ordinance, John Lapper alluded to that slightly but did not say what that amendment was going to be, some requirement for the enclosed shopping district I believe, some changes they wanted. COUNCILMAN BREWER-They are going to allow motorboats on Sunnyside, Betty. MRS. BETTY MONAHAN-Fine by me in fact they are allowed on Sunnyside that is just a rumor that they are not. COUNCILMAN STEC-Well that is the rezoning. MRS. BETTY MONAHAN-No, it is apparently there is some amendment as far as the enclosed shopping mall that is being requested? COUNCILMAN STEC- Those four additional parcels are not currently zoned enclosed shopping center. MRS. BETTY MONAHAN-I just thought that I heard John say he needed some change. EXECUTIVE DIRECTOR ROUND-I can respond to that if the Board would like me to. SUPERVISOR BROWER-Certainly. EXECUTIVE DIRECTOR ROUND-This is a continuation of the project that was proposed previously, so two years ago the way that zone change was proposed this is identical with what was proposed previously. Mr. Stec got it correct, several parcels were proposed to go from HC to ESC, the ESC zone change is to allow changes in parking density requirements, it is currently five spaces per thousand square feet they are proposing to go to four spaces per thousand square feet and there are some creative language to say we will be able to do four or five but we want four if and when we choose four. So, it is effectively they are requesting four spaces per thousand. It would allow to add free standing out parcel commercial uses to the ESC zone the current ESC zone doesn't allow a free standing structure at the mall it was created to facilitate the mall and it was never contemplated that they might have as we have now power centers with a series of big box retailers. It will allow to add a parking facility, parking at gade below grade multi story parking facility that has never been contemplated in Town so that the previous proposal included that they continue to request that as a modification to the ESC zone. Changes in the set back requirements basically making the set backs smaller and they propose to measure them to an edge of pavement vs. a property line. It would also reduce the minimum permulary requirements down to twelve percent and it would allow a building height increase up to eighty feet. Those were all identical to what were requested some two, two and a half years ago. MRS. BETTY MONAHAN-This raises a further question, we do have some other enclosed malls in this town I do not know if they are zoned for that or if they are there by special permit or what, but when you do a SEQRA on this, if that is, if I am correct in my assumption you are going to not only look at this property to see if those changes are ok, but for all enclosed malls. When you talk about the four spaces for one thousand square foot instead of five, free standing building all those types of things I am just wondering where some of the other enclosed malls are if that is going to work. I have been to some of those and it is pretty tight in some of them. EXECUTIVE DIRECTOR ROUND-This is the only property that is zoned ESC so this zone change would only apply to this property. The mall that I think you are referring to are on the Lake George outlet area and those are zoned Highway Commercial and Highway Commercial zone allows presumably has allowed those projects to develop. MRS. BETTY MONAHAN-I just think you need to look at that and make sure how many pieces of property this is going to effect. I would also suggest because we do have eyesores in this town as a result of this whole transaction that perhaps a condition of this that those vacant buildings be torn down and landscaping be done. Thank you. SUPERVISOR BROWER-Thank you. Mr. Valente MR. DANIEL V ALANTE-My name is Dan Valente, Valente Builders I am a developer in this Town for twenty seven years, I just want to agree with Betty on that, the issue of the buildings on the right hand side of the road when we come off that Northway. I think that the expansion for the mall is great but I also think that the first impression when you come off that Northway is not attractive. As a developer I believe the Pyramid Company would probably look at it in the same respect and maybe even if we had a lawn there until they are ready to develop it I think it would be best for the community. Thank you. SUPERVISOR BROWER-Mr. Hoffman MR. MARK HOFFMAN-Mark Hoffman, Fox Hollow Lane I think that we all want to see economic expansion and we want to take advantage of any opportunities there are for people that want to invest in our community, but as is the case with any other type of development we want to make sure that it is done to a high level of quality. Along those lines back in 1998 when this previous project was proposed it seemed like it was still on a relatively early stage as far as the details of exactly what it was going to look like. There was environmental assessment done I don't, at that point I do not think it was ever completed. I know that there was major traffic issues, it was still being looked at. I think that we had serious concerns about pedestrian and bicycle access to the mall as well as the surrounding commercial districts, what the impact would be upon that. There was some consideration being given to a bicycle path to the mall, I do not know where that stands. We were concerned about the parking situation epecially as it relates to traffic and the fact that the mall and the Route 9 properties were not connected to each other. It seemed appropriate in view of the expansion of the mall that connecting those properties would be a good idea both from a parking perspective as well as to reduce traffic at Route 9 Quaker intersection. Concerned about the visual impact. I think at that time in 1998 we were concerned about the extent to which parking would be immediately adjacent to the road as opposed to hidden from view. We had concerns about that. It appears to me from this project that the same issues will take place. The mall is expanding closer toward Aviation Road and I believe from the picture in the Post Star that they were planning to move additional parking closer also to Aviation Road where it appears there is currently some green space. The prior project did include provisions for parking garage which was probably a plus in terms of making for more efficient use of property and using more developed poperty rather than expanding onto green space. That appears not to be part of the current project. So, I am just a little bit confused about exactly what the process is here now. We are talking about amending a previous environmental impact statement it is a smaller project but on the other hand we are still talking about keeping the old project alive and in fact the hope would be that this current expansion would actually facilitate further development and yet we do not seem to be concerned about the impact of the increased, potential increased development because it is a smaller project. It just seems like there is a circular reasoning going on here and that you know, if there is still serious consideration to the larger project that the full impact of that entire project should be looked at rather than just this piece meal so called segmented approach that it appears that they're attempting to take now. The last thing I would want to suggest is that the rezoning and the site plan should be closely coodinated, especially if the environmental review is going to be based on the Town Board's review as it relates to the rezoning. I do not think that you can consider the environmental review separately from the site plan I think they are intimately related especially as it relates to aesthetic issues, traffic flow, bicycle and pedestrian safety. Right now the mall is essentially inaccessible to bicycles and pedestrians. I have seen nothing happen in the last two years to make it more accessible. The side walk out in front of Aviation Mall we complained about two years ago as being poorly kept up and full of broken glass, it still is, poorly kept up and full of broken glass. Those are just some concerns and cautions that I would place. I want to reiterate that I think it is a great thing when people what to invest in our community. I think that expanding the mall is going to be a good thing I just think that we cannot rubber-stamp it. We need to look very carefully and make sure that it is a net positiveimpact for the community that it is not just another big box store that is going to be a blight, especially at the entrance to our community where so many thousand of people drive through and see our community for the first time. COUNCILMAN STEC-Chris that raises a good question though, does the amended EIS include a generic out building, out box store that Dr. Hoffman is, what we are considering is not just this expansion but there is also a provision for generic to make sure that this all pulls together. EXECUTIVE DIRECTOR ROUND-It is not a generic approval process that we are looking at. This particular document that they have submitted, this is not, there has been an addendum to the EIS that was submitted previously. So, everything that was contemplated in the original DEIS the thing that everybody had commented on still apply there. So, Dr. Hoffman's comment is correct and it should still be a concern of the Town Board is that if the rezoning does move forward that would allow the applicant to move forward with anything that was proposed provided that the Town finds in it SEQRA findings that this is an acceptable outcome to the Town. I do not know if I can say that differently. The ESC zone changes would allow for a significant build out at the mall property, the site plan that is in front of you does not propose that and COUNCIMLAN STEC-We are considering more than just this. EXECUTIVE DIRECTOR ROUND-You are considering more than just this. The DEIS that was submitted contemplated that the applicant had proposed responses to that in and FEIS we are assuming that the Board is going to require a final environmental impact statement and that you would follow this and it would incorporate what was submitted previously as well as what was being commented on tonight. ATTORNEY LAPPER-I think it would be important for me to respond at this point. Dr. Hoffman asked a good question I just want to make sure that the record is set straight. One thing that Chris said is that we are contemplating more and we could ultimately build more than just the one hundred and twenty five thousand square foot store and that is correct. But, for the sake of the environmental review we have taken the eight fifty off the table, the amendment that we have submitted now we are looking and I think the word generic should be applied to the building on the top of the hill because we are generically looking at a maximum of one hundred and fifty thousand square feet which may well be bigger than what gets built there but just in terms of what we think is a reasonable maximum that could be built there and the traffic impact analysis that has just been submitted contemplates that as well as what is going on here. So, we are COUNCILMAN STEC-What you are saying though is that the addendum scales back from eight hundred fifty thousand square feet total to this one twenty five plus a maximum of another one hundred and fifty. So, we, the retreat has been from eight hundred and fifty down to two seventy-five. EXECUTIVE DIRECTOR ROUND-The Board may want to consider during this process then is making an adjustment to what has been asked for and I know that they said the applicant asked for it, it tough to not be, we try to have pretty formal forms of communications here alright. What is asked for in the ESC zone modification is more than what is presented than what is presented to you tonight. When you get through with the process and the applicant agrees well all we want to build is to up to one hundred and fifty thousand square feet plus one hundred and twenty five thousand square feet then we might examine a modification to the ESC zone that would now allow the densities that is would be allowed in its original format. I see heads nodding over there, so I think that is something you are going to want to consider. Eight fifty is off the table, the proposal to construct eight hundred and fifty thousand square foot expansion is off the table but the zoning would allow that expansion to move forward. What our SERA findings what I think that they have gone through is during the development of the EIS is that they realized that the traffic mitigation that was never which we never did finalize that was contemplated was cost prohibitive to this particular project. I do not know if I could be any more clearer than that. COUNCILMAN STEC-I do not want to put words in your mouth or the applicants mouth, but what I am hearing is that the applicant is comfortable with the town limiting this from eight hundred fifty to two seventy five. EXECUTIVE DIRECTOR ROUND-Some other number and I think it is difficult we have asked in our conversations with the applicant and the Supervisor was involved and the Town Counsel, even though nothing is proposed for this upper property or this northwest property you should present something generically so that we can kind of get our hands on it what the impact would be. Where might a driveway be located, how much traffic would be generated from that particular proposal etc. That has been included in there. That was responsive to our requests. COUNCILMAN STEC-I knew that but I think it was important for education. EXECUTIVE DIRECTOR ROUND-The public we assume everything that we have shared has been shared with the public and it hasn't been. ATTORNEY LAPPER - I guess just to follow up on what Chris just said, one of the changes that we have asked for originally and that we are asking to be kept in there is to do a multi level garage which is not something that is part of the project now, but as Dr. Hoffman said that does have a positive effect so if the mall was to be expanded again it would be cost prohibitive now for the size of what we are proposing to do a parking garage but at some time in the future if somebody wanted to come in and there was no more land for parking that would be the only option, then you would have to contemplate building up in the mall and building up for parking. So, we are asking that, that change remains in the ESC zone because it just provides flexibility in terms of the zoning but that kind of a change would still require site plan review with the Planning Board. COUNCILMAN STEC-In the original DEIS was the square footage of the parking garage included in that eight fifty or was that a separate number? ATTORNEY LAPPER-Separate number, it was eight fifty. COUNCIMLAN STEC-So the eight fifty was for actual retail space or building space. SUPERVISOR BROWER-Would anyone else care to comment on the public hearing at this time? Yes, Sir. MR. ROLAND MERRILL-Good evening Rolly Merrill Stonehurst Drive I would just like to say that having been a resident of Queensbury for eleven years and worked in the Town for the last twenty years that I would be excited to see an expansion at the mall. I was excited in and commented here back in 1998 about the proposed expansion and I think anything that we can do to create some excitement at Aviation Mall done in a controlled manner as has been suggested tonight is going to be a very positive thing for our community. I work in radio advertising for six radio stations in the area and both the former Clifton Country Mall, now the Clifton Park Center in Clifton Park and the Wilton Mall in Saratoga are aggressively marketing to people from our community to get on the Northway and drive south and see their array of stores that they have to offer, just as Steve Borgos was talking about earlier. So, the more that we can make our Aviation Mall a destination location and bring excitement to it, to give more of ou people from this area, Warren and Washington Counties to stay here and to get people excited to maybe come from Vermont or from the South up this way to shop at the Aviation Mall the better it is going to be for the whole community the better it is going to be for even local businesses. Somebody like a Sutton's Market Place could benefit from having a new exciting National Retailer at the Aviation Mall and that is a nice local business that could benefit from having something more new and interesting at the mall. So, I would like to encourage the board to find a way to make this a possibility for Aviation Mall and we look forward to see who it is. I am excited about hearing who it might potentially be. Thanks. SUPERVISOR BROWER-Anyone else care to address the Board at this time? Board Members? COUNCIMLAN STEC-I think the comments that we heard tonight were good, I think Dr. Hoffman and Mr. Valente really summed up a lot of my thoughts on this. I think if done well, if the questions are answered this is a good opportunity for the Town. I would like the applicant to be mindful of improving biking and pedestrian access in that area. There is a lot of, essentially you have an open canvas right now when you consider the vacant buildings to do something other than a sidewalk following closely right along 254 perhaps something that comes down a little bit more in line with the way the actual flow is, the foot path that you can see coming down the hill, I think would be aesthetically good but it would be safer and maybe a better use for bicycles and pedestrians. But, then my chief concern and I think the concern you are going to hear, I think, I am guessing that a majority of the comments are going to be this is a good idea its good for the community, it is good for the shoppers but the concerns are gong to be and we have talked about this several times the aesthetics of the vacant properties immediately off from Exit 19. I would say perhaps as a starting point for discussion on possible compromises or protections in there that maybe we talk about time line a conditioned approval or time line under which and I do not have a number available, twelve months, only because the applicant has mentioned before that they feel that this is a catalyst and I have every reason to believe them, it makes business sense to me that a large retailer is going to improve the marketability of those parcels but, I would like some assurance there. I think that perhaps, that it might not be a bad idea to say that you know we will give you twelve months, eighteen months, twenty-four months after which time if you have not moved on that property you will be required to, or you will pledge to tear down the buildings do something. Or, maybe we say immediately we want this done but then after twenty months or eighteen months if youstill have not marketed this then we will want this, this and this done to make sure that this eyesore does not linger for years to come and that might not be a bad compromise. Again, just shooting from the hip here with the, I think that the concern is going to be the aesthetics of those parcels, so that anything that you can do to reassure the public that they are going to immediately look better and then long term if the plans do not come together, where you do not have movement on those parcels in the next X months then you are prepared to take the next step. I think with the National Retailer coming in the books will be healthier where it should be less of a burden. I can understand where you are coming from now, it is a large burden to do these things tomorrow where as a pre-requisite for these sorts of approvals and this kind of project but, moving along in conjunction and say we have every reason to do this but we are willing to put up, put our money where our mouth is and say, if it doesn't happen fter X months we will do XYZ. So, I think that will probably put a lot of the public's fears to rest and again I have every reason to believe that your assumption are accurate and so making that sort of pledge shouldn't be that big a burden but I am not in the retail business so. That is my thoughts for whatever they are worth. That was not an original thought that was a bird put that in my ear but I cannot remember who to attribute it to, but it was somebody that has been following this and I thought it was a good idea. I apologize for stealing the idea, but we will get it out there for discussion. SUPERVISOR BROWER-Any other Board Member to comment at this time? All right we will leave the public comment period open until June 18th. Do you have anything further you would like to add John? ATTORNEY LAPPER-No, I think we understand what the issues are and we are looking forward to working with the Board to complete the project this time. Procedurally, I guess, I think just to clarify the public hearing I think should be closed because that was what was scheduled for today. But, the public comment period stays open until the 18th. SUPERVISOR BROWER-Do you agree Mark? TOWN COUNSEL SCHACHNER-That is what you said, you said you would leave the public comment period open until June 18th. COUNCILMAN STEC-Is there a down side to leaving the public hearing open? EXECUTIVE DIRECTOR ROUND-They are not connected. TOWN COUNSEL SCHACHNER-You are not having any more public hearing though that we know of. SUPERVISOR BROWER-In that case I will close the public hearing and leave the public comment period open until June 18th. EXECUTIVE DIRECTOR ROUND-I think we want to announce to the public that or anybody that is interested can provide written comment on the proposal. There is a copy of the addendum to this draft EIS in our Office in the Clerk's Office we can make it available to anybody that would like to please forward comments to our office. COUNCIMLAN STEC-Chris if you wouldn't mind working with the applicant on you know, that idea that I threw out and see what is reasonable. I would like to see it pursued rather than just me mentioning it tonight. I meant that as hopefully direction to your department and the applicant. 2.0 CORRESPONDENCE Ltr. TO: All Household Hazardous Waste Day Volunteers FROM: Waste Facilities Operator DATE: May 16, 2001 RE: Waste Disposal James T. Coughlin, Solid Household Hazardous To: Darleen As you know, on Saturday, May 12th, 2001 the Town of Queensbury held a Household Hazardous Waste Collection Day. This event turned out to be very successful. We had over 473 participants. The Town was fortunate to have several volunteers who worked very hard during the past several months to help prepare for Saturday and also worked all day Saturday flagging traffic and checking in vehicles. I cannot thank you enough. It's people like you who make Queensbury such a great place to live. Thanks again. JTC:pam 3.0 OPEN FORUM FOR GENERAL & RESOLUTIONS MR. DANIEL VALENTE-Daniel Valente from Valente Builders- Re: Road Cuts Spoke to the Town Board regarding four road cuts in 1000' of Bay Road noted Bay Bridge Drive which is a continuance though the front parcel on Bay Road had a conceptual approval in 1985 and a road cut from the County in 1987...noted that during the approval process on the project across the street a member of the Planning Board stated that if the roads have to be aligned Valente's road can moved over and align with Schermerhorn...noted that Bay Bridge has a agreement Homeowners Association with the Town of Queensbury for the Sewer Dist. NO.7 and we have a map, plan and report that indicates that, that road stays were it is because the sewer is in the easement and I will be deeding property over to the Town of Queensbury for a pump station...requested re-assurance in letter form from the Town Board that somewhere down the road that this road is not going to be moved...Noted he has received assurance from Warren County DPW by letter that that road does not have to be moved... TOWN COUNSEL SCHACHNER-I do not feel that the request is appropriate because I do not believe that the Planning Board has imposed any such requirement on Mr. Valente, unless something happened that I am not aware. I do not believe that the Planning Board has enacted any resolution requiring relocation of any road or requiring relocation of any curb cut...it is not necessarily a Town Board determination, if the Planning Board in its lawful exercise of it authority and review of some subdivision application or site plan application for reasons relating to access, safety, traffic or whatever there are scenarios in which the Planning Board could in theory require relocation of a curb cut or some road. I do not think it is appropriate that this Board get involved in it or you even have the authority to issue an edict saying under no circumstances will anybody require this road or curb cut to be moved. MR. VALENTE-Spoke to the Town Board regarding a project across the street in the past that had aligned the roads, this new project has mis-aligned roads, the Planning Board approved that and the County approved it, I do not have a problem with it but I do have a problem when I have two years worth of work done on a sewer project that goes along the road that is supposed to be a town road. When the front gets developed and then someone comes down the road later on and says move it I want those roads aligned. Questioned if he had any consideration since the road cut and the road was conceptually approved from 1985 and 87? TOWN COUNSEL SCHACHNER-Perhaps, The legally appropriate answer, it is possible that the applicant has some rights here it does not strike me as a Town Board issue. MR. V ALENTE- Noted that if he does not get some kind of assurance that, that does not have to get moved I lose more land if that road has to be moved later one. I do not want to be forced to build a road or develop that front piece because somebody else does, I want to be able to do with it when I am ready. Noted in 1985 when Bay Bridge was approved the assumption was that the sewer would be there in 1990...we have another Planning Board that approves a another project across the street with the assumption that sewer will be in, in time for the developer...I believe that the Planning Board meant what they said that it is not going to get moved even if you have one board member that suggested it, whether it is true or not, I do not care I want assurances that since we have a map, plan and report you have an easement on this road why can't we get assurances that it going to stay there. COUNCILMAN MARTIN-The Town Board does not have any interaction with roads until the point of dedication because then it becomes essentially town property, up until that it is a platted road and it is a Planning Board's realm. MR. VALENTE-Because development started before me, I get forced to complete this if that happens, then I can just say I guess we are not going ahead with the sewer and then everybody suffers here, it is terrible. COUNCILMAN MARTIN-Noted he understood Mr. Valente's concern. MR. BILL RUSSELL-21 Old Aviation Road Noted that he owns property on 14 Greenway North, when the new water line was placed the lawn was torn up, questioned when it was would repaired? WATER SUPT. RALPH V ANDUSEN- Garden Time has been contracted to come in and hydro-seed as soon as they finish the clean up, noted with the rain it may be delayed... MR. VOLLARO-5 Gentry Lane-Queensbury Spoke to the Board regarding the approval of the sewer line in the dirt road, the map, plan and report is incorporated by reference into the agreement that we have with the Town of Qsby. on the sewer project. If the road gets built up to item four, and the sewer is in the right of way, when the road is accepted the Town will have access to the sewer line. Noted he had spoken with Mr. Remmington and he does not have a problem with the five road cuts. Discussed the Schermerhorn project, noting that he voted no, on the final. COUNCILMAN STEC-Noted he felt that the Town has wronged Mr. Valente ...it seems to me he is an interregnal player in the sewer expansion...if there is a creative way to solve this, if it is negotiations... etc. .... MRS. BETTY MONAHAN-It is my understanding that the sewer easement is going along the paper road, why don't you when Mr. Valente deeds you the sewer easement let him deed you the road at the same time with the requirement that he can get no building permits along that road until he paves it. The other thing is, when you have the same Attorney representing the Town Board and the Planning Dept. there has been times in the past when we saw something happening at the Planning Board that was not in the Town's interest that we sent the Town Board's Attorney to argue for the sake of the Town the position of the Town in an application. Because, what was proposed in the application was not for the good of the Town and someone needed to argue the Town Board's point. You are losing that ability when you have the same Attorney for both boards. Questioned what is happening to the SEQRA review when both projects that have the sewer built into the project? TOWN COUSNEL SCHACHNER-It makes more sense from where I sit not to donate road that is unimproved or unfinished but to donate land. EXECUTIVE DIRECTOR ROUND-Noted that the Planning Board could require a road at another location... MR. VOLLARO-I think Betty's answer was probably the closest to the right answer that I heard here tonight. MRS. BETTY MONAHAN-Requested that the Board and staff use the microphones...noted difficulty in hearing in the back of the room, also requested that the table in front be turned around so the public can hear the applicants... Requested when zone changes come before the Board requested that the Board relates to the public where the zone change is etc. MR. PLINEY TUCKER-Division Road RE: Crandall Library Meeting questioned what took place? SUPERVISOR BROWER-The questionnaire was finalized and talked about the public meetings ... MR. PLINEY TUCKER-The voters of the Queensbury School Dist. approved the purchase of the ten acres that the Town of Queensbury has an option on, what legal action would have to be taken if you decide to give that option to the school? TOWN COUNSEL SCHACHNER-As Mr. Tucker pointed out there is an option, it is part of the Indian Ridge PUD agreement we have previously discussed the possibility of assigning that option to the School Dist. and if the Town Board wishes to do so that is what we would recommend. MRS. BETTY MONAHAN-Questioned if that would affect the SEQRA? TOWN COUNSEL SCHACHNER-In my opinion that would not affect the SEQRA Review ofIndian Ridge because the assignment would have to be taking place in the context of the PUD approval and part of the assignment would be that the School Dist. would have to use the property for purposes not inconsistent with the PUD as approved. SUPERVISOR BROWER-Asked for further comments hearing none this portion of the Open Forum is closed. 5.0 RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF RICHARD DOTY AS FULL-TIME LABORER FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. 218.2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Director of Parks and Recreation and Town Recreation Commission have advised the Town Board that there is a new full-time Laborer position in the Parks and Recreation Department, and WHEREAS, the Director and Recreation Commission posted availability for the position, reviewed resumes, interviewed interested candidates and have made a hiring recommendation to the Town Board, and WHEREAS, consistent with Article IV, Section 4 of the Agreement between the Town of Queensbury and the Town of Queensbury Unit of the Civil Service Employees Association, a meeting was held with representatives of the Union to discuss changing the regular workday for this position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Parks and Recreation Director to hire Richard Doty as a full-time Laborer beginning May 22nd, 2001 and subject to a six month probationary period, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that Mr. Doty be paid the hourly Laborer rate of $12.12 and that a second shift is hereby created for the Department of Parks and Recreation with work hours as determined by the Director of Parks and Recreation, and BE IT FURTHER, RESOLVED, that for a maximum of 13 weeks in the summer and eight weeks in the winter that Mr. Doty will work this second shift, he shall receive the three-percent (3%) shift differential as set forth in the Contract between the Town and the Civil Service Employees Association and no additional employees will be assigned to second shift for this Department absent further discussion with CSEA, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of May, 2001 by the following vote: AYES Mr. Turner, Mr. Stec. Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR ONE (1) ROTARY MOWER FOR USE BY TOWN PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 219.2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town's Director of Parks and Recreation has advised the Town Board that he wishes to purchase one (1) rotary mower for use by the Parks and Recreation Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Director of Parks and Recreation's purchase of one (1) Ransomes 728 4WD Frontline Outfront Rotary Mower, Model #946703 from S.Y. Moffett Co., Inc. in accordance with New York State OGS Contract #PC56538 Item 16A for an amount not to exceed $11,875 to be paid for from the Park Equipment Account No.: 001-7110-2070, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Parks and Recreation, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of May, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING WATERLINE EASEMENT AGREEMENT BETWEEN FINCH, PRUYN & COMPANY, INC. AND TOWN OF QUEENSBURY IN CONNECTION WITH PROVISION OF WATER TO TOWN OF MOREAU RESOLUTION NO.: 220.2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 492,98 the Queensbury Town Board entered into an Intermunicipal Agreement with the Town of Moreau for the sale of water, and WHEREAS, in order to serve the Town of Moreau, it is necessary for the Town to obtain a waterline easement to construct and maintain a waterline across lands owned by Finch, Pruyn & Company, Inc. (Finch, Pruyn), and WHEREAS, the Town and Finch, Pruyn have negotiated terms for a Waterline Easement Agreement and a copy of the proposed Agreement has been presented at this meeting, and WHEREAS, the Waterline Easement Agreement is in form approved by the Town Water Superintendent, Town Comptroller and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Waterline Easement Agreement between the Town and Finch, Pruyn & Company, Inc., presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Waterline Easement Agreement and any other documents associated with the Waterline Easement Agreement, 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 21st day of May, 2001 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF WATER LINE CONNECTOR TO TOWN OF MOREAU RESOLUTION NO.: 221.2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Town Board Resolution No.: 44.2001 the Town Board authorized engagement of C.T. Male Associates, P.c. to complete the design, prepare contract documents and provide assistance during the bidding process in connection with the construction of a water line connector to the Town of Moreau, and WHEREAS, C. T. Male has presented the Town's Water Superintendent with bid documents and specifications to advertise for bids for the construction project, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the construction of a water line connector to the Town of Moreau, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 21st day of May, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR PURCHASE OF OFFICE FURNITURE FOR TOWN PLANNING OFFICE RESOLUTION NO.: 222. 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town's Executive Director of Community Development solicited proposals for the purchase of office furniture for the Town Planning Office and has recommended that the Town Board authorize the purchase of furniture from Charlie's Office Furniture for an amount not to exceed $7,886.40, and WHEREAS, the Purchasing Agent has reviewed the information received by the Executive Director and concurs with his recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the purchase of office furniture for the Community Development Department from Charlie's Office Furniture for an amount not to exceed $7,886.40 to be paid for from the appropriate Community Development Department account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development and/or Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of May, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY NORTHWAY PLAZA ASSOCIATES, LLC RESOLUTION NO.: 223.2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Northway Plaza Associates, LLC previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for the 1994/95 - 2000/01 tax years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Queensbury Union Free School District has been informed of the proposed settlement and the School District has advised that it has approved the proposed settlement contingent upon Queensbury Town Board approval, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Northway Plaza Associates, LLC for the 1994/95 - 2000/01 tax years concerning the Northway Plaza property located at the intersection of Route 9 and Quaker Road, Queensbury, Tax Map No.: 72-7-4 in accordance with the following revised assessment values: Tax Year Current Total Assessment Current Exemption Amount Reduced Total Assessment Reduced Exemption Amount 1994/95 $11,802,800 nla $11,402,800 nla 1995/96 $13,143,800 Town: $670,500 $12,073)00 Town: $615,891 1996/97 $12,743,800 Town: $423,500 $12,073,300 Town: $401,218 1997/98 $12,743,800 Town: $376,444 $12,073,300 Town: $356,638 1998/99 $12,743,800 Town: $329,400 $12,073,300 Town: $312,069 1999/2000 $13,443,800 Town: $632,300 County: $350,000 $12,773,300 Town: $600,700 County: $350,000 2000/01 $13,443,800 Town: $550,300 County: $315,000 $12,635,348 Town: $517,300 County: $296,100 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Northway Plaza Associates, LLC within forty-five (45) days from the date that a Demand for Refunds is served upon the Town of Queensbury, 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 21st day of May, 2001, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 2001 TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 "FIRE PREVENTION AND BUILDING CONSTRUCTION" CONCERNING EXTENSION OF BUILDING PERMITS OR PERMITS ISSUED BY FIRE MARSHAL RESOLUTION NO. 224. 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _ of 200 1 to amend Queensbury Town Code Chapter 88 entitled "Fire Prevention and Building Construction," specifically ~88- 15 entitled "Commencement and performance of work; posting of permits", so that the Town's Director of Building and Code Enforcement or, where appropriate, the Fire Marshal, may allow any number of extensions to building permits and/or fire marshal permits provided that the project for which a permit was issued does not include the granting of an area or use variance, 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 June 4th, 2001 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: _ of2001, 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 200 1 in the manner provided by law. Duly adopted this 21st day of May, 2001, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 168,2001 REGARDING HIRING OF RUTH MACY AS TEMPORARY PART-TIME CLERICAL EMPLOYEE IN TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 225.2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No. 168,2001 the Queensbury Town Board authorized the hiring of Ruth Macy as a part-time, temporary, clerical employee to work in the Town Assessor's Office from April 10th through May 8th, 2001, and WHEREAS, the Town Assessor has advised the Town Board that she will need Ms. Macy to work in her office through June 8th, 2001 rather than through May 8th, and WHEREAS, the Town Board wishes to amend Resolution No. 168,2001 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No. 168,2001 such that Ruth Macy shall be authorized to work in the Town Assessor's Office through June 8th, 2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 168,2001 in all other respects. Duly adopted this 21st day of May, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING TOWN HIGHWAY DEPARTMENT TO REP AIR SIDEWALKS ALONG ADDITIONAL PORTION OF FORT AMHERST STREET, QUEENSBURY RESOLUTION NO.: 226.2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 419.2000, the Queensbury Town Board authorized the Town Highway Department to repair sidewalks along Fort Amherst Street, and WHEREAS, by Memorandum dated May 8, 2001 the Deputy Highway Superintendent has advised the Town Board that the Highway Department is prepared to repair the next eighty-eighty feet (88') of sidewalks in the vicinity of 14 Fort Amherst Street for the estimated amount of $2,500, and WHEREAS, the Town Board wishes to authorize the additional reparation work, the approximately $2,500 in expenses to be incurred and the associated interfund transfers, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Department to repair the additional eighty-eight feet (88') of sidewalks located in the vicinity of 14 Fort Amherst Street, Queensbury for the estimated amount of $2,500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to amend the 2001 Town Budget and transfer funds in the amount of $2,500 from the Sidewalks Misc. Capital Construction Account No.: 001-5410-2899 to the Sidewalks Misc. Contractual Account No.: 01-5410- 4400 to fund the additional sidewalk reparation expenses and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of May, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT None RESOLUTION AUTHORIZING SALE OF OBSOLETE HIGHWAY DEPARTMENT TRUCK NO. 83-2 TO QUEENSBURY UNION FREE SCHOOL DISTRICT RESOLUTION NO.: 227. 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Highway Superintendent has advised the Town Board that Highway Department Truck No.: 83-2 (Vehicle J.D. #HTlCA255 lEHA1069 1) is obsolete and of no material value, and WHEREAS, in accordance with New York State Town Law ~64(2-a), the Town may sell items which are no longer needed by the Town or are worn out or obsolete, and WHEREAS, the Highway Superintendent has requested Town Board authorization to sell the truck to the Queensbury Union Free School District for $1, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's sale of Highway Department Truck No.: 83-2 (Vehicle J.D. #HTlCA255 lEHA1069 1) to the Queensbury Union Free School District for $1 as the Truck is obsolete and of no material value. Duly adopted this 21st day of May, 2001 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner NOES Mr. Brower ABSENT: None Discussion held before vote: Councilman Brewer-The reason I say we should do this is it is all the same constituency it is the Queensbury tax payers that pay the school taxes and if we don't do something like this or make them buy it at the auction why are we making our taxpayers spend more money on another truck when we can do something as far as intermunicipal cooperation? Supervisor Brower-I have always opposed, I have opposed it at the County all the time when they want to give a County truck to a school district in Warrensburg or to another town. My feeling is it should go to auction. The Towns want to bid on it or the school wants to bid on it they can go to the auction, that way the town sees the best return for the auction item. I do not know about this particular truck except Ted did a little, saw it, but just in general the best practice is to go to auction on your property and try to get the best return for the municipality. Councilman Brewer-This serves a purpose, Dennis. Supervisor Brower- Tey all serve a purpose who is to determine who's interest is served best? The Queensbury taxpayer or the people you are trying to give it too? Councilman Brewer-It serves the Queensbury taxpayers is my point. Supervisor Brower-I tend to disagree, I lose on that at the County all the time. Councilman Brewer-How does it not benefit the taxpayers? Supervisor Brower-I do not think it benefits the taxpayers necessarily because I think if you were to benefit your taxpayers if you were just concerned about Queensbury taxpayers you get a fair return for the product. Councilman Brewer-The vast majority of the taxpayers that pay the Queensbury School Dist. are in Queensbury, therefore if they do not have to spend ninety thousand or eighty thousand or twenty thousand on a truck it serves the purpose. Supervisor Brower-I think it is one thing to take Ricks vehicle that he is getting rid of and give it to our Parks and Rec's Dept. or another department to utilize but when you go beyond the government I just think i should go to auction. That is my own philosophy. Councilman Stec-Dennis, I believe that I understand and I appreciate your point of view and your opinion and your reasoning is sound, and you are entitled to your opinion. What concerns me is, to my knowledge this is the third time that you unilaterally decided that you did not like a resolution and you pulled it and I personally think you are over stepping your bounds. Supervisor Brower-I do not think so. 6.0 TOWN BOARD DISCUSSIONS SUPERVISOR BROWER-Tuesday at 7:00 P.M. in this room there will be a public information meeting the Lake George Plan for the future ...also the Assessment Board of Review will meeting on Tuesday... Wednesday at 9:30 A.M. there is a meeting you should attend behind Carl R's with County representatives, Planning Depts. our Engineers... to walk the Exit 18 Corridor... also Rick Missita met with me suggesting Thursday May 31st. at 4:00 P.M. for a driving tour of the Town Road...The Glens Falls Symphony they are trying to get a joint cooperation between Glens Falls and Queensbury for a concert series, I informed them we did not have any money budgeted for this, money would have to come out of contingency, if they planned on this in the future they should get us a budget request...our Attorney had indicated that if it was something that was in the City of Glens Falls we probably could not participate...they walked about with no firm answer from us at all. Councilman Brewer-Noted he did ask them why not have it inthe town? RE: Sidewalks-Pershing Ashley Coolidge people are calling regarding the fixing of the sidewalks and curbs, Mike indicated there might be a possibility of the extension of the sewer in that area, the Highway Dept. indicated that this should be a coordinated effort...Rick has moved that area to be paved to the end of the schedule...Councilman Stec-spoke to a gentlemen in the area and requested that he get signatures for those interested in having sewers in that neighborhood....discussed the areas that would like curbs... 7.0 TOWN COUNCILMEN'S CONCERNS COUNCILMAN BREWER-Discussed the Memorial Day Parade... Supervisor Brower will be present to give the Welcome... COUNCILMAN STEC-Discussed the Library voting procedure..need a resolution... Spoke to the Board regarding an agenda for the City/Tn. Meeting...also discussed the closure of Clifford Avenue offfrom Warren Street... SUPERVISOR BROWER-Requested that Comptroller Hess brief the Board in Executive Session on Sewer Negotiations. 8.0 ATTORNEY MATTERS TOWN COUNSEL SCHACHNER-RE: Indian Ridge parcel option? (to be discussed in Executive Session) RESOLUTION CALLING FOR EXECUITIVE SESSION RESOLUTION NO. 228.2001 INTRODUCED BY: Mr. Timothy Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss Sewer Negotiations and Contractual Matters. Duly adopted this 21st day of May, 2001 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE AND REGULAR SESSION RESOLUTION NO. 229.2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it Executive and Regular Session of the Queensbury Town Board. Duly adopted this 21st. day of May, 2001 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES: None ABSENT: None On motion the meeting was adjourned. Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury