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2002-10-21 REGULAR TOWN BOARD MEETING OCTOBER 21, 2002 MTG#49 RES#408-432 6:35 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY DIRECTOR OF W ASTEW ATER, MIKE SHAW DIRECTOR OF BUILDING & GROUNDS, CHUCK RICE PRESS POST STAR SUPERVISOR BROWER-Opened meeting. Pledge of Allegiance Led by Councilman Tim Brewer PRESENTATION - BILL LAMY NORTH QUEENSBURY SEWER OPTIONS SUPERVISOR BROWER-O'Brien and Gere has been working on a study for sewer options C.T. Male has completed some work prior to Bill being able to brief us on the current status. After Bill briefs us sometime in the near future we will set up a public outreach meeting for those citizens in North Queensbury that would like to attend to see what possible options are available to us. BILL LAMY-At the last Committee Meeting at Warren County noted he briefed the Committee on the status of the Draft Supplemental Environmental Impact Statement that is being prepared by O'Brien and Gere. Thinks this is an important time to come and inform the board where we are and to also look for direction from the Town Board on where we want to go as we finalize this Draft Supplemental EIS. There were several options that were under consideration spoke to the board regarding the options that are no longer viable at this point. Researched all the options on the discharge of raw wastewater to the City of Glens Falls noting this was one of the options. In all of the research done the compliance with the Great Lakes Water Withdraw Regulations, which encompasses a diversity of water from the Great Lakes watershed to the Hudson River drainage basin, is near impossible. O'Brien and Gere has made contacts through the State DEC and we have no ray of hope that a project like this would be approved. The option, wich at one time was extremely viable, was to collect and pump raw wastewater to the existing Lake George Wastewater Treatment Plant. C.T. Male under a separate contract independent of the work that they have done for Warren County was doing an update of an engineering report relating to nitrate removal for the Village of Lake George as part of that study they also looked at the ultimate capacity of the plant. The component over at the Lake George Plant that governs the total discharge is obviously the groundwater recharge beds. Based on their study they came up with a figure that the maximum load to the treatment plant is approximately two point two million gallons. The Village and the Town at this point exceed that figure on their maximum day. There are also plans as part of the original EIS to extend sewers within the Town of Lake George on both sides of the lake. As this would happen they would infringe upon the ultimate design figure of two point two not only for maximum day but also for average dayflows as well. The Village and Lake George have been receptive to expansion of the district to include wastewater flows from outside the service area with the caveat that the plant capacities would not be exceeded. In reviewing some notes the reason this is coming to the forefront now is this was an issue that we expected to study several years ago when we first started the Draft Supplemental process through a series of events. At this point it appears that the Lake George option is not viable. The remaining options that are still there have got a tremendously different style or approach to solving wastewater problems. First there is always status quo there is always the do nothing option which is enforced today. The other option, which has been talked about in the past, has been the formation of a septic tank maintenance district. This is not straight forward it has some limitations in that if you are going to try to improve substandard septic systems there are a number of lots in the service area whee that could not happen. It would be trying to bite into a piece of the pie and solve some of the problems that exist knowing full well that you couldn't solve all of thern. The other option involves central collection pump station and treatment and the discharge of a.... treated effluent with nutrient removal to a tributary that runs into Halfway Brook. The location of the stream that was previously identified the stream has also been identified as the stream as Factory Hill, Factory Brook it's about a mile south of the intersection ofRte 149 on Ridge Road. These are the options that we have, thinks they are at a point which set of problems does the board want them to tackle. Doesn't know if there is enough money in either case to completely solve either set of problems that would be associated with the septic tank maintenance district or with a conventional collection system and a treatment plant. As we try to finalize the Draft Supplemental EIS whatever route we go is something the Town of Queensburywill ultimately be responsible for we think it is important for your input and support. COUNCILMAN BREWER-Do you have any idea of the cost of either option? MR. LAMY-As we pick an option and head in that direction the rest of the stuff would be to finalize those figures at best we can to get back to O'Brien and Gere to see what kind of estimates they have based on desktop analysis. Regardless of what option you pick regardless what the cost is Warren County has stated that future lobbying is certainly in order to go back and secure whatever appropriate funds would be needed to complete either option. One of them involves the conventional construction of laying pipe in the streets and the impacts of lateral connections much more intensive construction wise. In the long run the septic tank maintenance district is going to require a substantial input of labor and personal and routine maintenance. COUNCILMAN BREWER-How would that district work? MR. LAMY -What they've talked over with EP A they could use construction funds to upgrade systems. As part of this there would probably be a Town force that would be involved in routine inspections routine pumping of septic tanks. The disadvantage of that concept is we have not got any support from the regulatory agency to relax separation standards for the lake, tributaries or ground water, or bedrock. We haven't got them to relax any of the applications rate so that you condense a system into a smaller footprint using some of the innovated technology that exists today rather than the old standard we have a lot of work to do to make that particular concept work. We also know that on the peninsula of Rockhurst doesn't see where they are going to be able to help a lot of the people out there. COUNCILMAN BOOR-Asked how many substandard systems there are? MR. LAMY-Doesn't have a number of that. COUNCILMAN BOOR-Noted it would be very critical before you go to seek million of dollars to find out how many actually aren't working. MR. LAMY-This should be part of the Draft Supplemental EIS. COUNCILMAN BOOR-Centralizing a system would be at least a hundred times more costly than to maintain and upgrade septic systems? MR. LAMY-Not prepared to answer that. SUPERVISOR BROWER-Thought that part of the reason for the delay in the study was that you were going to have O'Brien and Gere determine cost estimates for the various options? MR. LAMY-We're down to trying to settle into an option then they will prepare cost estimates. SUPERVISOR BROWER-Understood they were not only going to look at the options remaining but also prepare an estimate for the various options so we know what the rough costs were. MR. LAMY-Looking for direction tonight if you are not enthralled with a septic tank maintenance district there is no sense in us spending a nickel on it. If a conventional convention system and a discharge of treated effluent to Halfway Brook is not going to fly with this Town Board then let's not spend any money on it. We need to know what you want us to do. COUNCILMAN BOOR-Would like to know what the problem is noting they have yet to identify one failing septic system. How does this address Sandy Bay and the eighty five boats that park there everyday and stay there for four and five hours? MR. LAMY-That will not be part of this study. COUNCILMAN BOOR-If a full fledge sewer system is appropriate noted he is all for it doesn't see any effort being looked into to take care of the situation on site noting they haven't identified what septic tanks aren't functioning properly. If there are only fifteen or fifty of them that need to be upgraded wouldn't it be much wiser to upgrade those put holding tanks in if necessary? MR. LAMY -One of the things that they did when they authorized O'Brien and Gere to do the Draft Supplemental EIS is we tried to narrow the focus of exactly what we were doing. The question of need was addressed not only in the original EIS, but was also addressed and litigated in Court. The Courts ruled that the County has submitted sufficient information to stand the test of need. If we need to go back and represent that so that the board can review it thinks this would be feasible. COUNCILMAN BOOR-When was this done? MR. LAMY-Early nineties. COUNCILMAN BREWER-Would like to see the maintenance type of system, but have to identify what it entails. COUNCILMAN STEC- Thinks the management district is the better way to go not interested in discharging treated effluent to Halfway Brook to a tributary. SUPERVISOR BROWER-With a septic tank maintenance district concept if we were to replace certain septic systems asked if the maintenance of these septic systems would be the Town's responsibility from that point forward or the homeowners? MR. LAMY-The district will be a Town sewer district how we pay for the construction of the district will be through the grant. The County has stated that they are ready willing and able to go seek whatever funding is necessary as identified in the Draft Supplemental EIS. If we don't have enough money left in the grant to cover that then the Sewer Committee at the County would lead the way to go seek whatever additional funding would be necessary. The issue that I thought Supervisor Brower was talking about the operation and maintenance of this sewer once the construction is completed, once it is turned over to the local sewer district that then becomes a Town responsibility. COUNCILMAN BREWER-Questioned if they would have to go out and inspect these on a yearly basis? MR. LAMY-Those details have not been worked out. Noted their concern is what's going to be reimbursable under the grant. Need to contact EP A to find out the constraints that would be put upon us to fund the program. SUPERVISOR BROWER-Questioned if the cost of testing systems be part of the reimbursable grant should we choose to go with a septic tank maintenance district? MR. LAMY-Everything they have been involved with so far is they have reimbursed us for capital expenses for construction costs. They will not reimburse us for anything that would fall under operation and maintenance. SUPERVISOR BROWER-Assumes that would be part of the engineering reimbursable expenses doesn't know this for a fact. COUNCILMAN BOOR-Could holding tanks be taken to Lake George? MR. LAMY-Any license hauler has to have a permit to dispose of the waste the location is listed on the permit expects that Lake George could be one of those destinations. SUPERVISOR BROWER-Where do we go from here? MR. LAMY-From what he has gotten out of tonight's meeting is that the concept of a full-scale sewer system is not something that the majority of the board supports. We need to come back with a lot more information with a septic tank maintenance district to see if this is viable. COUNCILMAN BOOR-Noted he is comfortable with that. MR. LAMY -The direction I'm going to give to O'Brien and Gere based on your comments tonight is that we should thoroughly investigate the septic tank maintenance district. SUPERVISOR BROWER-That's the direction what the cost would be the 0 & M would be obviously it is going to end up filtering down to the homeowner. MR. LAMY-IfI have any encouraging news or any red flags that may come up will get back in touch with Supervisor Brower. PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DENNIS BROWER PUBLIC HEARINGS PUBLIC HEARING JOAN DILLION-APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME PARK JOAN DILLION PRESENT CHARLIE PHILION, SHELTER PLANNING DEVELOPMENT PRESENT ON BEHALF OF MRS. DILLION OPENED 7:15 P.M. NOTICE SHOWN SUPERVISOR BROWER-Would you care to speak to the board? Are you here to present her case? MR. PHILION-In case there are any questions. SUPERVISOR BROWER-Do you have anything to say at this time? MRS. DILLION-Not really. I presently have a mobile home on that lot all I'm doing is replacing it with a new mobile home. SUPERVISOR BROWER-I'm familiar with your situation. EXECUTIVE DIRECTOR, MR. ROUND-We don't see a lot of these types of applications, but the Town Board still maintains the authority over issuances over mobile home permits outside of the mobile home park. In this case it's a replacement mobile home and they are generally seen in favorable light by the board. We're looking to upgrade a housing element and this is one of those types of project. You have another one after this and I'll comment on that there is something unique about the next application we'll brief you on that. SUPERVISOR BROWER-Thank you. I appreciate you coming this evening if you don't have anything further to add at this time I'll open up the public hearing for any public comment either for or against your application at this time. MS. DILLION-Okay, I have nothing else to say. MR. PHILION-The only thing I would add to this is the new mobile home will meet the setback requirement for the district that it's in. COUNCILMAN STEC-Does the current mobile home meet... MR. PHILION-No it doesn't. COUNCILMAN STEC-So it will be on a slightly different footprint I guess? MR. PHILION-Yes. COUNCILMAN BOOR-One question I have it says revocable permit is it the permit that is revocable at any time? EXECUTIVE DIRECTOR, MR. ROUND-There is criteria in the Town Code that you can do that. I think that's one of the privileges the Town maintains I've been here for five years I haven't seen the board revoke.. . COUNCILMAN BOOR-Would it be done because of a code violation? What would be a circumstance where you would feel comfortable saying we need to revoke this permit? ATTORNEY HAFNER-I think that's the type of question that would be a good attorney/client question not one to be talked about at the public hearing. SUPERVISOR BROWER-Thank you very much. At this time I'll open the public hearing to members of the public that would like to comment on either for or against this application in front of us at this time. NO PUBLIC COMMENT SUPERVISOR BROWER-No takers in that case I'll close the public hearing and asked board members if they have any questions of the applicant or Shelter Planning? TOWN BOARD MEMBERS-No. SUPERVISOR BROWER-Thank you very much. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR JOAN DILLON RESOLUTION NO.: 408, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code ~ 113-12, and WHEREAS, Joan Dillon filed an application for a revocable "Mobile Home Outside a Mobile Home Court" permit to replace her mobile home with a new model mobile home on property located at 36 Feld Avenue, Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on October 21st, 2002, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Joan Dillon in accordance with the terms and provisions of Queensbury Town Code ~ 113-12, with the condition that Ms. Dillon provide the serial number of the new mobile home to the Town of Queensbury at the time of the building permit application. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None PUBLIC HEARING JEFFREY & REBA JOHNSON-APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE A MOBILE HOME PARK OPENED 7:20 P.M. NOTICE SHOWN EXECUTIVE DIRECTOR, MR. ROUND-There is a public hearing schedule for tonight Mrs. Johnson contacted me this afternoon there are three lots that this particular mobile home is being sited under smaller size lots they are having difficulty resolving a real estate issue with the third lot they are purchasing. They were to close on it prior to today and without being able to close they are not able to commit to this particular project. They asked and I recommend that I think you want to invite any public here tonight to speak they asked that it be tabled to a later date I suggested your second November meeting that would give them another four weeks to resolve this particular issue. COUNCILMAN BOOR-That's November 2nd? EXECUTIVE DIRECTOR, MR. ROUND-No the second November meeting that would be November 18th. Again, I know you would like to open the public hearing and take any comment. SUPERVISOR BROWER-Sure. At this time I will open the public hearing for those parties that have come to speak either for or against this particular application. Would anyone care to address the board either for or against this application at this time? JOHN SAL V ADOR-I would like to ask under what circumstances might such a revocable permit be revoked? COUNCILMAN BOOR-I don't know. MR. SAL V ADOR- Then there really is no basis to entertain the thought of doing this is there? ATTORNEY HAFNER-I disagree. COUNCILMAN BOOR-I rather see it say revocable then irrevocable for a very obvious reason. MR. SALVADOR-Fine. Under what circumstances might such a permit be revoked? SUPERVISOR BROWER-I'll ask our Attorney to answer that question please. ATTORNEY HAFNER-We represent the five of you we don't represent Mr. Salvador. SUPERVISOR BROWER-May I assume that it would be pretty wide ranging authority? ATTORNEY HAFNER-If it breached the sections of the Town Code that it was issued under. MR. SALVADOR-And what sections are they please? ATTORNEY HAFNER-It's around one thirteen twelve. I don't know if there are other sections right near there. MR. SALVADOR-And what are they you have the code there please? ATTORNEY HAFNER-I do not have it here. MR. SALVADOR-Does anyone have the Town Code here? COUNCILMAN BOOR-No. You know we don't know because I already asked so what's the question? MR. SALVADOR-Under what circumstances might such a permit be revoked? COUNCILMAN BOOR-I don't know. COUNCILMAN BREWER-Just hypothetical maybe it's unfit to live in. MR. SALVADOR-Pardon me? COUNCILMAN BREWER-Maybe it's unfit to live in. MR. SALVADOR-Okay what else what other reason? Anyone's occupancy permit can be revoked. COUNCILMAN BOOR-It could be a trillion things. COUNCILMAN BREWER-Think of a reason John and you answer your own question. SUPERVISOR BROWER-I do think the important thing it is revocable. There are certain circumstances upon which it would be enabled, of course, we would consult with our Attorney prior to taking such an action and make sure it is defendable in Court. MR. SALVADOR-Such a permit is a property right the person making application is going to get a permit to continue to use that land in the manner in which they are making application for. COUNCILMAN BOOR-Not to continue to initiate and that's the difference. MR. SAL V ADOR- To initiate okay. The permit becomes their property it is a property right. COUNCILMAN BOOR-Not with this not with a revocable it is a privilege, it's a right. MR. SALVADOR-If I were doing this I certainly would like to know under what circumstances I might be kicked out of my home. EXECUTIVE DIRECTOR, MR. ROUND-I'd be happy to provide Mr. Salvador with a copy of the regulations he can review it if he has some questions we can follow up with thern. MR. SALVADOR-In the meantime could you keep the public hearing open? COUNCILMAN BREWER-What one? MR. SALVADOR-Both. COUNCILMAN BREWER-Not for both we can't. COUNCILMAN BOOR-This one is pulled. We already did the other unfortunately. SUPERVISOR BROWER-Would anyone else care to address the board on this particular application that is before us of Jeffrey and Reba Johnson? Hearing none I'll keep the public hearing open and table it until November 18th, when we will again address this application. PUBLIC HEARING TO REMAIN OPEN PUBLIC HEARING MAIN STREET GATEWAY PLAZA IMPROVEMENT CAPITAL PROJECT OPENED NOTICE SHOWN SUPERVISOR BROWER-Chris would you like to brief the public on this. EXECUTIVE DIRECTOR, MR. ROUND-The Main Street Gateway Plaza Improvement Capital Project the Town received a $450,000 grant from New York State DOT under the Transportation Equity Act of the 21st Century it's called an Enhancement Project we've spoken to the board on several occasions it's for the public benefit. This particular component of the Main Street plan involved construction of a Park and Ride Facility that would be a lot for use by commuters on Exit 18. It also involves the construction of a Gateway Plaza a beautification element to that particular area and it also includes some bicycles facility improvements for Richardson Street. All three of these elements are still conceptual in nature but our Capital Improvement Plan process requires that we conduct a public hearing before we establish appropriations for this particular capital project. The property will involve property acquisition there are several cooperative property owners on the corridor who are interested in providing facilities for he parking ride lot we expect that any acquisition will be through a normal purchase arrangement with the property owner and other means to acquire property. Will be briefing the board and the public as we progress at this point in order for us to sign the contract to receive the funds from DOT we need to conduct this public hearing and establish authorization to sign those contracts. I'd be happy to answer any questions from the public or board. SUPERVISOR BROWER-Would anyone care to comment either for or against the propose Main Street Gateway Improvement? JOHN STROUGH, QUEENSBURY-Once again I want to thank Chris and his efforts of trying to get this Main Street program underway and he's doing an excellent job. I know that conceptually we've talked about it, but do you have any particular properties in mind or anything secure yet? EXECUTIVE DIRECTOR, MR. ROUND-We haven't secured anything this is really the kick off. John you've been part of the conceptual design process once we receive authorization from the State we'll then enter into an agreement with the design consultant and go through looking at some properties and then contact property owners. We have had some cooperative conversations with some people right in the Big Boom Road area specifically for the Park and Ride lot so that looks like that would be the most appropriate location and that is as much as I can say about that. MR. STROUGH-I think the Park and Ride and the Gateway Plaza will be excellent features and really enhance that Main Street project. I just want to go on record showing support. EXECUTIVE DIRECTOR, MR. ROUND-I appreciate it. SUPERVISOR BROWER-Would anyone else care to address the board on this particular public hearing regarding the Main Street Gateway Plaza Improvement Capital Project? Hearing none I'll close the public hearing. I too would like to commend Chris Round and Marilyn Reba for their efforts particularly Chris on securing grant funding for this effort. I think Main Street is going to be important it started out simply as a road project and it certainly has become more than that for the Town and its also the entry not only the entry way for the Town of Queensbury but also the entry way for the City of Glens Falls off Exit 18. I think you are going to see some dramatic improvements to that part of Town in the next several years particularly after new sewer and water mains are installed and some of the improvements that are already in the works are achieved. Any other input from Town Board members? COUNCILMAN STEC- Thank you Chris. COUNCILMAN BOOR-Same what Dennis said. PUBLIC HEARING CLOSED 7:30 P.M. RESOLUTION AUTHORIZING ESTABLISHMENT OF MAIN STREET GATEWAY PLAZA IMPROVEMENTS CAPITAL PROJECT RESOLUTION NO.: 409, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 245, 2002 the Queensbury Town Board adopted the Year 2002 Capital Improvement Plan (CIP) for the Town of Queensbury, which CIP included the Town's proposed 2002 prioritized short and long-term Capital Projects, and WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and WHEREAS, the Town Board scheduled and duly held a public hearing on October 21st, 2002 concerning establishment of the Main Street Gateway Plaza Improvements Capital Project, a subset of the Main Street Underground Utilities/Streetscape Improvements Capital Project currently listed as Project 2 on the Town's approved CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Main Street Gateway Plaza Improvements Capital Project, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Main Street Gateway Plaza Improvements Capital Project Fund #134 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a budget adjustment from Account No.: 064-9950-9030 in the amount of $113,000 and Federal Funds to be received in the amount of $450,000, totaling $513,000 to transfer to Main Street Gateway Plaza Improvements Capital Project Fund #134, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Comptroller's Office to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: Revenue Acct No. - 134-0134-4789 - $450,000 (Other Economic Assistance); Revenue Acct No. - 134-0134-5031- $113,000 (Interfund Transfer); Expense Accts - 134-8020-2820- $200,000 (Purchase of Land); 134-8020-2899 - $300,000 (Capital Construction); 134-8020-4400 - $33,000 (Misc Contractual); and 134-1990-4417 - $30,000 (Contingency), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to amend the 2002 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING IMPLEMENTATION AND FUNDING OF FEDERAL AID-ELIGIBLE COSTS CONCERNING MAIN STREET GATEWAY PLAZA IMPROVEMENTS CAPITAL PROJECT RESOLUTION NO.: 410, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by previous Resolution, the Queensbury Town Board authorized establishment of the Main Street Gateway Plaza Improvements Capital Project, and WHEREAS, the Main Street Gateway Plaza Improvements Capital Project, P.I.N. 1756.14, (Project), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the Town of Queensbury wishes to advance the Project by making a commitment of 100% of the federal and non-federal share of the costs of the Main Street Gateway Plaza Improvements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reaffirms and authorizes its establishment of the Main Street Gateway Plaza Improvements Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Comptroller to pay in the first instance 100% of the federal and non-federal share of the cost of the work for the Project or portions of the Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs $113,000 to be appropriated from Fund #64 - Capital Reserve Fund and $450,000 in the form of an interfund loan from the General Fund to be paid upon the availability of the Federal Funds and such sum is made available to cover the cost of participation in the Project, and BE IT FURTHER, RESOLVED, that in the event that the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Queensbury Town Board shall convene as soon as possible to appropriate such excess amount immediately upon the notification by the Town's Executive Director of Community Development, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Supervisor and/or Executive Director of Community Development to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the Town with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Town's first instance funding of Project costs and permanent funding of the local share of federal aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development to file a certified copy of this Resolution with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Executive Director of Community Development to take all action necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Questioned if they are going to fund this a hundred percent without having received the federal monies? ATTORNEY HAFNER-This is typically the way these things are done. You see this a lot in water and sewer districts with EFC. You don't have to pay all of it up front but you have to pay it all and get reimburse. A lot of times as the project goes on we finish this stage you prove to them that you paid for it and you got it then they'll pay you your eight percent that's the only way we're going to get the money. COUNCILMAN BOOR-This is just setting up the fund? ATTORNEY HAFNER-And agreeing that you will meet the terms of the contract. PUBLIC HEARING ACQUISITION OF PROPERTY BY EMINENT DOMAIN WITH CREATION OF SOUTH QUEENSBURY-QUEENSBURY AVENUE SEWER DISTRICT OPENED 7:35 P.M. NOTICE SHOWN SUPERVISOR BROWER-Just to brief people the South Queensbury Queensbury Avenue Sewer District is a very ambitious project that I'm pleased is under construction at the current time. It involves extending sewers from Quaker Road through the Nimo right a way down Queensbury Avenue which some people know as County Line to the Airport Industrial Park and into Washington County picking up Washington County's existing sewer treatment plant waste as well as properties in the Industrial Park of Washington County sending the waste through Queensbury down Queensbury Avenue incorporating the new Queensbury Industrial Park which in on County Line Road to the Glens Falls Sewer Treatment Plant. One of the problems we've had is obtaining easements on a couple parcels that are on Apollo Drive because of the difficultly in obtaining the easements and because of some of the bank financing involved we weren't able to achieve an easement from the companies involved and therefore were going to initiate eminent domain proceedingsfor an easement on their property to establish a sewer line so that we can get the sewage from Quaker Road to Dix Avenue and ultimately to the Glens Falls Sewer Treatment Plant, Bob do you any further to add? ATTORNEY HAFNER-The history, this property was once owned by someone previous to the current owners we had gotten written letters saying that we would get the easement when we got farther along and then it got transferred to the new owners.. just sort of hand strung by his financing. It's a short part of the thing but it is necessary to complete the connection. SUPERVISOR BROWER-This is our proposal and I'd like to know if any members of the public would care to comment either for or against or actions at this time? GEORGE FARONE-It happens I'm here for my daughter's project tonight, but I find it interesting because it's something that has an effect on me as I'm the Executive Director of Administration for Tribune Media Services which shares a property with Niagara Mohawk. You mentioned Apollo Drive does that have anything to do with the Niagara Mohawk property as well or is that part of the project already been approved by that Corporation? I know they've been in contact with our Company regarding impact and businesses that we run on the property? SUPERVISOR BROWER-Bob would you care to address that? ATTORNEY HAFNER-It's exactly that property. We've had a lot of discussions with Niagara Mohawk, Niagara Mohawk is a tenant of that parcel and Tribune is a sub-tenant of that parcel. We've had a lot of discussions with Niagara Mohawk and we've set up our path through the property to minimize any impact to businesses along the way. In fact we just got a slightly revised map that moves one of the lines a little bit so more of those big trees along Apollo Drive won't be affected by the equipment that is necessary to dig the trench. We've been working with them, this is exactly the project, we've heard about the path has not changed except to spare a couple of the big trees along the way. MR. F ARONE-This project will occur without approval from Niagara Mohawk or you said you had approval from the actual property owner? COUNCILMAN BOOR-There is a bank. SUPERVISOR BROWER-It's Niagara Realty Statutory Trust is one of the groups. COUNCILMAN BOOR-It's convoluted one says I won't do it unless you do it and the other says I won't do it unless you do it. ATTORNEY HAFNER-Mr. Farone the reason were doing eminent domain is because we do not have a signed easement from the owner. The parcel your business is located on is actually owned by the City of Glens Falls IDA, but they have a contractual relationship with this Niagara Realty Statutory Trust. MR. FARONE-Okay. ATTORNEY HAFNER-And they are beneficial owners the people that we have to get permission frorn. They have asked for certain things from Niagara Mohawk and we just haven't been able to work it out. We have I forget the exact total of the project but it's around two million dollars Mike? A two million dollar sewer project we need to go forward we're not going to get some of the federal funds if we don't have title to the property we have to move forward. We're still hopeful that we'll be able to work it out with an easement. We received something today, which we might be able to move forward on the consent I haven't had a chance to update the board on that yet until we get that down to the Attorneys for the owners of the property you are a sub-tenant, we have to move forward we have a contract. MR. F ARONE-Will there be some formal notification to the people who will be affected by this i.e. Niagara Mohawk, of course, we will be notified through them as we sub-lease from them? ATTORNEY HAFNER-Michael do you know I would assume that would happen by the contractor. DEPUTY W ASTEW A TER DIRECTOR, MIKE SHAW-The contractor he will notify the tenants when construction starts. Nimo also has a Consent Order they have to sign off on that property so everybody involved will know when the construction does start. MR. F ARONE-Thank you. SUPERVISOR BROWER-I would like to ask anyone if they would care to comment at this time regarding this proposal? DON DANIELS, 1 GILMORE AVENUE, QUEENSBURY-How long is the piece of property that were going to be taking over is it a thousand feet long or a hundred feet and approximately how wide would it be? ATTORNEY HAFNER-Thirty feet wide. MR. DANIELS-That's for a truck to be able to go on and service the line? ATTORNEY HAFNER-If it's necessary. MR. DANIELS-If its necessary. Do the property owner that has it now what ever the convoluted ownership is after we were to take this property over do they have the rights to plant grass or things like that or do we wind up doing that? ATTORNEY HAFNER-Let me explain. What were taking is an easement we're not taking title deed title like what you own with a house. We're taking the right like Niagara Mohawk has on many people's properties. We're taking an easement we're having the right to install to maintain and replace our line. In our easement we have language that was approved by the owners for the language that they would accept if we could get this additional consent that we haven't been able to get. That has language that says will put it back in the same condition that it was before we did our work. That's typical the Town will after they do sewer water work they will put the property back in the condition that it was in. Then we don't have any further responsibilities to maintenance after we put it there if we go in and fix it then we put it back in the condition that it is. MR. DANIELS-Thirty feet wide what is the length? ATTORNEY HAFNER-I don't know the answer to that this is a short part compared to the entire length of the line. Do you know where the property is on Quaker Road? MR. DANIELS-Yes. ATTORNEY HAFNER-It goes from Quaker Road sort ofto.... MR. DANIELS-Over to Sanford Street? ATTORNEY HAFNER-Over to Dix and it sort offollows the blacktop it's a little bit off, but it follows the blacktop on the opposite side of where the building is. MR. DANIELS-Has this ground all been tested for any type of pollution, chemicals or things that might be in it? ATTORNEY HAFNER-I don't know the answer to that question. MR. DANIELS-When we remove the dirt where do we put the dirt with this hazardous waste if it turns out to be some type of hazardous waste do we have to send it to Buffalo? COUNCILAMAN BOOR-That's not ours we don't own... MR. D ANIELS- The dirt is not ours we are going to be putting our pipes in there what do we do with the dirt that we took out back in there? ATTORNEY HAFNER-Yeah. MR. DANIELS-So we're going to leave it on site then? COUNCILMAN BOOR-I would imagine I think they are required to lay it on some kind of sand there are certain things we would put in. I would assume that a majority of the native soil would go back in. MR. DANIELS-Has anyone done any test on what the soil consists of as far as any type of pollution? ATTORNEY HAFNER-Michael's waving at me? It's a lot of rock. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-It's pretty much rock it will either be blasted or cut out. Any time you put pipe in the ground you either try to use your soils if you can. If you do run into contaminated soil you have to have it discharged according to law. MR. DANIELS-Yeah. SUPERVISOR BROWER-Mr. Daniels for the record what's your address? MR. DANIELS-Excuse me? SUPERVISOR BROWER-What's your address? MR. DANIELS-l Gilmore. SUPERVISOR BROWER-Queensbury? MR. DANIELS-Queensbury, thirty-six years. SUPERVISOR BROWER-Would anyone else care to address the board on this public hearing? GILBERT BOEHM-Dunham Bay-After we get done using or sending this sewage to the Glens Falls Plant how much of the capacity are we using up? SUPERVISOR BROWER-We don't have the Map, Plan and Report in front of us... MR. BOEHM-The reason I'm asking is the same surplus capacity being sold to a number of different people? SUPERVISOR BROWER-No. COUNCILMAN BREWER-This capacity is all accounted for. COUNCILMAN BOOR-We utilize everything that were going to put in we still have more. MR. BOEHM-Thank you. SUPERVISOR BROWER-Good question. Would anyone else care to address the board at this time on this particular public hearing? Seeing none I'll close the public hearing at this time. PUBLIC HEARING CLOSED 7:45 P.M. RESOLUTION AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN PROCEEDING IN CONNECTION WITH CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 411, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Town Board Resolution No.: 224,2002 the Town Board adopted its Final Order approving creation of the South Queensbury - Queensbury Avenue Sewer District, and WHEREAS, as part of the Project, it will be necessary to run a sewer line across property owned by the Niagara Realty Statutory Trust and also across property owned by the City of Glens Falls Industrial Development Agency, which, upon information and belief, is under contract with the Niagara Realty Statutory Trust and therefore the Niagara Realty Statutory Trust holds equitable title, and WHEREAS, the properties over which easements are proposed to be acquired are located along Apollo Drive to the south of Quaker Road, north and south of the Queensbury- Whitehall Transmission Line Right- of-Way, Queensbury, New York, a portion also being in Glens Falls, New York and include portions of properties identified as Tax Map No's. 303.14-1-33, 303.10-1-10 and 303.15-1-17, and WHEREAS, the Town attempted to negotiate with the property owners to obtain the necessary Project easements but it appears that the Town will not be possible to obtain consent easements in a timely fashion, and WHEREAS, in accordance with Eminent Domain Property Law ~201, the Town Board may exercise its rights to acquire such easements by eminent domain property rights in order to serve a public purpose, and WHEREAS, on October 21st, 2002, the Town Board held a public hearing to inform the general public about the project, review the public use to be served by the project and the potential impacts on the environment and the residents of the locality where the project is to be located and the Town Board heard all persons interested in the proposed project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in accordance with the New York State Eminent Domain Procedure Law, hereby determines that acquisition of the real property rights referred to in the preambles of this Resolution will serve a public purpose since there are no feasible alternative locations for the necessary easements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the commencement of the necessary Eminent Domain proceeding, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation and take any and all action necessary to commence such proceeding and effectuate all terms of this Resolution. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None CORRESPONDENCE DEPUTY CLERK, O'BRIEN-Town Clerk Monthly Report - September 30, 2002 on file Town Clerk's Office. Read the following letters into the record. LETTER - TO: TOWN BOARD FROM: ETHEL WYNN DATED OCTOBER 12, 2002 Queensbury Town Board Bay Road Queensbury, NY 12804 Dear Town Board: This is regarding leaf-pick-up, which is turning out to be an exercise in futility. I'm tempted to do a write- up for Reader's Digest's That's Outrageous column. Why not be sensible about this and wait for the leaves to fall? Ours, and many others won't be down by October 20th. If it should snow before they are picked up, which is an uncommon occurrence, then just do as people do the world over. Deal with it. Shouldn't we expect to cope with unplanned problems once in a while? Should we expect our jobs to be "cushy" all the time? Glens Falls is being sensible about it. They're going to wait for the leaves to fall. They know that you have to wait for the leaves to fall before you can pick them up! Their schedule is from Columbus Day through Thanksgiving Day. I'd like to see Queensbury follow their lead, but I don't expect it. Sincerely, Ethel Wynn (Mrs.) LETTER TO: TOWN BOARD FROM: STEVE SMITH, FIRE MARSHAL, DATED OCTOBER 21,2002 SUBJECT NEW ST ATE REGULATIONS - OPEN BURNING PERMITS Gentlemen: I was just informed this past week that New York State has made some changes in the way that the process for obtaining open bum permits is handled. Previously, a resident of the Town of Queensbury was required to obtain a permit from the DEC first, then obtain another permit from my office. This process has now been reversed. According to a conversation I had this past week with Joseph Bell of the Air Quality Division of the Warrensburg DEC station, the Forest Rangers claim they no longer have the time to issue the permits and conduct the necessary inspections of the proposed bum sites. Therefore, they are passing the responsibility on to my office. Now, if a resident of Queensbury wishes to obtain an open bum permit, they have to apply to my office, and if an approval and permit is granted based on my site inspection and interview of the applicant, then the DEC is satisfied that it's concerns are being met. The responsibility of completing the necessary state paperwork has been delegated to my office as well. My reason for informing the board of this change is because of the fact the board is considering a change to town legislation that would delete the pertinent sections of town law that deal with open burning regulations. I urge the board to delay action on this part of the change until I am able to get more guidance and direction from the state. Thank you very much for your consideration. Sincerely, Steven 1. Smith, Fire Marshal DISCUSSION HELD COUNCILMAN BREWER-That would be 5.10 he's talking about do you want to pull that? EXECUTIVE DIRECTOR, MR. ROUND-You are just setting a public hearing. I think Steve's reference might be erroneous. We'll make sure that is correct if there is any conflict before you, we'll take action. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE OPEN FORUM MARY ARTHUR BEEBE, REPRESENTING LAKE GEORGE ASSOCIATION -Spoke to the board regarding the Proposed North Queensbury Sewer Project noting they have been working to get improved wastewater treatment in this part of the Town for more than thirty years. For many years there have been people who have advocated the do nothing approach in Queensbury for wastewater treatment around Lake George. In the late seventies it was the North Queensbury residents who voted through a resolution to support the sewering of North Queensbury. They turned out in great numbers that they carried the vote for the whole Town in spite of opposition at South Queensbury noting this should put some perspective on their desire and understanding of the value of protecting the water quality of Lake George. In the interim years without the sewers development has taken place and is continuing to take place noting the development patterns are changing and are respectfully and rightfully are controlled by your zoning procedures not by the absen or the presence of sewage facilities. Feels that it is time that we take a very close look at doing everything possible to improve the wastewater treatment in this area. Thinks it is important that we look into both of the options that were presented tonight and not draw any quick conclusions, noting there are significant problems with establishing a district. One of the problems we don't have control over yet is the fact that New York State Health Codes do not allow us to use the most sophisticated on site treatment facilities noting they are grossly outdated. It would not be too soon if you started to write to the Department of Health to get those regulations updated. There are on site methods that we should be looking into that would not only do a better job in handling the bacterial pollution but also the phosphorus loadings to the lake from wastewater. Thinks we should be looking at the best if were going to get in to that kind of district. The other option of some kind of collection system shoul not be quickly discounted. Even if we do a district it is going to be a long time into the future as those cost of operation and maintenance are going to keep coming at us and going up and up it is impossible to predict what those will be. Encourage the board to keep looking. Encourage the board to decide that a no action alternative is totally unacceptable after all these years of looking to the value of the properties as you all know is probably some of the most highly assessed tax property in the area. Asked the board to ask themselves the question what good would it be if that area becomes polluted. DAN OLSON, CARLTON DRIVE, QUEENSURY-Spoke to the board regarding an article in the newspaper concerning waste haulers early pickup of trash in neighborhoods noting it is becoming an increasing problem. Spoke to the board regarding his concern for this problem in his neighborhood also his concern with delivery trucks making late night deliveries and delivery trucks entering and exiting his neighborhood. Spoke with Councilman Turner regarding some of these concerns noting Councilman Turner contacted Hess Gas Station those conditions have changed somewhat it's better. The property cannot handle the business that is going on there it is an accident waiting to happen. They are using Carlton Drive which is a residential street as a commercial entrance to their property also noted the road isn't marked properly asked the board to have the consultants look at this in their traffic study report have them look at the traffic on the weekends and after school. SUPERVISOR BROWER-They are studying the corridor this is a consultant that the Town of Queensbury hired ninety five percent of the project engineering costs are being paid for by New York State the Town is picking up five percent. MR. OLSON-When they are working on this they could make the traffic flow in the neighborhood easier and safer for the residents that live there by tying it in with this consultant. DAVE STRAINER, 1124 RIDGE ROAD, QUENSBURY-Spoke to the board regarding the dredging of Glen Lake noting he feels a lot of people feel the dredging project is only going to benefit the people on the lake. If you look at the resources we have for recreation in the Town of Queensbury for water noting we have no access to Lake George we are the largest municipality on Lake George and are the only one without a Town beach noting on Glen Lake there is a right a way for the use of Glen Lake. Asked the board to revisit this issue hoping that the Town can look at a way to continue the dredging project. Spoke to the board regarding Resolution Setting Public Hearing on Petition for Change of Zone for Property Owned by John H. Bernhard noting he likes this a little better than the first proposal he heard personally believes this is a classic use variance being it would be very tough to sell this property any other way. Spoke to the board regarding Resolution Authorizing Purchase of Property Owned by Double H Hole inthe Woods Ranch, Located on Aviation Road question if this would be the three tax map numbers? SUPERVISOR BROWER-Yes. JOHN SALVADOR-Spoke to the board regarding the Proposal for the North Queensbury Sewer noting that the no action alternative approach is unacceptable. Thought that O'Brien and Gere were going to give direction noting that is the purpose of a Supplemental EIS. Someday the NYS Legislature could mandate that we do something and when they do it is going to be at our expense noting they have done this in other places in NYS. The Lake George Park Commission has yet to re-promulgate their wastewater regulations noting it could force us into doing something or shutdown. Asked the board how much longer do they think they will allow the people of North Queensbury to take their water out of the lake? These are things that should be weighed when you think about the no action alternative. Spoke to the board regarding the Town having no public beach noted that the Town owns two and a half acres of land on Sandy Bay. Spoke to the board regarding Resolution Authorizing Purchase of Property Owned by Double H Hole in theWoods Ranch, Inc. noted in the resolution it says that the property will be necessary for any such connector road asked the board if they have heard of any development? COUNCILMAN BOOR-Yes. MR. SALVADOR-Asked if any building permits application has been submitted? COUNCILMAN BOOR-No, doesn't think we have one now. MR. SALVADOR-If the reason is to have land available for a connector road then purchase only what you need. COUNCILMAN BOOR-Noted they would talk about it when they get to the resolution. MR. SALVADOR-Questioned what is the stated municipal purpose of buying all of this land? SUPERVISOR BROWER-Potential highway improvements. JOHN STROUGH-WIND CREST DRIVE OFF OF WEST MOUNTAIN DRIVE-Spoke to the Town Board noting he strongly supports the Town Board purchase of property owned by Double H Hole in the Woods Ranch for the following reasons. The one hundred and twenty homes in that area noting the neighborhood needs some protection. Spoke to the board regarding providing this neighborhood with a park. In addition to this it has been identified that there is some need for some green space and open space on the Aviation Road corridor between Exit 19 and Route 9. COUNCILMAN STEC-Is thrilled that this board after ten years after applications that this board wants to contribute to a traffic problem, quality of life problem. The Double H Hole in the Woods should be commended for coming to the table noting the offer price is below the appraisal value noting everyone wins in this situation. MR. TUCKER-Spoke to the board regarding Purchase of Property Owned by Double H Hole in the Woods Ranch, Inc. on Aviation Road. Questioned where is the Town getting the money for this transaction? SUPERVISOR BROWER-It is really the board's prerogative, however, we have tentatively budgeted for 2003. MR. TUCKER-Questioned if taxes will be raised to cover this transaction? COUNCILMAN STEC-No. MR. TUCKER-Spoke to the board regarding the five and a half acres that we were going to acquire from the Hudson Pointe Development asked for an update? SUPERVISOR BROWER-Hasn't heard anything yet. MR. TUCKER-Asked for the Supervisor or the Attorney to look into this matter. SUPERVISOR BROWER-To have Counsel look into this. DONALD SIPP, COURTHOUSE DRIVE-Spoke to the board regarding the Purchase of Property Owned by Double H Hole in the Woods noting he would like to second what Mr. Strough was saying also congratulated the board on taking a forward step noting it is for the betterment of the Town and for the Hole in the Woods. OPEN FORUM CLOSED RESOLUTIONS RESOLUTION AUTHORIZING PROCUREMENT OF EASEMENTS IN CONNECTION WITH CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 412, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 224,2002, the Queensbury Town Board adopted its Final Order concerning the creation of the South Queensbury - Queensbury Avenue Sewer District, and WHEREAS, such Resolution and Final Order requires the Town to obtain certain easements, and WHEREAS, the Town Board wishes to expressly authorize the procurement of easements from certain property owners to complete the Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the procurement of necessary easements from certain property owners located in the vicinity of the South Queensbury - Queensbury Avenue Sewer District, such property owners to include, but not be limited to the following: 1. Niagara Mohawk Power Corporation; 2. Warren County; 3. SPCA of Upstate New York; 4. City of Glens Falls; 5. City of Glens Falls IDA; and 6. Niagara Mohawk Statutory Trust; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to complete and execute the easements and any and all documents associated with the easements and take any and all 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 October, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN CONTRACT AMOUNT WITH KILBY BROTHERS, INC. CONCERNING CONSTRUCTION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO. 413,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 314.2002 the Queensbury Town Board authorized acceptance and award of the bid for the pump station and force main construction in connection with the creation of the South Queensbury - Queensbury Avenue Sewer District from the lowest responsible bidder, Kilby Brothers, Inc., for an amount not to exceed $1,640,000 as delineated in Kilby Brothers, Inc.'s Bid Form dated July 19, 2002, and WHEREAS, Jarrett -Martin Engineers, PLLC has advised that the Town must add four (4) items to the scope of Kilby Brother's contract and therefore the contract amount will correspondingly increase from $1,640,000 to $1,653,789.09 as set forth in Jarrett-Martin's letter to Kilby Brothers, Inc., dated October 7th, 2002 and presented at this meeting, and WHEREAS, the Town Board previously provided for an additional appropriation of $132,000 for construction contingencies and therefore the Project's total, bottom-line budget will not increase as a result of the change in the contract amount with Kilby Brothers, Inc., and WHEREAS, the Town Board wishes to authorize the increase in cost budgeted for the Town's contract with Kilby Brothers, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the increase in Kilby Brothers, Inc.'s contract concerning the pump station and force main construction in connection with the Town's creation of the South Queensbury - Queensbury Avenue Sewer District from $1,640,000 to $1,653,789.09 as set forth in Jarrett-Martin's letter to Kilby Brothers, Inc., dated October 7th, 2002 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Deputy Wastewater Director and/or Town Supervisor to execute any change orders pertaining to this Project totaling not more than $5,000 in aggregate, except that no change order shall be approved or executed at any time that the sum of all orders and change orders, expenditures and encumbrances will total more than the total appropriation for this Project, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes payment for these services with such amounts to be paid from the appropriate General Fund Account(s) and such amount to be refunded in full to the General Fund by future Sewer District users upon creation of the Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Wastewater Deputy Director and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION APPROVING PURCHASE OF NEW 2003 HORTON AMBULANCE BY WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 414, 2002 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 Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including a condition that the Squad 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 Squad 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 Squad wishes to replace its 1996 ambulance by trading it in for a 2003 Horton ambulance for the approximate net purchase price of $101,167 ($127,667 original purchase price minus $26,500 trade-in value of 1996 ambulance), and WHEREAS, there currently is $95,451 in the Squad's Restricted Vehicle Fund, and WHEREAS, the Town Board wishes to authorize the Squad's purchase of the new ambulance using the $95,451 in the Squad's Restricted Vehicle Fund and $5,716 in Squad fundraising receipts, and WHEREAS, the Squad owes the Restricted Vehicle Fund $40,000 for a Town payment not deposited to the Restricted Vehicle Fund in 2000 and the Squad has proposed reimbursing the Restricted Vehicle Fund $8,000 per year beginning in year 2002, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.'s purchase of one new 2003 Horton ambulance for a sum not to exceed the net purchase price of $101,167 ($127,667 purchase price less trade-in of 1996 ambulance for $26,500) with the understanding that the Squad will use $95,451 in available Restricted Vehicle Funds and $5,716 in fundraising receipts toward the purchase, and BE IT FURTHER, RESOLVED, that the Town Board approves the Squad's proposal to reimburse the Restricted Vehicle Fund for the Town's $40,000 payment in year 2000 by paying $8,000 in non-Town funds annually to the Restricted Vehicle Fund for the next five (5) years, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT OF YEAR 2001 SERVICE AWARD PROGRAM RECORDS FOR NORTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 415, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 187,2002, the Queensbury Town Board approved the 2001 Volunteer Fire Company Service Award Program Records for the North Queensbury Volunteer Fire Company, Inc., (Fire Company), and WHEREAS, PENFLEX, Inc., the Town's provider of Administration Services for the Service Award Program, has informed the Town Board that the Fire Company recently notified PENFLEX to report that the Fire Company did not have the correct point total for one of its members, Peter Frederick, and therefore the Fire Company has requested that the Town Board amend the Fire Company's 2001 Year End Report so that Mr. Frederick may receive proper credit for the year 2001, and WHEREAS, the Town Board wishes to approve such an amendment to the Fire Company's Year 2001 Service Award Program Records so that Mr. Frederick will receive proper credit, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the 2001 Volunteer Fire Company Service Award Program Records for the North Queensbury Volunteer Fire Company so that Peter Frederick will receive his proper credit for the 2001 calendar year as delineated in Penflex, Inc. 's September 6th, 2002 letter to the Town of Queensbury and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take all action necessary to effectuate the terms of this Resolution, including making any arrangements to ensure that an additional $400 is contributed to Glens Falls National Bank during calendar year 2002 on Mr. Frederick's behalf. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF EMPIRE STATE APPRAISAL CONSULTANTS, INC. TO PREPARE APPRAISAL IN CONNECTION WITH ARTICLE 7 ASSESSMENT CASES COMMENCED BY KONOVER PROPERTY TRUST AND CPG FINANCE II - LOG JAM MALL PROPERTY RESOLUTION NO.: 416, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town is engaged in litigation with Konover Property Trust and CPG Finance II regarding real property tax assessments on the Log Jam Mall property for the years 2001 and 2002, and WHEREAS, the total assessed value of the property for each of the years in question is approximately $3,189,300 and the tax amounts in dispute are substantial and could result in significant refunds to the property owners if the Petitioners prevail in the litigation, and WHEREAS, the firm of Empire State Appraisal Consultants, Inc. (ESAC) is a reputable and established appraisal company, with 27 years of experience, including extensive experience in appraising malls and other commercial properties, and WHEREAS, ESAC has appraised other commercial property for the Town and its performance and services have been entirely satisfactory and have materially contributed to the ability of the Town to settle past tax assessment litigation without the need for trial, and WHEREAS, ESAC has proposed to prepare preliminary and final appraisals for the Town's use in settlement discussions and litigation, with its fee for the preliminary appraisal not to exceed $3,500 and its fee for a final, trial-ready appraisal, if necessary, not to exceed $3,500 (for a total of $7,000), with the costs ofESAC 's work to be shared equally by the Town and the Lake George School District and WHEREAS, the School Board has approved retaining ESAC to perform the needed appraisal work on the stated terms, with the costs to be shared equally by the Town and the School District, and WHEREAS, the Assessor and Town Counsel recommend that ESAC be retained to provide the necessary appraisal services on the proposed terms, with the cost to be divided equally between the Town and the Lake George School District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Empire State Appraisal Consultants, Inc. (ESAC) to prepare a preliminary appraisal and, if necessary, a final appraisal of the Konover Property Trust / CPG Finance II property, known as the "Log Jam Mall" for the years 2001 and 2002 for the Town's use in property tax assessment litigation, with the cost for such preliminary appraisal not to exceed $3,500 and the cost of a final appraisal, if necessary, not to exceed $3,500 (for a total of $7,000), which costs shall be divided equally between the Town and the Lake George School District, with the Town's portion to be paid from the Assessor's Department Article 7 Account No.: 001-1355-4740, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Counsel and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT None RESOLUTION AUTHORIZING PART-TIME, TEMPORARY EMPLOYMENT OF ANNA PLANTE IN TOWN WATER DEPARTMENT RESOLUTION NO. : 417,2002 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Anna Plante, Billing Supervisor for the Town of Queensbury Water Department, recently submitted her resignation effective October 18th, 2002, and WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire Ms. Plante to work on a part-time basis, up to 48 total hours, in order to complete the November water/sewer billing, thus enabling the Water Department to keep its bills on schedule, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Anna Plante to work part-time, up to 48 total hours, in the Town Water Department to complete the November water/sewer billing, and BE IT FURTHER, RESOLVED, that Ms. Plante shall be paid $25 per hour, to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #4310 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 418, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 4310, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is eighteen thousand five hundred twenty-four dollars ($18,524), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4310 in the Town of Queensbury, New York in the amount not to exceed eighteen thousand five hundred twenty- four dollars ($18,524) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award 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 October, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #4312 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 419,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 4312, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty-three thousand two hundred eighty-five dollars ($23,285), and WHEREAS, work to address lead-based paint hazard requirements has been determined to contribute to the higher costs, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant which is in excess of the grant maximum as an eligible use of program funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4312 in the Town of Queensbury, New York in the amount not to exceed twenty-three thousand two hundred eighty-five dollars ($23,285) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award 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 October, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY JOHN H. BERNHARD FROM RR-3A (RURAL RESIDENTIAL - THREE ACRES) TO PROFESSIONAL OFFICE (PO) RESOLUTION NO.: 420,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by John H. Bernhard to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 289.06-1-6 located at 483 Glen Lake Road, Queensbury from RR-3A (Rural Residential - Three Acres) to PO (Professional Office), and WHEREAS, on or about September 23rd, 2002, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and WHEREAS, on or about October 15th, 2002, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, Warren County Planning Board approval is not necessary for this rezoning application, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, November 4th, 2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by John H. Bernard bearing Tax Map No.: 289.06-1-6 located at 483 Glen Lake Road, Queensbury would be rezoned from RR-3A (Rural Residential- Three Acres) to PO (Professional Office), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 2002 TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 "FIRE PREVENTION AND BUILDING CONSTRUCTION" TO DELETE SECTIONS ~88-22 AND ~88-23 RESOLUTION NO. 421, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _ of 2002 to amend Queensbury Town Code Chapter 88 entitled "Fire Prevention and Building Construction," in order to properly reference the "Building Code of New York State" rather than the "New York State Uniform Fire Prevention and Building Code" as presently referenced in the Town Code, as well as delete ~88-22 and ~88-23 as these sections are already dealt with in New York State Law and therefore are not currently being enforced by the Town of Queensbury, 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.rn. on November 4th, 2002 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: _ of 2002, 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 2002 in the manner provided by law. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON THE TOWN OF QUEENSBURY'S 2003 PRELIMINARY BUDGET RESOLUTION NO.: 422,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1, 2003, and WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2003, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER RESOLVED, that copies of the Preliminary Budget shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER RESOLVED, that the Town Board will conduct a public hearing on November 7th, 2002 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town's Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law ~ 108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2003 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2003 has been filed in the Queensbury Town Clerk's Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public hearing on November 7th, 2002 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law ~108 that the proposed salaries of Town of Queensbury elected officials for Year 2003 are as follows: TOWN SUPERVISOR $55,433 DEPUTY SUPERVISOR $ 1,327 TOWN COUNCILMAN (4) $14,322 TOWN CLERK $53,151 TOWN HIGHWAY SUPERINTENDENT $58,350 TOWN JUSTICES (2) $34,373 Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 423, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2002 Town Budget as follows: BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-4800-0022 (Equipment Repairs) 01-1680-2031 (Computer Hardware) 475. COMMUNITY DEVELOPMENT/BUILDING & CODES: FROM: TO: $ AMOUNT: 01-8020-2010 Fum. & Equipment) 01-3620-2001 (Misc. Equipment) 500. (Office Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ADDENDUM TO QUEENSBURY PARTNERS PLANNED UNIT DEVELOPMENT AGREEMENT RESOLUTION NO.: 424,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 395,2000 the Queensbury Town Board approved The Meadows Planned Unit Development (PUD) subject to execution of a Planned Unit Development Agreement by the Town, Bay Meadows Corporation (Owners) and Queensbury Partners L.P. (Developers), and WHEREAS, by Resolution No.: 402,2002 the Town Board approved the Queensbury Partners Planned Unit Development Agreement between the Town, Owners and Developers, and WHEREAS, the Town, Owners and Developers have reached an agreement concerning an Addendum to such PUD Agreement concerning the Owners and Developers' offer to donate a four (4) acre parcel to the Town to be used for open space and/or recreational areas for the public, and WHEREAS, a copy of the proposed Addendum to the PUD Agreement has been presented at this meeting and is in form approved by the Town's Director of Community Development and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Addendum to the The Queensbury Partners Planned Unit Development Agreement between the Town, Bay Meadows Corporation and L.P. as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Addendum to Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE ATTORNEY HAFNER-At the last Town Board they approved a PUD for the Bay Meadows Development part of this type of development is that the developer has to make certain contributions towards the recreation fund it is five hundred dollars a unit. The developer offered as part of his payment to contribute four acres of land noting the Town has accepted this with the four acres being treated as paying six thousand dollars towards the total amount that's owed. RESOLUTION ACCEPTING DEDICATION OF BURNT HILLS DRIVE AND KYLIAN'S WAY IN BURNT HILLS SUBDIVISION RESOLUTION NO. 425, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Burnt Hills, LLC has offered two (2) deeds to dedicate Burnt Hills Drive and Kylian's Way, roads located in the Burnt Hills Subdivision located off Sherman Avenue, to the Town of Queensbury as described in an August 15, 2002 Survey prepared by VanDusen & Steves, Land Surveyors, LLC, and WHEREAS, the Town Highway Superintendent has inspected the roads and recommended their acceptance, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances have been made in accordance with Town Water Department standards, and WHEREAS, the Town Director of Building and Codes Enforcement has inspected the roads and recommended their acceptance, and WHEREAS, the form of the deeds and title to the roads offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deeds for dedication of Burnt Hills Drive and Kylian's Way as Town highways, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Burnt Hills, LLC to properly record the deeds in the Warren County Clerk's Office, after which time the deeds shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Burnt Hills Drive Road Number: 534 Description: Beginning at Sherman Avenue and continuing in a southwesterly direction a distance of 1,676 feet and .32 hundredths of a mile and ending at a dead end. Feet: 1,676' and .32 of a mile Name: Kylian's Way Road Number: 535 Description: Beginning at Sherman Avenue and continuing in a southerly direction a distance of 800 feet and .15 hundredths of a mile and ending at Burnt Hills Drive. Feet: 800' and .15 of a mile Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF PROPERTY OWNED BY DOUBLE H HOLE IN THE WOODS RANCH, INC. LOCATED ON AVIATION ROAD RESOLUTION NO.: 426, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, three (3) parcels ofland totaling 4.39:1: acres known as the "Hole in the Woods" property (Property) located along the north side of Aviation Road at its intersection with Old Aviation Road in the Town of Queensbury, Tax Map Parcel No.'s: 302.06-1-32,302.06-1-33 and 302.06-1-47 are currently for sale, and WHEREAS, the Town has obtained an appraisal of the Property and the appraisal reports that the Property is valued at $300,000, and WHEREAS, there have been several studies which have concluded that a connector road may be necessary in the future, and WHEREAS, the Property will be necessary for any such connector road and the Town Board has determined that the Property should be purchased now, while it is vacant, rather than after any possible future development, and WHEREAS, the Town Board has determined that the Property is necessary for future road improvements, drainage, and/or other proper public purpose, and WHEREAS, the Town Board wishes to purchase the Property for $250,000 plus any costs associated with recording the deed, and WHEREAS, the Town Board has determined that it will not be paying any more than the Property's fair value, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and authorizes the purchase of the "Hole in the Woods" Property known as Tax Map Parcel No.'s: 302.06-1-32,302.06-1-33 and 302.06-1-47 consisting of 4.39:1: acres located along the north side of Aviation Road at its intersection with Old Aviation Road in the Town of Queensbury from the Double H Hole in the Woods Ranch, Inc., for $250,000, such purchase to occur in January, 2003 or such later time as may be agreed upon, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for the Property, plus any necessary recording fees, shall be from Account No.: 001-1940-2799 contingent upon adoption of the Year 2003 Town Budget, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete these transactions, including, without limitation, a real estate contract in form acceptable to Town Counsel, any Real Property Transfer Reports and Capital Gains Affidavits and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION DECLARING EMPLOYEE ELIGIBLE TO RECEIVE BENEFITS OF 2002 RETIREMENT INCENTIVE PROGRAM RESOLUTION NO.: 427, 2002 (MOTION DEFEATED) INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Dennis Brower WHEREAS, by Resolution No.: 332, 2002, the Queensbury Town Board enacted Local Law NO.4 of 2002 adopting the 2002 Retirement Targeted Incentive Program offered to eligible Town of Queensbury employees, and WHEREAS, the Town Comptroller has furnished a list of employees eligible to benefit from this Retirement Targeted Incentive Program and requested that the Town Board officially declare these employees eligible to receive the Retirement Program's benefits, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby declares the following employee eligible to receive the benefits of the 2002 Retirement Targeted Incentive Program: James Coughlin; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to provide Mr. Coughlin with notice of his eligibility along with information and forms provided by the New York State Employees' Retirement System and to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of October, 2002 by the following vote: AYES Mr. Boor, Mr. Brower NOES Mr. Turner, Mr. Stec, Mr. Brewer ABSENT: None RESOLUTION AWARDING BID FOR REMOVAL OF EXISTING ROOF AND INSTALLATION OF NEW ROOF AT TOWN COURT BUILDING ON GLENWOOD AVENUE RESOLUTION NO. 428, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board authorized the bidding for the removal of the existing shingled roof surface and installation of a new, standing seam metal roof surface at the Town Court Building on Glenwood Avenue consistent in accordance with specifications prepared by the Town's Facilities Manager, and WHEREAS, the Facilities Manager duly followed the proper procedures for bidding such work on behalf of the Town, and WHEREAS, the Town Clerk has duly received and opened all bids, and WHEREAS, the Town Clerk and Facilities Manager have recommended that the Town Board award the bid to the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the bid for the removal of the existing shingled roof surface and installation of a new, standing seam metal roof surface at the Town Court Building on Glenwood Avenue is hereby awarded to the lowest responsible bidder Wilson Contracting, Inc., in an amount not to exceed $21,000, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes and directs the Town Comptroller to arrange for payment to such company from the appropriate account(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Facilities Manager and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING UNPAID LEAVE OF ABSENCE FOR SANDY KRUGER RESOLUTION NO.: 429,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Sandy Kruger, an employee in the Town of Queensbury's Department of Building and Codes, was placed on Family Medical Leave under the Federal Family Medical Leave Act (FMLA) on June 25th, 2002 and such Family Medical Leave expired on September 17th, 2002, and WHEREAS, Ms. Kruger has exhausted all paid leave available to her, and WHEREAS, Ms. Kruger has now requested Town Board approval to take up to one year of unpaid leave of absence as set forth in the Town's Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc., (CSEA), and WHEREAS, Ms. Kruger has submitted medical documentation supporting a need for leave through November 5th, 2002, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board grant unpaid leave with an effective date of September 18th, 2002 extending through November 5th, 2002 with the understanding that Ms. Kruger will provide additional documentation to the Town if she needs or desires additional leave by November 4th, 2002 as unpaid leave of absence, and WHEREAS, in accordance with the Town's Agreement with CSEA, Town Board approval is necessary before an employee may take such a leave, and WHEREAS, the Town Board has carefully considered the circumstances of Ms. Kruger's request and the Executive Director of Community Development's recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an unpaid leave of absence to Sandy Kruger effective September 18th, 2002 through November 5th, 2002 in accordance with the Town's Agreement with the Town of Queensbury Civil Service Employee's Association (CSEA), and BE IT FURTHER, RESOLVED, that Ms. Kruger shall notify the Town Board and Executive Director of Community Development in writing by November 4th, 2002 of her intention to return to work or request further unpaid leave and supply supporting documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Worker's Compensation Benefits. Duly adopted this 21st day of October, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-Met with residents of the Homeowners Group of Glen Lake regarding the dredging project noting that he conveyed to them that he was in support of the project would be in favor of putting some money forward matching funds thought that other board members were of the like. Tried to explain to them that our Attorney has advised us that this type of lake shows that the lake bottom is privately owned noting that the Town is prohibited from working on private property this would obviously open the Town up to a lot of liability. Spoke to the group noting he thought it was going to be very hard to convince or recommend that the Town take on lead agency status for this project assured them he would go back to the Attorney which he has done and try to get the case law which dictates that the bottom is privately held. Attorney Hafner is working on this will bring this back to the group. Would like to see private monies raised would like to see the Town maybe match them thinks it's a worthwhile projectthinks the Town should be limited to only helping finance not take on any of the legal liability. COUNCILMAN TURNER-Thinks they ought to incorporate if they are going to do what they want to do then we can move ahead with our end of it. COUNCILMAN STEC-Need to seek quotes for insurance costs regarding this project strongly encouraged the Supervisor and Comptroller to work together to get a package together so we can get bids on quotes. Spoke to the board regarding the contract for the Snowmobile Club asked if the board is going to do this it needs to be done. ATTORNEY HAFNER-To take care of this by the next meeting. COUNCILMAN BREWER-Spoke to the board noting that Councilman Turner and himself have hopefully finished negotiations with CSEA on October 17th, noting the Union will be voting on it Thursday. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 430, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one matter personnel. Duly adopted this 21st, day of October, 2002, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 431,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session. Duly adopted this 21st day of October, 2002, by the following vote: Ayes: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec Noes: None AbsentNone RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 432, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 21st, day of October, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT:None No further action taken. On motion meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury