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1998-04-20 REGULAR TOWN BOARD MEETING APRIL 20, 1998 7:04 P.M. BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Paul Naylor, Highway Superintendent Ralph VanDusen, Water Superintendent Mike Shaw, Deputy Director Wastewater Henry Hess, Controller Chuck Rice, Facilities Manager Dennis Brower, Warren County Board of Supervisor PRESS: GF Post Star, AC.C. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TURNER Supervisor Champagne called meeting to order ... RESOLUTION OF PROCLAMATION RESOLUTION NO. 145,98 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, the Queensbury Senior Citizens group was organized on March 7, 1980 with 90 members, and WHEREAS, the Queensbury Senior Citizens has since become incorporated and now numbers 1,579 members, and WHERAS, the Queensbury Senior Citizens provide recreation, social and educational programs for seniors living within the Town of Queensbury and the region, and WHEREAS, the month of May has been designated as Elder Americans Month, NOW, THEREFORE BE IT RESOLVED, that I, Fred Champagne, Town Supervisor, for the Town of Queensbury, on behalf of the Town Board and the residents of the Town of Queensbury, do hereby proclaim the month of May as SENIOR CITIZENS MONTH in the Town of Queensbury. Duly adopted this 20th day of April, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 146,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and enters as the Queensbury Board of Health. Duly adopted this 20th day of April, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE FOR KENNETH SAWYER NOTICE SHOWN 7:08 P.M. SUPERVISOR CHAMPAGNE-Okay, we'll open the public hearing, sewer variance for Ken Sawyer. Someone is here to speak on behalf of Ken Sawyer. Yes sir, your name and MR. JAY SWEET -Jay Sweet, Queensbury Sewer. SUPERVISOR CHAMPAGNE-Okay. I understand that we have a leach field that's going in that's eighty- five feet rather then the hundred feet that's required and the relief then is for a fifteen foot reduction in the well to the leach field. Is that correct? MR. SWEET-That's right, that's the closest we can get. SUPERVISOR CHAMPAGNE-Is this is replacement or this is MR. SWEET -Replacement. SUPERVISOR CHAMPAGNE-Replacement. So, the existing leach field is how far? MR. SWEET-Is a hundred feet. SUPERVISOR CHAMPAGNE-Is a hundred feet, okay. COUNCILMAN TURNER-We've got a letter here from Dave. SUPERVISOR CHAMPAGNE-Yea, I've got the letter from Mr. Hatin. Okay, are there any neighbors here that would like to speak on behalf or against? Hearing none, does the board have any further concerns, questions, thoughts, ideas? Hearing none COUNCILMAN TURNER-No, I just think part of that resolution ought to be incorporated or part of this paragraph should be incorporated into this resolution that he's relieved the town of any responsibilities. SUPERVISOR CHAMPAGNE-Yes, that's correct? Did you get that Caroline, that we want to include this letter from Dave Hatin in the resolution? Add it to it so there's no future responsibility as I read here on the town's behalf. Did you get a copy of this? COUNSEL SCHACHNER-I have a copy of the letter, I'm not sure I understand the board's request. Mr. Hatin, as I understand it is stating that Mr. Sawyer has in fact executed some kind of release. If that's true, that's great. COUNCILMAN TURNER-Yea, he's relieved the town of any responsibility and I just wanted that incorporated that in the resolution, as part of the resolution. COUNSEL SCHACHNER-Right, okay. Referencing Dave Hatin's letter or just mentioning that concept? COUNCILMAN TURNER-Referencing his letter, Dave Hatin's letter. SUPERVISOR CHAMPAGNE-Or do we need something in writing from Mr. Sawyer? COUNSEL SCHACHNER-We absolutely do need something in writing from Mr. Sawyer but I understand Mr. Hatin's letter to indicate we have something in writing from Mr. Sawyer. COUNCILMAN TURNER-Do we have that? MR. SAWYER-Yes. MR. SWEET-You should have a copy of it. SUPERVISOR CHAMPAGNE-We do have that? MR. SAWYER-Yes, you do. COUNCILMAN TURNER-Was it part of his application? MR. SWEET-Yes. MR. SAWYER-Yes. SUPERVISOR CHAMPAGNE-Okay, close the public hearing or do we vote during the public hearing? DEPUTY TOWN CLERK BARBER-Close the public hearing. SUPERVISOR CHAMPAGNE-Anything further? Ifnot, we'll close the public hearing. PUBLIC HEARING CLOSED 7:10 P.M. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR KENNETH SAWYER BOARD OF HEALTH RESOLUTION NO.: 12,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Kenneth Sawyer previously filed a request for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that there be a one-hundred feet (100') distance between the absorption field and the well, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on April 20th, 1998, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Kenneth Sawyer allowing the placement of the absorption field eighty-five feet (85') from the well in lieu of the required one-hundred feet (100') distance on property situated at 17 Yorkshire Drive, Sherwood Acres Subdivision, Town of Queensbury, New York, and bearing Tax Map No.: 48-3-50.232. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None Counsel Schachner-Fred, just to clarify that, part of the application and you should have this in your packet, includes the statement that Mr. Sawyer signed on March 30th relieving the town of responsibility. RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO. 13,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 20th day of April, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None REGULAR SESSION PUBLIC HEARING - SURREY FIELDS & THUNDERBIRD DRIVE WATER DISTRICT EXTENSIONS NOTICE SHOWN 7:12 P.M. SUPERVISOR CHAMP AGNE- Tom or Ralph, whose going to lead us off on this? TOM NACE, NACE ENGINEERING-Do you want a map up or are you all familiar with it? SUPERVISOR CHAMPAGNE-I'm familiar enough with it, I don't know whether anyone else here is? MR. NACE-Okay, if anybody, if there's any questions I can put it up. Okay, basically this is a water district, it would be an extension of the combined Consolidated Queensbury Water District to serve the Surrey Fields Subdivision along with two adjacent residences who have requested service and also to incorporate an existing out of district service over on Thunderbird into the district. SUPERVISOR CHAMPAGNE-Okay, is there anyone here wishing to speak on behalf of this project or against it? Hearing none, this all too easy here tonight. COUNCILMAN TUCKER-I have a question. SUPERVISOR CHAMPAGNE-Okay, go ahead. COUNCILMAN TUCKER-Tom? MR. NACE-Yes. COUNCILMAN TUCKER-Is it in the map, plan and report that they're going to put in the twelve inch line up the road? MR. NACE-That is in the agreement between the town and the developer. COUNCILMAN TUCKER-Yea, I mean it didn't, I read the resolution, I didn't see it anywhere in there. MR. NACE-At the time that the map, plan and report was put together, no. It was shown on the map as twelve but it wasn't clear at that time that the developer was picking up the entire cost of the twelve and that is the case. COUNCILMAN TUCKER-And I gather the Water Department is going to supervise? MR. NACE-They will be inspecting the construction and I will also. COUNCILMAN TUCKER-Okay. That's it. SUPERVISOR CHAMPAGNE-Anything else? Thank you, Tom. MR. NACE-Thank you. SUPERVISOR CHAMPAGNE-Anyone else? Okay, we'll close the public hearing. PUBLIC HEARING CLOSED 7:15 P.M. Counsel Schachner lead the Town Board through the SEQRA review: FULL ENVIRONMENTAL ASSESSMENT FORM IMPACT ON LAND 1. Will the proposed action result in physical change to the project site: NO Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 1O%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO Specific land forms: IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? NO Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? NO Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: 5. Will proposed action affect surface or groundwater quality or quantity? NO Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? NO Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMP ACT ON PLANTS AND ANIMALS 8. Will proposed action affect any threatened or endangered species? NO Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 9. Will proposed action substantially affect non-threatened or non-endangered species? NO Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMP ACT ON AGRICULTURAL LAND RESOURCES 10. Will the proposed action affect agricultural land resources? NO Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMP ACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? NO Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMP ACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? NO Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMP ACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? NO List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? NO Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMP ACT ON ENERGY 16. Will proposed action affect the community's sources offuel or energy supply? NO Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMP ACTS 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMP ACT ON PUBLIC HEALTH 18. Will proposed action affect public health and safety? NO Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMP ACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing community? NO Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING EXTENSIONS TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT FOR THE SURREY FIELDS SUBDIVISION EXTENSION AND THE THUNDERBIRD DRIVE EXTENSION RESOLUTION NO.: 147,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury is considering the approval and authorization of two (2) extensions to the Queensbury Consolidated Water District, to be known as the Surrey Fields Subdivision Extension and Thunderbird Drive Extension, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING THE ESTABLISHMENT OF THE EXTENSIONS TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT FOR THE SURREY FIELDS SUBDIVISION EXTENSION AND THE THUNDERBIRD DRIVE EXTENSION RESOLUTION NO. 148,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing two (2) extensions to the Queensbury Consolidated Water District, to be known as the Surrey Fields Subdivision Extension and Thunderbird Drive Extension, and WHEREAS, the Michaels Group is the project developer requesting to extend the water district to these two areas, and WHEREAS, a map, plan and report has been prepared regarding the extensions of the existing Queensbury Consolidated Water District, the Surrey Fields Subdivision Extension to serve an area in the westerly area of the Town of Queensbury in the vicinity of the Surrey Fields Subdivision located on the west side of Bay Road, north of Cedar Court and south of Tee Hill Road in the Town of Queensbury and the Thunderbird Drive Extension to serve an area in the western portion of the Town of Queensbury, west of West Mountain Road and south of Butler Pond Road, as more specifically set forth in the said map, plan and report and described therein, and WHEREAS, the map, plan and report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the map, plan and report was prepared by Nace Engineering, Thomas W. Nace, P.E., Consulting Engineer, 37 Chester Street, Glens Falls, New York 12801, an Engineer licensed by the State of New York, and WHEREAS, on March 23, 1998, subsequent to the filing of the Plan with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Water District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Water Districtto the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a map, plan and report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Water District; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Water District was duly held on April 20th, 1998 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed water extensions pursuant to Town Law, Article 12A, and consolidate the same with the Queensbury Consolidated Water District pursuant to Town Law ~206A, and WHEREAS, the said Town Board has considered the establishment of said extensions in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, and NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that: 1. notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2. it is in the public interest to establish, authorize, and approve the Surrey Field Water District Extension and the Thunderbird Drive Extension to the existing Queensbury Consolidated Water District, as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property and property owners within said extensions are benefitted thereby; 4. extensions; all property and property owners benefitted are included within the limits of said 5. pursuant to ~206a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and BE IT FURTHER, RESOLVED, that: the Surrey Fields Subdivision Extension and Thunderbird Drive Extension of the Queensbury Consolidated Water District be and the same are hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the previously described map, plan and report, and construction of the improvements may proceed and service provided and subject to the following; 1. of Health; the obtaining of any necessary permits or approvals from the New York State Department 2. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; 4. the adoption ofa final Order by the Town Board of the Town of Queensbury; 5. the execution of an agreement concerning the extension in form acceptable to Town Counsel; and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided the provisions of Article 7 and Article 12-A of the Town Law of the State of New York and the Town Clerk is hereby authorized and directed to file, post, and publish such notice of this Resolution as may be required by law. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None Counsel Schachner noted that he'll make the corrections in Schedule A of the agreement, to eliminate the number 39 and to change a date on the tax map. (no correspondence) COMMITTEE REPORTS Ralph VanDusen, Water Superintendent gave update to the board on the status of the sale of water to the City of Glens Falls. Noted, we're in the process of making the twenty inch connection between the two. We started site work and are looking at starting construction in approximately three weeks, as soon as the flushing program is done. I attended a meeting this afternoon at city hall with the Water and Sewer Board regarding a possible contract for sale of water to the town that we've discussed at previous meetings. I'm happy to report that the city agreed with a hundred percent of the terms of what we had proposed and the next step will be to have the attorney for the town, Bob Hafner will draw up a contract for submittal to the city. Councilman Tucker referred to conversation with Ralph regarding West Glens Falls Water District. Noted, when we talked about it here at a previous meeting, I said that I'd be agreeable if it went to Division of Audit and Control and got it's okay but I've had conversations with Ralph since then. He's talking about spreading the cost over a ten year period, bringing three hundred and fifty customers in to the water district to help pay for the water plant. He wants to put some pipe in on Newcomb Street, replace a four inch line with a six inch line, he has the material all bought and paid for and he's going to do it with his own people. So I'm in agreement that we go ahead. RESOLUTIONS RESOLUTION PERMANENTLY APPOINTING RALPH VANDUSEN AS WATER SUPERINTENDENT AND BRUCE OSTRANDER AS DEPUTY WATER SUPERINTENDENT RESOLUTION NO. 149,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Resolution No.: 22,98, the Town Board of the Town of Queensbury appointed Mr. Ralph VanDusen to the position of Water SuperintendentJDirector of Wastewater on a temporary basis until further notice from the Town Board, and WHEREAS, the Town Board of the Town of Queensbury wishes to appoint Mr. VanDusen as Water SuperintendentJDirector of Wastewater on a permanent basis, and WHEREAS, the Town Board of the Town of Queensbury, at the recommendation ofMr. VanDusen, wishes to appoint Mr. Bruce Ostrander, Chief Operator, to the additional position of Deputy Water Superintendent that was previously held by Mr. VanDusen, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Ralph VanDusen to the permanent position of Water SuperintendentJDirector of Wastewater and Mr. Bruce Ostrander, Chief Operator, to the permanent, additional position of Deputy Water Superintendent, and BE IT FURTHER, RESOLVED, that the Town Supervisor's Office is hereby authorized and directed to complete such forms as may be required by Civil Service concerning the appointments of Mr. VanDusen and Mr. Ostrander. Duly adopted this 20th day of April, 1998 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None Supervisor Champagne-I just want to say, I've know Ralph VanDusen for an awful long time and I'll tell you, I've got an awful lot of faith in that man and he's deserving, he's been with the town for twenty-five plus years and has done a remarkably, outstanding job. We're very pleased that Ralph was in a position to move forward and take the controls of a tremendous water plant. I'm proud of that Ralph. Councilman Tucker questioned their salaries? Supervisor Champagne noted that their respective salaries need to be discussed for readjustment. RESOLUTION ADOPTING ORGANIZATIONAL CHART FOR WATER AND WASTEWATER DEPARTMENTS RESOLUTION NO.: 150,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, Ralph VanDusen, Water Superintendent, has developed an organizational chart for use in the Queensbury Water and Wastewater Departments and has requested that the Town Board of the Town of Queensbury formally adopt the chart for use by the Water and Wastewater Departments, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the chart and wishes to adopt it for use in the Water and Wastewater Departments, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the Water and Wastewater Department organizational chart presented at this meeting and hereby authorizes and directs the Water Superintendent to use the chart as a guide for the Water and Wastewater Departments. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING VINCENT FRAGASSI AS ELECTRICAL INSPECTOR FOR ALLIED ELECTRICAL INSPECTION AGENCY RESOLUTION NO.: 151,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously adopted Local Law No.4, 87 entitled, "Electrical Law of the Town of Queensbury," and amended the Law at the time the Town Board adopted the Queensbury Town Code (Chapter 80 - Electrical Standards), and WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or individuals to perform electrical inspections within the Town of Queensbury, and the Queensbury Town Board previously determined that Allied Electrical Inspection Agency met these criteria, and WHEREAS, Allied Electrical Inspection Agency has hired Vincent Fragassi as an electrical inspector and has requested that the Town Board authorize Mr. Fragassi as an approved inspector, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Vincent Fragassi of Allied Electrical Inspection Agency to make electrical inspections within the Town of Queensbury, subject to compliance with the standards set forth in Chapter 80 of the Queensbury Town Code. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION HIRING PART-TIME CLEANER RESOLUTION NO. 152, 98 INTRODUCED BY Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Richard Merrill WHEREAS, Chuck Rice, Facilities Manager, has advised the Town Board that it is necessary to hire a part -time Cleaner to work in the Building and Grounds Department, and WHEREAS, the Town Board of the Town of Queensbury desires to hire the needed part-time Cleaner, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Chuck Rice, Facilities Manager, to hire Mr. James Montgomery as a part-time Cleaner, effective Tuesday, April 21 st, 1998, at the rate of $8 per hour, and BE IT FURTHER, RESOLVED, that Mr. Montgomery will be placed on a six-month probation period, and BE IT FURTHER, RESOLVED, that the Facilities Manager and/or Town Supervisor are hereby authorized and directed to complete any necessary forms to effectuate this resolution, and BE IT FURTHER, RESOLVED, that the hourly wages for the part -time Cleaner position shall be paid from the appropriate payroll account. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION TO CONDUCT MARCH OF DIMES WALK AMERICA WALK-A-THON RESOLUTION NO. 153, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the March of Dimes Birth Defects Foundation has requested permission to conduct their annual walk-a-thon, Walk America, as follows: SPONSOR: EVENT: DATE: PLACE: March of Dimes Birth Defects Foundation WALK AMERICA WALK-A-THON Sunday, April 26, 1998 Beginning and ending at Adirondack Community College (Letter and map regarding location of run attached); and WHEREAS, the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the March of Dimes Birth Defects Foundation naming the Town as an additional insured for the Walk America Walk-A-Thon in the Town of Queensbury, WHEREAS, Paul H. Naylor, Town Highway Superintendent has approved the conducting of this event, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the March of Dimes Birth Defects Foundation to conduct the Walk America Walk-A-Thon as described above, and BE IT FURTHER, RESOLVED, that should weather conditions or other conditions necessitate Town Road repair and/or maintenance or require other emergency use thereof, the Town Highway Superintendent may direct modification of the race course, location of the same, and/or cancellation of the race, and BE IT FURTHER, RESOLVED, that this Walk-A-Thon shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT None RESOLUTION AUTHORIZING PURCHASE OF FORD TAURUS STATION WAGON FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 154,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures and in accordance with said procedures, any purchase in an amount of $5,000 or greater, up to New York State bidding limits, must be approved by the Town Board, and WHEREAS, the Director of Parks and Recreation has proposed to purchase a Ford Taurus station wagon for his Department's use for an amount not to exceed $16,830, and WHEREAS, NYS Bidding is not required, since the vehicle to be purchased is under State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of one 1998 Ford Taurus station wagon from Metro Ford, in an amount not to exceed $16,830, to be paid for from Account No.: 01-7110-2020. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION RETAINING THE SERVICES OF COMPRO TO PREP ARE TOWN OF QUEENSBURY NEWSLETTER RESOLUTION NO.: 155,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Supervisor previously advertised and sent out a Request for Proposals to qualified firms and individuals to provide professional services by planning, preparing, developing, and printing a Town of Queensbury Newsletter, and WHEREAS, COMPRO has offered to prepare a four page, three color newsletter for the Town at a cost not to exceed $ 4,410, as more specifically set forth in the copy of their newsletter proposal dated February 22, 1998 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to retain the services of COMPRO to plan, prepare, develop and print a four page, three color newsletter for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury approves of the fee for these services in an amount not to exceed $ 4,410 for each of the four (4) quarterly newsletters, to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign an agreement for the services in form to be approved by Town Counsel. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None Supervisor Champagne noted correction in the second resolved clause to read, $4,410 for each of the four. RESOLUTION APPOINTING CRAIG BROWN TO THE POSITION OF CODE COMPLIANCE OFFICER RESOLUTION NO. 156, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by previous Resolution the Town Board of the Town of Queensbury established the position of Code Compliance Officer and appointed Christopher Round to said position, and WHEREAS, Mr. Round was recently promoted from the Code Compliance Officer position to the position of Executive Director of Community Development and Zoning Administrator, and WHEREAS, Mr. Round and the Town Board of the Town of Queensbury posted availability for the vacant Code Compliance Officer position, reviewed resumes and interviewed interested candidates, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Craig Brown to the position of Code Compliance Officer on a provisional basis until such time as he passes the Civil Service exam for the Code Compliance Officer position and also subject to a six month probation period, and BE IT FURTHER, RESOLVED, that Mr. Brown shall be paid a salary of $30,000.00 per annum to be paid on a prorated weekly basis, and BE IT FURTHER, RESOLVED, that the Town Supervisor and/or Town Controller are hereby authorized and directed to complete any forms necessary to effectuate this Resolution. Duly adopted this 20th day of April, 1998 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING CONTINUATION OF AGREEMENT BETWEEN THE TOWN OF QUEENSBURY, THE TOWN OF QUEENSBURY PLANNING BOARD, THE TOWN OF QUEENSBURY ZONING BOARD OF APPEALS AND THE WARREN COUNTY PLANNING BOARD REGARDING REFERRALS TO THE WARREN COUNTY PLANNING BOARD RESOLUTION NO.: 157,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Resolution No. 452.96, the Town Board of the Town of Queensbury authorized an Agreement between the Town Board of the Town of Queensbury, the Queensbury Planning Board, the Queensbury Zoning Board of Appeals and the Warren County Planning Board, which Agreement provided that certain projects would no longer be referred by the Town Board, Town Planning Board and/or Town Zoning Board to the Warren County Planning Board, and WHEREAS, the term of that Agreement expired in December, 1997, and WHEREAS, by Resolution 92 of 1998, the Warren County Board of Supervisors authorized continuation of the Agreement from January 1, 1998 to February 28, 1998, and WHEREAS, on April 6th, 1998 by Resolution No. 135.98, the Town Board of the Town of Queensbury authorized an additional Agreement commencing April 6th and continuing indefinitely, and WHEREAS, the Warren County Attorney has requested that the Town Board of the Town of Queensbury adopt a Resolution authorizing continuation of the Agreement from January 1, 1998 through February 28, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes continuation of the Agreement between the Queensbury Town Board, the Warren County Planning Board, the Queensbury Planning Board and the Queensbury Zoning Board of Appeals providing that certain projects will continue not to be referred to the Warren County Planning Board, from January 1, 1998 to February 28, 1998. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING INCREASE OF HOURLY WAGE FOR PART-TIME LANDFILL EMPLOYEE ROBERT LONGDEN RESOLUTION NO.: 158,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, James Coughlin, Solid Waste Facilities Operator, has advised that retired landfill employee Robert Longden has returned to work part-time at the landfill at a rate of pay of $9.31 per hour, and WHEREAS, Mr. Coughlin has recommended that the Town Board authorize an increase ofMr. Longden's hourly wage rate to $9.77, the rate of pay Mr. Longden earned before his retirement, and WHEREAS, the Town Board concurs with Mr. Coughlin's recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the increase of Robert Longden's hourly wage rate from $9.31 to $9.77 and further authorizes and directs the Town Controller and Town Supervisor to execute any forms necessary to effectuate this Resolution. Duly adopted this 20th day of April, 1998 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None PRESENTATION Counsels Jon Lapper and Greg Faucher along with James Martin from the LA Group gave brief presentation on behalf of Pyramid Companies regarding the proposed expansion to the Aviation Mall... submittal of the Draft Environmental Impact Statement will be forthcoming for the board's consideration. RESOLUTION ESTABLISHING ESCROW ACCOUNT FOR ENGINEERING AND REVIEW FEES REGARDING THE PYRAMID CORPORATION OF GLENS FALLS' PROPOSED EXPANSION OF THE AVIATION MALL RESOLUTION NO.: 159,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Pyramid Corporation of Glens Falls has proposed an 850,000 square feet expansion project at the Aviation Mall in Queensbury, and WHEREAS, the Executive Director of Community Development has requested that the Town Board of the Town of Queensbury authorize the establishment of an Escrow Account because of the additional Town engineering and review services that will be necessary due to the magnitude of the expansion project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the establishment of an escrow account in the amount of $10,000 to be used in connection with Town engineering and review fees that will be necessary due to the Aviation Mall expansion project, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes that an Escrow Agreement be entered into between the Town of Queensbury and Pyramid Corporation of Glens Falls, such Agreement being in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Controller and Town Supervisor to execute any forms necessary to effectuate this Resolution. Duly adopted this 20th day of April, 1998 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SEEKING SEQRA LEAD AGENCY STATUS AND FORWARDING REQUESTED ZONING AMENDMENTS TO TOWN OF QUEENSBURY PLANNING BOARD FOR AVIATION MALL EXPANSION PROJECT RESOLUTION NO.: 160, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Pyramid Corporation of Glens Falls (Pyramid) seeks approval for substantial expansion of Aviation Mall by approximately 850,000 square feet (the Project), and WHEREAS, Pyramid seeks various approvals from the Town of Queensbury for the Project, such approvals including rezoning of certain properties, amendment of certain provisions of the Town of Queensbury Zoning Ordinance, Site Plan Approval from the Town of Queensbury Planning Board, and approval for relocation of certain water lines, and WHEREAS, Pyramid has submitted its application for rezoning and zoning amendments to the Town Planning Staff and the Staff has deemed Pyramid's Petition complete for review purposes, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations pursuant to ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, compliance with the State Environmental Quality Review Act (SEQRA) is required prior to approval of the Project, and WHEREAS, there are several SEQRA involved agencies including the Town Board of the Town of Queensbury, Town of Queensbury Planning Board and other agencies, and WHEREAS, Pyramid has agreed to submit a Draft Environmental Impact Statement ("DEIS") to accompany its applications for purposes of SEQRA compliance, and WHEREAS, the Town Board of the Town of Queensbury desires to be designated as SEQRA Lead Agency for environmental review of the proposed actions, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to submit Pyramid's application to the Town Planning Board for report and recommendation: APPLICATION FOR REZONING AND MODIFICATION TO ~179-27.1 AND OTHER PROVISIONS OF THE TOWN OF QUEENSBURY ZONING ORDINANCE: PYRAMID CORPORATION OF GLENS FALLS TAX MAP NO.'S: 98-1-1, 98-1-2.1, 98-1-3, 98-1-4 and 98-1-5.1 PROPERTY LOCATION: Aviation Road, Queensbury, New York 12804 APPLICATION FOR: Rezoning from HC-IA to ESC-25A and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its desire to be designated SEQRA Lead Agency for environmental review of the project, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director to notify all SEQRA involved agencies of the Town Board's desire to be Lead Agency and request their consent or objections within thirty (30) days. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION REFERRING APPLICATION FOR TRANSIENT MERCHANT/ TRANSIENT MERCHANT MARKET FOR DEXTER SHOES (TERRY HEINZ) TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO.: 161,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Terry Heinz, on behalf of Dexter Shoes, has applied to the Town Board of the Town of Queensbury for a Transient Merchant and/or a Transient Merchant Market License, and WHEREAS, the Town Board of the Town of Queensbury is desirous of referring said application to the Town of Queensbury Planning Board for recommendation and site plan review as is required by Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, following such recommendation, the Town Board of the Town of Queensbury will then review the application and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application for a Transient Merchant/Transient Merchant Market License be submitted to the Planning Board for the Town of Queensbury for report and recommendation: APPLICANT DEXTER SHOES (Terry Heinz) MARKET LOCATION: Dexter Shoes, 1499 State Route 9, Lake George, New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its desire to be lead agency for the SEQRA review of this project and directs that the Department of Community Development notify any other involved agencies of this designation. Duly adopted this 20th day of April, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None PLANNED DISCUSSIONS OLD BUSINESS A. Birdsall Road Supervisor Champagne noted that the town received a letter from an attorney representing one of the residents living on Birdsall Road. (letter on file in the Clerk's Office) Councilman Tucker questioned who authorized the work to be done? Supervisor Champagne noted, the consensus of the board agreed that it was going to become a town road. Councilman Merrill noted, it was the result of the Highway Committee meeting that was held and we sent a memo on it. Councilman Irish questioned whether the prior board approved the monies for the surveying work that was done there? Supervisor Champagne noted, I don't recall any surveying done but will check into it. Councilman Tucker questioned whether the town's going to honor the request from Attorney Nikas? Counsel Schachner noted that he would respond to his request. B. Town Newsletter Supervisor Champagne noted that this was put on the agenda in error. NEW BUSINESS Councilman Irish requested authorization from the board to allow counsel to research with OGS the possibility of obtaining an easement through state property for access to Sandy Bay for Queensbury... Councilman Merrill noted that the town is also looking into it as a drainage project for Cleverdale. Town Board held brief discussion, agreed to move forward and have counsel research. Henry Hess, Controller referred to the town's application that was submitted last year to the New York State Environmental Facilities Corporation to obtain permanent financing on the water plant and noted, it looks like the town's going to get the funding... we've got a short window of opportunity to get everything done that need's to be done and it appears as though to get that done, the board will have to consider meeting before the end of the month because we have a number of resolutions regarding bond counsel and bond resolutions. We have to have our application completed and perfected by April 30th and if everything goes according to plan, we'll actually close the loan on July 30th. Supervisor Champagne requested to schedule board meeting for Monday, April 27th. ATTORNEY MATTERS Counsel Schachner noted that the town received a decision today from the Warren County Supreme Court in an article 78 preceding, Palmer versus the Zoning Board of Appeals in which the town has prevailed. OPEN FORUM 7:50 P.M. Counsel Jon Lapper questioned whether the board would consider acting at Monday night's meeting regarding retaining outside consultants for the Aviation Mall project if the town received proposals that were acceptable? Supervisor Champagne-We'll put it all together and if the board so agrees, we'll see where we go with it. Mr. John Salvador noted that he spoke with the board at the last meeting regarding the subject of the permitting process for wetland and waterfront development that have been put together and coordinated by the Office of General Services... submitted copies of the completed joint application kit for the Town Board members, the Planning Department and the Town Assessor. Mr. Dennis Brower, Warren County Supervisor congratulated the Pyramid Corporation on their plans for expansion and wished them well. Mr. John Strough and Mr. Jeremy Hammond submitted sample of the town web page for the board's review... questioned whether the town is still interested in a student internship program to work with the town in developing a town web page? Mr. Hess, Controller noted, there really is some interest. The town has hired a computer tech who is presently finishing up his education so he's not with us full time but during the course of the late spring, early summer we'll be in the position to work with you in coordinating the program. Discussion - Sewer Hookup for Meadowbrook Girl Scout Camp Mr. Frank Walter, Consulting Engineer retained by the Adirondack Girl Scout Council spoke to the board regarding water and sewer service to their property on Meadowbrook Road. Noted, the council owns a parcel about thirteen acres in the area where Halfway Brook crosses the road. In the southeast corner of the property their headquarters building is located and further north there's an access road to the back of the property where they have some camp facilities, primarily a large building they call their Friendship Lodge. That lodge was built some years ago and has no public water or sewer service. The entire parcel is located within the Queensbury Consolidated Water District so that presented no problem. However, most of the parcel is outside the Quaker Road Sewer District. The headquarters building is within the district, they are connected and taxed. The immediate problem is the Friendship Lodge to the back which will have to be incorporated into the sewer district by means of an extension. The Quaker Road Sewer District has a rather different taxing formula. The financing of that district has been problematic from day one. The formula was changed several years ago and is not based on assessed evaluation of the parcel served it's based on area and class. There's two classes, residential or commercial. Commercial properties pay a much higher rate. Since this property is not residential, by default it falls into the commercial category and taxed as commercial property. The other factor would be area. Accordingly, on any sewer district extension, the area should be confined to the properties that are being served or are interested in being served. Which brings me to the Friendship Lodge. The balance of the parcel is by enlarge either ledge exposed to lime stone bedrock at the surface or without very little cover and or wetlands. We carved out a one acre parcel that includes the Friendship Lodge, runs easterly and becomes contiguous with the existing boundary along Halfway Brook. My basic question for the board was whether this concept appeared satisfactory. We have prepared a map, plan and report for submission with a petition to the board for extension of the district. But before finalizing that and making the formal submission, I wanted to obtain the sense of the board as to this concept. Mike Shaw, Deputy Director of Wastewater-Basically he wants to make a district extension. He's drawn the borderlines around his parcel which is perfectly legal. If he goes through the steps of the map, plan and report, public hearings, so on and so forth, that's the legal way to do it. Supervisor Champagne-Certainly, I would favor something like that. I'd even go another step and say that maybe there needs to be a third category. Mr. VanDusen, Water Superintendent referred to the proposed map and recommended the district have some point of road frontage as a practical standpoint for future extensions. Supervisor Champagne agreed with the concept and recommended meeting with Ralph and Mike to discuss issue of district boundaries. OPEN FORUM CLOSED 8:25 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 162, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves it Executive Session to discuss a personnel matter and land acquisition matter. Duly adopted this 20th day of April, 1998, by the following vote: AYES: Mr. Turner, Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 163, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board. Duly adopted this 20th day of April, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None REGULAR SESSION Mr. Edward Oudekerk, 117 Meadowbrook Road, spoke to the board regarding his problem with the high water table in his yard due to stream back up. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 164, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to further discuss the personnel matter and land acquisition matter. Duly adopted this 20th day of April, 1998, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 165, 98 INTRODUCED BY: Mr. Pliney tucker WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session and enters Regular Session of the Town Board. Duly adopted this 20th day of April, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None REGULAR SESSION RESOLUTION AUTHORIZING CARRY OVER OF VACATION TIME RESOLUTION NO.: 166,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, James T. Coughlin, Solid Waste Facilities Operator, has requested that he be allowed to carry over five (5) vacation days past his hiring anniversary date, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes James T. Coughlin to carry over five (5) vacation days past his hiring anniversary date, such vacation days to be utilized prior to December 31, 1998. Duly adopted this 20th day of April, 1998 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING UNPAID MEDICAL LEAVE RESOLUTION NO.: 167,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Kathryn Haas, a cleaner in the Building and Grounds Department, has requested that she be allowed to take a one month, unpaid medical leave of absence, and WHEREAS, the Town Board of the Town of Queensbury has considered this request and has determined that it is appropriate to grant Ms. Haas the leave of absence, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a one month, unpaid medical leave of absence to Kathryn Haas. Duly adopted this 20th day of April, 1998 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ADJOURN MEETING RESOLUTION NO. 168, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their meeting. Duly adopted this 20th day of April, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY