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1998-10-19 REGULAR TOWN BOARD MEETING OCTOBER 19,1998 7:00 p.m. MTG.#53 RES. 383-400 BOH #50-51 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN CONTROLLER HENRY HESS WATER SUPERINTENDENT RALPH VANDUSEN DEPUTY DIRECTOR OF W ASTEW ATER MIKE SHAW HIGHWAY SUPERINTENDENT P AUL NAYLOR EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND WARREN COUNTY SUPERVISOR DENNIS BROWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN PLINEY TUCKER SUPERVISOR CHAMPAGNE-Opened the meeting...moved to item three on the agenda... COMMENDATIONS Presented the following Commendation to Marilyn 1. VanDyke COMMENDATION WHEREAS, Dr. Marilyn 1. VanDyke was appointed Town Historian in 1991 and has served under three supervisors, and WHEREAS, Marilyn VanDyke has accomplished some of the following during here tenure with the Town of Queensbury including: the computerization of the cemetery inventories, complied inventories of churches, school, Civil War Monument, and the Quaker Cemetery, documented 19th century agriculture in Queensbury, designed and developed a historic timeline for Hovey Pond Park and has served as the President of the Association of Municipal Historians of New York State for the last four years, and WHEREAS, Dr. Marilyn Van Dyke has been named 1998 Outstanding Historian of the Year by the Association of Municipal Historians of New York State. 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 wish to recognize and thank Dr. Marilyn 1. Van Dyke whom has consistently worked toward making the Town of Queensbury a better place to live and work. GIVEN UNDER THE SEAL of the Town of Queensbury this 19th day of October in the year one thousand nine hundred and ninety eight. Fred Champagne Town Supervisor Richard C. Merrill, Ward I, Councilman Theodore Turner, Ward II Councilman Douglas Irish, Ward III. Councilman Pliney Tucker, Ward IV, Councilman -Plaque read Dr. Marilyn VanDyke Outstanding Historian of the Association of Municipal Historians of the State of New York 1998. Dr. VanDyke-It is really a privilege to serve as the Historian for the Town of Queensbury and also to have been recognized by my piers with this particular honor and I just love the history of our town and I hope that we can continue to keep digging and delving into it and learning all that we can over time. 2. Introduced Marinda Britt and Robin Scott - Representing the Queensbury School as being the Chairperson and Co Chair of the SADD group. The Town of Queensbury Issues an official proclamation of support, Queensbury High School's SADD (Students Against Destructive Decisions) Declaration of 1998 Red Ribbon Week Emphasizing the power of choice and positive promotions "The Choice for Me Is Drug Free" October 26 - 31 1998 Fred Champagne, Supervisor Dick Merrill, Ward I Ted Turner, Ward 2 Doug Irish, Ward 3 Pliney Tucker Ward 4 Miss Marinda Britt-Goodevening I am Marinda Britt and I am serving right now as the Co-President of Queenbury High School Chapter of Sadd which is Students Against Destructive Decisions Miss Robin Scrafford- Vice President of Sadd we are here looking for the Communities Endorsement for our Sadd Chapter for Red Ribbon Week which will take place during the last week in October. Our mission is pretty much to make the community and students aware of the effects of destructive decisions on themselves and the people around them. These red ribbons right here to symbolize positive choices and decisions that students should make. Miss Marinda Britt-We feel that it is really important to get these red ribbons out into the community and through our schools. Sadd is a very important organization to myself and many other people we had sort of a lacking chapter in our High School until this year and so Robin and myself and some other people have taken a real interest in getting it going again. We thought a really great way of doing that was having the Town Board and the community sort of make a proclamation and endorse us in this campaign and this is sort of our kick off we thought it would be a really great way for people to just kind of see the ribbon and think, oh well, you know, that is a choice that I can make and remain drug free and just against there are many destructive decisions SADD used to be called Students Against Drunk Driving and we have just expanded it a little more. So, we just thought it would be a really nice way of kicking off our community activity and we are going to be distributing these ribbons though out school and they are going to be free, no charge, but if people would like to make donations that really helps us make these ribbons kind of an annual activity. We make other ribbons such as the Breast Cancer one that I am wearing right now, we make them kind of every month for a different need whatever the month that ribbon is. So, if people want to help out that is really, we really appreciate that. Thank you for your time in listening to us and thank you to the Board for backing us up on this we appreciate that. Supervisor Champagne-Thank you. That is a pretty good sign of what is yet to come, I think Queensbury is in good hands. Thank you very much it is a real honor to be part of this. 3. Waite Cole, North Queensbury Fire Company RESOLUTION OF APPRECIATION WHEREAS, the North Queensbury Volunteer Fire Company has just had its 50 years of service anniversary, and WHEREAS, for the year end 1997 the North Queensbury Volunteer Fire Company had 28 volunteers, and WHEREAS, the Town of Queensbury recognizes the importance of all the service and dedication that has been provided by the North Queensbury Volunteer Fire Company. 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 wish to recognize all the volunteers within the North Queensbury Volunteer Fire Company for 50 years of helping to make the Town of Queensbury a safer place to live and work. GIVEN under the SEAL of the Town of Queensbury this 19th day of October in the year one thousand nine hundred and ninety eight. FRED CHAMPAGNE, TOWN SUPERVISOR Mr. Waite Cole- I would just like to say that the 50th year anniversary of which I have been there twenty seven, it has been a real experience. Saturday we had some people over and we did a dedication and our Ladies Auxiliary donated a monument to us dedicating our building which we had not done since it was completed and we moved in. If anyone is up in our area you know where the fire house is because if you have gone by it you have seen it. Certainly feel free to pull in and take a look at it, you will not miss it. The key to this is, it has taken a lot of people a lot of good effort and this is true of the volunteer organizations, including SADD by the way, which my children were members of in Lake George in the old days when it was just the way it used to be. Volunteerism is something that we do not live without and certainly we in North Queensbury thank the Town for recognizing this and thank you very much. Supervisor Champagne-thank you very much. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 383.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 19th day of October, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR JOHN AND KATHLEEN SALVADOR RESOLUTION NO.: 50,98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, John and Kathleen Salvador have applied to the Local Board of Health for a variance from the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that the applicants be allowed to have a holding tank, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on November 2nd, 1998 at 7:00 p.m. at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Queensbury, to consider John and Kathleen Salvadors' application for a variance to allow a holding tank on property situated at 2999 State Route 9L, Queensbury and bearing Tax Map No.: Section 4, Block 1, Lot 11, and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing and send a copy of the Notice of Public Hearing to neighbors located within 500 feet of the subject property, as required by law. Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None Discussion held-Councilman Turner-A set back variance will be required, is that from the shore line? Is that required for the building? Director of Community Development Round-For the building itself, a set back is required from the road not from the shore line. Councilman Turner-Should that be heard first? Director Round-There is no procedural requirements there is no regulation that puts one in front of the other. Vote taken. RESOLUTION ADOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 51.98 INTRODUCED BY: Mr. Theodore Turner who moved for its adoption SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Board of Health Meeting and moves into Regular Session. Duly adopted this 19th day of October, 1998 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None QUEENSBURY TOWN BOARD REGULAR SESSION PUBLIC HEARING NOTICE SHOWN PROPOSED EXTENSION OF HILAND PARK SEWER DISTRICT KNOWN AS HILAND PARK SEWER DISTRICT EXTENSION NO. 1 Supervisor Champagne-We will open the public hearing on the proposed Hiland Park Extension No.1. Anyone here to speak yea or nea? Why don't we have Bill I guess do you want to come up and just kind of run us , run that buy us? Mr. Bill Levendowski-My name is Bill Levendowski, I am with the firm ofRist Frost Associates, we are serving as engineering consultants to Adirondack Community College and the interconnection of the sewer. As most of you know the present sewage treatment plant at the College probably was installed over thirty years ago and is at or near its end of it's useful life. The College considered several alternatives in deciding which way to proceed one of which was the replacement of the existing plant with a new on site sewage treatment plant that would be constructed to todays DEC standards however that discharges into an intermittent stream which ultimately finds its way into HalfWay Brook. There was some discussion at the time of a Bay Road Sewer District Extension that might serve their needs but that did not seem to move forward. So, the other alternative that we looked at on behalf of the College was an inter tie into the Hiland Park District over to the Meadowbook Road station and that turned out to be comparative in first cost and certainly advantageous to the College in terms of annual operation and maintenance. It also has the benefit of not continuing the discharge into the intermittent stream utilities under utilized capacity at the Glens Falls Treatment Plant and will help out the existing users in the Hiland Park District by spreading some of the operation and maintenance costs across a broader base. The plan simply consists of a pumping station located near the present sewage treatment plant for the College and a four inch force main that will interconnect across their southern boundary and across the southern boundary of the family golf property and into the pumping station. That is pretty much of it in a nut shell. Supervisor Champagne-Anyone have anything more to add to that, I personally think it is a great move on behalf of the College to get rid of their on site septic system a great move for Hiland Park. I think there is twenty thousand, is that is what is reserved capacity Mr. Levendowski-The College intends to purchase initially twenty five thousand gallons per day capacity our actual estimated present flow is eighteen thousand gallons per day so there will be some room for expansIOn. Supervisor Champagne-Anyone else care to add to that? Anything from the board? Closed the public hearing. SEQRA Director of Community Development Chris Round- FULL ENVIRONMENTAL ASSESSMENT FORM, PART II 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? YES 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: ******** Small to Moderate Impact 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 salutation 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 Ibs. 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 liquefied natural gas or other flanunable 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 SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING HILAND PARK SEWER DISTRICT EXTENSION NO. 1 RESOLUTION NO.: 384.98 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 an extension to the Hiland Park Sewer District to be known as the Hiland Park Sewer District Extension No.1, 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 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 the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the attached Negative Declaration is hereby approved and the Town Clerk's Office is hereby authorized and directed to file it in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Tucker ,Mr. .Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING EXTENSION OF HILAND PARK SEWER DISTRICT KNOWN AS HILAND PARK SEWER DISTRICT EXTENSION NO.1 RESOLUTION NO. 385.98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Hiland Park Sewer District to be known as the Hiland Park Sewer District Extension No.1, and WHEREAS, Adirondack Community College (the "Developer") has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, a Map, Plan and Report has been prepared by William 1. Levandowski, P.E., ofRist- Frost Associates, P.C., an engineering firm licensed by the State of New York, 333 Glen Street, P. O. Box 838, Glens Falls, New York 12801 regarding the proposed extension to the existing Hiland Park Sewer District to serve Adirondack Community College at its 640 Bay Road location in the Town of Queensbury such area consisting of the parcel or lot identified as Tax Map No.: 60-2-16.1, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, in addition the extension will include a 30' wide sewer easement over the adjacent parcel owned by Family Golf Centers, Inc. such area consisting of the parcel or lot identified as Tax Map No.: 60-2-1, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, on October 5th, 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 Sewer 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 Sewer District to 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 Sewer 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 Sewer 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 Sewer District was duly held on October 19th, 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 proposed Sewer Extension as detailed in the Map, Plan and Report pursuant to Town Law, Article 12A, and consolidate the same with the Hiland Park Sewer District pursuant to Town Law ~206A, and WHEREAS, the said Town Board has considered the establishment of the Sewer District Extension 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: I.Notice of 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 Hiland Park Sewer District Extension NO.1 to the existing Hiland Park Sewer District as it has been described in the Map, Plan and Report on file with the Town Clerk of the Town of Queensbury as more specifically described as follows: Beginning at a point at the intersection of the easterly boundary of Bay Road with the northerly boundary oflands now or formerly of John M. and Wilma P. Hughes, said boundary also being the northerly boundary of Brookview Acres Subdivision, and running thence from said point of beginning northerly along the said easterly boundary of Bay Road 2,786 +/ - feet to a point in the southerly boundary of lands now or formerly of Harry M. and Mildred W. Covell; thence along the boundary of said lands now or formerly of Harry M. and Mildred W. Covell the following three (3) courses and distances: 1) South 83( 52' East 33.5 +/- feet to a point; 2) North 6( 08' East 99.0 feet to a point; and 3) North 83( 52' West 35.5 +/- feet to a point in the aforementioned easterly boundary of Bay Road; thence northerly along the said easterly boundary of Bay Road 901 +/ - feet to a point in the southerly boundary of lands now or formerly of Marilyn L. Mathias; thence South 83( 49' East 201.37 feet to a point in the westerly boundary oflands now or formerly of David G. and Delores K. Stanton; thence along the boundary of said lands now or formerly of David G. and Delores K. Stanton the following three (3) courses and distances: 1) South 6( 08' West 80.65 feet to a point; 2) South 61( 25' East 100.0 feet to a point; and 3) North 6( 08' East 222.18 feet to a point in the southerly boundary of Haviland Road; thence southeasterly along the said southerly boundary of Haviland Road 1,500 +/- feet to a point in the westerly boundary of lands now or formerly of Family Golf Centers, Inc.; thence southerly along the said westerly boundary of lands now or formerly of Family Golf Centers, Inc. the following three (3) courses and distances: 1) South 6( 24' West 2,400 +/- feet to point; 2) North 81( 14' West 64.7 feet to a point; and 3) South 5( 36'; West 820.9 feet to a point in the aforementioned northerly boundary of Brookview Acres Subdivision; thence North 81( 40' West along the said northerly boundary of Brookview Acres Subdivision 1,535 +/- feet to the point of beginning. 3. All property and property owners within the extension are benefited thereby; 4. All property and property owners benefited are included within the limits of the extension; 5. Pursuant to ~206-a 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 Hiland Park Sewer District Extension NO.1 is 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. The obtaining of any necessary permits or approvals from the New York State Department of Health; 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 by 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 19th day of October, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None PUBLIC HEARING NOTICE SHOWN PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO THE CENTRAL QUEENBURY QUAKER ROAD SEWER DISTRICT TO BE KNOWN AS THE CAMP MEADOWBROOK SEWER DISTRICT EXTENSION Supervisor Champagne-Opened the hearing on the Camp Meadowbrook Sewer District. Anyone here, Frank do you want to come up and explain what we are planning to do there? Mr. Frank Walter-My name is Frank Walter I am a consulting engineer and I am here tonight representing the Adirondack Girl Scout Council Inc. Back in the time when the Quaker Road Sewer District was created it included only one small corner of the Girl Scout property on Meadowbrook Road. That is the corner where the administrative building is situated. The balance of the property was outside the established district. On that property there is a lodge, they call it the Friendship Lodge which is the headquarters for most of their activities, it is headquarters for their summer camp and throughout the year there is constantly activities in that building. That building is without sewer service. We had proposed and petitioned the board to extend the sewer district to include about one point three acres of the Girl Scout property which included the Friendship Lodge and some surrounding areas in order that we could offer sewer service to the lodge. That is what this is all about. The proposed project is very simple, it is simply a little pump station at the lodge and a force main out to the road, where there is a existing sewer force main. It is of no cost to the Town, all the work is basically on the Girl Scout property and is being, will be paid for by them. I guess I might mention they, the scouts do recognize that they will pay a sewer use fee in accord with the amount of water they use and they will also pay a sewer tax either by consolidating this extension with the parent Quaker Road district or by contract or both however the Town handles it. The Girls Scouts realize they will be subject to the sewer tax in accord with the established schedule. I think I will leave it at that. Supervisor Champagne-Ok. Thank you. Any other comments from the public? Anything from the board? Hearing Closed. Director of Community Development Chris Round A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? YES C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in C l-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NONE D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING CAMP MEADOWBROOK SEWER DISTRICT EXTENSION RESOLUTION NO.: 386.98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, the Town Board of the Town of Queensbury is considering the approval and authorization of an extension to the Central Queensbury Quaker Road Sewer District to be known as the Camp Meadowbrook Sewer District 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 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 the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the attached Negative Declaration is hereby approved and the Town Clerk's Office is hereby authorized and directed to file it in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING EXTENSION TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT TO BE KNOWN AS THE CAMP MEADOWBROOK SEWER DISTRICT EXTENSION RESOLUTION NO. 387.98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as the Camp Meadowbrook Sewer District Extension, and WHEREAS, the Adirondack Girl Scout Council, Inc., (the "Developer") has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, a Map, Plan and Report has been prepared by Frank N. Walter, Jr., P.E., an Engineer licensed by the State of New York, 11 Sherwood Drive, Queensbury, New York 12804, regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve an area located along the west side of Meadowbrook Drive, north of Halfway Brook in the Town of Queensbury such area consisting of a portion of the parcel having Tax Map No.: 60-2-6 as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system., a report of the proposed sewer system and method of operation, and WHEREAS, on October 5th, 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 Sewer 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 Sewer District to 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 Sewer 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 Sewer 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 Sewer District was duly held on October 19th, 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 proposed Sewer Extension as detailed in the Map, Plan and Report pursuant to Town Law, Article 12A, and consolidate the same with the Central Queensbury Quaker Road Sewer District pursuant to Town Law ~206A, and WHEREAS, the said Town Board has considered the establishment of the Sewer District Extension 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: I.Notice of 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 Camp Meadowbrook Sewer District Extension to the existing Central Queensbury Quaker Road Sewer District as it has been described in the Map, Plan and Report on file with the Town Clerk of the Town of Queensbury as more specifically described as follows: ALL THAT CERTAIN PARCEL OF LAND lying on the westerly side of Meadowbrook Road in the Town of Queensbury, Warren County, New York, and which said parcel is more particularly bounded and described as follows: BEGINNING at a point in the westerly bounds of Meadowbrook Road, which said point is located at the intersection of said road bounds with the centerline of Halfway Creek, and which said point is further located at a distance of approximately 553 feet, measured southerly along said road bounds on a course of South 06 degrees 43 minutes 13 seconds West, from a iron rod found marking the northeasterly corner of lands of the Adirondack Girl Scout Council, Inc.; running thence from the point of beginning, and along the centerline of said halfway Creek, southerly, westerly, and southerly for a distance of approximately 160 feet to a point; running thence in a general westerly direction on a course which is parallel with, and passes 55 feet distant southerly at right angles from, the most southerly face of an existing building known as "Friendship Lodge," for a distance of approximately 307 feet to a point; running thence in a general northerly direction on a course which is parallel with and 10 feet distant westerly of the most westerly face of said Friendship Lodge for a distance of approximately 128 feet to a point; running thence in a general easterly direction on a course which is parallel with, and which passes 10 feet northerly at right angles from, the most northerly face of said Friendship Lodge for a distance of 245 feet to a point; running thence in a general northeasterly direction for a distance of approximately 253 feet to a point in the westerly bounds of Meadowbrook Road; running thence in a southerly direction along said road bounds, South 06 degrees 43 minutes 13 seconds West for a distance of 225 feet to the point of beginning. CONTAINING 1.3 acres ofland, more or less. 3. All property and property owners within the extension are benefitted thereby; 4. All property and property owners benefitted are included within the limits of the extension; 5. Pursuant to ~206-a 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 Camp Meadowbrook Sewer District Extension is 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. The obtaining of any necessary permits or approvals from the New York State Department of Health; 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 by 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 19th day of October, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None PUBLIC HEARING NOTICE SHOWN PUBLIC HEARING REGARDING PURCHASE OF TRUCK FOR NORTH QUEENSBURY VOLUNTEER FIRE CO. Supervisor Champagne-Now we can open the public hearing on the purchase of a new pumper truck by the North Queensbury Volunteer Fire Co. there must be somebody here to talk about that. Mr. Fred McKinney-Good evening I am Fred McKinney with the North Queensbury Fire Company I am here to present a proposal for a replacement of a 1984 pumper which has become outdated mechanically deficient and having a rust problem. The truck committee has been active for the last two years researching a new truck that will fill the needs of our district for probably the next twenty five years. We have come up with a truck there were certain limitations that we had to consider on this truck, namely the length of the truck given some of our short driveways and with the new homes that are being built the size of them we had to have something that would conform with fire fighting suppression. We have worked with all the national fire truck manufacturers received a bid from Salsbury for the purchase of a new pumper coming in at three hundred and fifty one thousand seven hundred and fifteen dollars. Working with Mr. Hess on the financing of this he had proposed that the company pay two hundred and sixteen thousand seven hundred and fifteen dollars out of capital reserve including the truck fund. We would lease on a five year lease with commercial municipal capital one hundred and thirty five thousand dollars at a tentative interest rate of 4.1 percent. We would ask the board for voter approval per our fire department contract with the town for first the purchase of the pumper at three hundred and fifty one thousand seven hundred and fifteen dollars from Salsbury Fire Equipment and secondly permission to enter into a lease purchase agreement with Commercial Municipal Capital for one hundred and thirty five thousand for five years at a tentative rate of 4.1 percent. We would like to thank Mr. Hess for his guidance in working on the financial arrangements, Councilman Merrill for representing our area and the rest of the board. Supervisor Champagne-Thank you. Anyone else care to speak on behalf or against this proposed purchase by North Queensbury Fire Truck? I know that this has been studied long and hard and I know that Dick Merrill and I think all of us we have certainly have seen the truck that you have your 1984 pumper it is due time in my opinion that that truck is replaced for the safety for the people in North Queensbury. So, that is where I am at, any of the other Board want to say anything. Councilman Merrill-No, I would just like to compliment the fire company on the very extensive and exhausted research analysis that you have done on this. Certainly I am in full support, I think it is a smart move and we will prepare you for the next twenty five years. Supervisor Champagne-My understanding is that the balance due on the truck the one hundred and thirty five thousand will actually be taken from the annual truck fund that is now being paid through the town contract so there will be no increase from the towns position in the purchase of this truck over the next five years as we see it today. Now, is there any further, yes, come to the mic please, your name. Mr. Gilbert Boehm-What happens to the old truck? Unknown-That will be sold. Mr. Boehm-Does some of that expected sale price off set the cost of the truck? Unknown-What will happen to that money will be hopefully will get, we would like to think that we would get ten thousand dollars for it. Supervisor Champagne-I would like to think so. If you are lucky. Unknown-But if we do, that would go into the truck fund money and certainly totally accountable with the town to go to the purchase of the next pumper and that is in the schedule it would be so marked as so and keep track of what happens to it. Mr. Boehm-Now the truck that is being replaced is fourteen years old. Supervisor Champagne-That is correct. Mr. Boehm-They are expecting the new truck to last twenty five years, is that reasonable? Unknown-Yes. Mr., Boehm-Why didn't. Supervisor Champagne-You are going to have to have I think Fred if you would please, we are going to get this on the record. Mr. Fred McKinney-The old truck when it came in we were able to handle six men with the old truck two in the front and four on the traditional back step. With the new compliance of NFP A being the National Fire Protection Association and OSHA that truck is now not in compliance for carrying so consequently we only can carry two guys. That is not an efficient way to go to a fire with just two men. The new truck is a custom chassis made by a fire truck manufacturer where the eighty four is a conventional commercial chassis. The new pumpers are made with a twenty five year life expectancy on normal runs. The material is aluminum body where the body today is a galvanized body subject to rust. They have to make them to last twenty to twenty five years because of the price of the new trucks. Again the new trucks are having to conform with new specs both from NFP A and from OSHA and we have every intent to use it for twenty five years. Mr. Boehm-I have another question, your other trucks are they Y2K compliant? Mr. McKinney-The last pumper that was purchased is in compliance with an NFP A the new rescue that we that we just received three years ago, or two years ago is totally in compliance with all OSHA and NFP A codes. Mr. Boehm-How about Y2K? Councilman Irish-What does that have to do with the truck? Mr. McKinney-What is Y2K? Mr. Boehm-Lovett, Texas recently had a Y2K evaluation exercise they found that their fire trucks were not in compliance now, that says that as of the first of January, 2000 those trucks are non-operable, because they have imbedded controllers. Unknown-You are talking about computer.. .. Mr. McKinney-Our trucks the newest truck is computer oriented that is the rescue truck that is in compliant the other trucks are not computer dependent and there would be no problem with them. I apologize I thought you were referring to some ... Supervisor Champagne-Anyone else from the public? From the board anything further? Councilman Turner-Good move. Supervisor Champagne-Good move, close the public hearing. Town Counsel Schachner-Noted he had received a call from the Fire Dept. indicating that the interest rate referenced in the resolution may be a lower interest rate. Discussion held regarding resolution: It was agreed by the Board to modify the resolution in changing the wording to: approximately 4.10% and to be referred to as a lease purchase... RESOLUTION APPROVING PURCHASE OF NEW PUMPER TRUCK BY THE NORTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 388.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, the Town of Queensbury and the North Queensbury Volunteer Fire Company, Inc., (Fire Company) have contracted for fire protection services and such agreement is in full force and effect, and WHEREAS, the agreement sets forth a number of terms and conditions, including an agreement that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements thereon, that would require the Fire Company to acquire a loan or mortgage, without prior approval of the Town Board of the Town of Queensbury, and WHEREAS, the Fire Company wishes to purchase one new Pumper Truck from Saulsbury Fire Rescue Inc., for the approximate total sum of $351,715, and WHEREAS, the Fire Company plans to use $216,715 currently existing in its truck fund, 1999 truck fund and non-fire funds toward the purchase of the truck, and WHEREAS, the Fire Company has negotiated with Commercial Municipal Capital to enter into a purchase agreement to finance the remainder amount of $13 5,000 for five (5) years at a market rate expected to be approximately 4.10%, and this financing arrangement qualifies as a tax-exempt lease purchase under ~147(f) of the Internal Revenue Code of 1986, as amended, and WHEREAS, in accordance with ~ 14 7(f) of the Internal Revenue Code of 1986, as amended, the Fire Company requested that the Town Board hold a public hearing to authorize the approval of the financing and the Town Supervisor to execute approval of the financing to comply with the statutory requirements, and WHEREAS, on October 19th, 1998 the Town Board held a public hearing, all interested persons were heard and the Town wishes to facilitate the financing on behalf of the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of one new Pumper Truck for the approximate sum of$351,715 by the North Queensbury Volunteer Fire Company, Inc., with the understanding that the Fire Company will use $216,715 currently existing in its truck fund, 1999 truck fund and non-fire funds toward the purchase and will finance the remaining $135,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the incurring on the part of the North Queensbury Volunteer Fire Company, Inc. of financial obligations in the maximum, aggregate principal amount of $13 5,000 in accordance with tax -exempt financing provided pursuantto ~ 147 (f) of the Internal Revenue Code of 1986, as amended, provided, however, that the Town Board shall not and does not by this Resolution create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing. Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None 4.0 CORRESPONDENCE NONE 5.0 TOWN COUNCILMAN'S COMMITTEE REPORTS Councilman Tucker-Asked that the Supervisor and Councilman Merrill report on a meeting regarding the transfer station problem over the weekend. Supervisor Champagne-Noted that the town was not allowed to dump at the station on Saturday, the trash plant had more trash coming in than the plant can burn, also there was a breakdown last Week so that during the week they lost seventy two hours of burning as the result of a broken fan, .. . Met with Mr. Daniel Welch the operator, the Accountants were there representing ERA and Lou Tessier, Fred Monore, Bob Banks from Washington County .. noted a couple of things can happen to correct the problem.. . Franklin County is now using the trash plant on a regular basis their contract will terminate the end of October, that will cut back the tonnage... there are contracts to be signed that trash will be flowing in a more acceptable amount, so that we will not have to close the doors. Noted there is a need for a backup plan if there is an emergency and the plant is shut down. . . we are recommending that additional containers be placed at the transfer stations. . . Councilman Tucker-Recommended that the municipalities should be notified when the plant is down. Councilman Merrill-They recognize that they can inform the towns like on a Wednesday. Supervisor Champagne-In an emergency that hauler may be expected to take the waste to Colonie. Councilman Tucker-We should have first priority... Supervisor Champagne-We have made that very clear. Mr. John Salvador-Spoke to the Board on by-pass trash, we are supposed to have a landfill that accepts ash and by-pass trash, Warren County financed the study work on this landfill to be sited in Washington County, that is what we are supposed to be doing. Councilman Turner-Highway Committee Meeting.. . Dunhams Bay Road was discussed, Homestead Village ramps were fixed, Checked on the Cronin Road Drainage the engineering work is not done but expect to do borings there this fall to see where the ledge is, talked about the Highway Supt. list of roads that is signed by the Town Board and Highway Supt. and we agreed that we would modify the list of roads that are signed by the Town Board and Highway Supt. and those roads to be listed are probably the ones that are on the ten year plan, without further tying his hands. Issue of Big Boom Road, we went to the Dept. of Health and it will be four to six weeks before they look at the road to see if there are PCB's, the information that we received at the meeting there were no PCB's sold after 1970 and the oiling was only done where the residents lived on a dirt road, that being the case we hope that there is nothing there. Councilman Merrill-Met with Tom Nace, Rick Missita and Herb Steffens of DOT., inspected the storm water conditions on Dunhams Bay Road, Mr. Nace will prepare a conceptual plan and submit it to the State for their review. We will have to sort out what will be the State responsibility and Town responsibility. OPEN FORUM ON RESOLUTIONS Mr. John Strough-Asked for an explanation on resolution 7.4. Executive Director Round-Review the back ground of the project...a long EAF has been submitted, a summery and response has been given to comments from the public hearing, based on the EAF and scope of comments it was decided a DEIS might be appropriate and the applicant has submitted a DEIS two weeks ago, the end of last week I provided some feedback on the impact statement to the applicant and they have since submitted additional information and based on the information that they have submitted upon consultation of Counsel the DEIS is complete in Scope for public review but we would like additional information in regards to the level of detail that has been presented about potential uses that might be allowed under the Plaza Commercial Zone, I have advised the Town Board to remove from tonights agenda the prepared resolution, and wait for additional information. Mr. Strough-Are they still talking about the same property? Executive Director Round-Same property and project. Board agreed to removed resolution from agenda, awaiting further information. 7.0 RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF DOOR OPENERS RESOLUTION NO.: 389.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH 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, Chuck Rice, Facilities Manager has requested Town Board authorization to purchase four (4) power door openers for the entrances at the Town Office Building and Activities Center, and WHEREAS, in accordance with the Town's Purchasing Procedures, Mr. Rice solicited three quotes and has recommended that the Town purchase the door openers from Stanley Access Technologies for the lowest quoted amount of $1)07.67 per door opener or a total amount of $5,230.68, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the purchase offour (4) door openers for a total amount not to exceed $5,230.68 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor to sign any documentation and the Town Facilities Manager to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 390.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, certain Town Departments have requested fund transfers for the 1998 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1998 Town Budget be amended as follows: ASSESSMENT: FROM: TO: $ AMOUNT: 01-1990-4400 01-1355-1002 $ 13,100. (Contingency) (Miscellaneous Payroll) WASTEWATER: FROM: TO: $ AMOUNT: 032-8130-4425 032-8120-4400 3,000. (Sewer Charges, G.F.) (Misc. Contractual) Duly adopted this 5th day of October, 1998, by the following vote: AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING RELEASE OF TWO DUPLICATE EASEMENTS GRANTED BY GOLUB PROPERTIES INC. TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 391.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, on April 26th, 1988, Golub Properties, Inc., granted a Right-of-Way and Easement to the Central Queensbury Quaker Road Sewer District, described as Permanent Easement No.: 6-9-4 for the purpose of supplying sanitary sewer service to the Golub property, and WHEREAS, the Easement was recorded three separate times, including two times on May 3rd, 1988 with a map depicting the Easement as a "Temporary Easement" and again on October 26th, 1990 with a map showing no identification of the Easement, and WHEREAS, Golub wishes to sell the property over which the Easement was granted and the prospective purchaser has requested that the Town confirm that only one sewer line was installed and grant releases for the two duplicate recordings of the Easement, and WHEREAS, the Town is willing to grant releases for the two duplicate recordings of the Easement and wishes to reaffirm the original recording of the Easement and clarify the map reference included in the Easement, NOW, THEREFORE, BE IT RESOLVED, that the Release given by the Central Queensbury Quaker Road Sewer District to Golub Properties, Inc., attached hereto is hereby approved and the Town Supervisor is hereby authorized to execute and deliver the Release substantially in the form attached hereto, and BE IT FURTHER, RESOLVED, that the granting of such Release is contingent upon receipt of the Release signed by Golub Properties, Inc. Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING THE ENGAGEMENT OF HUDSON ENVIRONMENTAL SERVICES, INC. FOR WATER TESTING AND SAMPLING AT THE TOWN OF QUEENSBURY LANDFILL RESOLUTION NO.: 392.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, the Town of Queensbury needs to arrange for water testing of wells situated at the Town of Queensbury Landfill at Ridge Road during 1999, and WHEREAS, James Coughlin, Solid Waste Facilities Operator, solicited for proposals for the testing of the wells at the Landfill from three different companies, and WHEREAS, Mr. Coughlin has recommended that the Town Board award the bid for the well and water testing to the lowest bidder, Hudson Environmental Services, Inc., for the amount of $5,040, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby engages the services of Hudson Environmental Services, Inc., for the purpose of water sampling and testing as may be required at the Landfill at a sum not to exceed $5,040 to be paid for from the appropriate Account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor and/or Solid Waste Facilities Operator to make such arrangements as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None RESOLUTION AUTHORIZING PURCHASE ORDER FOR COMPUTERIZED FUEL MANAGEMENT SYSTEM RESOLUTION NO.: 393.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures and in accordance with these 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, William Shaw, Computer Technology Coordinator, solicited bids for a computerized fuel management system and has requested Town Board authorization to purchase the system and other related services from Northeast Petroleum Technologies, Inc. for an amount not to exceed $17,565, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of Northeast Petroleum Technologies, Inc. installing a computerized fuel management system and other related services for an amount notto exceed $17,565, to be paid for from Accounts: 01-1680-2032 ($14,865) and 01-5132- 4400 ($2,700). Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY EVERGREEN BANK, NA TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 394. 98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, Evergreen Bank, N.A. has submitted an application for rezoning of two parcels of property to the Town of Queensbury Town Clerk's Office and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following the recommendations the Town Board of the Town of Queensbury will review the rezoning applications and take such other action as it deems 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 be submitted to the Planning Board for the Town of Queensbury for report and recommendation: APPLICATION OF Evergreen Bank, N.A. TAX MAP NO.'S: 108-1-31 and 108-1-32 PROPERTY LOCATION: Adjacent to Queensbury Motors Parking Lot Everts Avenue Queensbury, New York APPLICATION FOR Rezoning of parcel currently zoned SFR-20 to HC-IA and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its desire to be Lead Agency for SEQRA review of this project and directs the Zoning Administrator's Office to notify any other involved agencies. Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Counsel John Lapper-Representing Evergreen Bank, presented the proposal to the Board requesting a change in zone for property owned by Evergreen Bank.. . (Used maps of the area) former Queensbury Motors property twelve acres, five parcels. . . requesting the two parcels with residences on them be rezoned HC. Councilman Irish-Questioned what will happen along Myhrberg property... Counsel Lapper-the zoning code requires a fifty foot buffer between a residential and a commercial. . . Vote taken. . . RESOLUTION APPOINTING DANIEL GEORGE STEC TO ZONING BOARD OF APPEALS RESOLUTION NO. 395.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Board, with the term for the vacancy to expire on March 2, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Daniel George Stec to serve as a member of the Queensbury Zoning Board of Appeals until such term expires on March 2, 2005. Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION EXPRESSING DESIRE FOR COURTS TO ADDRESS THE MERITS OF CASE NO. 81633 RESOLUTION NO. 396.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, the Appellate Division, Third Judicial Department, of the New York State Supreme Court has found the challenge to the Queensbury Town Board's action in Case No. 81633 (barricading Fuller Road) to be barred by the four-month Statute of Limitations, and WHEREAS, this Town Board seeks a decision based on the merits of the case, not the Statute of Limitations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board supports the Appellants' motion for permission to reargue (or, in the alternative, for permission to appeal to the Court of Appeals) so that the case may be decided on its legal merits. Duly adopted this 19th day of October, 1998 by the following vote: AYES: Mr. Tucker, Mr. Irish NOES: Mr. Merrill, Mr. Turner, Mr. Champagne ABSENT: None Discussion held before vote: Councilman Merrill-Let me make a couple of comments here I have reviewed this with the Attorney and he said it was a very unusual procedure and very unusual action for the town to take to endorse such a resolution. I think we did everything we could we encouraged the Appellate Division to try the case on the merits we also agreed to stand by the court ruling and I think we agreed not to appeal the decision. I for one do not want to participate in any further legal proceedings, certainly do not want to expend any further legal taxpayer money and very frankly just don't want to get involved. I think that this does get us involved. I think, I have been very supportive but I think the time has come to put Fuller Road behind us. Councilman Turner-I would totally agree. Supervisor Champagne-I would echo those same sentiments, we have worked with this, we have tried to put it in front of them based on the merits of the decision that the previous board made and we are here and now and just got to let it take its course and whatever it shakes out is where it shakes out. I do not think that we should move forward in any manner involving the town in any further efforts, whether it is litigation or whether it is support of one side or the other there are certainly arguments going on now between the land owner and those folks that brought the petition and that is where it should stay so that is my position. Vote taken. 8.0 PLANNED DISCUSSION 8.1 OLD BUSINESS Councilman Tucker-Spoke to Warren County Supervisor Dennis Brower who had a conversation with Bill Remmington Co. Highway Supt. and Warren County Supervisor Ron Montesi regarding the paving of Big Boom Road, his (Mr. Remmington) statement at that time was that there were PCB's on every road in Warren County, he said he would pave the road within the next week for the sum of thirty five hundred dollars for payment of the equipment, binder course, and the town buy the material. Requested input from Supervisor Brower. Supervisor Dennis Brower-Noted Mr. Remmington said he could pave the road, all I need is permission from the Town Board by resolution stating that they would like to see the road paved, call me I need no approval from committee, I need no approval from anybody, I can pave that road, noted his paver will only be around for two weeks and then I am putting it up. Also asked if Mr. Remmington was aware that there was a statement that there might be PCB's contamination would that be a problem for you in paving the road, he said that is not a problem at all. Noted that he may not put a final coat on it but there will be a binder coat, it would be up to the board if the final coat was put on now or finished by the Town next year. Also questioned if he would have a problem with Paul Naylor and he said no, if the town asked me to do it we do it, any town in Warren County, it is an agreement set forth by prior resolution. Noted estimated cost to pave to the park, twenty five thousand. Supervisor Champagne-Asked the Town Counsel to check into this. Town Counsel Schachner-Would review past resolutions and agreements with the County. Councilman Irish-Questioned if the resolution could be done contingent on the findings of the Town Counsel? Supervisor Champagne-Also contingent on DEC to proceed....I am not trying to avoid anything here if it can work and everybody is put to ease that is fine, but I think we have got to have some kind of letter of approval by DEC in my opinion to move forward. Councilman Tucker-Asked that the Supervisor call DEC and ask if we pave it we will cancel the request. Our Highway Supt. said the moment the subject was brought up about PCB's he could not put his people down there, two weeks before he was paving Peggy Ann Road and there are PCB's there it is known. Warren County Supervisor Brower-Noted his understanding is that the resident who had complained or requested the testing would rescind the request if the board would agree to accommodate the paving. Councilman Turner-Questioned how you could turn off the clock when you have already set it? Councilman Tucker-It has been turned off before. Councilman Turner-Noted we should not go ahead until DEC approval. Lori Matusak-Fred, didn't you say that DEC said we are on the agenda anyways to be tested? Supervisor Champagne-All they said to me that, that was on the agenda, when I have no idea. Lori Matusak- When paving you cap it, so when you cap it the danger is gone, correct? Supervisor Champagne-I would like to think so, but I am not sure of that. Noted he was speaking to a man out of Albany who deals with contaminated sites. Lori Matusak-Noted when she called Albany they gave the name of Dan Steinburger in Raybrook. Councilman Tucker-Requested a resolution, if you talk to this gentlemen and there is no way to stop the process then the resolution becomes null and void, if he cannot turn off the testing process if we pave the road, and there is no sense in paving the road because we may have to dig it up, but if he says he can? Supervisor Champagne-Noted another issue is the CSEA Union to deal with, you are actually taking work away from the Highway Dept. Councilman Irish-Paul Naylor took that work away from those guys not the Town Board, Paul Naylor is the one that has to pave that road and every other reason under the sun. We did not take any work away from them. Councilman Tucker-There will be union people doing the work. Councilman Turner-Lets check our legal standing as far as this goes. Councilman Irish-I think that you can word a resolution so that we can get it on the books tonight. Town Counsel Schachner-... word a resolution, subject to DEC authorization and Counsel verification of legality. . . conditional authorization. . . Councilman Merrill-Questioned the funding? Controller Hess-If you are spending it out of the Capital Project you need to appropriate the funds from that Capital Project. . . need to identify where you are going to pay this from, contingent fund or capital project. . . state an approximate amount. Councilman Irish-Not to exceed thirty thousand dollars. Warren County Supv. Brower-This is the only road that Queensbury busses currently go on that isn't paved and it goes to our new town park, he could have it done in two weeks by the time the dedication happens, people would be able to drive down a paved road. Mr. John Salvador-In the Town of Lake George the Town Supervisor utilized the County he calls it in kind services, they do not even pay. Supervisor Champagne-They do now. Mr. Salvador-ok, the County paved nine hundred feet of road on land that the town did not own, and he did not need a town board resolution. Town Counsel Schachner-presented a proposed resolution to the board for their review.. Councilman Tucker-What is the time table for the water line to be extended down Big Boom Road? Supervisor Champagne-Next year depending on how the money flows. Councilman Tucker-If we agreed to pave it now, just put the binder down and when the pipe goes in we will finish it. Councilman Turner-Where are we with the union on this? What do they have in the contract that specifies.. Councilman Irish-They can't tell the town what jobs they work on and what jobs somebody else works on. Supervisor Champagne-In the contract there is language that addresses... Councilman Irish-We are not taking anything away from that Union. Supervisor Champagne-Sure we are, we are talking next years work away from them. Councilman Irish-I have not seen anything that says it is being paved. Supervisor Champagne-That is what the message has been at the meetings, it would be done next year. In todays discussion with Paul he has found some grindings from road work to be used on the Big Boom project, and would do the project this fall ifDEC approval was obtained. Councilman Tucker-Asked that Counsel check into the Union question. Supervisor Champagne-I know what thirty five hundred buys at the County I know it is a paving cost, but I do not know whether that road whether it will need ditches or grading, are we ready to lay that binder, this is a dirt road, a Queensbury road is something different than a typical county road. I sit here today with the goal in mind, number one we need to know if there are PCB's in that road or not, that tells me that I need DEC to come in here and do a through examination to tell me that there is no PCB's I do not dare move forward until I know there are no PCB's in that road, I do not want the Headlines to read that Fred Champagne is part of a cover up trying to put a two inch coat of binder over PCB road and I am not going to vote for it. I do not throw a wrinkle in an impasse that I am at with the Union saying, oh yea, you are taking work away from us when the contract read that thou shall not do that at least at this point. Councilman Tucker-I have two other requests for roads to be tested and I shall give you the information so that when, and there will be many more, Fred, this thing is going to cost you some money. You guys sit there like this guy over there is god, and he is not god and the only reason that road isn't paved because I am sitting here his coolie isn't sitting here and she is my daughter and that is the fact. I know you have goals after you leave here and Dick has got goals and I am going to make you a promise I am going to work my ass off that either one of you don't get it. Supervisor Champagne-That is your choice, Plinney. Councilman Merrill-Fred no matter which way we move, Paul said he would do it or with the county, we have got to do it with DEC authorization. Councilman Turner-I want the clearance from them and if Paul wants to pave it this fall put the binder down fine, let him do it. Councilman Irish-I want the resolution so that I know that road is going to be paved ifDEC calls back and says no problem, that does not give him any excuse not to pave it now if he has already told you he was going to do it this fall, does it, but we won't know that if we don't force his hand. Supervisor Champagne-First thing tomorrow morning I will call DEe. I want a letter stating that DEC is approving, then the road should be paved. Councilman Merrill-If we did approve this would Paul be given the first shot at it? Councilman Irish-If he wants in the next couple of days. Councilman Turner-If he wants to do it I want our guys to do it. Councilman Irish-If he wants to pave it this year, that is fine but just like you want something from DEC I want something from Paul Naylor says he is going to pave that road before the end of the paving season this year. RESOLUTION AUTHORIZING REQUEST OF WARREN COUNTY TO P AVE BIG BOOM ROAD RESOLUTION NO.: 397.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is authorized to request the Warren County Department of Public Works Superintendent to pave Big Boom Road, and BE IT FURTHER, RESOLVED, that the paving shall be paid for from the Ward IV Capital Project for road work and drainage at a cost not to exceed $30,000, and BE IT FURTHER, RESOLVED, that this Resolution is subject to New York State Department of Environmental Conservation authorization and Town Counsel verification of legality with the Civil Service Employees Association Contract. Duly adopted this 19th day of October, 1998, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker NOES Mr. Turner, Mr. Champagne ABSENT: None 8.1A COMPREHENSIVE LAND USE PLAN EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND-Spoke to the board regarding the status of the Comprehensive Plan. . . received public comments from the information sessions. . . have drafted, draft responses we are meeting with the Comprehensive Land Use Committee on Thursday to get their input on the responses, from that point I would like to schedule a public hearing. RESOLUTION SETTING PUBLIC HEARING ON COMPREHENSIVE LAND USE PLAN RESOLUTION NO. 398.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL RESOLVED, that the Town Board of the Town of Queensbury will hold a Public Hearing on the Queensbury Comprehensive Lane Use Plan on November 9th, 1998 at 7:00 P.M. at the Queensbury Center. Duly adopted this 19th day of October, 1998 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None DIRECTOR ROUND-I. Lake George Park Commission Storm water regs., we are required to send a letter of intent and I have drafted a letter, based on the intention that the town desires to adopt its own, (board has copy) questioned if that addresses the item at hand? (Board agreed to move ahead with it.) 2. Foundation location requirement.. .as part of the building permit process prior to back filling, suggested at the November 2nd. Or thereafter a workshop on this to include a land surveyor and a couple of building contracts for input. Suggestion was made to do this meeting in planning committee. . . Agreed to by the board. 8.2 NEW BUSINESS 8.2A JOINT RECREATION COMMISSION AND TOWN BOARD MEETING Supervisor Champagne-Noted the Board met with the Commission during the budget process questioned if they needed another meeting? Councilman Irish-Requested another meeting. . . would like to review their by -laws and procedures and policies and we need to clarify some things with regard to contracts, construction what their duty to the town is other than just parks and recreation, as far as administrative issues within the commission, personnel policies, that type of thing. Board agreed to meet on the first Tuesday in December. 8.2B.AND 8.3 PROSPECT CHILD CENTER PARKING AND CORINTH ROAD SPEED LIMIT... Corinth Road speed limit request has been turned over to the county. Prospect Child Center parking-done 8.4 ROCKS IN MINING PIT Supervisor Champagne-We have in the mining pit on Ridge Road there are piles of rocks, Highway Supt. Naylor has indicated that these rocks need to go, wish to declare them obsolete... to release them to the public. . . RESOLUTION DESIGNATING ROCKS AS OBSOLETE RESOLUTION NO. 399.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER RESOLVED, that the Town Board of the Town of Queensbury hereby declares the rocks in the Ridge Road pit as obsolete. Duly adopted this 19th day of October, 1998 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None MOREAU WATER CONRACT DRAFT- Board agreed to set up workshop on contract... November 2nd. at 5 :30 P.M. 9.0 TOWN BOARD WORKSHOP 10.0 ATTORNEY MATTERS NONE 11.0 OPEN FORUM Ms. Barbara Bennett-I just got a copy of the latest Queensbury Newsletter and in it was the result of a pole questioning whether you wanted your terms changed to four years and whether you wanted a Queensbury Library, where did those ballots come from? Councilman Irish-They were in the first newsletter. Mr,. Gilbert Boehm-Re: Water Plant Has anyone looked at the water plant relative to the Y2K problem. Water Supt. Ralph VanDusen-Yes. We have one major area were it is questionable whether it is compliant or not in the process control of the plant and to eliminate the question there is line item in the proposed '99 budget that will replace that with a new version that is definitely compliant. Mr. Boehm-Questioned when testing will take place? Water Supt. VanDusen-Assuming the budget gets passed the software will be purchased early in 1999 along with certification it is compliant... .testing will be handled by Bill Shaw who is head of the computers for the Town. Controller Hess-We have a formal procedure for Y2K throughout the town in all operations. Mr. John Salvador-Spoke about the Storm water management plan there is a restraint you have when doing your own storm water management plan, it has to be at least equal to or better than, why do it? Are you going to make it more difficult than what they have come up with? Councilman Merrill-It will be equal to, it is not that complicated... we are getting it under Town control. Supervisor Champagne-We want to monitor it. Mr. Salvador-You have to come up with a cost benefit analysis... Asked for a street light at the corner of Dunhams Bay Road and Route 9L... spoke about the children that walk the road going to and from school. Mr. Jeremy Hammond-Queensbury-You guys don't want to get your hands wet with the Big Boom road issue and to the gentlemen that are refusing the issue you definitely, well I wish I could vote for one of you because I wouldn't and the other one I am definitely not going to vote for. DEC approval needed? Did we get approval for all the roads in Warren County to be paved because of this problem, you just do not want to get your hands dirty. Continue to refuse the issue or any other hot issue, Fuller Road etc. I find it cowardest, I am glad the high school kids left that were here this evening, simply because they might of seen a disgusting act and act not becoming an honest and honorable representative of the people of the Town of Queensbury. Thank you. Mr. John Strough-Re: New Bridge over Aviation Road.. thought there was to be an allocation of five feet on either side of the bridge for pedestrian and bicycle traffic, the original plans called for a stripped bike access area going over the bridge. . . Supervisor Champagne-Will check on that. Mr. Salvador-RE: Big Boom Road, is it possible for you to have independent testing done for PCB's? Councilman Merrill-We could but I would want to do it with DEC protocol. Supervisor Champagne-Until I feel comfortable with DEC I do not want to hire any environmental private agency to do my testing, when I get the clearance from DEC I am comfortable and ready to move forward, because DEC could come in and retest anyway. Mr. Salvador-Questioned how much the tests cost? Councilman Merrill-One hundred and fifteen per test. . . Mr. Lou Stone-Queensbury-It troubles me that the World is caught up in the PCB hipe, PCB has not been shone in any test in any where in any part of the world to harm human beings. . . there is no data to show that it is bad. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 400.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss a matter of litigation and contractual matter. Duly adopted this 19th day of October, 1998 by the following vote: AYES: Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Turner Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury