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1998-11-16 REGULAR TOWN BOARD MEETING NOVEMBER 16, 1998 7:00 p.m. MTG.#61 RES. 422-439 B.O.H. 54-55 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 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MERRILL SUPERVISOR CHAMPAGNE-OPENED THE MEETING RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 422. 98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 16th day of November, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON JIM AND KARIN BOWEN'S APPLICATION FOR A VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE RESOLUTION NO.: 54.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER 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's On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Jim and Karin Bowen have applied to the Queensbury Local Board of Health for a variance from Chapter 136, Appendix A of the Ordinance, such application requesting that the applicants be permitted to place the septic tank three feet (3 ') from the new frost wall in lieu of the required ten feet (10') setback, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will conduct a public hearing on December 7th, 1998, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Queensbury to consider Jim and Karin Bowen's application for a variance from the Town's Sewage Disposal Ordinance on property situated at 5 Butternut Hill Drive, Queensbury and bearing Tax Map No.: 54-5-11.32 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing as required by law and also mail copies of the Notice to the adjoining neighbors located within five-hundred feet (500') of the subject property. Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Turner, Mr, Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 55.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Queensbury Board of Health and moves back into Regular Session. Duly adopted this 16th day of November, 1998 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None 2.0 CORRESPONDENCE NONE 3.0 TOWN COUNCILMEN'S COMMITTEE REPORTS Councilman Turner-Reported on the Planning Meeting of 11-13-98 Foundation location: establishing where the foundations are on building lots - average survey cost four hundred dollars which will show the lot and the build area..update the survey for any additions, the survey would be before framing, and decks on piers would be exempt, decks on foundation not -exempt. Councilman Merrill-Reviewed the status of some the active projects in the Planning Dept., Chris Round will present the Board will a sununary of the projects. . . 1 st priority to complete the Comprehensive Landuse Plan by year end. . . document will include implementation plan. . . 4.0 OPEN FORUM FOR RESOLUTIONS Mr. John Salvador-Resolution 5.5 Engagement of Nace Engineering what is the financial scope of that work? Supervisor Champagne-Shared expense by the County and Town.. . Dineen Road area, is over on Glen Lake, there was a drainage pipe that came out the side of an embankment that ran water across Dineen Road and into the lake, a house was built on that lot, two years ago during a heavy rain season the water damaged the retaining walls, the County has agreed to provide drainage materials, and we would perform the labor. Mr. Salvador-How is the County involved? Supervisor Champagne-Glen Lake Road is the County Road. Mr. Salvador-Questioned if any thought was given to the County doing the engineering work on this? Supervisor Champagne-Other projects done at the County have been done by outside contractors. Mr. Salvador-Is the drainage coming from the County Road? Highway Supt. Naylor-Yes. Supervisor Champagne-Noted there will have to be a culvert under Dineen Road another one into the property owners, where an easement is needed. Mr. Salvador-Questioned if the Warren County Planning Board participate in the approval of this dwelling? Supervisor Champagne-I do not know. Councilman Irish-Questioned if the County could be contacted to see if they would do the work. Supervisor Champagne-I will investigate, they have not done it before. Mr. Salvador-Will this expense come out of the Highway Budget? Supervisor Champagne-We pay for drainage, Town General Fund. Mr. Salvador-Questioned if the Highway Supt. would be authorized to go onto private property with the Town easement? Town Counsel-The Highway Supt. is an agent of the Town. Mr. Salvador-Resolution 5.6 Rescind resolution 340.98 concerning Tipping fees, what and why are we rescinding? Supervisor Champagne-Noted previous resolution stated that the town was not interested in paying the $69.00 tipping fee, this resolution calls for rescinding that.. . the IDA sets the tipping fee if Queensbury residents want to participate in the burn plant that's what the tipping fee will be $69.00 as set by IDA. Mr. Salvador-What other alternatives do Queensbury residents have? Councilman Irish-Then you have a hauler pick the stuff up. Supervisor Champagne-It should have never been lowered from sixty nine to fifty five that is where the mistake was made, now we are trying to correct that mistake. Councilman Tucker-We have thirty thousand tons coming in at forty two dollars and fifty cents a ton... Supervisor Champagne-The issue is that the burn plant has got to maintain capacity input. . . the cost for the burn plant hovers somewhere at $75.00 per ton bracket that what it costs to burn a ton of garbage. . . the percentage of Warren and Washington garbage is fifteen percent we have got to bring in another eighty five percent to make that plant work for us. 5.0 RESOLUTIONS RESOLUTIONTION ADOPTING 1999 ANNUAL TOWN BUDGET RESOLUTION NO.: 423,98 MOTION DEFEATED INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, the Town Board of the Town of Queensbury conducted a public hearing on November 5th, 1998 concerning the proposed 1998 Preliminary Budget and all interested persons were heard, and WHEREAS, ~27 of the Town Law provides for the setting of salaries of Elected Officials of the Town as part of the Town's Preliminary Budget, NOW, THEREFORE, BE IT RESOLVED, that the salaries for the Town of Queensbury Elected Officials shall be as follows: Supervisor Town Councilpersons (4) Town Clerk Highway Superintendent $52,000. per annum; $13,1 00. per annum; $46,200. per annum; $59,000. per annum; Town Justices (2) $30,500. per annum; and BE IT FURTHER, RESOLVED, that the amendments to the Preliminary Budget shall hereby be as follows: and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the 1999 Preliminary Budget as amended as the Town of Queensbury Annual Budget for 1999 and directs that the Budget be entered in the minutes of the proceedings of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to prepare and certify duplicate copies of the Annual Budget and deliver one copy to the Queensbury Town Supervisor so that he may present it to the Warren County Board of Supervisors. Duly adopted this 5th day of November, 1998, by the following vote: AYES Mr. Tucker NOES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne ABSENT: None Discussion held before vote: Supervisor Champagne-I think the overall budget is looking good, I see no problem with moving forward. Taxes are held and in most cases being reduced, there has been a question here in terms of the elected officials salaries it is being recommended, at least I would recommend that we hold to the three percent for the supervisor, the town council people those elected officials that actually vote for or against their own salaries, but at the same time because of the previous years lack of an increase for all of us including the town clerk, highway superintendent and town justices I would recommend that those salaries go back up in the case of the town clerk forty six thousand two hundred dollars that was recommended by the controller, the highway superintendent would go up to fifty nine thousand and the town justices, the two town justices would be up to thirty thousand five hundred as again recommended those three numbers by the controller. That would be my suggestion. Councilman Tucker-Well, Fred I think we are all worth what the Controller recommended. We had a long discussion about this and thought it was all settled. Supervisor Champagne-Well, like everything in government sometimes things do get changed. Councilman Tucker-What do you feel is the reason that yours shouldn't go and our's shouldn't go? Supervisor Champagne-I think we sit here in judgment of our own salaries, I think that the pattern that is out there the message that we are sending that you are voting on your own salaries three percent is a reasonable and responsible increase in salaries and that is my personal opinion certainly you can have yours others will have theirs. Coming from where I come from those are the issues that I think strongly favor. Councilman Tucker-When we talked about it that was all it was, was three percent for last year and three percent for this year. We brought the town clerk we brought the highway superintendent and the town justices made up the pay raise that they did not get last year, right? Supervisor Champagne-They do not get to vote on their raises, we do. Councilman Tucker-Can I ask you a question? Supervisor Champagne-Sure. Councilman Tucker-If we don't vote on it our raises, who is going to vote on it? I personally thing my job is worth it. Supervisor Champagne-Maybe the other board members do think their job is worth it, I am only one vote on a board of five, my vote is as I originally made you know an issue of this during the preliminary budget, the preliminary budget showed a three percent across the board that is what I went in with. Councilman lrish-I thought the reason we had Henry do it was because to take that perception that the town board sets their salaries out of the political world if you will by using Henry and letting him come up with a formula to set not only the Town Board all the Elected Officials salaries which is what he did with the Town Clerk and the Superintendent of Highways. Initially I was not in favor of voting on any raise but once you know it was taken off, to me three percent is a arbitrary figure and there is really no justification for it other than you are comfortable with making that three percent offer but whether Henry came back with six percent or two percent I feel more comfortable voting on something because he has got a rational and a formula as to how he arrived at that figure and as far as a Town Board Member goes, three percent or six percent is not a whole hell of a lot but when you are talking about the other full time elected officials I think that they should be looked at a little more seriously as far as the money that they are being awarded or allowed. I do not think that you can treat one different than the other when you do that, which is what we are doing if we allow the Superintendent of Highways and the Town Clerk to have a raise recommended by Henry Hess but then we turn around and say well since we are voting on our own salaries we are not going to do the same thing. Councilman Merrill-It's almost essential that we do adjust the salaries on a gradual basis so we do not have to face with a large increase at some point in the future. Councilman Irish-Which is what you were first doing here and that is the recommendation for six. Councilman Merrill-And we certainly need to provide fair enumeration for the job. But when I ran for this office I ran for a salary of twelve thousand three hundred and sixty dollars I am not looking for that three percent for last year. Councilman Irish-Well you can give yours back. Councilman Merrill- I will. Councilman Irish-That is no reason to limit somebody else. I did not run, you are not going to get rich on this job but I think that you need to set up a process where you take that out of the town boards hands like, you know, if everybody was to sit up here and vote every year on a raise it would be three percent for ever and ever and ever. If you take it out of the town boards hands and let somebody that has got a rational for how they are coming up with those figures you know, whether they are comparing it against private industry or they are comparing it against other municipalities or however they come up with it and they make a recommendation to you that is different then us sitting up here and coming up with a arbitrary figure of something we think is going to sound good and sell well in the public. You know that is my only comment on it. Supervisor Champagne-Any other comments? Councilman Turner-I am comfortable with the three percent raise and six for the other officials, town clerk, highway superintendent and justices and the reason being is that it is the same, I did not come here looking for the money and three percent is adequate enough for me to do the job. I will go with that. Supervisor Champagne-I think when we look across the board to the other employees throughout the town if we look at the hourly rate the annual salaries and it is fair to say that during you know, negotiations and as I look around this community and certainly the northeast region, I use IP and Ticonderoga with the concessions that are being made up there, lay offs we are still not economically healthy, believe me in the Town of Queensbury. I think that it is a fair measure to move forward is as I am proposing the three percent for all elected officials other than town clerk, highway superintendent and town justices, those I can justify. Do you want to call the question? Councilman Irish - I do not understand how you justify that but you cannot justify across the board, to me that sounds like we are not doing our jobs so we shouldn't be given the same consideration that other elected officials. Supervisor Champagne-If that is how you read it Doug I guess you have that privilege. Councilman Irish-That is what it sounds like you can justify the justices, the highway superintendent and the clerk but you cannot justify your own salary, to me that sounds like you are not doing the job, or we are not doing the job and we do not deserve that. I for one think that I work very hard doing this job and think I am doing a very good job and if the recommendation is for six percent then that is what I want six percent. Now if you guys want to settle for three percent we have talked it over with Henry the controllers office can make that adjustment in your paychecks without effecting mine and he can do that without any problem. Supervisor Champagne-Is that a legal transaction? Town Counsel Schachner-That is different than giving back. Councilman Irish-That is what I am saying take the six percent and they give back the three percent that they do not want ... Town Counsel Schachner-That can give it back but under law I think if you would dock this across the board he is obligated to pay it. Councilman Irish-Unless you go to him, Henry explained it to me unless we go to him and tell him I only want this much for pay then he can make that arrangement. Controller Hess-I think what I said was if that's what an individual councilman wants to get paid less, I am sure there is a way that. . . Town Counsel Schachner-There is no question that he can give it back. Controller Hess-I do not want to solve that problem here tonight. Councilman Irish-Maybe Henry should explain how he came up with the figures for the raises, maybe that would help. Controller Hess-I cannot say that it was sophicated measure this year because it was done on short notice but we did go back and look at the Supervisor primarily because the other ones were sort of catch up we looked at the Supervisor's position and tried to justify where we thought that should be in relationship to the top ten salaries in the Town and paying less than fifty two thousand brings it to less than fifty percent of the top ten salaries. I just justified that I believe that was a fair number to pay the Supervisor of a town of this size. As far as the councilmen we added up and said that if the councilmen;s salaries together added up to the amount that was being paid to the Supervisor looking at a couple of towns that I had samples for at the time that seemed to be a reasonable calculation also. So, that is basically how we came up with it. Since we had this meeting a couple of weeks ago I have done additional research and had you know, if you were going to continue the trend looks like you may not but if you were going to continue the trend of trying to justify where the salaries should be you know, we started a process to gather information like that and indications are that neither the supervisor or the council people in this town are over paid. And so we would probably look for even slightly maybe a slightly different relationship but I still feel comfortable with the recommendation that were made, strictly on financial issues not on political issues, strictly on financial issues. Councilman Irish-As far as political issues go we sat here for four hours one night and did, the, had the public hearing on the budget and I do not think one person from the audience mentioned salaries for elected officials and the Post Star certainly did a good job of making sure that everybody knew that there was big raise for elected officials in the paper so I do not think they were unaware of it if there was any public outcry I think we would have heard it during the public hearing. Supervisor Champagne-I am not concerned with public outcry that really doesn't enter my equation, I think the equation I am trying to look at here is the message that is being sent. Councilman Merrill- I do not feel the need for the three percent catch up for last year. Councilman Irish-Then give it back, that's all. Give yours back but don't penalize somebody else that is sitting here thinking that they are doing just as good if not better job and want the recommended raise. Supervisor Champagne-Doug when you ran for this job were you looking for a six percent increase at the time you ran? Councilman Irish-No, but that is the recommendation and we agreed that whatever Henry came with we were going to. Supervisor Champagne-I never agreed to that, I had a three percent going in and I stuck to that if you remember, There was no agreement on my part that six percent was part of the Supervisor's salary. If you feel strongly that you want to go the six, six and three and three and three and if it is a give back I realize you can do that as long as someone calculate taxes and all those other things that are coming out of there before the give back. I am going to move the question and I am going to move it in such a way as to this is what will be presented and then whatever make up you want to have after that, that's entitled to the individual. Councilman Irish-Not if you get it that way because you are already eliminating the Town Board salary the difference if you move it.. Supervisor Champagne-If you want to go to six percent if that is the way you want it. Councilman Irish-So, what I would like to do and then let you make aaa... Supervisor Champagne-You have heard the comments talk to me, what do you want to do? Councilman Turner-I have stated my position, three percent. Councilman Tucker-Would you feel comfortable Ted, of giving three back? Councilman Turner-I do not see any need for it, I do not want to go through all that paper work, for three percent. Councilman lrish-I am sure it is not any big deal with paper work. Councilman Turner-It just burdens the process, that is all. Councilman Merrill-Henry a practical question, if you give the salary back is that how does that effect tax status? Controller Hess-Right now, I cannot tell you. Councilman Merrill-You are paid so you pay taxes on it and you end up giving back after taxes, or before? Controller Hess-Are you telling me or asking me, if you are asking me the answer is I do not know, if you are telling me I will listen to you. Councilman Merrill-So, it gets very complicated. Councilman Irish-Well, it shouldn't be any more complicated than giving back the buy back on the insurance, you did not accept that and I am sure you are not being taxed on it. Councilman Merrill-That was not salary. Councilman Tucker-It was part of the payment of the job. Councilman Merrill-I did not accept that, so I never saw it. This you would be accepting so you would be subject to taxes. Councilman Irish-If you are not paid you are not subject to taxes. Councilman Merrill-I am being paid and I am giving it back, that is the question. Supervisor Champagne-Ready to vote? Councilman Merrill-What are we voting on? Town Clerk Dougher-Right now you are voting on exactly what is in front of you. Supervisor Champagne-I know that. Councilman Irish-Without any changes? That is three percent for everybody. According to this everybody got three percent. Supervisor Champagne-That is correct. Councilman Irish-Including the Highway Dept? Supervisor Champagne-Yea. I made a recommendation where Councilman lrish-I will go with mine. Supervisor Champagne-At three percent? Councilman Irish-Three percent across the board. Councilman Tucker-Three percent for who? Councilman Irish-Across the Board. Councilman Tucker-Everybody? Councilman Irish-Yes. Supervisor Champagne-Ok. So what we are going to do if we vote on that three percent across the board and we vote it down then the second resolution can be brought to the floor increasing those other three salaries to six percent, is that? Councilman lrish-I will amend it for all elected officials to six percent. Town Clerk Dougher-That will have to be agreed to by Mr. Merrill. Councilman Merrill-Me? Town Clerk Dougher-You seconded it., Councilman Merrill-Ok. Yes. We will put it at six and then vote it out. Let it go to the vote. Councilman Irish-you can vote it anyway you want. Controller Hess-gave the figures to the board of what was published in the paper. . . RESOLUTION ADOPTING 1999 ANNUAL TOWN BUDGET RESOLUTION NO.: 424.98 INTRODUCED BY: MR. FRED CHAMPAGNE WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town Board of the Town of Queensbury conducted a public hearing on November 5th, 1998 concerning the proposed 1998 Preliminary Budget and all interested persons were heard, and WHEREAS, ~27 of the Town Law provides for the setting of salaries of Elected Officials of the Town as part of the Town's Preliminary Budget, NOW, THEREFORE, BE IT RESOLVED, that the salaries for the Town of Queensbury Elected Officials shall be as follows: Supervisor Town Councilpersons (4) Town Clerk Highway Superintendent Town Justices (2) $50,600. per annum; $12,730. per annum; $46,200. per annum; $59,000. per annum; $30,500. per annum; and BE IT FURTHER, RESOLVED, that the amendments to the Preliminary Budget shall hereby be as follows: and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the 1999 Preliminary Budget as amended as the Town of Queensbury Annual Budget for 1999 and directs that the Budget be entered in the minutes of the proceedings of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to prepare and certify duplicate copies of the Annual Budget and deliver one copy to the Queensbury Town Supervisor so that he may present it to the Warren County Board of Supervisors. Duly adopted this 5th day of November, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Champagne NOES Mr. Irish, Mr. Tucker ABSENT: None Discussion held before vote: Supervisor Champagne-Now we go back to elected officials, the Supervisor and the Council people at the three percent and then the other numbers remain the same, 46,200 the 59,000 and the 30,500. I would like to make that as a resolution that is my motion.. . seconded by Ted. Councilman Tucker-Tell me what you are doing, Fred. Supervisor Champagne-We are leaving at three percent as was discussed earlier the three percent, if you look at the numbers that appear in your resolution, Supervisor 50,600, Town Council person 12,730 leaving that as it is, as it appears in the resolution increasing the Town Clerk from 44,870 as it reads there now increasing that to 46,200 increasing the Highway Supt. from 57,290 to 59,000 and the two Justices as was reported during our meeting with them from 29,500 to 30,500 that is the resolution that is on the table. Vote taken. RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 425.98 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: CONTINGENCYIDATA PROCESSING: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1680-2032 (Computer Software) 12,800. 01-1990-4400 (Contingency) 01-1680-2031 (Computer Hardware) 12,154 HIGHWAY: FROM: TO: $ AMOUNT: 04-5130-1460 (Mechanic) 04-5130-4400 (Misc. Contractual) 7,500. WASTEWATER: FROM: TO: $ AMOUNT: 032-8130-4425 (G.F. Sewer Charges Treatment & Disposal) 032-8110-4130 (Allocated Legal Services) 2,000. Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING KAREN STOCKWELL TO CARRY OVER EIGHT UNUSED DAYS OF VACATION TIME RESOLUTION NO.: 426.98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, Karen Stockwell, Town Court Clerk, has requested that she be allowed to carry over eight (8) vacation days from 1997 as she was out on disability from November through December, 1997 and was unable to use the eight vacation days, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Karen Stockwell to carry over eight (8) vacation days from 1997, such vacation days to be utilized prior to December 31, 1998. Duly adopted this 16th day of November, 1998 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING THE REINDEER 5K RUN RESOLUTION NO.: 427.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the United Cerebral Palsy Association of the Tri-Counties, Inc., has requested permission to conduct the Reindeer 5K Run as part of the North Country Festival of Trees to benefit the Prospect Child and Family Center as follows: SPONSOR United Cerebral Palsy Association of the Tri-Counties, Inc. EVENT: The Reindeer 5K Run DATE Sunday, November 29th, 1998,9:30 a.m. PLACE : Beginning at the Hiland Park Golf Club Parking lot off of Haviland Road, left onto Haviland Road, left onto Rockwell Road to the end of Rockwell Road and then turn around and back the same route. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the United Cerebral Palsy Association of the Tri-Counties, Inc. to conduct the Reindeer 5K Run as part of the North Country Festival of Trees to benefit the Prospect Child and Family Center in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF NACE ENGINEERING, P.C. FOR ENGINEERING SERVICES AND VAN DUSEN & STEVES FOR SURVEYING SERVICES CONCERNING DRAINAGE IMPROVEMENTS ALONG DINEEN ROAD RESOLUTION NO.: 428.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town Board of the Town of Queensbury wishes to engage the services of a professional engineering firm and a surveying firm to survey the property along Dineen Road in Queensbury and design drainage improvements, and WHEREAS, Nace Engineering P.c. has offered to render the proposed engineering services and VanDusen & Steves has offered to render the proposed surveying services for a total amount not to exceed $2,150, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Nace Engineering, P.c. to provide the engineering services and VanDusen & Steves to provide the surveying services described above at a cost not to exceed the total amount of $2, 150 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor to execute any forms or agreements in form approved by Town Counsel, necessary to effectuate this Resolution. Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION RESCINDING RES. 340.98 CONCERNING TIPPING FEES FOR TRASH DISPOSAL AT THE RESOURCE RECOVERY PLANT RESOLUTION NO.: 429.98 INTRODUCED BY: MR. FRED CHAMPAGNE WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town Board of the Town of Queensbury previously adopted Resolution No.: 340.98 which Resolution stated that the Town Board of the Town of Queensbury would not pay an amount of more than $55 per ton for tipping fees for trash disposal at the Adirondack Resource Recovery Plant, and WHEREAS, the Town Board of the Town of Queensbury wishes to rescind Resolution No.: 340.98, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds Resolution No.: 340.98. Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Turner, Mr. Merrill, Mr. Champagne NOES Mr. Irish, Mr. Tucker ABSENT: None RESOLUTION AUTHORIZING NEW COMPUTER STANDARDIZATION POLICY RESOLUTION NO.: 430.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, by Resolution No.: 388.95, the Town Board of the Town of Queensbury authorized standardization of the Town of Queensbury's computer hardware, and WHEREAS, Henry Hess, Town Controller and Bill Shaw, Computer Technology Coordinator, have advised the Town Board that computer technology has evolved rapidly since 1995 and therefore recommended that the Town Board adopt a new computer standardization policy to assure compatibility among the Town's computer systems, and WHEREAS, the Town Board wishes to update its computer hardware standardization in accordance with these recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines it appropriate to update its computer hardware standards for all Town departments to ensure computer compatibility in accordance with the recommendations of the Town Controller and Computer Technology Coordinator, and BE IT FURTHER, RESOLVED, that the new brand name standardization for the Town's computer hardware shall be as follows: I.Computer systems shall be limited to Pentium II Processors or higher, with a minimum processing speed of 300 mhz; I.Any computer systems purchased shall be one of the following name brands, which are all currently available through New York State Contract: A. Dell Computer Corporation; A. Compaq Computer Corporation; A. IBM; A. Gateway Computer Company. 3. Peripheral equipment such as printers, modems, etc., need not be standardized, but each purchase shall be coordinated with the Computer Technology Coordinator. 1. All departments must coordinate all computer hardware and software purchases with the Computer Technology Coordinator; and 1. The recommendation of the Computer Technology Coordinator shall be required prior to all purchases. and BE IT FURTHER, RESOLVED, that any provisions of Resolution No.: 388.95 that are inconsistent with the above provisions of this Resolution are hereby superseded. Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING TRUSTEE UNDER DEFERRED COMPENSATION PLAN, APPROVING TRUST AGREEMENT AND APPROVING AMENDMENT OF CONTRACT WITH HARTFORD LIFE INSURANCE COMPANY RESOLUTION NO.: 431.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, pursuant to Section 5 of the New York State Finance Law (Section 5) and the Regulations of the New York State Deferred Compensation Board (the Regulations), the Town Board of the Town of Queensbury has adopted and currently administers the Deferred Compensation Plan for Employees of the Town of Queensbury (the Plan), and WHEREAS, the Town has requested proposals from prospective trustees under the Plan, and WHEREAS, in response to amendments to Section 457 of the Internal Revenue Code, as amended (the Code), the Town Board has amended the Plan effective January 1, 1999 by adopting the Model Deferred Compensation Plan for Employees of the Town of Queensbury (the Model Plan) as amended and restated April 1, 1998, promulgated by the New York State Deferred Compensation Board, and WHEREAS, the Town of Queensbury Deferred Compensation Committee met on October 22, 1998 to discuss issues related to the amendment of the Deferred Compensation Plan and has recommended that the Town Board adopt certain additional amendments and to discuss certain administrative regulations to make administration more orderly and efficient, NOW, THEREFORE, BE IT RESOLVED, that FMB Trust of Baltimore, Maryland is hereby appointed to act as trustee (the Trustee) under the Plan pursuant to the proposed Trust Agreement to serve until such time, if any, as one or more successor trustee(s) are appointed in accordance with the Regulations, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute and deliver the Trust Agreement by and between FMB Trust of Baltimore, Maryland and the Town substantially in the form attached hereto as Exhibit A, and BE IT FURTHER, RESOLVED, that the annual fee of five hundred dollars ($500) for services of the Trustee is hereby approved and that such fee shall be paid from the appropriate account as determined by the Town Controller, and BE IT FURTHER, RESOLVED, that the Amendment by and between Hartford Life Insurance Company (Hartford) and the Town attached hereto as Exhibit B, which provides that Hartford shall render certain administrative services related to "hardship requests" under the amended Plan, is hereby approved and the Town Supervisor is hereby authorized and directed to execute and deliver the Amendment substantially in the form attached hereto as Exhibit B, and BE IT FURTHER, RESOLVED, that the proposed administrative regulations in the form attached hereto as Exhibit C are hereby authorized and that the Town Controller is directed to follow such administrative regulations in the administration of the Plan, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute such documents and take such actions as are necessary and proper to carry out the intent of this Resolution. Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AMENDING AND RESTATING THE DEFERRED COMPENSATION PLAN RESOLUTION NO.: 432.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the New York State Deferred Compensation Board (the Board), pursuant to Section 5 of the New York State Finance Law (Section 5) and the Regulations of the New York State Deferred Compensation Board (the Regulations) has promulgated the Model Deferred Compensation Plan for Employees of the Town of Queensbury (the Model Plan) and offers the Model Plan for adoption by local employers, and WHEREAS, the Town Board, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Queensbury, and WHEREAS, Section 457 of the Internal Revenue Code, as amended (the Code), was recently amended by the Small Business Job Protection Act of 1996 to require that amounts held pursuant to eligible deferred compensation plans such as the Model Plan must be held in trust for the exclusive benefit of participants and their beneficiaries, and WHEREAS, Section 457(e)(9) of the Code was recently amended by the Taxpayer Relief Act of 1997 to increase the maximum elective distribution amount for small accounts from $3,500 to $5,000, and WHEREAS, effective September 3, 1997, the Board amended and restated the Model Plan to require that amounts held pursuant to eligible deferred compensation plans such as the Model Plan must be held in trust for the exclusive benefit of participants and their beneficiaries and to make other miscellaneous modifications to the Model Plan, and WHEREAS, effective April 1, 1998, the Board again amended and restated the Model Plan in the form set forth in Exhibit A to increase the maximum elective distribution amount for small accounts from $3,500 to $5,000, to permit the deferred compensation committee of a Model Plan to direct the transfer of the account balances of Participants whose employment is being transferred to another employer permitted to adopt an eligible deferred compensation plan pursuant to Section 457 of the Code or, alternatively, to permit such Participants to each elect to transfer their account balances, to the eligible deferred compensation plan of the Participants' new employer, and to clarify that each Participant may take into account the portion of the annual deferred compensation limitation that the Participant did not utilize under any eligible deferred compensation plan adopted pursuant to Section 457 of the Code for the purpose of determining such Participant's catch-up contribution limitation with respect to the Model Plan adopted by the Participant's employer, and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and WHEREAS, the Town Board has determined that FMB Trust of Baltimore, Maryland will serve as Trustee pursuant to the proposed Trust Agreement until such time, if any, as one or more successor trustee(s) are appointed in accordance with the Regulations, and WHEREAS, upon due deliberation, the Town Board has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the Town of Queensbury by adopting the amended and restated Model Plan, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends the Deferred Compensation Plan for Employees of the Town of Queensbury effective January 1, 1999 by adopting the amended and restated Model Plan effective April 1, 1998 in the form attached hereto as Exhibit A, and BE IT FURTHER, RESOLVED, that the Town Board has selected FMB Trust of Baltimore, Maryland to serve as Trustee pursuant to the proposed Trust Agreement, which will be implemented in substantially the form attached hereto as Exhibit B. IN WITNESS WHEREOF, the undersigned have executed this Resolution in Warren County, New York, this 16th day of November, 1998, and directed that it be filed as appropriate. Duly adopted this 16th day of November, 1998 by the following vote: BY: Yes FRED CHAMPAGNE, SUPERVISOR Yes DOUG IRISH, COUNCILPERSON Yes RICHARD MERRILL, COUNCILPERSON Yes PLINEY TUCKER, COUNCILPERSON Yes THEODORE TURNER, COUNCILPERSON RESOLUTION AUTHORIZING TRANSFER OF FUNDS AND AMENDING 1998 BUDGET RESOLUTION NO.: 433.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, by Resolution No.: 416.98, the Town Board of the Town of Queensbury authorized engagement of the services of AJS Enterprises to perform reconfiguration work in the Community Development Office, and WHEREAS, the Town Board wishes to transfer the funds necessary to cover the cost of the reconfiguration work, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1998 Town Budget be amended as follows: CONTINGENCYIBUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1620-4400-0000-0022 3,700. (Building & Grounds Misc. Contractual Town Office Building) Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING GAIL ROOT TO TEMPORARY POSITION OF CONFIDENTIAL ADMINISTRATIVE SECRETARY IN HIGHWAY DEPARTMENT RESOLUTION NO.: 434.98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY : MR. DOUGLAS IRISH WHEREAS, Rebecca Bernard, Confidential Administrative Secretary in the Town Highway Department will be taking a maternity leave some time in the beginning of 1999, and WHEREAS, Paul Naylor, Highway Superintendent wishes to appoint a Temporary Confidential Administrative Secretary to replace Mrs. Bernard while she is on maternity leave, and WHEREAS, Mr. Naylor has recommended Gail Root for the temporary position and has requested Town Board approval for Ms. Root to begin employment in December so that she may complete training for the position before Mrs. Bernard begins her maternity leave, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the temporary appointment of Gail Root to the temporary position of Confidential Administrative Secretary effective December 14th, 1998, and BE IT FURTHER, RESOLVED, that Ms. Root shall hold the position of Temporary Confidential Administrative Secretary until Rebecca Bernard returns from her maternity leave some time in 1999, and BE IT FURTHER, RESOLVED, that Ms. Root shall be paid at a pro-rated hourly rate based on the first year annual salary for that grade level, 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 16th day of November, 1998 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY AT THE HILAND PARK GOLF CLUB RESOLUTION NO.: 435.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Bruce Layman and the Prospect Child and Family Center, has requested permission to conduct a fireworks display as follows: SPONSOR: Bruce Layman and the Prospect Child and Family Center PLACE: Hiland Park Golf Club DATE: November 28th, 1998 TIME: 7:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, ~405, is hereby authorized to issue a permit subject to the following conditions: LAn application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. A. The date and time of day at which the display is to be held. A. The exact location planned for the display. A. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. A. The number and kind of fireworks to be discharged. A. The manner and place of storage of such fireworks prior to the display. A. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Bay Ridge Volunteer Fire Co., Inc., 1. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None 6.0 PLANNED DISCUSSIONS 6.1 QEDC Supervisor Champagne-There has been some discussion regarding the pay back of the moneys that was originally loaned to them back in 1986-87 to purchase the property at the technical park and to put the infrastructure in. When the property was sold to AMG there was a revolving loan that was going to return the 375,000 dollars back into the treasury for future economic development. After one hundred and fifteen thousand dollars came back after a year and a half to two years of AMG they have sense gone into bankruptcy. In order to continue to have QEDC in a financial status to continue revolving loans to businesses I would like to put a resolution together for the future that would revive that pay back 56,000 annually, postpone those payments until such time as other loans are made and through HUD there is a method those dollars could be repaid. Councilman Irish-Noted we should be talking about re-structuring the loan, in a way to give them more breathing room but also gives the Town Board the opportunity to decide whether or not this is the direction we want to continue in or if there is something else we would like to do. We have all expressed an interest in doing something with Economic Development to be honest with you I have set through some of these meetings and have not seen this organization go in a direction that I would call economic development short of the one loan that they have out there and I really do not know if they are capable of doing the things that the Town is looking for them to do. I am in favor of restructuring it to the point where it gives them a little breathing room and doesn't forgive their obligation but it gives the Town Board the opportunity to look at it a little bit longer and decide what we want to do. Supervisor Champagne-I have no problem with that, .. .lets set a year and waive the 98 payment and give them a years grace and at that point we are going to be looking at something different that is in place so you have not restricted the loan and then come back again and have to restructure a year from now, this would postpone payment. Councilman Irish-We should apply some interest toward the missed payment. Councilman Tucker-Noted that we should discuss this at the next meeting. Supervisor Champagne-Through the restructuring and the new leadership that is coming on at the Warren Co. Economic Dev. Corp. I think you are going to see some changes in terms of how this job gets done. We have got to move this out of the way in the terms of the funds that are going into it and the town needs to support the Warren Co. Economic Dev. Corp. so that we can have a major role down there. This organization needs some, I do not know if it is paid leadership or whether it is volunteers someone who will kick this thing in gear and make it work. Asked for the board support in giving a year grace period will add interest on the fifty three thousand dollars and go from there... (Board agreed) 6.2 NEW BUSINESS INDIAN RIDGE Matthew 1. Jones-I am the lawyer representing Thomas 1. Farrone and Son Inc. one of the principal landowners in the Indian Ridge Development. Following the Appellate Divisions last Thursday I called your Attorney Mark Schachner to indicate our sincere desire to sit down with you in whatever form would be appropriate and with representatives of the citizens group in a sincere attempt to see if there was some common ground to bring a project to the Town of Queensbury and to that neighborhood that everybody who has an interest could live with. I mean that sincerely when I said it to Mark. I do not know the form for that yet I thought I might get a chance to talk with members of the Council individually to see what your concerns might be. I was hoping to do that within the next week or ten days, maybe before Thanksgiving and then and with the participation of the citizens group, in the hopes that when we do get something together people will be fully informed about it and there won't be anybody who is left out of the process. We want it to be a fully informed process. I thought I would take the opportunity to try and do that since the last time I was here a couple of years ago some of the faces have changed a little bit and I have not gotten to know all of you as well as I would like to. I would like take that opportunity first in the next several days and see Dr. Hoffman is here and maybe I would chat with him about times that we could come and see you and see if there are some things that we can try to work out in an engineering stand point that makes some sense. Supervisor Champagne-Mark are there any legal issues here that requires official public hearing, none of that is required as we go down the road. What are the obligations of the town at this state if any? Town Counsel Schachner-Right now we do not have any legal obligations, Mr. Jones at this point has not proposed any formal changes in the previous application or any formal anything for that matter I think all he is proposing right now is a meeting with the Town Board and whoever else the town wants to invite really is to just discuss things, if that is the case there is no legal requirement. Councilman Irish-My suggestion would be that any meeting that we have be at a workshop and all of us would be present, with regard to the citizens group I think if you had two or three members at the most I do not think we would want all thirteen of the steering members there and get together and sit down with yourself and try and put something together that is workable over there. Supervisor Champagne-Indian Ridge Developers in cooperation with the Citizens for Queensbury I think there is enough organization of the group to sit down and if you can arrive at a compromise some to the board I am all for it. If you could spend time and narrow the differences and then come back to us and say we are this close now you mediate the differences. Councilman Irish-Noted he would like to participate in that kind of a forum from the start. Dr. Hoffman-I welcome the opportunity to find common ground I think everyone benefits from that. Certainly if there are obstacles to that there has been a long series of dispute and mistrust, but I think we can overcome that. Exactly what the best forum to do that is we can talk about that certainly I would like to avoid the kind of thing which happened before which was that the whole process was taken very far along the path with relatively little public input and really it seemed like it had reached the point was very difficult to back track it. So, as much as we can do this in the open and with good public input I am certainly all in favor of that. If you want us to start the process before it goes to the Board we would be happy to meet with Mr. Jones and his Associates initially in an informal setting just people to people. Councilman Turner-They have got to narrow the issues down themselves it is not up to us to do it. Councilman Merrill-I think if they have a preliminary meeting, but I would like to be involved early in this process especially in the landuse standpoint. Councilman Tucker-I want to be in there from the get go. Councilman lrish-I think it is probably a good idea that they sit down together and either side could come in and say gee, we had a couple of meetings we would like to involve the Town Board now. Supervisor Champagne-Why don't we try that, if the two of you and put together a time and place and then let us know immediately upon having conducted that meeting and maybe if the comfort level here is such we will bring you back in. Have two members of the Board Pliney and Doug. . . Councilman Tucker-I am going to promise you something Fred, I am just going to listen I will not make any decisions for the Board, period. Attorney Jones-We will get together and have a preliminary meeting and then maybe write you a letter to identify the issues. OTHER ISSUES Councilman Tucker-Regarding sale of Cemetery Property-will that move along? Supervisor Champagne-Received a call from Mark LeVack and he indicated that the plaza was interested in that twenty thousand dollars so it looks like that will move forward now and I have asked Bob Hafner to contact the plaza attorney to put language together. . . they are asking to have it rezoned if the sale goes thorough, to commercial. . . 8.0 ATTORNEY MATTERS Town Counsel Schachner-One piece of correspondence from Brien Fear District Director of the New York State Dept. of Health re: Salvador Holding Tank Application ... it is the Department of Health's determination that it is non jurisdictional to that department. Coordinated Assessment Agreement with the City of Glens Falls, you have received copies of the draft that has also been sent to the City and they are proposing to review it at their Common Council Meeting this coming Thursday night. 9.0 OPEN FORUM Mr. John Salvador-Re: Indian Ridge noted if the project changes it should do back thorough the process.. .Re: As an elected official I do not know that Mr. Naylor, Highway Supt. is an agent of the Town ... Re: Street Light at the intersection of Dunhams Bay Road, the intersection needs illumination it is in the public's interest and protection. Councilman Turner-I am awaiting a quote... Mr. Salvador-Re: Dunham's Bay Assoc. Meeting No. Qsby. Sewer Project minutes of meeting indicated, 'planning continues while the environmental impact statement is being completed' I submit that the purpose of the environmental impact statement is to set the pattern for the planning. Supervisor Champagne-That is wrong John, there is no planning going on. Mr. Salvador-Spoke about the costs of the projects... also spoke about future zoning plans for marinas will be by special permit... also noted that a letter sent to the Park Commission and the Town of Queensbury opposing jet ski rentals at the Dunhams Bay Lodge, I foiled the Park Commission for their comments.. . noted all the concerns outlined in the letter are under the Town of Queensbury's control. Dr. Hoffman-RE: Indian Ridge...I am very pleased at the conciliatory tone that Mr. Jones has taken and we will just be thrilled to try to work with him and reach some common ground. I think we do need to be realistic though our group has met with him in the past with several of their representatives in the past and we went in with high hopes and really the compromise that they were talking about at that time was really marginal you were talking about minimal decrease in density and so forth. So whether they are looking at the same sort of thing or whether they are looking at something more meaningful remains to be seen. Also, we have to be realistic that they would not be talking about compromise unless they felt that they had to. I think that the concern that they have is that the Town Board has already previously voted to rescind the resolution there were procedural problems and it was thrown out. But, certainly that is an incentive for them to try to reach a compromise, plus they have to go through the Planning Board and so forth. So, as in any negotiation leverage plays a role, we have to be realistic enough to understand that. In terms of the court decision I do want to clarify something which I think you probably understand but people looking at this may not, who are not familiar with the law involved and so, may not appreciate. The Court did not decide that an environmental impact statement was not necessary or not appropriate, they decided that the Appellate Court decided that the lower court had heard and substituting their judgment for the judgment of the Town Board. Now we may disagree with that but that was the decision, what that tells us is the Town Board have a tremendous amount of discretion in these types of issues. There are many situations where we have lived to regret decisions that government bodies have made the trash plant for example being one. But, I would say this is not analogous to the trash plant and at least one respect which is that this is not a fait accompli. The Town Board did have the wisdom to place certain restrictions on or certain conditions on the approvals. There was a PUD agreement which was never signed to my knowledge by either party, they have never received any approval from the Planning Board. Technically the property has not even been rezoned yet, because the rezoning was conditional on the signing of the PUD and the other approvals that were necessary. So, this is not a fait accompli and I think that we can and should look at some of the impacts of the project as slated because although they are talking about compromise, right now we are sitting with a one hundred ninety unit approved development which is a albatross which will be sitting over our heads as we attempt to reach an compromise, and that is a difficult burden to bear when you are trying to reach a compromise. Two years have passed since the original approvals. A lot of things have changed there has been a new school which is constructed immediately adjacent to the Indian Ridge property, a new bus garage, all the bathrooms in that school, there is a cafeteria with all the plumbing and wastewater that goes along with a cafeteria, all the traffic associated with that school. We have got extensive commercial development on Aviation and Quaker Road which potentially could change the traffic impact, furthermore we have got a potential tripling of the size of the Aviation Mall with potential significant major traffic impacts. In addition we have got the new bridge over the highway which alleviates the traffic around the northway but potentially could make the traffic in the Indian Ridge area significantly worse because all these people who for the last ten years have been avoiding Aviation Road because they could not get across the bridge are now going to use Aviation Road to get to work. So, I think you are going to see significant increases in traffic going by the important intersections that are adjacent to Aviation Road, adjacent to Indian Ridge. In addition there were many facts brought out at the Planning Board Meeting which followed the SEQRA approvals. Ranging from Hydrology studies to the simple fact that when we heard Mr. Levendowski's engineering assessment which way the water was flowing he relying very heavily on what the water level was in the wetland. We just simply pointed out the fact that the water level is dependent on where the beavers decide to build their dam and how low the water is at that particular, during that particular season. So, I think a lot of issues were brought up there, and then another absolute crucial issue is the traffic mitigation. The developer recommended certain traffic, the developers traffic consultant recommended certain traffic mitigation's the town actually did not follow any of those recommendations they came up with another plan, and Harza estimated a minimal improvement in level of service based on that plan, in addition to which it has not been done. So, again, proceeding along with an Indian Ridge Project or a similar project I think there are some fresh issues that need to be looked at again very carefully. Again, I mentioned that the comprehensive land use plan meeting that I am not attempting to draw a line in the sand at three acre zoning, but I would say before we jump in with you know whatever compromise, idea strikes our fancy we have got to look at what it means. If we take one acre zoning for example just as a possibility, how many units of housing does that equal, do we know the answer to that, how many developable acres are there that would flow into that one acre zone, what would be the traffic impact of those, of that number of houses, what kind of development would we be talking about all single family homes or are they still looking at a senior housing project which would have a different traffic impact, duplexes what is the impact on open space going to be? If they are going to be putting in a lot of townhouses you are going to have more open space if it is all going to be one acre lots you are going to have less open space. Those are all issues, it is not just a simple question of lets decide what the zoning should be, should be one acre, should be three acre, we need to look very carefully about all the implications of each one of those questions. Almost done. I think those are my main concerns, in terms of the sitting down with the developer, again, we are very happy to do that I certainly do not want to give the impression that my group, my self or my group or anyone else is trying to work out a secrete deal with the developer. We certainly want to have our input but ultimately any project that goes thorough and that is approved is going to have to go thorough the Town Board process, but recognizing that you guys are going to have to potentially make a stand and if necessary you may, it may be wise to consider using proper legal procedure rescinding the Indian Ridge prior approvals in order so that we can start with a fresh slate and not have this albatross hanging over our head and we can together try to put together the best possible development. Mr. Bob Vallaro-President of the Qsby. Bay Bridge Homeowners Association-Re: Walker Lane Noted that Mr. Naylor did a nice job of paving the road. The pavement is two inches higher than some of the driveways and some people are having problems bottoming out there, noted he contacted Mr. Naylor nothing he can do because he does not own any of the property, it is owned by BayBridge he cannot trespass on it... spoke to the Board on his research on the roadway disagrees with Mr. Naylor, regarding the size of the roadway. . . other potential problems if the road is fifty foot wide then the Schmerhorn boundary line as done by Tom Nace may be in question. Will sit down with Chris and get his feeling on this and then come back to the Town Board. Town Counsel Schachner-Reviewed for the Board the differences between acquisition of a road by use and designation of a town road by use. . . Highway Superintendent Paul H. Naylor-I thank you.... You have to look at this as the positions not as you personally. . . Mr. John Salvador-Re: Indian Ridge If there are any changes this should go through the process..noted his concerns regarding the ecology of Rush Pond. Re: Bay Bridge spoke to the Board regarding Highway Law Section 189... Re: Tourism tax... spoke about other counties rescinding their sales tax, what are we going to do to remain competitive ..spoke about bed taxes... Re: Americade spoke about obtaining a transient merchant market license. . . Warren County Supervisor Dennis Brower-Inform the public that there is a meeting at the County on Thursday evening, topic, how to raise county revenues. . . RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 436.98 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 Executive Session to discuss the following: contractual agreement, C&D Eng. Proposals, negotiations, contracts, and Nace Engineering resolutions. Duly adopted this 16th day of November, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 437.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. Duly adopted this 16th day of November, 1998 by the following vote: AYES; Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE TOWN OF QUEENSBURY UNIT OF THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) AND NEW CONTRACT RESOLUTION NO.: 438.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, on or about August 23rd, 1995, the Town of Queensbury (Town) entered into an Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) regarding employment of the Town's CSEA members, and WHEREAS, the Agreement terminated on December 31 st, 1997, but by its terms continued to remain in full force and effect until a new agreement could be finalized, and WHEREAS, the Town and the CSEA have negotiated terms for a new contract and an agreement has now been reached between the parties, and WHEREAS, a Memorandum of Agreement between the Town and the CSEA has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Memorandum of Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc., a copy of which is presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute a Union Contract revised to incorporate the terms of the Memorandum of Agreement and to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of November, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 439.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 16th day of November, 1998 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury