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1999-01-25 REGULAR TOWN BOARD MEETING JANUARY 25, 1999 7:00 P.M. MTG#3 RES#34-55 B.H. 3-4 BOARD MEMBERS PRESENT DEPUTY SUPERVISOR RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER BOARD MEMBERS ABSENT SUPERVISOR FRED CHAMPAGNE TOWN COUNSEL ROBERT HAFNER MARK SCHACHNER TOWN OFFICIALS HIGHWAY SUPERINTENDENT, P AUL NAYLOR DEPUTY HIGHWAY SUPERINTENDENT, RICK MISSITA WATER SUPERINTENDENT, RALPH VAN DUSEN EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND PLEDGE OF ALLEGIANCE LED BY DEPUTY SUPERVISOR MERRILL DEPUTY SUPERVISOR MERRILL-Opened meeting. Spoke to the board regarding changing the meeting dates of the next Regular Town Board Meeting. It was noted the following date for the Town Board meeting will be on February 10th, 1999, cancel February 1st and February 15th meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 34. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 25th day of January, 1999 by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker Noes: None Absent:Mr. Champagne DISCUSSION HELD - JOHN AND KATHLEEN SALVADOR SEWER VARIANCE - MR. SALVADOR PRESENT DEPUTY SUPERVISOR MERRILL-On December 21st, held a public hearing to review an application from the Salvador's for five variances from the Sewage Disposal Ordinance. Since then Chris Round and I met with Mr. and Mrs. Salvador to review the need and to review alternatives. I would like to invite Chris and the Salvador's to come up. Chris maybe you could summarize the Town Planning Board position on this. EXECUTIVE DIRECTOR, MR. ROUND-The applicant asked for five separate variances. At the last Town Board Meeting the message was sent from the board that they weren't comfortable with the number or the magnitude of the variances requested. We met with the Salvador's and the Salvador's think they can comply with several aspects of the Ordinance that they weren't previously in compliance with and have requested less relief from some of the aspects. What's on the prepare resolution is the applicant proposes to utilize a pre-cast or cast in place of reinforced concrete tank, also would like the opportunity to select fiberglass or polyethylene. The alternative materials are not allowed under our Ordinance, but there is a resolution on setting a public hearing to examine that as a modification to our Sewer and Sewage Disposal Ordinance. Just to repeat that is we're looking at alternative materials in lieu of concrete as a modification so that request would be consistent with potential future direction of our Ordinance. We're also looking at the applicant feels that it can utilize 500 gallons as minimum capacity, they requested 200 gallons previously, 2,000 is our minimum requirement. The 2,000 gallon volume is generated through a procedure the calculation is a single bedroom home to be pumped out every seven days of occupancy with utilizing traditional plumbing fixtures, etc. This facility will not have a shower or tub, therefore they feel they will generate less water so the 500 gallon capacity is consistent with the propose use of the facility. They also requested no field test be required for determination of the high seasonal groundwater because they have evidence through visual observations previously and the Town Engineer already felt that was a satisfactory affirmation the high groundwater. They previously requested that it be installed above grade or be installed inside the facility that they are proposing to construct they have agreed they will be able to install it below grade in conformance to our Ordinance. You should also have in front of you a letter from Dave Hatin who is the Administrator of the Sewage and Sewage Disposal Ordinance, basically reaffirms what I've just conveyed to you if you like to read that into the record. DEPUTY SUPERVISOR MERRILL-John do you have anything you like to add to this? MR. SALVADOR-Not at all. We're agreeable to those. We would think that the variance request number one remains, the draft resolution. Two would change from two hundred to five hundred that stays. Strike four and five. DEPUTY SUPERVISOR MERRILL-We have a resolution here that we have not introduced yet. THE FOLLOWING RESOLUTION WAS INTRODUCED. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCES FOR JOHN AND KATHLEEN SALVADOR RESOLUTION NO.: 3.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, John and Kathleen previously filed an application for five (5) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that variances be granted to allow: concrete holding tank; 1. a fiberglass, stainless steel (type 404) or equivalent septic tank rather than the required pre-cast reinforced 2.a minimum 200 gallon holding tank capacity rather than the required minimum 2,000 gallon holding tank capacity; 3. that no field test be required for determination of high seasonal groundwater as applicants state that this has already been determined; 4.that the holding tank be located within the perimeter of the hunting and fishing cabin rather than located 10' from a "dwelling" as required; and 5. that the holding tank be installed above grade (above 100 year flood level of 321.0' MSL) rather than below finished grade as required; and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on December 21st, 1998, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves, with conditions, the application of John and Kathleen Salvador for variances from the Sewage Disposal Ordinance to allow: La pre-cast or cast in place reinforced concrete, fiberglass or polyethelyne holding tank; 2.a minimum 500 gallon holding tank capacity rather than the required minimum 2,000 gallon holding tank capacity; 3. that no field test be required for determination of high seasonal groundwater as applicants state that this has already been determined; 4.that the holding tank be installed below finished grade; on property situated in the Town of Queensbury and bearing Tax Map No.: 4-1-11. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.4. 99 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER RESOLVED, that the Queensbury Board of Health adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 25th day of January, 1999, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner Noes: None Absent:Mr. Champagne CORRESPONDENCE NONE TOWN COUNCILMEN'S COMMITTEE REPORTS NONE OPEN FORUM (RESOLUTIONS) BARBARA BENNETT, QUEENSBURY-Questioned Resolution No. 5.5 Awarding Bid for Alum is this something they have been using or are they introducing? TOWN BOARD-They have been using. MRS. BENNETT-Questioned if it is in the same form? WATER SUPERINTENDENT, MR. VAN DUSEN-It is the same chemical they have been using for the last twenty years same supplier they have used for eighteen years. RESOLUTIONS RESOLUTION APPROVING PURCHASE OF NEW AMBULANCE BY BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 35.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have previously contracted for emergency protection services and are presently negotiating for a new 1999 Agreement for emergency protection services, and WHEREAS, the proposed Agreement for emergency protection services sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, past Agreement(s) for emergency protection services included similar terms and conditions with the same condition that the Squad not use the money placed in a "vehicles fund" without the prior approval of the Town Board of the Town of Queensbury, and WHEREAS, there currently is $70,436 in such Squad's "vehicles fund," and WHEREAS, the Squad wishes to purchase a new ambulance from Tyler Fire Equipment and Medtec Ambulance Corporation for the approximate total sum of $98, 136, and WHEREAS, the Town Board wishes to authorize the Squad's purchase of the new ambulance using the $70,436 currently in its "vehicles fund" from prior Agreements(s) with the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of one new ambulance for the approximate sum of $98, 136 by the Bay Ridge Rescue Squad, Inc., with the understanding that the Squad will use $15,000 in funds from a trade-in of its existing ambulance, $70,436 in available "vehicles funds" and $12,700 of its own funds toward the purchase, and BE IT FURTHER, RESOLVED, that, upon execution of a new Agreement between the Town and Squad for 1999 emergency protection services, the Town Board will consider reimbursing the Squad in the amount of $12,701 toward the cost of the ambulance purchase, as well as a portion of lettering and striping expenses. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish NOES None ABSENT: Mr. Champagne DISCUSSION HELD BEFORE VOTE: CONTROLLER, MR. HESS-Noted this purchase will be paid for in cash no debt is required so therefore no public hearing is required. It will be funded for the next several years without any increase in the Town's contribution toward vehicle replacement fund. COUNCILMAN TUCKER-Noted that he is not related to Connie Tucker a member of the squad. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _ OF 1999 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 ENTITLED, "SEWERS AND SEWAGE DISPOSAL" RESOLUTION NO. 36. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to consider adoption of Local Law No.: _ of 1999 to amend Queensbury Town Code Chapter 136 entitled, "Sewers and Sewage Disposal," which Local Law adds the specification that holding tanks may also be made of either fiberglass or polyethylene, and WHEREAS, this legislation is authorized in accordance with ~ 10 of New York State Municipal Home Rule Law and Article 16 of Town Law, and WHEREAS, the Town Board wishes to set a public hearing concerning the adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on February 10th, 1999, to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: , 1999, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 1999 in the manner provided by law. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker NOES None ABSENT: Mr. Champagne RESOLUTION AWARDING BID FOR PURCHASE OF ONE (1) 1998 OR NEWER SELF- PROPELLED BITUMINOUS PAVER RESOLUTION NO. 37. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town's Purchasing Agent duly advertised for bids for the purchase of one (1) 1998 or newer Self-Propelled Bituminous Paver (Rubber-Wheeled Type) which would also include a trade- in of one (1) 1983 PF 120 Blaw Knox Paver presently owned by the Town Highway Department, in accordance with previously submitted bid documents and specifications, and WHEREAS, Contractor Sales submitted the lowest responsible bid of $189,727 for the Paver (less trade-in value of 1983 Paver and also to include delivery and set up) and therefore the Town Highway Superintendent has recommended that the Town Board award the bid to Contractor Sales, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for one (1) 1998 or newer Self-Propelled Bituminous Paver (Rubber-Wheeled Type) which would also include a trade- in of one (1) 1983 PF 120 Blaw Knox Paver presently owned by the Town Highway Department to Contractor Sales for an amount not to exceed $189,727 to be paid for from the appropriate account. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION AWARDING BID FOR LIQUID ALUM FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO. 38. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Director of Purchasing for the Town of Queensbury duly advertised for the purchase of liquid alum as more specifically identified in bid documents and specifications previously submitted to the Queensbury Town Clerk, and WHEREAS, the Director of Purchasing received bids from two (2) companies and opened each bid on January 8th, 1999, and WHEREAS, Water Superintendent Ralph VanDusen reviewed the bids and has recommended that the Town award the bid to Holland Company, Inc., the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for liquid alum to Holland Company, Inc. for the amount of $192 per net ton, to be paid for from the appropriate Town Water Department account. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. TO EV ALUTE POSSIBLE WATER DISTRICT EXTENSIONS RESOLUTION NO.: 39.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury previously requested that Ralph VanDusen, Town Water Superintendent, obtain proposals for engineering services to evaluate possible water district extensions in the Jenkinsville, Lake Sunnyside and Glen Lake areas of the Town of Queensbury, and WHEREAS, Mr. VanDusen received and reviewed proposals from two engineering firms and has recommended that the Town Board engage the engineering services of C.T. Male Associates, P.C., for the lowest submitted proposal bid of $17,600, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the engagement of the services of C. T. Male Associates, P. C. to evaluate possible water district extensions in the Jenkinsville, Lake Sunnyside and Glen Lake areas of the Town of Queensbury such engineering services not to exceed the total lump sum amount of $17,600 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 Water Superintendent and/or Town Supervisor to execute any forms or agreements, in form approved by Town Counsel, necessary to effectuate this Resolution. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, NOES None ABSENT: Mr. Champagne DISCUSSION HELD BEFORE VOTE: COUNCILMAN MERRILL-Noted it would be appropriate to have a completion within so many days of signing of the contract, questioned what would be appropriate? WATER SUPERINTENDENT, MR. VAN DUSEN-It would be appropriate for them to report back to the board within six weeks. RESOLUTION AUTHORIZING HIRING OF TWO (2) FULL-TIME LABORERS TO WORK AT TOWN LANDFILL TRANSFER STATION RESOLUTION NO. 40. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Director of Solid Waste Facilities wishes to hire two (2) full-time Laborers to work at the Town Landfill/Transfer Station, and WHEREAS, the Director posted availability for the vacant full-time Laborer positions, reviewed resumes and interviewed interested candidates, and WHEREAS, the Director has made hiring recommendations to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Director of Solid Waste Facilities to hire Richard Paris, effective January 28th, 1999, and Chris Hammond, effective February 2nd, 1999, to the positions of Laborer, each subject to a six month probation period, and BE IT FURTHER, RESOLVED, that Mr. Paris and Mr. Hammond shall each be paid a salary of $11.43 per hour to be paid on a weekly basis from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of January, 1999 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING HIRING OF ONE (1) PART-TIME LABORER TO WORK AT TOWN LANDFILL TRANSFER STATION RESOLUTION NO. : 41. 99 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Director of Solid Waste Facilities wishes to hire a part-time Laborer to work at the Town Landfill/Transfer Station, and WHEREAS, the Director posted availability for the vacant part -time Laborer position, reviewed resumes and interviewed interested candidates, and WHEREAS, the Director has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Director of Solid Waste Facilities to hire Patrick Clark as a part-time Laborer to work at the Town Landfill/Transfer Station, subject to Mr. Clark receiving a valid driver's license and also subject to a six- month probation period from the date ofMr. Clark receiving a valid driver's license, and BE IT FURTHER, RESOLVED, that Mr. Clark shall be paid a salary of $9.88 per hour to be paid on a weekly basis from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTIES OWNED BY GUST AF MYHRBERG TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 42. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, GustafMyhrberg has submitted an application to the Queensbury Town Clerk's Office for rezoning of two (2) parcels of property 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 pursuant to ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for report and recommendation: APPLICATION OF TAX MAP NO'S: LOCATION OF PROPERTIES York APPLICATION FOR currently zoned SFR-20 to HC-IA Gustaf Myhrberg 108-1-30 and 108-1-29.2 Everts Avenue, Queensbury, New Rezoning of parcels and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish 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 25th day of January, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING SALE OF COMPUTER EQUIPMENT RESOLUTION NO.: 43.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by Memorandum dated January 6, 1999, William Shaw, Computer Technology Coordinator, has advised the Queensbury Town Board that certain Data General computer equipment previously used by the Town Comptroller's Office is obsolete and of little material value, and WHEREAS,~64(2-a) of the New York State Town Law provides that a Town may sell items that are no longer needed by the Town or are worn out or obsolete, and WHEREAS, Mr. Shaw offered to sell the antiquated equipment to several companies and Data Investors Corporation has made the sole offer to purchase the equipment for $200 and Data Investors Corporation will pay for shipping, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town's sale of obsolete Data General computer equipment to Data Investors Corporation for $200. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT 13TH ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO. 44. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct its 13th Annual Shamrock Shuffle Road Race as follows: SPONSOR EVENT: DATE PLACE: The Adirondack Runners Club 13 TH Annual Shamrock Shuffle Road Race Sunday, March 21st, 1999 Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club to conduct the 13th Annual Shamrock Shuffle Road Race partially within 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 25th day of January, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker NOES None ABSENT: Mr. Champagne RESOLUTION APPOINTING CHARLES MC NULTY TO ZONING BOARD OF APPEALS RESOLUTION NO. 45. 99 INTRODUCED BY: Mr. Theodore Turner 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, Brian Custer recently resigned from the Zoning Board and the Town Board wishes to appoint a replacement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Charles McNulty to serve as a member of the Queensbury Zoning Board of Appeals, such term to expire on December 31 st, 2003. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING INCREASE IN UMBRELLA LIABILITY INSURANCE COVERAGE FROM $5 MILLION TO $10 MILLION RESOLUTION NO.: 46.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury by Resolution No.: 8,99, appointed Cool Insuring Agency, Inc. as the Town's general insurance agent for 1999 and approved the Town's insurance coverage limits and payment of initial annual premiums for 1999 as set forth in as Memorandum from the Town Comptroller to Town Counsel dated December 30, 1998, and WHEREAS, the Town Comptroller and Town Counsel have recommended that the Town Board authorize increasing the Town's Umbrella Liability Insurance Coverage from $5 million to $10 million for an annual additional premium cost of $6,400, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes an increase in the Town's Umbrella Liability insurance coverage from $5 million to $10 million for an additional annual insurance premium cost of $6,400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller and/or Town Supervisor to prepare any necessary applications or forms and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner NOES None ABSENT: Mr. Champagne RESOLUTION REFERRING NAOMI POLITO'S APPLICATION FOR TRANSIENT MERCHANTITRANSIENT MERCHANT MARKET TO THE TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO.: 47.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Naomi Polito has applied to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 7th, 1999 through June 13th, 1999 to sell motorcycle products in the parking lot located at 1652 State Route 9, Queensbury, and WHEREAS, in accordance with Queensbury Town Code Chapter 160, the Town Board must refer the application to the Town's Planning Board for site plan review, and WHEREAS, following the Planning Board's recommendation, the Town Board will review the application and take any other necessary action, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to forward Naomi Polito's application for a Transient Merchant/Transient Merchant Market License as referenced above to the Queensbury Planning Board for site plan review and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish to be lead agency for SEQRA review of this project and directs that the Department of Community Development notify any involved agencies of this designation. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish NOES None ABSENT: Mr. Champagne RESOLUTION SUPPORTING GRANT APPLICATIONS BY FRIENDS OF MOREAU LAKE STATE PARK RESOLUTION NO.: 48.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Friends of Moreau Lake State Park is an organization dedicated to the development and program expansion of Moreau Lake State Park, and WHEREAS, residents of the Town of Queensbury enjoy use of Moreau Lake State Park and the Queensbury Town Board recently appointed three Town residents to participate in public informationlscoping meetings concerning the Draft Master PlanlDraft Environmental Impact Statement of the proposed Spier Falls Addition to the Moreau Lake State Park, and WHEREAS, the Friends of Moreau Lake State Park are applying for two legislative grants, one in the amount of $5,000 to expand programming in the Park and one in the amount of $20,000 to conduct an ecological study concerning preparation of a Master Plan for the proposed Spier Falls Addition to the Park, and WHEREAS, Friends of Moreau Lake State Park has requested letters of support for these legislative grants from surrounding communities, and WHEREAS, the Queensbury Town Board supports the Friends of Moreau Lake State Park legislative grant applications, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby expresses its support of the two legislative grant applications by the Friends of Moreau Lake State Park, one in the amount of $5,000 to expand programming in the Park and one in the amount of $20,000 to contract with an outside entity to conduct an ecological study of the area in connection with the development of a Master Plan and continuance of environmental education. Duly adopted this 25th day of January, 1999, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker NOES : None ABSENT: Mr. Champagne RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 49.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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: BUILDING AND GROUNDS: FROM: TO: $ AMOUNT: 01-1620-4300-0022 (Utilities) 01-5132-4300 (Utilities) 1,450. PARKS & RECREATION: FROM: TO: $ AMOUNT: 01-7020-1910 (Sr. Typist, FT) 01-7110-1460-0002 (Mechanic Overtime) 111. 01-7020-1340 (Rec. Spec. PT) 01-7110-1400 (Laborer A) 740. 01-7020-1340 (Rec. Spec. PT) 01-7110-1460 (Mechanic) 458. PARKS & RECREATION: FROM: TO: $ AMOUNT: 01-7020-1340 (Rec. Spec. PT) 01-7110-1470 (Working Foreman) 458. RECORDS MANAGEMENT: FROM: TO: $ AMOUNT: 01-1460-4400 (Misc. Contractual) 01-1460-1061-0002 (Records Clerk -Overtime) 106. TOWN CLERK: FROM: TO: $ AMOUNT: 01-1410-4030 (Postage) 01-1410-1880 (Sr. Clerk PT) 524. 01-1410-4420 (Codification Services) 01-1410-1880 (Sr. Clerk PT) 169. 01-1410-4220 (Training/Education) 01-1410-1190 (Town Clerk) 700. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8010-4080 (Zoning-Advertisement) 01-8020-4400 (Misc. Contractual) 500. HIGHWAY: FROM: TO: $ AMOUNT: 04-5110-1400 (Lab A) 04-5130-4400 (Misc. Contractual) 11,000. Duly adopted this 25th day of January, 1999, by the following vote: AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES : None ABSENT: Mr. Champagne RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 50.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Mr. Douglas Irish WHEREAS, certain Town Departments have requested fund transfers for the 1999 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1999 Town Budget be amended as follows: ASSESSOR: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1355-1165 15,000. (Shared Assessor-Glens Falls) CEMETERY: FROM: TO: $ AMOUNT: 02-8810-2899 (Misc. Cap. Const.) 02-8810-4070-0011 (Equip. Rep. & Maint. - Crematory) 1,500. HIGHWAY ADMINISTRATION: FROM: TO: $ AMOUNT: 01-5010-1070 (Clerk, P.T.) 01-5010-4155 2,000. (Temp. Per. Serv.) Duly adopted this 25th day of January, 1999, by the following vote: AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner NOES : None ABSENT: Mr. Champagne RESOLUTION SETTING PUBLIC HEARING ON EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 51. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, in accordance with (184 of Town Law, the Town Board of the Town of Queensbury may contract with an ambulance service certified or registered in accordance with Article 30 of the Public Health Law for general emergency ambulance service within the Town of Queensbury, and WHEREAS, the Town and Bay Ridge Rescue Squad, Inc., have negotiated terms for a new Agreement for general emergency ambulance services, and WHEREAS, ~184 of the Town Law and ~209(b) of the General Municipal Law require that the Town conduct a public hearing prior to entering into agreements for emergency ambulance service, and WHEREAS, the Town Board wishes to set a public hearing concerning the proposed 1999 Agreement between Bay Ridge Rescue Squad, Inc. and the Town of Queensbury, and WHEREAS, Bay Ridge Rescue Squad, Inc., has requested that the Town advance payment in the amount of $50,957 so that the Squad may meet their mortgage obligation and other cash needs, and WHEREAS, the Town Comptroller has reviewed the Rescue Squad's request and has requested that the Town Board authorize the advance payment, which will be applied to the Rescue Squad's Agreement payment due on January 20th, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall conduct a public hearing concerning the proposed new Agreement between the Town of Queensbury and Bay Ridge Rescue Squad, Inc. for emergency ambulance service for the Town of Queensbury on February 10th, 1999 at 7:00 p.rn., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the advance payment of $50,957 to the Bay Ridge Rescue Squad, Inc., to be applied to the Rescue Squad's payment due January 20th and the Town Board further authorizes and directs the Town Comptroller to make any and all necessary arrangements to advance this payment. Duly adopted this 25th day of January, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish NOES None ABSENT: Mr. Champagne OLD BUSINESS DEPUTY SUPERVISOR MERRILL-The Planning Department has received the final Environmental Impact Statement for the Cracker Barrel Project noting it does contain the response to many of the questions that have been raised regarding the project. It is available for review in the office extra copies to be available. Encourage people who are concerned to review this. Asked Mr. Round to comment of the public comment period. EXECUTIVE DIRECTOR, MR. ROUND-The public comment period was closed after the public hearing date. The FEIS they are obligated to respond to material issue that were raised during the public hearing. Received the FEIS there is not a minimum amount of time that's required for us to judge the document. It is at preliminary stage right now, have to review the document. Has indicated informally to the applicant that they need a minimum of two weeks to go through comments. Then will file upon acceptance of the document will file a Notice of Completion which has to be published, has to be put on the environmental notice bulletin. From there you have a minimum of ten days to file a Finding Statement the Finding Statement is the closure of that process. If you find that that the applicant has adequately addressed the environmental impacts associated with the project and you decide to move affirmatively with the application you file a Finding Statement which will define those mitigation measures that the Town and applicant have agreed to. Then you are able to move forward with the project. Anticipates that staff, Town Attorney will provide feedback to the applicant that there is insufficient information or will provide feedback to the Town Board that it is a satisfactory document in advance of the February 10th date. The best you could entertain a motion to say that it is complete and would publish a Notice of Completion on the tenth. CONTROLLER, MR. HESS-Spoke to the board regarding South Queensbury Fire Department purchase of fire truck. Thinks the board came away from the meeting understanding their wishes and the need for the piece of equipment. For this to move along they have price protection concerns with the manufacturer of the chassis and the truck, recommended the board to set a public hearing to entertain their request. The following resolution was introduced. RESOLUTION SETTING PUBLIC HEARING SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY REGARDING PURCHASE OF FIRE TRUCK RESOLUTION NO. 52. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner Resolved, the Town Board of the Town of Queensbury hereby sets a Public Hearing for February 10th, 1999 at 7:00 p.m. regarding purchase of Fire Truck for South Queensbury Volunteer Fire Company. Duly adopted this 25th day of January, 1999, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker Noes: None Absent:Mr. Champagne NEW BUSINESS BICYCLE BRIDGE WATER SUPERINTENDENT, MR. VAN DUSEN-Spoke to the board regarding the bicycle bridge. Warren County in extending the bike path across Quaker Road is going to be putting the bridge in the location of where the old railroad tracks were. Noted the Town happens to be one of the owners of a utility there, all the utilities were instructed by the County that it's time to move or protect our utilities, after research found this to be accurate. Took a look at the possibility of preparing a design, going out to bid, have a contractor come in and do the work that is necessary to protect the sewer line from the bridge abutment the cost estimate was in the range of $50,000 minimum for a project of that scope. We talked with the County, County engineers and contractor that seemed to be cost effective to try to have all the utilities gettogether and try to share some of the services of that contractor to minimize the cost to each utility. The contractor prepared an estimate based on the engineering we had given them of what our minimum requirements would be to protect the sewer line from the additional stress of the bridge sitting on top of it. The amount of the Change Order would be just under $28,000. For the mechanics of it to work technically the contractor works for the County the County would issue a Change Order pay the contractor then bill the Town of Queensbury back charges for that amount. Noted they don't have a lot of choice in the matter by far it is the most cost effective way for us to protect the sewer line. This would put a sleeve around the sewer line transfer any load that the bridge would impose off the sewer line onto the sleeve. If it ever becomes necessary to replace that sewer line you can do it without affecting the bridge the sleeve would allow us to take the old pipe out and push a new one through. At this point they are reviewing the engineering on it the County is planning on going ahead with that. Not sure from a legal standpoint whether we need to take any steps now or what's going to happen. COUNCILMAN TUCKER-Questioned if this would come out of the Quaker Road sewer fund? WATER SUPERINTENDENT, MR. VANDUSEN-Correct. COUNCILMAN TUCKER-Questioned if they have enough funds? WATER SUPERINTENDENT, MR. VAN DUSEN-Would propose to take it out of the operating budget for now if they have a great year that is all they will have to do if they don't have a great year there is more than adequate funds available in the fund balance toward the end of the year might have to go in and transfer from the fund balance back into the operating fund. Noted at this point asked the Attorney's to give them recommendation as to what they need to do. Asked if the board has to approve anything prior to doing this? TOWN COUNSEL, SCHACHNER-Noted it would be appropriate for the board to formally agree to this at some point prior to the expenditure. COUNCILMAN MERRILL-Recommended acting on this at the next meeting. TOWN WATER EXTENSIONS WATER SUPERINTENDENT, MR. VAN DUSEN-Spoke to the board regarding the widening of Main Street in West Glens Falls. One of the things that the board asked us to take a look at is if the project is going to be a reality is it time to take a look at creating a sewer district in that area that can serve the commercial area of Main Street from the City line maybe just west of the Northway, but also have the potential to extend beyond that potentially, even to Cary Park if it became necessary. In the process of soliciting engineering proposals to do a feasibility on creating the sewer district expecting to have prices in by the end of the week will forward information to board when he receives it. COUNCILMAN TUCKER-Noted he was under the impression it was going to go west of Cary Park. Questioned where Mr. Van Dusen got his direction from? WATER SUPERINTENDENT, MR. VANDUSEN-The road improvements were only going to be as far as the Northway and that it is cost effective to do this first phase can treat it as one project if the board wants. COUNCILMAN IRISH-Recommended broading the scope to include Cary Park. WATER SUPERINTENDENT, MR. VAN DUSEN-Noted he will asked them to break it down into two options. One would be to go just west eighty seven and the other option would be to continue out to Cary Park. OTHER ISSUES WATER SUPERINTENDENT, MR. VAN DUSEN-Spoke to the board regarding meter reading systems and the possible use of a radio read meter system for the Water Department. Asked the board for conceptual approval to go ahead and investigate this further to come back to the board with that information. Board in agreement. JOHN SALVADOR, QUEENSBURY -Questioned the moneys that the Town is allocating to be spent now for the bicycle bridge are they for engineering only? WATER SUPERINTENDENT, MR. VAN DUSEN- The engineering will be done in-house. The moneys that the Town will be spending will be the construction cost of doing the work. MR. SALVADOR-Asked for an explanation of how this process will be done. WATER SUPERINTENDENT, MR. VANDUSEN-To put a steel sleeve over the top that's down about thirteen feet in the ground. The ramp way going up the bridge the bottom of that support structure will be about six feet above the sewer line. MR. SALVADOR-It is excavation, back filling, they will put a foundation on top of this. WATER SUPERINTENDENT, MR. VANDUSEN-Correct. MR. SALVADOR-Questioned if Niagara Mohawk is paying for their cost? WATER SUPERINTENDENT, MR. VAN DUSEN- Yes. The total utility estimate is around $200,000, Telephone, Harron Cable, Niagara Mohawk gas, electric. MR. SALVADOR-Questioned if the Town has an easement for the sewer line? WATER SUPERINTENDENT, MR. VANDUSEN-The sewer line when it was installed was not within the Quaker Road right-a-way it was on private property that was held by the railroad. The railroad policy at the time was that they would not grant an easement they would lease that to you. One of the conditions of the lease were if they sold the property the lease was terminated and it was the new property owners option whether they renew the lease. COUNCILMAN IRISH-Introduced motion to create a position called Director of Finance. RESOLUTION TO CREATE DIRECTOR OF FINANCE POSITION RESOLUTION NO. 53. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION MOTION WITHDRAWN SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board finds that the position of Comptroller, for the Town of Queensbury, is a vital and necessary position, and WHEREAS, the Town Board realizes it is imperative that the Comptroller perform his or her duties without regard to political influences, and WHEREAS, the current town Comptroller has expressed an interest in a position that does not require appointment every two years, NOW, THEREFORE, BE IT RESOLVED, Town Board establishes the Office of Director of Finance, a non-competitive Civil Service position, to be governed by Civil Service Rules; BE IT FURTHER RESOLVED, That candidates for the position of Director of Finance must also be eligible to hold the title of Comptroller, and BE IT FURTHER, RESOLVED, the Director of Finance salary be $52,000 per year, with benefits being the same as those provided every other management position. Also the Director of Finance will be paid an annual stipend of $4,417.00 for performing the duties of Comptroller, in accordance with current payroll guidelines for the Town of Queensbury. The duties of Comptroller are assigned to the Director of Finance by appointment every two years. DISCUSSION HELD TOWN COUNSEL, MR. SCHACHNER-Understands the goal does not have a problem with the goal would have to evaluate the legality of it because there are constraints on delegation of certain types of duties under State Statue. There are also constraints on creation of new positions that sound too similar in some instances to existing positions. Recommended to the board that counsel have some time to look into this. COUNCILMAN IRISH-Withdrew motion. Bring back to board once counsel reviews this. COUNCILMAN TUCKER-Withdrew motion. COUNCILMAN IRISH-Spoke to the board regarding brochure received from Mrs. Hall regarding Exemption for Persons with Disabilities and Limited Incomes noting he has spoken with Ms. Otte regarding this matter. FERN HALL, QUEENSBURY-Here on behalf of her son noting he has been on Social Security permanent total disability since 1992 is 54 years old and does not qualify for any of the programs that are in place now. Asking board to look into matter to see if program could be offered to Queensbury residents. Has spoken to Ms. Otte regarding this noting she has received other calls concerning this. COUNCILMAN IRISH-Asked Attorney Hafner to look into what exactly the Town has to pass as far as resolution to have this take effect. COUNCILMAN MERRILL-Need to review this with school district. MRS. HALL-Understands if it has been passed by the State each local government has to pass it once they do you are automatically eligible if you can prove that you are qualified for it. COUNCILMAN IRISH-Hope to have an answer by the end of February. CONTROLLER, MR. HESS-Spoke to board regarding information sent to them asking the board to consider hiring a consultant to look into Worker Comp Coverage in evaluating where we are and where we are going to go in the future. Has expressed concerns regarding Warren County Workers Compo It is not an alarming concern, but if that was an arms length insurer would have a lot more financial information available to us. We have been in the program long enough that they need to find out where they are will need to make a long term commitment to program or decide that they need to look at alternatives. Has contacted Confirm Inc. noting he is the only totally independent insurance consultant in the Albany area that he was able to find. Preliminary proposal has been sent subject to negotiations, subject to closely defining the scope of work. Asked them to send a not to exceed proposal for cost. Asked the board if they looked it over or have any guidance? COUNCILMAN IRISH-Thinks it is a good idea. CONTROLLER, MR. HESS-Spoke to the board regarding the scope of work noting the scope of work is to look at our Workers Comp history. To evaluate our losses and experience, to determine what our experience would be in the commercial markets. To look at the reserves on our claims and the financial capacity of the self insurance plan that we're emolled in to see where it is going and to see what the trend and premiums might be. Also, to look at its lost control mechanisms that are in place this is one of the things we think we're not getting with self insurance that we might get with commercial insurance loss control, back to work programs to minimize the claims against Workers Compo He would go in and perform those functions to some degree and also do an evaluation for us if we decided to look at commercial coverage what our continuing exposure would be for old claims under the self insurance plan. Whatever direction we take in the future need to know why we're taking it at this point. COUNCILMAN IRISH-Questioned if the town would still have to pay the County a premium for old claims? CONTROLLER, MR. HESS-Need to find out how much they have reserved against old claims. Any losses above those reserve we would be responsible for. COUNCILMAN TUCKER-Questioned what Is the preliminary estimate amount? CONTROLLER, MR. HESS-Not to exceed $6,500. COUNCILMAN IRISH-It is a good idea. COUNCILMAN MERRILL-Would be appropriate to proceed to prepare a resolution. COUNCILMAN IRISH-Recommended asking counsel to find out what our responsibility is if we leave the program with regard to inadequate reserves on prior losses. CONTROLLER, MR. HESS-Spoke to the board regarding phone costs throughout the Town. The maintenance charges on equipment for the general funds the shared services, shared communication is around $9,000 through Lucient Technologies which expires December 31st, 1999, noting Lucient has no obligation to update the town Y2K to year 2000 compliance. Look at phones cost this year expect it to be around $82,000 looking to see if they can spend this wisely to bring cost down for next year. Sometime in March and the end of the year will be coming with a comprehensive justification for either staying where we are or making major changes as to equipment and service. COUNCILMAN MERRILL-Noted Town Board members have received a copy of the Glen Lake Watershed Management Plan prepared by the Glen Lake Watershed Technical Advisory Committee. Recommended copies be made available to the Planning Board and to the Zoning Board. There are specific recommendations concerning stormwater management which would be appropriate into the Town wide plan. EXECUTIVE DIRECTOR, MR. ROUND-Noted he had invited them to speak February 1st, to make a formal presentation to the board noting they will have to reschedule the presentation due to change in Town Board meeting. TOWN BOARD WORKSHOP NONE ATTORNEY MATTERS NONE OPEN FORUM 8:30 P.M. DENNIS BROWER, QUEENSBURY-Recommend Fred or Henry contact Lucient indicating to them if they ever want to do business with the Town they should make the Town Y2K compliant on what we got now. Noted his concern that the phone system doesn't meet the needs any change made is going to be very expensive. Spoke to the board regarding a DPW meeting held noting that the current CHIPS funding is expiring in March 2000. There is a great concern that the new funding mechanism maybe Federal dollars funneled to the State and then the State would then determine which municipalities would obtain that money. Noted on February 10th, at 10:00 a.m., in Washington County Workshop Session on this issue is going to be held. EXECUTIVE DIRECTOR, MR. ROUND-Noted he will be attending that meeting. GEORGE STEC, BUTLER POND ROAD, QUEENSBURY -Read into the record letter dated January 13th, 1999 (on file Town Clerk's Office) noting his concern regarding Traver Road and Butler Pond Roads being designated as part of the Warren County snowmobile trail system and the use of snowmobiles on town roads. Requested that the Town Board publicly bring notice via the news media to the public the fact that there is no legally designated town roads that are also designate snowmobile trails in Queensbury. That the Traver Road snowmobile trail be immediately posted to this fact and the parking lot at the intersection with Butler Pond Road be eliminated. (There are "NO" snowmobile signs available specifically for this road posting). That the Sheriff Department formally be requested to enforce the snowmobile law in the Town of Queensbury especially as it pertains to riding on public roads and using town roads as parking lots to unload and load their snowmobiles. Also request that a formal letter indicating what steps or procedures the town is immediately taking to fulfill his suggestions listed above be sent to him. Request a list of unplowed roads of the town highway over the last ten years. DEPUTY SUPERVISOR MERRILL-Mr. Champagne has received letter he has reviewed it with Attorney, referred to Town Counsel. TOWN COUNSEL, MR. SCHACHNER-It has been mentioned looking into some aspect of it. Other aspect of it deal with private enforcement issue as far as private property. MR. STEC-Recommended advertising this in the Queensbury Newsletter. COUNCILMAN TUCKER-Asked Counsel what Mr. Champagne has directed him to look at? TOWN COUNSEL, MR. SCHACHNER-Thought he asked us to look into whether there was any town jurisdiction over this issue in reference to Mr. Stec's letter. Thinks largely is not really a town issue its largely a private issue, Warren County Sheriff enforcement issue, City of Glens Falls enforcement issue. COUNCILMAN IRISH-Read from Town Code Section 168-3. DEPUTY HIGHWAY SUPERINTENDENT, MR. MISSITA-Noted if signs are not posted they cannot ride snowmobiles on the road. MR. STEC-Noted either the Town has an Ordinance regarding snowmobiles or it doesn't. COUNCILMAN IRISH-The Ordinance was adopted February 10, 1996 as Ordinance No. 43, noted it doesn't have a lot of detail. It does says 168-4, The Supervisor of the Town or the Chief of Police is designated hereby authorized at any time to close any street or part thereof in the Town of Queensbury to the operation of snowmobiles which operation in his judgment may constitute a safety or health hazard. TOWN COUNSEL, MR. SCHACHNER-Generally those provisions are interpreted to mean can close any of the ones on which the activity is allowed. Noted what he thinks he is hearing is we only have a portion of one on which the activity is even allowed to begin with. That language would tend to indicate that even on that portion the Supervisor or Chief of Police has the discretion to close that portion if they feel that there is a problem with it. MR. STEC- The junction of Traver Road and Butler Pond Road is plowed that is a town road intersection it is being used as a parking lot doesn't see how the Town could allow this to be plowed. COUNCILMAN IRISH-Questioned if it is plowed as a Town road or a parking lot? HIGHWAY SUPERINTENDENT, MR. NAYLOR-Noted he plows it. COUNCILMAN IRISH-As a Town road or parking lot? HIGHWAY SUPERINTENDENT, MR. NAYLOR-As a Town road. The Supervisor asked him to plow it and he plowed it. COUNCILMAN IRISH-Noted in Queensbury there is an Ordinance designated for no parking on a highway. DEPUTY SUPERVISOR MERRILL-Will try to clarify the legal position and try to see what they can do in terms of education to the public in terms of an ad, newspaper, etc. JOHN SALVADOR, QUEENSBURY -Read into the record letter dated January 25th, 1999 (on file Town Clerk's Office) regarding Dedication of Land (Tax Parcel 145.-1-4 Partial Dedication) Dedication from Carl R & Barbara W. DeSantis a 7.87 parcel of land adjacent to the Hudson River park. DEPUTY SUPERVISOR MERRILL-Would like to refer this to counsel for his review. BARBARA BENNETT -Spoke to the board regarding change of meeting dates for February. DEPUTY SUPERVISOR MERRILL-Noted one meeting will be held on the tenth of February. RESOLUTION CHANGING REGULAR TOWN BOARD MEETING DATES RESOLUTION NO. 53. 99 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 cancels its Regular Town Board Meetings for February 1st, and 15th and reschedules its Regular Meeting for February 10th, 1999. Duly adopted this 25th day of February, 1999, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill Noes: None AbsentMr. Champagne MRS. BENNETT -Questioned who has jurisdiction over the new traffic light located at Lowe's? TOWN BOARD-Not sure if they have accepted it. MRS. BENNETT-Noted there is a long stop at the red light asked when they will be adjusting it. COUNCILMAN IRISH-Noted he thinks that's why they wanted to run it through for a few weeks before they determine what the sequencing should be because it has to be timed with the light at Quaker and Bay. MR. BROWER-Questioned if the consultant would be evaluating the current setup with the County and what the future looks like or will it be the Town going out to a private insurer without the other analysis? CONTROLLER, MR. HESS-Not predetermined that they should be going out to a private insurer want to look at the relationship and the future costs, trends for the County and then find out if there is another alternatives. MR. BROWER-Noted if Queensbury were to pull out it might jeopardize the self insurance system. CONTROLLER, MR. HESS-Noted they are not predetermined to move, but maybe they can identify some areas of improvement. DEPUTY SUPERVISOR MERRILL-Noted this is to gain an understanding on how the process works and what the risks and liabilities are. COUNCILMAN TUCKER-If the County system is working will try not to fix it. MR. BROWER-Spoke to the board regarding residents picking up sand for winter use. Asked the board to advertise this in the paper regarding the location of sites so residents of Queensbury will know where they can obtain sand. MR. SALVADOR-Spoke to the board regarding NYMIR noted that Ron Montesi of the County Board of Supervisors is on an Advisory Board of the same firm. MR. BROWER-Noted he has resigned. COUNCILMAN IRISH-Noted he spoke to NYMIR last year at the Association of Towns they told him at that point they couldn't touch the premiums that we were paying. MR. SALVADOR-Questioned the status of the street light at the intersection of Dunham Bay Road and Route 9L? COUNCILMAN TURNER-Hasn't received a quote on it yet. COUNCILMAN MERRILL-Was given a pole number and found that it wasn't near any intersection doesn't see a purpose in the light. MR. SALVADOR-If you take the pole number suggested it will light the intersection and it will be a symmetrical layout with two lights that are already on the roadway. COUNCILMAN TURNER-Noted Mr. Salvador's neighbor John Schriner does not want the light. COUNCILMAN IRISH-Questioned if this would be part of the district? COUNCILMAN TURNER-There is no district there. COUNCILMAN TUCKER-Questioned what the Highway Law says? COUNCILMAN TURNER-Usually at an intersection. COUNCILMAN TUCKER-Noted to do this would have to set a pole. MR. SAL V ADOR- Then let's do that. Questioned isn't it the Town policy to light the intersection of a town road? COUNCILMAN TURNER-No, noted it is a State road. There is no policy the policy has to be requested from the public or whoever and it's up to the Town Board to decide whether they want to put the light there. MR. SALVADOR-Noted the citizen that does not want the light is not a resident is seasonal. Requesting the light at the intersection of Dunham Bay Road and 9L because he believes it is a dangerous intersection without it at night. COUNCILMAN TURNER-To take a look at it. MR. SALVADOR-Noted they would like a light similar to the ones installed on Big Boom Road. COUNCILMAN TURNER-The power of the light is usually based on what's already exists on the highway. MR. SALVADOR-Don't want the one that is similar to what is located at the intersection of Bay Road and 9L. MR. SALVADOR-Asked the status of the stormwater management program for Dunham Bay Road? DEPUTY SUPERVISOR MERRILL-Waiting for a report from Tom Nace. MR. SALVADOR-Spoke to the board regarding the Lake George Park Commission Meeting being held tomorrow on the agenda is a report concerning the Stormwater Ad... Committees. Questioned the status of the Stormwater Plan? EXECUTIVE DIRECTOR, MR. ROUND-The Queensbury Stormwater Management Plan will be in front of the board February 10th for approval so we can approve it and forward it to the Park Commission for their approval. Then we can adopt the Stormwater Management Plan the next step would be drafting of a Stormwater Water Management Ordinance a local law to govern stormwater discharge. Noted a project manual should be forth coming. The Park Commission is having a meeting at the Holiday Inn. MR. SALVADOR-Questioned if this plan will include North Queensbury? EXECUTIVE DIRECTOR, MR. ROUND-Yes. MR. SAL V ADOR- There is just one plan for the Town and are expecting the Park Commission to accept that? EXECUTIVE DIRECTOR, MR. ROUND-Correct. DISCUSSION HELD Discussion held regarding personnel clothing practice. Controller, Mr. Hess noted he would like to look at it first to make sure there is enough justification. After further discussion it was recommended that Executive Director Mr. Round provide copies of correspondence regarding this matter to board members. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 54. 99 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 from Regular Session and moves into Executive Session to discuss personnel, contractual issues, court employees wages, drainage Queensbury Forest. Duly adopted this 25th day of January, 1999, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner Noes: None AbsentMr. Champagne RESOLUTION ADJOURNING EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 55. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 25th day of January, 1999, by the following vote: Ayes: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish Noes: None AbsentMr. Champagne On motion, the meeting was adjourned. Respectfully, Submitted, Darleen M. Dougher Town Clerk Town of Queensbury