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1999-04-05 REGULAR TOWN BOARD MEETING APRIL 5,1999 7:00 P.M. MTG #7 RES. 98-125 B.O.H. 11-12 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL Mark Schachner TOWN OFFICIALS Paul Naylor, Highway Superintendent Rick Missita, Deputy Highway Superintendent Harry Hansen, Director of Parks & Recreation Chris Round, Executive Director of Community Development Ralph VanDusen, Water & Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent Bruce Ostrander, Deputy Water Superintendent Henry Hess, Controller Dennis Brower, Warren County Board of Supervisor PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE Supervisor Champagne called meeting to order.... Town Board conducted the EMPLOYEE RECOGNITION PRESENT A TION RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 98, 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 5th day of April, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEPTIC VARIANCE APPLICATION OF FRANCIS KOENIG BOARD OF HEALTH RESOLUTION NO.: 11, 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Francis Koenig has applied to the Local Board of Health for a variance from Chapter 136 to allow his holding tank (previously authorized by Local Board of Health Resolution No.: 10.97) to be located thirty feet (30') from his well in lieu of the required fifty feet (50') setback, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on April 19th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Francis Koenig's septic variance application concerning his property situated on Hanneford Road, Queensbury and bearing Tax Map No.: Section 19, Block 1, Lot 13 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the Mr. Koenig's property as required by law. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING THE QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH OF RESOLUTION NO. 12,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Board of Health of the Town of Queensbury hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 5th day of April, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None QUEENSBURY TOWN BOARD 2.0 PUBLIC HEARING - Extension NO.4 to the Central Queensbury Quaker Road Sewer Dist. NOTICE SHOWN 7:10 P.M. MR. TOM LEWIS, Representative of Stewarts-A Stewart Shop at the northeast corner of Bay and Cronin, over here with a rental unit over here. Our shop will be twenty-five hundred square feet. The bank that we have under lease now will be here, it's a drive through. A nice larger lot then we're usually able to buy. Nice internal circulation out this way, out this way, lots of room, lots of parking, lots of green space and we paid lots of money for the land. We're in the HC-IA zone, we're going to subdivide one point three, three acres out of a larger piece that I think is about seven and a half acres. We have received site plan approval. We're asking to extend a sewer line two hundred and sixty feet from about here all the way up along to here. Stewarts' needs are only for about sixty feet. The Town of Queensbury has asked us to go an additional two hundred feet. We estimate the cost of the sixty feet we would need at about seven thousand dollars. The additional two hundred feet that the town is asking for at twenty-two thousand dollars, it is my understanding, if I got this right from our engineer that the town has agreed to reinburse ten thousand of the proposed twenty-nine thousand. Let me add that if our costs are under what we thought, we would ask the town for less then that. We're very careful about taxpayer money. I think that's it. SUPERVISOR CHAMP AGNE- Thank you, Tom. With that said, Mike or Ralph, is there anything more you want to add before we get into the public discussion? MR. RALPH VANDUSEN, Water & Wastewater Superintendent-Just to make it clear, this will be Cronin Road along the bottom here and that's the current boundary of the sewer district and what's being asked is just an extension of the sewer district to be able to supply this piece of property with sewage. So it's just an extension to the Quaker Road Sewer District. SUPERVISOR CHAMPAGNE-Okay, open for discussion. Anyone from the public care to speak, for or against, pro, con? Where can you go and get that kind of climate? UNKNOWN-Queensbury. SUPERVISOR CHAMP AGNE- There you go. I guess I would just like to make a couple of comments. One is, we've been talking to Stewarts now going on maybe two and a half, three months and a request to extend that sewer larger enough to accommodate the line that would continue on up Bay. For those of you that have been around for half as long as I have you're well aware of the fact that Bay Road ultimately and eventually has got to have sewers and every estimate and I know Mr. Salvador, you've been watching this rather closely over the years yourself but every estimate that we've been able to come back with has been at a cost far exceeding that which we could be approved by the state in order to accommodate the homeowner. I mean we've been up in that twelve hundred, fourteen hundred dollar range for tax base in order to support the sewer. I've got to tell you, Stewarts came through loud and clear stating very emphatically that they were more then willing to do this at their cost with the ten thousand dollar reimbursement back from the town once it's in and functioning. So, I think it's a great move and I just want to say thank you very much Mr. Dake? and whoever was also instrumental in getting this to work for the Town of Queensbury. But it's a great start, we see things hopefully continuing on up through the rock ledge and through wetlands there in order to eliminate some of the serious problems that we've had with septic tanks in and around that area. So, I don't know if the board has anything more they want to say but that's where I'm coming from and that's well done. MR. JOHN SALVADOR-Just one question. Is the extension of the sewer district based on gravity sewers? SUPERVISOR CHAMPAGNE-At this point, it is. COUNCILMAN TURNER-Yea, yea. MR. SALVADOR-Are you sure that's the most cost effective approach to the total solution of Bay Road? SUPERVISOR CHAMPAGNE-What's, what's, you got a better idea? I know you do but tell us again. Okay. COUNCILMAN TUCKER-Fred? Eventually the sewer district will be returning the ten thousand to the general fund? SUPERVISOR CHAMPAGNE-Yes. Yea, we checked that out and it's legal to do that and that's the way it will happen. COUNCILMAN TUCKER-Okay. SUPERVISOR CHAMPAGNE-Anything else from the public? Close the public hearing. PUBLIC HEARING CLOSED 7:15 P.M. Executive Director, Chris Round lead the board through the Short EAF: A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in C l-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NONE D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO The following resolution was proposed: RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING EXTENSION NO.4 TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 99, 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury is considering the approval and authorization of an extension to the Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker Road Sewer District Extension No.4, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form and thoroughly analyzing the action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING EXTENSION NO.4 TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 100, 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker Road Sewer District Extension No.4, and WHEREAS, Stewart's Shops (the "Developer") has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, based on the recommendation of the Town of Queensbury's Director of Wastewater, the Town Board has requested that the Developer install excess capacity as part of the improvements to accommodate future growth in the area, where the cost of such excess capacity in the amount of $10,000 will be paid by the Town's General Fund, to be reimbursed when later development occurs, and WHEREAS, a Map, Plan and Report has been prepared by Lawrence H. Rutland, Jr., P.E., an Engineer licensed by the State of New York, regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve a Stewart's Shop to be located at the corner of Bay and Cronin Roads in the Town of Queensbury, such area consisting of a parcel bearing Tax Map No.: 60-2- 11.1 as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system., a report of the proposed sewer system and method of operation, and WHEREAS, on March 15th, 1999, subsequent to the filing of the Plan with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District; (h) that all the expenses of the district, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on April 5th, 1999 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board of the Town of Queensbury wishes to establish the proposed Sewer Extension as detailed in the Map, Plan and Report pursuant to Town Law, Article 12A, and consolidate the Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law ~206-a, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that: l.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; l.All property and property owners within the extension are benefitted thereby; l.All property and property owners benefited are included within the limits of the extension; l.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension NO.4 to the existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk as more specifically described as follows: All that piece or parcel ofland situate, lying and being in the Town of Queensbury, County of Warren and State of New York being bounded and described as follows: Beginning at a point marked by an iron pin at the intersection of the east bounds of Bay Road (Warren County Route 7) with the north bounds of Cronin Road, said point being the southwesterly corner of lands of the grantors herein, Roger and Barbara Brassel, and the southwesterly corner of the parcel herein described; running thence along said east bounds of Bay Road the following three courses: N04043' 50"E 74.17'toanironpin; S 81024' 10" E 10.00' to a capped iron pin; N 060 12' 40" E 120.10' to a capped iron pin set; thence leaving said bounds of Bay Road and running through lands of Brassel S 84006' 28" E 284.03' to a capped iron pin set on the west bounds of lands of JBJ Queensbury, LLC; running thence along said west bounds of lands of JBJ Queensbury, Inc. S 050 53' 33" W 207.42' to a capped iron pin set on the aforementioned north bounds of Cronin Road; running thence along said north bounds of Cronin Road N 81026' 40" W 293.50' to the point and place of beginning. Containing 1.327 acres ofland. 5. In accordance with ~206-a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended; 1. In accordance with (192-a of Town Law, the Town Board hereby authorizes its General Fund to reimburse the Developer the amount of $10,000 as the estimated additional cost to the Developer to install a sewer line that will meet not only the Developer's needs, but will also meet the needs caused by future growth along the Bay Road corridor. The General Fund shall reimburse the Developer such amount when the portion of the sewer line designated for future use is put into operation and the project is completed satisfactorily to the Town; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Central Queensbury Quaker Road Sewer District Extension NO.4 in accordance with the boundaries and descriptions set forth herein and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 1. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; I.A permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; 1. The adoption of a Final Order by the Town Board of the Town of Queensbury; 1. The execution of an Agreement concerning the extension in form acceptable to Town Counsel; and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided by the provisions of Article 7 and Article 12-A of the Town Law of the State of New York and the Town Clerk is hereby authorized and directed to file, post, and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None 3.0 CORRESPONDENCE Deputy Town Clerk Barber read the following letter into the record: Dear Fred, I have done four different projects in the last three our four years at my home, and I want you to know the Building and Codes Department was the best at getting me through these projects, especially Dave Hatin. Dave helped me with building plans and written forms, always returned my phone calls, and came to my home when I needed help. Please let Dave and his staff know I greatly appreciate all the help and guidance that was given me. Sincerely, JoAnne Hunt 415 Luzerne Road Queensbury, NY 12804 4.0 COMMITTEE REPORTS Councilman Turner referred to Highway Committee meeting of March 16th, noting that discussion was held on the following issues; Cronin Road drainage, we have the plans and material list present which we'll be discussing later... Dineen Road, Tom Nace will have the final plans for the board to review by April 12th ... Dunham's Bay Road, waiting for a decision on the grant application for funding, Queensbury Forest, the meeting with the residents has been postponed and Mr. Nace will be meeting with them individually and is also planning to meet with Fred Danti?, the geologist and will have recommendation by the 15th of April for the Highway Committee. 5.0 OPEN FORUM (RESOLUTIONS) 7:23 P.M. Barbara Bennett, Queensbury questioned the purpose of resolutions 6.9 and 6.10. Henry Hess, Controller noted, this is actually a program decrease in ad valorem rates... what we're saying is, we don't know what's going to happen in the future but with all things being equal, what we've done here in the formula is identified a target to lower water rates by, despite what happens in the future and the plan we've established will lower the water rates within a five year period, it will lower it by the amount of that target amount... the resources became available as a result of refinancing. So it's a really good plan, over a five year period it's a real benefit, thirty-three percent tax decrease. John Strough, Queensbury referred to resolution 6.16, supporting the three lane highway and questioned whether the board would include also the support of an overlay plan that dictates setbacks so that future development not hinder the likelihood of future widening of the Corinth Road corridor. Councilman Tucker noted, there's one already in place, seventy-five feet on each side of the road and has been in place for six years. Dennis Brower, Queensbury referred to the same topic and recommending adding the support of underground electric and the sewer extension. Councilman Tucker noted, that it's already there. Supervisor Champagne noted, there's a whole slew of things that need to be brought into the scene but I think that's going to come down the road. Councilman Tucker-The sewer and the water is a town program and I was told by the Chairman of the Board of Supervisors that all the power on the Corinth Road is in the county right -of-way and they have a right to request that it be put underground. 6.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO. 101,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Highway Superintendent has prepared a list of stop signs located by and within the Town of Queensbury and has requested that the Queensbury Town Board adopt, authorize and reaffirm this list as the 554 stop signs listed as part of Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York, and WHEREAS, the Town Board wishes to consider adopting, authorizing and reaffirming this list of stop signs prepared by the Town Highway Superintendent by amending Town Ordinance No. 28, and WHEREAS, the list of stop signs has been incorporated into the form of an Amendment to Ordinance No. 28 and is presented at this meeting, and WHEREAS, the Town Board wishes to set a public hearing concerning this Amendment to Ordinance No. 28, 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 April 19th, 1999 to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any necessary action provided by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None DISCUSSION BEFORE VOTE: Councilman Turner noted that the list refers to Meadowbrook Road at Cronin Road with one sign and should be four signs because it's a four way stop... Highway Superintendent agreed and board amended list... vote taken. RESOLUTION AUTHORIZING JAMES COUGHLIN TO CARRY OVER TEN UNUSED DAYS OF VACATION TIME RESOLUTION NO.: 102,99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, James Coughlin, Solid Waste Facilities Operator, has requested Town Board approval to carry over ten (10) vacation days beyond his May 16th employment anniversary date, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes James Coughlin to carry over ten (10) vacation days, such vacation days to be utilized prior to December 31, 1999. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None DISCUSSION BEFORE VOTE: Supervisor Champagne would like to recommend the board consider putting in place a policy dealing with this issue... vote taken. RESOLUTION AUTHORIZING HIRING OF LEE CUTTER AS PART-TIME LABORER TO WORK AT TOWN LANDFILL/TRANSFER STATION RESOLUTION NO. 103, 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill Councilman Tucker requested to hold resolution for discussion in executive session... board agreed and Councilman Turner and Councilman Merrill withdrew their motions. RESOLUTION HIRING TEMPORARY DATA COLLECTOR IN TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 103,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Queensbury Town Assessor has requested the employment of a temporary, part- time Data Collector in the Town Assessor's Office for an approximate time period of six (6) months, and WHEREAS, the Town Board of the Town of Queensbury has considered the Assessor's request and agrees that such temporary employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the hiring of Howard Bluege as a part -time, temporary employee in the position of Data Collector at the rate of $12 per hour to be paid from the appropriate payroll account, not to exceed 24 hours per week effective April 6th, 1999, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Controller's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR TV INSPECTION AND CLEANING OF SANITARY SEWER MAINS RESOLUTION NO.: 104,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures which require that any purchase in an amount of $5,000 or greater up to New York State bidding limits must be approved by the Town Board, and WHEREAS, the Director of Wastewater solicited proposals for the TV inspection and cleaning of sanitary sewer mains in the Town of Queensbury and has requested Town Board authorization to engage the services ofM. Caputo & Associates, Inc., the lowest bidder, for an amount not to exceed $17,900, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the engagement of the services of M. Caputo & Associates, Inc. for the TV inspection and cleaning of sanitary sewer mains in the Town of Queensbury for an amount not to exceed $17,900 to be paid for from the following accounts: 1. 034-8120-4400 1. 030-8120-2899 1. 031-1990-4400 1. 033-8120-4400 1. 032-8120-4400 $ 2,400 $ 2,200 $ 1,200 $ 1,500 $10,600 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Wastewater to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION REFERRING APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET FOR TERRY ROBBINS ON BEHALF OF DEXTER SHOES TO TOWN PLANNING BOARD RESOLUTION NO.: 105,99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Terry Robbins, on behalf of Dexter Shoes, has applied to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 9th through June 12th, 1999 to display 3-wheel conversions for motorcycles in the parking lot located at 1499 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 Terry Robbins' 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 other involved agencies of this designation. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 106,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker 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: TRAFFIC CONTROL: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency -Contr. ) 01-3310-4720 (Consultants) 21,975. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 107,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker 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: BUILDING AND GROUNDS: FROM: TO: $ AMOUNT: 01-1910-4400 (Insur. Contractual) 01-1820-4400-24 (Town Court) 672. CEMETERY-CREMATORY: FROM: TO: $ AMOUNT: 02-8810-2899 (Misc. Capital Cons.) 02-8810-4400-11 (Contractual) 2,900. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO.: 98 - WATER TREATMENT PLANT EXPANSION RESOLUTION NO.: 108,99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, in 1998 the Town of Queensbury completed its Water Treatment Plant Expansion project and all relevant expenditures have been paid, and WHEREAS, the final accounting now shows that there is approximately $1.6 million remaining in the Capital Project Fund No. 98 - Water Treatment Plant Expansion, and WHEREAS, the Town Board of the Town of Queensbury wishes to close Capital Project Fund No. 98 - Water Treatment Plant Expansion as of December 31st, 1998 and transfer the remaining fund balance to the Queensbury Consolidated Water District, Fund No. 40, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to close Capital Project Fund No. 98 - Water Treatment Plant Expansion, transfer the remaining fund balance to the Queensbury Consolidated Water District, Fund No. 40 effective December 31 st, 1998 and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION DESIGNATING FUND BALANCE FOR WATER T AX RATE CORRECTION PLAN AND EST ABLISHING WATER T AX RATE CORRECTION PLAN RESOLUTION NO.: 109,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury wishes to correct the allocation of operational costs in the Queensbury Water District by establishing a tax rate correction plan, and WHEREAS, the Town of Queensbury closed the Water Treatment Plant Expansion Capital Project and transferred the remaining balance to the Queensbury Consolidated Water District effective December 31st, 1998, and WHEREAS, the fund balance transferred was approximately $1.6 million, and WHEREAS, the Town Board wishes to designate $1,125,000 of the transferred fund balance effective December 31 st, 1998 for the tax rate correction plan, a copy of which is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby officially establishes the Town of Queensbury Consolidated Water District Tax Rate Correction Plan, as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to designate $1,125,000 of the transferred fund balance to implement a tax rate correction plan for the Queensbury Consolidated Water District effective December 31 st, 1998 and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO.: 92 - LANDFILL CLOSURE PROJECT RESOLUTION NO.: 110,99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury has completed the closure and capping of the Town of Queensbury Landfill located on Ridge Road in Queensbury and all relevant expenditures have been paid, and WHEREAS, the final accounting now shows that there is approximately $1.3 million remaining in the Capital Project Fund No. 92 - Landfill Closure Project, and WHEREAS, the Town Board of the Town of Queensbury wishes to close Capital Project Fund No. 92 - Landfill Closure Project as of December 31st, 1998 and transfer the remaining fund balance to the Landfill Closure Reserve, Fund No. 63, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to close Capital Project Fund No. 92 - Landfill Closure Project, transfer the remaining fund balance to the Landfill Closure Reserve, Fund No. 63 effective December 31st, 1998 and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION DESIGNATING FUND BALANCE FOR FUTURE LANDFILL CLOSURE LIABILITY AND EXPENDITURE RESOLUTION NO.: 111,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury wishes to reserve and designate fund balance for future testing and maintenance costs and quick response remediation for the Town of Queensbury's closed Landfill located on Ridge Road in the Town of Queensbury, and WHEREAS, the Town of Queensbury has approximately $1.6 million in the Landfill Closure Reserve Fund No. 63 available for these purposes, and WHEREAS, the Town Controller estimates that 30 years of water testing and maintenance of the closed Landfill will require approximately $560,000, and WHEREAS, the Town Controller estimates that a safe and conservative reserve for quick response remediation is $200,000, and WHEREAS, the Town Board wishes to designate $760,000 of fund balance for the above referenced issues, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to designate $560,000 in Landfill Closure Reserve fund balance for future well testing and maintenance costs and $200,000 for quick response remediation for the closed Queensbury Landfill effective December 31 st, 1998 and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION INCREASING APPROPRIATIONS FOR THE TOWN OF QUEENSBURY TRANSFER STATIONS AND AMENDING 1999 TOWN BUDGET RESOLUTION NO.: 112, 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, as part of the monitoring and maintenance requirements of the closed Town of Queensbury Landfill, the Town of Queensbury must test certain wells quarterly and mow the closed area at least annually, at an estimated cost of $9,000 for 1999, and WHEREAS, the Town Board of the Town of Queensbury wishes to increase the appropriations in the Transfer Stations' 1999 Budget to fund these expenditures, and WHEREAS, the Town of Queensbury has a Landfill Closure Reserve Fund No. 63, with a fund balance designated by the Town to be used for these specific purposes, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby increases appropriations and estimated revenues in the Town Transfer Station 1999 Budget in the associated contractual expenditure account and in the associated revenue account, to be determined by the Town Controller's Office, in the amount of $9,000, and BE IT FURTHER, RESOLVED, that the Town Board wishes to adjust designated fund balance in the Landfill Closure Reserve Fund No. 63, reducing the testing and maintenance designated portion by $9,000 and transferring the $9,000 to the Town of Queensbury Transfer Station Fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and directs the Town Controller's Office to make any necessary adjustments, transfers or prepare any necessary documentation to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION TRANSFERRING 1998 SURPLUS FUND BALANCE TO RISK RESERVE FUND RESOLUTION NO.: 113, 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury has an established Risk Reserve Fund for unemployment insurance reserves and expenditures, and WHEREAS, the Town Board of the Town of Queensbury would like to expand this Fund to include worker's compensation risk reserve funds, and WHEREAS, the Town of Queensbury has surplus unappropriated fund balance in the General Fund as of December 31st, 1998 which the Town Board wishes to utilize to establish the worker's compensation portion of the Risk Reserve Fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to transfer $100,000 from the 1998 ending surplus fund balance to the Risk Reserve Fund for the establishment of the worker's compensation reserve, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to transfer funds, amend the 1998 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR ADDITIONAL ENGINEERING DESIGN SERVICES REGARDING CONSTRUCTION AND DEMOLITION (C&D) DEBRIS LANDFILL AT TOWN LANDFILL SITE RESOLUTION NO.: 114,99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by Resolution No.: 444.98, the Town Board of the Town of Queensbury authorized engagement of C. T. Male Associates, P. C. for engineering design services in connection with a proposed Construction and Demolition (C&D) Debris Landfill at the Town Landfill Site for a lump sum fee not to exceed $21,350, and WHEREAS, the Executive Director of Community Development has advised the Town Board that additional engineering services are needed to examine an alternative C&D landfill facility design in excess of the proposed three (3) acre facility originally proposed, and WHEREAS, c.T. Male Associates, P.c. has offered to perform the additional engineering services for an amount not to exceed $5,000, and WHEREAS, the Town Landfill Committee has recommended authorization of these additional servIces, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the engagement of C. T. Male Associates, P. C. to provide the additional engineering services described above for an amount not to exceed $5,000 to be paid for from the C&D Landfill Development Capital Project Fund #116, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor and/or Executive Director of Community Development to execute any forms or agreements in form approved by Town Counsel necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION SUPPORTING CORINTH ROAD/EXIT 18 CORRIDOR IMPROVEMENTS CONSISTING OF A THREE (3) LANE HIGHWAY RESOLUTION NO.: 115, 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the plans and design for improvements of the Corinth Road and Exit 18 Corridor are underway, and WHEREAS, the Town Board of the Town of Queensbury has attended several meetings conducted by the engineering firm that has recommended a three (3) lane highway, and WHEREAS, many residents of the Corinth Road Corridor have stated very clearly that they favor a three (3) lane highway, and WHEREAS, the New York State Department of Transportation has appropriated funding to fund a three (3) lane highway, and WHEREAS, the Town Board wishes to express its support for the three (3) lane highway, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby supports the three (3) lane highway project planned for the Corinth RoadlExit 18 Corridor in Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to the Warren County Board of Supervisors, the New York State Department of Transportation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING KIM HEUNEMANN TO CARRY OVER ONE UNUSED DAY OF VACATION TIME RESOLUTION NO.: 116,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, Kim Heunemann, Confidential Secretary to the Town Supervisor, has requested Town Board approval to carry over one (1) vacation day beyond her employment anniversary date, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Kim Heunemann to carry over one (1) vacation day to be utilized prior to December 31, 1999. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION SUPPORTING TRANSPORTATION ENHANCEMENT GRANT APPLICATION BY THE CITY OF GLENS FALLS ON BEHALF OF THE GREATER GLENS FALLS TRANSIT SYSTEM RESOLUTION NO.: 117,99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the City of Glens Falls (City), on behalf of the Greater Glens Falls Transit System (GGFTS), is submitting an application for a Transportation Enhancement (TEP) Grant in the approximate amount of $100,000, and WHEREAS, the City wishes to use the TEP Grant funds to purchase and install six trolley bus shelters and approximately 40 trolley bus benches, and WHEREAS, the City has requested a letter supporting this TEP Grant application from the Queensbury Town Board, and WHEREAS, the Town Board supports the City's TEP Grant application as any awarded grant funds will improve transportation services for residents in the Town of Queensbury and the surrounding area, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby expresses its support of the Transportation Enhancement (TEP) Grant application submitted by the City of Glens Falls on behalf of the Greater Glens Falls Transit System in the amount of $100,000 to be used to purchase and install six trolley bus shelters and approximately 40 trolley bus benches. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADVANCE OF FIVE (5) VACATION DAYS TO CRAIG BROWN BEFORE ANNIVERSARY EMPLOYMENT DATE RESOLUTION NO.: 118,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on May 4th, 1999, Code Compliance Officer Craig Brown will complete his first year of employment with the Town of Queensbury, and WHEREAS, Town vacation policy requires that an employee work for the Town for one year before receiving ten vacation days, and WHEREAS, Mr. Brown has requested Town Board authorization for the advancement of five vacation days to be used some time during April 15th through April 23rd, 1999, approximately two weeks before Mr. Brown's anniversary employment date when he is scheduled to receive ten vacation days, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board advance the requested five days to Mr. Brown, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes advancement of five days vacation time to Craig Brown, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Controller's Office to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. RESOLUTION NO.: 119,99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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 North Queensbury Rescue Squad, Inc., have negotiated terms for a new Agreement for general emergency ambulance services with a proposed cost to the Town in the amount of $85,250 for 1999 , 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 North Queensbury Rescue Squad, Inc. and the Town of Queensbury, 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 North Queensbury Rescue Squad, Inc. for emergency ambulance service for the Town of Queensbury on April 19th, 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. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None Supervisor Champagne noted that the board received Friday a late bulletin on the drainage project for Cronin Road prepared by Mr. Nace, our engineer and the Highway Superintendent, now that spring is here would like to get started... Counsel Schachner proposed the following resolution: RESOLUTION AUTHORIZING TOWN HIGHWAY DEPARTMENT TO COMPLETE CRONIN ROAD DRAINAGE PROJECT RESOLUTION NO.: 120,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury has studied a project to improve drainage along Cronin Road in the Town of Queensbury, and WHEREAS, the Town has received and reviewed plans and material requirements for the Cronin Road Drainage Project from Nace Engineering, and WHEREAS, the Town Highway Superintendent has indicated that the Town Highway Department is prepared to conduct and complete the work as described in the plans prepared by Nace Engineering at a total cost not to exceed $25,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Highway Department to conduct and complete the Cronin Road drainage work as described above for a total cost not to exceed $25,000, to be paid for from the appropriate account. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None 7.0 PLANNED DISCUSSIONS 7.1 OLD BUSINESS Supervisor Champagne noted that the joint meeting with the board and Recreation Commission scheduled for tomorrow meeting is canceled.... Councilman Irish noted that he'll be attending the Recreation Commission meeting and Councilman Tucker will attend the sewer meeting. Councilman Tucker-Re: Memo from Chuck Rice on storage building... we need to meet with him to get this moving. . . (workshop) Councilman Irish-Questioned if there should be money set aside for transfer stations to absorb the increase in the tipping fees? Councilman Tucker-Mr. Coughlin noted that when it went from fifty five to sixty nine for two years he would be able to handle it. Controller Hess-It will effect his fund balance unless he has a good income year, it will dig into his fund balance but it will not deplete it. Councilman Irish-He does not want to raise fees, we made a big deal of dropping the fees this year and it would be a shame to raise them in two years because we did not do something right now when we had additional fund balance. Controller Hess-There is no liability this season on it and during the budget year, that would be a good time to do that. Councilman lrish- Questioned if there had been any responses from the consultants with regard to disability insurance? Controller Hess-The report is due the first week of May. 7.2 NEW BUSINESS BAY ROAD SEWER DISTRICT Water/Wastewater Supt. Ralph VanDusen-This has been studied, the first engineering estimate indicated a first year annual cost of around twelve hundred dollars, second study dropped it below a thousand but it is still considered excessive. We have asked the engineers to take one final look and try and be creative, look at all options. Questioned if it could be looked at in sections, doing a portion with an eye toward growth. If a portion was cost effective now and we could oversize it we could plan for future growth for that corridor and maybe that made some sense. (used map) The Stewart's project as we saw it today will continue the sewer district up. . . the O'Brien and Gere study labeled a phase I which was to where it was possible to extend a gravity sewer line up to this area here rounding the numbers off, at a capital cost of about two hundred and seventy six thousand dollars to install that. A second phase would be to use a low pressure force main which would not be buried as deep and hopefully minimize rock excavation and also dewatering. It would take it from this area in here and pump it up to the gravity line where it would flow into the Quaker District. Cost of that section was about two hundred and twelve thousand dollars. Phase III would have been to run a sewer line, like this, tying into a section on Bay Road the cost of that would be two hundred and fifty one thousand dollars. A final phase which would be on the west side of Bay Road just a gravity sewer line that would go over here one hundred and forty six thousand six fifty four. These lines would be sized large enough to handle not only this flow but anything up here up to and in the vicinity of the Town Office Building could be pumped to get to this area. The down side of all of that it is cheaper than what we had looked at before but we are still looking at a first year annual cost once this area is served of seven hundred and two dollars per family. Significantly lower than we started initially but still significantly more than the three hundred and two dollars that the people are paying right now for being in the district. At this point I would like to turn this over to Mike Shaw and he will explain a plan that he has come up with to using a portion of this to possibly creating a section of this that is affordable. Deputy Wastewater Director Mike Shaw-Our basic plan was to go up Bay Road has been a problem of vacant parcels, golf course, and the possible Passarelli Subdivision. These numbers are high by themselves but without any additional buildings in here to support those costs it basically a nil-due. In looking at this type of situation it was interesting to see that Baybridge currently now is the area now that probably needs immediate sewers. They currently have a lift station and they pump to a mound system. This elevation is currently is similar to the elevation of the sewers in this area here, looking at this area here, there is one hundred single family residential units there. Using our current fees of three hundred and two dollars a year approximately we have the chance to generate thirty thousand dollars here to pay toward a bond and interest payment per year. It could be possible to have this pump station instead of pumping to a leach field to have this current lift station pump to ..this location here. The town would have to expend one hundred and forty seven thousand dollars at a current bond and interest payment of about fifteen thousand dollars per year. The unknowns in this currently is the Baybridge Subdivision, are they in favor of this plan? I do not know. The question is this lift station and the capacity of this lift station, looking at the elevations it looks like the elevations are the same, the design of the lift station and what the head is designed for is a question, but certainly is a scenario that we can serve the need now for Bayberry at a fee that could be affordable. In this case you would be lowering the rates in the parent district somewhat, about six dollars per unit. Mr. Salvador-Isn't Baybridge only half built out? Deputy Shaw-Baybridge is not built out, I do not have those numbers. There are currently one hundred units here, in this type of scenario too, you could serve these two parcels because these are owned by Dan through this force main it just has to be engineered and sized correctly to handle that. Councilman Turner-Questioned if it would be better to go down Walker Lane rather than cut across the field like that and get into? Deputy Shaw-This cut through here is going to be this subdivision or the subdivision of Dan Valente, however that works, but to go down Walker Lane like this would be a further distance. By going this way you are basically what you are doing you are serving this subdivision here and I am sure this force main would be sized to serve this subdivision here, if something in the future happens here which there is talk of, you know, Passarelli's subdivision once again, if that comes we can still take this route for this side of the road. Eventually for anything further on up and refer to the original plan and doing a boring across the road and go up this side of the road. Councilman Turner-Wouldn't we have to de-water that anyway to get across that field? Deputy Shaw-This would be a private project the way this plan would come about and to you only need to put this at five foot six for frost protection so de-watering would be minimal. The only unknowns are rock up here, we guess not but you know if we were going to pursue this we certainly might want to spend some extra money to have some test borings along here to make sure that our one hundred and forty seven thousand is not to exceed that. Councilman Turner-The last time around I thought that the sewer the forced sewer was going to come on the west side of Bay Road go to Walker Lane then go across the road to a pump station and then the pump station was a force main up to gravity.. Deputy Shaw-Correct, all of this would serve this one piece. It would be nice to serve this side of the road but we have not got the development over there to serve that side of the road to support those projects now. If that does come in the future we can still continue on with this and use the numbers we have to, to support this project. We are basically taking the need now there is a need in Baybridge and giving the chance to sewer Baybridge Subdivision. Supervisor Champagne-Questioned if there was interest in the Passarelli property? Director Round-There has been some interest by a private developer, for Senior Citizen Adult Facility they have submitted an application to New York State for tax incentive program. . . if that receives a favorable review from New York State then they need to come back and try to advance this project. Supervisor Champagne-If this project goes it will be sewered up Bay Road. Deputy Shaw-If he were to develop here to put these numbers together and that those parcels in it still would be beyond what we could afford. We have talked to him and he did not say no at the time, possibly him pumping to a gravity at this point. Councilman Tucker-Him bearing the cost to get to that point? Deputy Shaw-Possibly, yes. Councilman Turner-Is Skimmerhorn interested Mike? Deputy Shaw-Skimmerhorn at this time is not interested. Councilman Merrill-I think it was recognized in the landuse plan the need for the sewer up Bay Road I think we need to keep pursuing it. 8.0 WORKSHOP 8.1 TRANSIENT MERCHANT LOCAL LAW Director Round-Reviewed the present local law, looking for guidance in modifying the law to allow for renewal provisions... Town Council has prepared alternatives for renewal process 1. the Town Clerk issuing a renewal based on applicant statement that all application information remains unchanged and site plan remains in compliance with the previous approval 2. The Zoning Administrator issues renewal based on that same statement 3. Zoning Administrator issues renewal based on review of the current plans submitted by an applicant 4. The Town Board issues a renewal based on review of current plans submitted by the applicant Would like ideas from the town board. . . the Attorney has noticed some inconsistencies unrelated to the renewal process that we have to move forward with. . . either drafting a new law or revising the existing law. Supervisor Champagne-Recommended going with number 3 Director Round-Noted he would support that. Councilman Irish-Recommend that Mr. Round or Mr. Brown review the plans... does not need to come before the Town Board every year. Originally came before the Planning Board or Town Board for initial, if it is a different application that has not been approved before once that process is taken place then it becomes a renewal license and then your office would take over. Councilman Turner-I think they should have a plan coming in that shows it is the same as it is the same as it was last year. Councilman Tucker-Reviewed Veterans as pertaining to licenses. . . Director Round-Regarding the inconsistencies 1. Is site plan approval a mandatory discretionary Section 168-88a it says all applications are subject to site plan review by the Planning Board then another section of the local law indicates that the Town Board at its discretion may forward an application to the Planning Board. Is it the intention to forward all new applications to the Planning Board for Planning Board review? Councilman Merrill- I would strongly support that. Councilman Turner-I would... Supervisor Champagne-Questioned if this was changed if the Town Board would have the power to throw out an application without going to the Planning Board? Attorney Schachner-My opinion is that the law as written is not understandable, my opinion is that you cannot tell first of all which comes first the Planning Board review process or the Town Board review process, and the second thing is that regardless of what the intention of the Board was at that time the way it is written is it is clearly one part of it clearly says that Planning Board site plan review is not mandatory and you could approve it just at the Town Board level and not have the Planning Board look at it. What I am hearing the Board say now is you want the Town Board and the Planning Board if there is going to be an approval. Councilman Merrill-The way I am reading it we can short circuit it and not send it to the Planning Board and we could approve it and I do not think that would be the right way to handle it. Attorney Schachner-The intention was that if the Town Board did not want to entertain it you would not have to bother sending to the Planning Board for Site Plan approval, what ever the intention is we can spell this out in an understandable way it is just not understandable as it is currently written. Councilman Merrill-If both the Town Board and the Planning Board review it the Town Board could turn it down and the Planning Board Attorney Schachner-Either could turn it down and if it doesn't it would receive the approval of both it doesn't fly. The only issues that remains is which comes first? Director Round-The Town Clerk receives the application, similar to a Zoning Change, the town Board receives the application and refers to the Planning Board, the Planning Board conducts a public hearing, makes a recommendation back to the Town Board the Town Board then conducts a public hearing and the Town Board acts on the project. Attorney Schachner-At present the Planning Board conducts a site plan review what Chris is saying and I think makes sense is have the Planning Board function be exactly what the Planning Board function is currently for Zone Changes which means the Planning Board would make a non binding advisory recommendation to this Board which this Board could then take or not take. We can write something that spells that out very clearly. Board agreed. Mr. Salvador-Spoke to the Board regarding Business Licenses In Lake George there is a business license for $25.00 per year. . . noted this license shows the tax ID number for the business. . . Supervisor Champagne-We are looking at businesses licenses. Mr. Salvador-Spoke on the transient merchant license fee, you are only to charge the amount of money it takes to administer the program... Councilman Merrill-With the complexities of the existing codes I wonder if it doesn't cost us five hundred dollars to administer it. Director Round-Questioned if Mr. Salvador was advocating a business registration? Mr. Salvador-Yes. In the past I have been opposed to it but I can see there is too much avoidance and that is unfair to me. 9.0 ATTORNEY MATTERS NONE 10.0 OPEN FORUM Mr. John Salvador-Re: Dunhams Bay Road-Questioned if Mr. Nace has finished his work? Councilman Turner-No He is working with Bill Lamy and Mr. Lamy has requested one hundred and ten thousand dollars grant for the project. Mr. Salvador-Are there any drawing available at this time? Questioned if there is any schedule for the work? Councilman Turner-No. Mr. Salvador-Spoke about the AP A permitting process, fees and penalties. . . noted Lake George Park Commission has had it for eleven years. Lake George Park Commission newsletter - spoke on Sterns and Wheeler report, questioned if the Town participating in that? Councilman Merrill- I was present. Mr. Salvador-On March 1st you went into Executive Session and no one asked the purpose of it, what was the purpose? Supervisor Champagne- I would have to go back to my notes. . . Councilman Irish-It was a personnel matter with Dave Hatin. Mr. Salvador-Requested that the minutes reflect that. Mr. Salvador-Has the DOT indicated a schedule for their study of the Aviation Road corridor? Director Round-No. Mr. Salvador-Still looking for a map of the donated land of DeSantis, (Hudson River Park) there is no map on file at the county clerk's office, contrary to what was stated in your December resolution. Supervisor Champagne-We do not have to file a map. Mr. Salvador-You approved a resolution predicated on the fact that a map had been filed. At the March 1st meeting a deed has been filed on this parcel of land and I understand that a correction deed is needed, it has not been filed yet. Councilman Irish-Bob Hafner is working on that. Mr. Salvador-Is there a scheduled opening day for the Park? Councilman Irish-We will probably find out tomorrow night at the recreation meeting. Mr. Salvador-Is there a plan to maintain the sidewalks on Route 9 that are being built? Supervisor Champagne-We are looking at a plan, whether we do it or the property owner, has not been determined yet we are studying that. Mrs. Kathleen Salvador-Thanked Mr. Turner for the work he did on the light at the corner of 9L and Bay it is now on.. .Mr. Hess mentioned something about having problems with the telephone system that it was not Y2K compliant where do we stand? Controller Hess-We have budgeted the funds that we know it will take to get that done we are holding off the purchase for awhile because we have several more months to do that. there is a class action suit against Lucent for a lot of vendors and our Town Counsel is looking into the Town participating in that class action. Mrs. Salvador-Questioned if the town had a date to have this done? Controller Hess-We have a Y2K policy and procedure. . . we will have it in and tested before the end of the year. Supervisor Champagne-Asked for further comments, hearing none the Open Forum was closed. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 121.98 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 moves into Executive Session to discuss purchase of property from the Town and three personnel matters. Duly adopted this 5th day of April, 1999 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. 122.99 INTRODUCED BY: Mr. Theordore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board hereby adjourns it Executive Session and moves back into Regular Session. Duly adopted this 5th day of April, 1999 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF LEE CUTTER AS PART-TIME LABORER TO WORK AT TOWN LANDFILL/TRANSFER STATION RESOLUTION NO. 123, 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Solid Waste Facilities Operator has requested Town Board authorization to hire a part-time Laborer to work at the Town Landfill/Transfer Station, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Solid Waste Facilities Operator to hire Lee Cutter as a part-time Laborer at an hourly salary of $9.88 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of April, 1999, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Champagne NOES Mr. Turner, Mr. Tucker ABSENT: None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 124.99 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 meeting. Duly adopted this 5th day of April, 1999 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