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1999-04-19 REGULAR TOWN BOARD MEETING APRIL 19,1999 7:01 p.m. MTG.#8 RES. 125-146 B.O.H. 13-16 TOWN BOARD MEMBERS SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE MERRILL COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIAL PRESENT HIGHWAY SUPERINTENDENT PAUL H. NAYLOR DEPUTY HIGHWAY SUPT. RICHARD MISSIT A DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND DIRECTOR OF BUILDING AND CODES DAVID HATIN PURCHASING MANAGER MICHELLE WELLER COMPUTER TECHNOLOGY COORIDINATOR BILL SHAW Supervisor Champagne-Opened the Meeting. Pledge of Allegiance led by Councilman Merrill RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 125.99 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 moves into the Queensbury Board of Health. Duly adopted this 19th 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 1.1 PUBLIC HEARING-Sanitary Sewage Disposal Variance Francis Koenig Notice Shown Supervisor Champagne-Requested that Mr. Hatin address the Board on the application. Mr. David Hatin-Director of Building and Codes- Since the Board set the public hearing for Mr. Koenig Variance we found out that the previous variance which you have a copy of in your packet has been void because it expired one year after it was passed. We did not realize that until after the fact so I have talked to Mr. Schachner who advised that we should table this tonight. I have been in contact with Mr. Koenig who was not going to appear tonight, that will revise the application amend it for the necessary variances that he will need. Because the law has also changed since he received his variance last time and there are going to be some additional variances he will need. Councilman Irish-Can I ask you, this says holding tank is that what we are talking about a holding tank and not a septic tank? Director Hatin-Right, holding tank. Councilman Irish-Is this a year around residence? Director Hatin - It is seasonal right now as far as I know. I know that the water is shut off in the winter time and I am assuming it becomes seasonal at that point. Councilman Merrill-Is this to support new construction? Director Hatin-Originally, it wasn't, it may be, Mr. Koenig is before the Zoning Board on the 27th to place a new structure on the parcel which will be a year around residence and he also wants to put a well in which is different from his previous variance. Councilman Irish-Is the new structure going to utilize a holding tank? Director Hatin- Yes. Councilman Irish-And that is a year around? Director Hatin-It could be used year around yes, after he builds a new structure. If he gets approved for it he has not gotten approval yet. Councilman Irish-So, we should hold this anyway to address that. Counsel Schachner-Yes, I did not actually tell Dave Hatin to table this but I did say that my suggestion was that the Board not take any action on this tonight because facts and circumstances are different then we understood. It has been scheduled for a public hearing we certainly can open the public hearing if you wish and if anybody is here that wishes to speak about it you can hear them out. But, we would advise you not to make any decision on this pending the resolution of those other issues. Councilman Irish-Ok. Supervisor Champagne-I guess my first question is are there any folks here tonight that care to speak for or against this variance? John, please. Mr. John Salvador-You should know that Mr. Koenig appeared before the Warren County Planning Board, Wednesday last, and got an approval for a plan to build a residence. There was no qualification of being seasonal. So, if you do anything about tabling or whatever you should recognize that his application before that planning board was predicated on the fact that he was going to get the second septic variance. That his application was in and he was on his way. Councilman Irish-It is conditioned on the variance approval for the holding tank? Mr. Salvador-No. He had that other approval that you speak of, he had that other approval for a holding tank so they made a determination that there is no County significance, no County impact. Supervisor Champagne-That was before we notified the planning board that the variance was not valid, is that correct statement? Mr. Salvador-Whose planning board? Supervisor Champagne-County Planning Board. Mr. Salvador-You did notify them? Supervisor Champagne-No, as far as I know we did not. Director Hatin-We have not notified anybody other than Mr. Kornig. Counsel Schachner-Well, actually this realization did not happen until after the County Planning Board meeting. Supervisor Champagne-Yea, I understand that. Councilman Irish-The holding tanks are still not, we cannot authorize holding tanks for year around residence under the current state law, right? Counsel Schachner-I believe that is correct, that is why I believe that your questions were very timely because it is very possible that what the applicants seeks is not something that is going to be approved. Supervisor Champagne-I really have trouble having a public hearing tonight without Mr. Koenig being here and without the kind of references that I need to make a decision. That is my problem right now. Counsel Schachner-Well, keep in mind we are suggesting that you not make a decision. Supervisor Champagne-I would like also to think that a public meeting would be conducted once all the information is factual is in front of me. I would rather be Counsel Schachner-We are not suggesting that you close the public hearing either. Supervisor Champagne-Ok. Mr. Salvador-Keep the public hearing open. Director Hatin-He is going to have to re-file paper work you are going to have to set another hearing and have another hearing date and all of this will be put on the table at that point in time. Supervisor Champagne-I would like to move that, we do that. Mr. Salvador-I have one more comment. Before we have the next hearing on this I think it is incumbent upon the Town Board to determine how you are going to define season use, what is necessary by way of either a deed encumbrance something has to ensure that if this facility does get approval for a holding tank and it is predicated on seasonal use that the seasonal use is something that is realistic, realistic and enforceable. Supervisor Champagne-I appreciate that John. So, this is going to be held. I just wonder if we should also consider the fact that we need to notify the County, they may wish to invalidate that approval based on not having factual information. Director Hatin-Chris maybe could address that better, but I think that is going to also effect his hearing before the Zoning Board and Planning, Zoning Board next week because it is going to change the circumstances. Executive Director Chris Round-To back up a little bit, Mr. Koenig had a variance to utilize a holding tank for this household and so we will notify the Planning Board whether we have to re-refer to the Planning Board I am not, I have not made that determination. But, it is, the Zoning Board would not be able to act on this application either because it is our policy to first obtain any relief from our septic ordinance in the Water Front Residential Zone in advance of entertaining a land development proposal. Councilman Merrill-But that variance is no longer valid, correct? Executive Director Round-That is correct that is why he cannot move forward. Councilman Merrill-So, that puts him back to ground zero. Supervisor Champagne-So, we are going to leave that one open. RESOLUTION SETTING PUBLIC HEARING ON SEPTIC VARIANCE APPLICATION OF IRENE MORGAN RESOLUTION NO.: 13, 1999 INTRODUCED BY: Mr. Douglas Irish 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, Irene Morgan has applied to the Local Board of Health for a variance from Chapter 136 to allow her new septic system to be located eighty-six feet (86') from her well in lieu of the required one-hundred feet (100') setback on property located at 8 Reardon Road Extension, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 3rd, 1999 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Irene Morgan's septic variance application concerning her property situated at 8 Reardon Road Extension, Queensbury and bearing Tax Map No.: Section 44, Block 2, Lot 25 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 Ms. Morgan's property as required by law. Duly adopted this 19th 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 SEPTIC VARIANCE APPLICATION OF MAY SUPPLY RESOLUTION NO.: 14,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish 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, May Supply has applied to the Local Board of Health for a variance from Chapter 136 to allow a leach field to be located ten feet (10') from a water line in lieu of the required one-hundred feet (100') setback at property located at 22 Honeysuckle Lane, Assembly Point, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 3rd, 1999 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider May Supply's septic variance application concerning her property situated at 22 Honeysuckle Lane, Assembly Point, Queensbury and bearing Tax Map No.: Section 8, Block 5, Lot 11 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Ms. Supply's property as required by law. Duly adopted this 19th day of April, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEPTIC VARIANCE APPLICATION OF MARK SPRINGER RESOLUTION NO.: 15,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Mark Springer has applied to the Local Board of Health for a variance from Chapter 136, (136-12, to continue using the existing septic system on property located at Rockhurst Point, Lake George in the Town of Queensbury, instead of upgrading the system as required by Town Code (136-12, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 3rd, 1999 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the septic variance application of Mark Springer concerning property located on Rockhurst Point on Lake George in the Town of Queensbury and bearing Tax Map No.: Section 15, Block 1, Lot 44 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. Springer's property as required by law. Duly adopted this 19th day of April, 1999, by the following vote: AYES Mr. Irish, Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 16.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Board of Health Meeting and moves back into Regular Session. Duly adopted this 19th day of April, 1999 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None Discussion held: Councilman Tucker-Recommended that the application material sewer variance be held until the week before the hearing. . . .discussion followed and it was agreed to have it up front, have a second application at the time of the hearing. . . 2.0 PUBLIC HEARINGS 2.1 Public Hearing Emergency Ambulance Service Agreement between Town of Queensbury and North Queensbury Rescue Squad, Inc. Notice Shown Supervisor Champagne-Opened the Hearing Is there anyone here to speak in favor of or against? No one spoke. Controller Hess-What we have, this is the last of the rescue squads the contract renewals for 1999. Last years contract amount was 86,400 this year the squads agreed to a contract of 85,250. There is no significant changes to the contract other than the language changes that all of the squads have adopted. Supervisor Champagne-With that said, Mr. Lou Stone-Question, have we done anything about third party billing on rescue squad bills? Supervisor Champagne-That is a good question, Henry? Controller Hess-We are in the process, we have gathered some information we are in the process of trying to get, we are going to get the squads together very soon and we are looking to see if it can be implemented this year. I think that is an energetic undertaking but we are going to make progress on it this year. Supervisor Champagne-I guess Lou, what we have found is that rather that being able to have lets say one squad there has been one squad kind of out front in this process, interested and anxious and willing what we have found now, Henry, correct me if I am wrong is that we have to go by the full town in otherwords everyone or each of the three squads have to agree and set in motion the process in order to make this happen that is really what has slowed me down from where I was working with that one particular squad. Trying to set a example if you will, ok, we are backed up away from that and now we are having to make sure all three squads come on board. Our prototype is not going to work for us so to speak. Unknown-Say again. Supervisor Champagne-Our prototype squad or ambulance service that we thought we were moving forward with is not possible now that we have to have all three of them on board. Ok. Unless there is something more to be said, we will close the public hearing. RESOLUTION AUTHORIZING 1999 EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. RESOLUTION NO.:126, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill 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, 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 held a public hearing concerning the proposed 1999 Agreement between North Queensbury Rescue Emergency Squad, Inc. and the Town of Queensbury on April 19th, 1999 and all interested persons were heard, and WHEREAS, the proposed 1999 Agreement is fair, reasonable and in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and enters into the 1999 Emergency Ambulance Service Agreement with the North Queensbury Rescue Squad, Inc. as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of April, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None 2.2 Amending Ordinance No. 28 Establishing through Highway and Stop Intersections in the Town of Queensbury, County of Warren, New York Public Hearing Notice Shown Supervisor Champagne-We will open the public hearing on amending the Ordinance No. 28 Establishing through Stop Signs and Stop Intersections in the Queensbury Town, County of Warren, New York I guess we were voting on that the last time we tabled it primarily due to an error in the number of stop signs at one of the intersections was there any other changes? Councilman Turner-No. Supervisor Champagne-That was it. So, with that said, anything from the public? We are enumerating stop signs. Unknown-What was the correction on the number? Councilman Turner-Meadowbrook Road and Cronin Road they had listed one stop sign and there are four there. Typo... Supervisor Champagne-Anything further from the public? From the Town Board? Close the public hearing. RESOLUTION TO ENACT AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO. 127, 1999 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Highway Superintendent prepared a list of stop signs located by and within the Town of Queensbury and 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 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 duly conducted a public hearing concerning the proposed Amendment to Ordinance No. 28 on April 19th, 1999, and WHEREAS, the Town Board wishes to enact the Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Amendment to Ordinance No. 28 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to enter the Amendment to Ordinance No. 28 in the minutes of this Town Board meeting, publish the Amendment to Ordinance No. 28 (or a summary or abstract) once in the Glens Falls Post Star, file an affidavit of the publication in the Town Clerk's Office, and the Amendment to Ordinance No. 28 shall take effect ten (10) days after publication. Duly adopted this 19th day of April, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None 3.0 CORRESPONDENCE Ltr. Bay Ridge Volunteer Fire Company, Inc. 195 Sunnyside Road Queensbury, New York 12804 Paul Naylor Supt. of Highways 742 Bay Road Queensbury, N.Y. 12804 Dear Paul, The members of the Bay Ridge Fire Company wish to express their appreciation for your diligent work in keeping both of our fire stations accessible this past winter. Fires and accidents don't stop happening just because the weather is stormy and the roads are slippery, but, thanks to your department's commendable work, we were able to reach the scene where we were needed on all occasions. Sincerely, Robert 1. Sullivan, Sec. 4.0 TOWN COUNCILMEN'S COMMITTEE REPORTS Councilman Irish-Recreation Commission met two weeks ago, still working on getting the long term goals and objectives based on the survey they did with the town at this point there is really nothing to report on that. They will meet a few more times to get that taken care of and have some type of agenda for the Town Board to sit down with them an review. Dave Hersh is getting ready to put together a grand opening for the Hudson River Park that should be announced in the near future. 5.0 OPEN FORUM-RESOLUTIONS Mr. Douglas Auer-Re: Resolution 1.16 Pilot Agreement Northeast Power Systems Spoke to the Board regarding spread sheets put together by the IDA and the Companies..I could not get the spread sheets to square... questioned if the enhanced pilot is part of the resolution? Supervisor Champagne-Yes. Mr. Auer-Concerned this sets a precedent the enhanced part of this, first the school district is under an awful lot of stress and strain as far as budgetary concerns, noted that the IDA spread sheet made perfect sense, but the other one I could not make heads or tails of it. We have to be careful with these types of pilots. Mr. John Salvador-Re: Resolution 1.16 What are we giving away? What is the check that we are writing? Councilman Merrill-There is no check, we are not giving anything away. Mr. Salvador-What would this facility pay in taxes if they came in built what then intend to build and were taxed at the rate that everyone else was taxed, what would their tax burden be and what will it be under this program? Councilman Irish-When we met with them to talk about it they did tell us that whatever it was, was not a deal breaker for them so I along with whoever has been up to speak about it was a little concerned that it was on the agenda for approval tonight. I think we were talking about $19,000 over ten years. Councilman Tucker-They are already getting the normal IDA tax break and this is something extra they are looking for. Supervisor Champagne-We are talking School Tax, County Tax, Town Tax all other special district taxes are paid for in full. The typical 485B plan allows you to start year one at 50% then over ten years it is a 5% increment over ten years, the enhanced pilot identified zero taxes, ten percent year one and then over ten years you are paying actually over ten years ten percent up to one hundred percent. Councilman Merrill-That is on the improvement, you are still paying taxes on the base land. Councilman Irish-Under the original pilot that they were offered through IDA their tax levy would be 45,000 per year under the enhanced pilot that would drop to 26,000 per year give or take, there is a significant savings to them, there is 19,000 savings but there is also a significant loss to the school. We did have the school come in and meet with the representatives from Northeast Power systems and they sent along a letter that says that they are not in favor of this pilot enhanced approval, although they had no problem with the original pilot agreement. Mr. Salvador-Questioned the other tax breaks from the IDA? Supervisor Champagne-That is not identified. They only tax breaks would be on sales tax to my knowledge. . . Councilman lrish-I think that it is important when we do these enhanced programs that we have some criteria set up and I do not think that we did that in this case. . . I think that the school should be involved in setting the criteria... Supervisor Champagne-My position is if we are going to compete out there then this Town is going to have to loosen up on some of the tax waivers that are available to industry. Mr. Gilbert Boehm-RE: Resolution 6.16 I think I heard the comment that this was not a deal breaker for those people if so why grant it? Supervisor Champagne-We are sending a message to business through these kinds of efforts that business to looking to locate in Queensbury will read this as saying they are not interested in me whether it is nineteen thousand or nineteen million. I think it is incumbent upon this Town if we are choosing to open some doors to allow business to come in here to improve our economics this is the place to start. Mr. Boehm-Spoke to the Board that all of these corporate welfare programs do not pay off to the communities involved. Questioned the list of IDA programs that the companies are still here and those that are no longer. . . Supervisor Champagne-Noted he had both lists and would be glad to share the information. Spoke about the IDA programs on Pruyns Island... Mr. Ted Biglow-Representing Northeast Power System Noted that the numbers do jive and I will go over them with anyone... history of Northeast, 5 years old, two principals are Masters level graduates from RPI, they were looking at Albany and Saratoga County because of their programs, it came down to two sites, one in Saratoga County and Queensbury, we had a program set up for the enhanced pilot program and the criteria has been established. . . they met the criteria, they are using a local Queensbury contractor to build the building, they are looking to hire ten people within two years, right now they are located at the Tobins factory building in Albany and they need more space. The Carey Industrial Park has been vacant for ten years and we were able to put them in there. Noted that the Town and School will receive all the taxes that they currently have been receiving on the land the difference between the 485B program and the enhanced pilot program is under the 485B which is automatic all they have to do is ask for it is that their assessment starts out at 50% and is increased 5% a year up to the tenth year, eleventh year and then they are assessed at one hundred percent. Under the enhanced Pilot Program their assessment starts out a zero and increases 10% a year so you are at the same point at the end. The difference in that savings from the sheets is nineteen thousand dollars. The Town and the School and the County are going to be receiving more taxes every year from what they are right now on that land. If this region wants to start attracting manufacturing good paying jobs to this area they have got to be able to compete on this level. The other benefit they receive through the IDA is that they save on their mortgage tax and sales tax during construction. Councilman Irish-What you came in with one of the owners you said that this was not a deal breaker and that they did look around in Saratoga and Wilton and I think what you told us was that to be quite honest with you Queensbury was the cheapest place to build. You just sat there and said that that is not the reason why they came to Queensbury. Mr. Biglow-It is not one reason Doug, it is compilation of reasons. When I say that Queensbury was the cheapest place for them to build in terms of permits and fees frankly the other site that it came down to was the Saratoga, the Moreau Industrial Park, the Nimo Park and they had water, sewer yes and the price on the land was about the same they did not need the heavy sewers for their business and they like the Northway access a little bit better and the tax rates are favorable in Queensbury. Noted when they hire people they are graduate people, making 10-20 per hour not 6 dollars an hour. Councilman lrish-I happen not to believe that you have to give good companies hand outs to get them to come to town, I think it is a total package of what you have to offer and not just how much are you going to give me in tax savings over the course of ten years. They have got articles after articles out there about companies that located to places that was more expensive to go to because of the amenities that were offered their employees after they got out of work. Mr. Salvador-You said they met the criteria oflocating in the industrial park... Supervisor Champagne-Reviewed the IDA criteria...1. Project to be located in existing building which has been vacant for period of at least twelve months 2. Manufacturing project which will create 10 1 new jobs 3. Project that is located in an existing industrial park in Warren County and or Washington County Number three qualifies them 4. Project which will be located in a highly distressed area of Washington or Warren County. Mr. Salvador-Questioned the use of a private industrial park? Supervisor Champagne-It says an industrial park in Warren or Washington County. Controller Hess-Introduced the new Purchasing Agent Mrs. Michelle Weller. Computer Technology Coordinator Mr. Shaw-Spoke to the Board regarding communications systems to talk to each other, Water and Town Court to the Town Office Resolution No. 6.15.. .Res. 6.12 looked into savings through State Contract with Bell Atlantic and AT&T (see handout on file in Town Clerk's Office) suggested that the Town use the State Contract prices... this would be for local calls and long distance calls. . . Bell Atlantic would be doing local calling and AT&T would cover regional and interstate and long distance.. Controller Hess-Noted savings by changing to approximately 20,000 annually Coordinator Shaw-Spoke about Resolution 6.15 - basically hardware, one time cost for equipment necessary to connect the Water, Court and Town Hall together. 6.0 RESOLUTIONS RESOLUTION AUTHORIZING PHONE SERVICE AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND BELL ATLANTIC AND AT&T RESOLUTION NO. 128, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury previously entered into agreements with Bell Atlantic and AT&T for phone service, and WHEREAS, the Town has negotiated terms for new phone service agreements with Bell Atlantic and AT&T, including participation with New York State contract pricing with applicable services, which will provide for the reduction of tariff rates on the Town's local, IntraLA T A, Regional and Long Distance calling and will provide wide area network services, and WHEREAS, proposed agreements for the phone service have been presented at this meeting and are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the phone service agreements with Bell Atlantic and AT&T presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that operational and connection charges for new and changed services be charged to the appropriate Departments, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the agreements on behalf of the Town of Queensbury and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th 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 COMPUTER NETWORK EQUIPMENT RESOLUTION NO.: 129,1999 INTRODUCED BY: Mr. Douglas Irish 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 Computer Technology Coordinator has advised the Town Board that it is necessary to purchase new computer network equipment for a total amount not to exceed $7,022, and WHEREAS, the Purchasing Manager has reviewed the documentation concerning the proposed purchase of new computer network equipment and has recommended that the Town Board approve the purchase, and WHEREAS, New York State Bidding is not required as the items to be purchased are under State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of new computer network equipment from Annese & Associates in accordance with the State Contract for an amount not to exceed $7,022 to be paid for from the following accounts: 1. Account No.: 001-1680-4400 - $4,789.00 1. Account No.: 032-1680-2031 - $ 446.60 3. Account No.: 040-1680-2032 - $1,786.40 and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Computer Technology Coordinator and/or Purchasing Manager to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th 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 DAVID HATIN TO CARRY OVER TWO UNUSED DAYS OF VACATION TIME RESOLUTION NO.: 130.99 MOTION WITHDRAWN INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, David Hatin, Director of Building and Codes Enforcement, has requested Town Board approval to carry over two (2) vacation days beyond his May 23rd employment anniversary date so that he may use the two days to attend a conference in October 1999, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes David Hatin to carry over two (2) vacation days to be utilized prior to December 31, 1999. Duly adopted this 19th day of April, 1999, by the following vote: AYES NOES ABSENT: Controller Hess-recommend that this be held until resolution 6.10 is voted upon it may be a mute point. Discussion held: Mr. Hatin-Ifyou remember from the previous agreement I had to go to school it was supposed to be in March because of the State it was kicked back to hopefully October I was supposed to use ten hours of personnel time four hours vacation, what I am asking you to do is carry that over now until October and be used for that school in October. It is a half day vacation which I do not know what Henry said still effects this or not, I am not sure how that ties into this. Controller Hess-I was just reading the resolution the way the resolution is written it may not be necessary later if you are adding to it ... Mr. Hatin, basically I am asking to carry that previous agreement that we had in March over to October. Supervisor Champagne-It has not be prior practice to carry personnel time over. Councilman Irish-You are accruing personal time after your anniversary date right? Mr. Hatin-Which will also be used for school at that time those three days I will accrue after May. Supervisor Champagne-The only difference in the agreement obviously is the fact that it has not been our past practice to carry over personal time. Councilman Irish-If 6.10 passes lets see what that does... Mr. Hatin-We still have got time... Councilman Irish and Tucker withdrew their motion. RESOLUTION ADDING "DUKE INDUSTRIAL PARK ROAD" TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 130, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Resolution No. 434.95, the Town Board of the Town of Queensbury adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Duke Industrial Park Road" to its list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adds "Duke Industrial Park Road" off Bay Road to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary pole and street sign identifying Duke Industrial Park Road, and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 19th 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 SEWER EXTENSION AGREEMENT BETWEEN STEWART'S SHOPS AND TOWN OF QUEENSBURY ON BEHALF OF CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 131,1999 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Dick Merrill WHEREAS, by Resolution No.: 100, 99 the Town Board of the Town of Queensbury established, authorized and approved an extension to the Central Queensbury Quaker Road Sewer District known as the Central Queensbury Quaker Road Sewer District Extension No.4, and WHEREAS, the Town Board authorized this District Extension subject to an executed Agreement between Stewart's Shops and the Town of Queensbury on behalf of the Central Queensbury Quaker Road Sewer District, and WHEREAS, a proposed Agreement between Stewart's Shops and the Town has been prepared and presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and author-izes the Agreement presented at this meeting between Stewart's Shops and the Town of Queensbury on behalf of the Central Queensbury Quaker Road Sewer District and authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of April, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne ABSTAIN None ABSENT: None RESOLUTION AMENDING RES. 104,99 REGARDING PURCHASE ORDER FOR WASTEWATER DEPARTMENT RESOLUTION NO.: 132, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Resolution No. 104,99, the Queensbury Town Board authorized a purchase order for engagement of the services of M. Caputo & Associates, Inc. for TV inspection and cleaning of sanitary sewer mains in the Town of Queensbury, and WHEREAS, the Town Controller's Office has advised that two of the account codes listed in the Resolution were incorrect, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 104,99 such that the account codes shall read as follows: 1. 034-8120-4400 1. 030-8120-4400 1. 031-8120-4400 1. 033-8120-4400 1. 032-8120-4400 $ 2,400 $ 2,200 $ 1,200 $ 1,500 $10,600 Duly adopted this 19th day of April, 1999, by the following vote: AYES : Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AWARDING BID FOR PURCHASE OF PICK-UP TRUCK FOR TOWN WATER DEPARTMENT RESOLUTION NO. 133, 1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town's Purchasing Agent duly advertised for bids for the purchase of one (1) 1999 4x4 one ton pick-up truck for use by the Town's Water Department in accordance with previously submitted bid documents and specifications, and WHEREAS, Nemer Ford submitted the lowest responsible bid in the amount of $24,097 for the truck and therefore the Water Superintendent has recommended that the Town Board award the bid to Nemer Ford, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for one (1) 4x4 pick-up truck to Nemer Ford for an amount not to exceed $24,097 to be paid for from the appropriate account. Duly adopted this 19th day of April, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None Discussion held: Councilman Tucker-Questioned why the low bid was not accepted... Town Clerk Darleen Dougher noted that the low bidder did not meet the specifications they did not include include air- conditioning in the quote. . . RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 134,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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: COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-3620-2031 (Bldg & Codes Computer Hardware) 01-8010-2031 (Zoning-Computer Hardware) 500. WASTEWATER: FROM: TO: $ AMOUNT: 030-8120-2899 (Capital Construction) 030-8120-4400 (Misc. Contractual) 2,460. 031-1990-4400 (Contingency) 031-8120-4400 (Misc. Contractual) 1,500. Duly adopted this 19th day of April, 1999, by the following vote: AYES NOES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM CHAPTER 113 OF TOWN CODE REGARDING MOBILE HOME PARK OWNED BY ROBERTA CONVERSE RESOLUTION NO.: 135,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, Roberta Converse is seeking subdivision approval from the Town of Queensbury Planning Board to allow separation of her mobile home park located on Warren Lane, Queensbury (tax map no.: 121-6-59) from the portion of her property which contains single family homes, and WHEREAS, in accordance with (113-24 of the Queensbury Town Code, Mrs. Converse requires a variance from the Town Board before she may obtain subdivision approval as Mrs. Converse lacks the twenty-five feet (25') buffer between her mobile home park and her adjacent property as required by (113- 6(A) of the Queensbury Town Code, and WHEREAS, before the Town Board may grant the requested variance, it must first conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, May 3rd, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be given an opportunity to be heard concerning the proposed variance request of Roberta Converse, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of Public Hearing presented at this meeting in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send a copy of the Notice of Public Hearing to all property owners located within 500' of the subject area, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that this proposed action is subject to SEQRA review and the Board wishes to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the Subdivision Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 19th 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 MARCH OF DIMES WALK AMERICA WALK-A-THON RESOLUTION NO. 136, 1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the March of Dimes Birth Defects Foundation has requested permission to conduct their annual walk-a-thon, Walk America, as follows: SPONSOR: EVENT: March of Dimes Birth Defects Foundation WALK AMERICA WALK-A-THON DATE: PLACE: Sunday, April 25, 1999 Beginning and ending at Adirondack Community College (Letter and map regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the March of Dimes Birth Defects Foundation to conduct its annual walk-a-thon, Walk America, 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, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 19th 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 AND ADOPTING LIGHT DUTY POLICY FOR TOWN OF QUEENSBURY RESOLUTION NO.: 137,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to adopt an amendment to its Employee Handbook by adding a new Section 1017 entitled, "Light Duty Policy," a policy designed to help Town employees return to their regular jobs as soon as possible through temporary, transitional, modified or alternative work when, as a result of an injury or illness arising out of and in the course of employment, they are unable to perform their usual and customary job because of physical limitations, and WHEREAS, the Town discussed the proposed Light Duty Policy with the Town's CSEA representatives, who reviewed and approved the Policy, and WHEREAS, the proposed Light Duty Policy has been presented at this meeting and is in form approved by the Town Board and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the amendment to its Employee Handbook by adding a new Section 1017 entitled, "Light Duty Policy," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to distribute copies of this amendment to all Town employees and amend the Employee Handbook accordingly. Duly adopted this 19th day of April, 1999 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None Discussion held-Councilman Tucker-Light duty if they are injured on the job questioned if they got hurt at home? Councilman Irish-That is up to the department head the way this is written. They can make a request to come back to work when injured outside of work, the Town Board can take action. RESOLUTION AUTHORIZING AMENDMENTS TO SECTION 706 OF THE TOWN OF QUEENSBURY EMPLOYEE HANDBOOK ENTITLED, "VACATION POLICY" RESOLUTION NO. 138.99 DEFEATED INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury wishes to amend Section 706 of its Employee Handbook entitled, "Vacation Policy" to modify vacation credit for management staff to: 1. provide additional vacation credit for eligible employees during their 1st. through 9th years of employment; 2. accelerate crediting of vacation leave from end-of-year to four month intervals during the entitlement year; 3. authorize limited carry-over of unused vacation leave; and 4. institute a requirement that each manager use a minimum often (10) vacation days every year beginning in the second year of employment; and WHEREAS, the Town Board also wishes to amend Section 706 "Vacation Policy" to modify vacation credit for non-management overtime-exempt employees to: 1. accelerate credit of vacation leave from end-of-year to four month intervals during the entitlement year; 2. authorize limited carry-over of unused vacation leave; and 3. institute a requirement that overtime-exempt employees use a minimum of five (5) vacation days every year in the 2nd through 9th years of employment and a minimum often (10) days every year thereafter; and WHEREAS, the proposed amendments have been presented at this meeting and are in form approved by the Town Board and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the amendments to Section 706 of its Employee Handbook entitled "Vacation Policy" as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to distribute copies of the amendments to all Town employees and amend the Employee Handbook accordingly. Duly adopted this 19th day of April, 1999 by the following vote: AYES: Mr. Irish, Mr. Champagne NOES: Mr. Turner, Mr. Tucker, Mr. Merrill ABSENT: None Discussion held before vote-Councilman Merrill-This sets up really a two tier system and I frankly have a problem with special benefits for a management class that has not been defined. Councilman Irish-I think you define them as management, don't you? Councilman Merrill-Is there anything that defines what management is? Or who... Councilman Irish-Job description written by the County and Amtec. Councilman Merrill-What I support here is the modification for exempt employees to have it apply to all exempt and not have a special one for management employees alone. In otherwords I would support the second proposal. Councilman lrish-I thought you guys had this all worked out that when this came in this was ready to go. Councilman Turner-No. Councilman Irish-The last meeting we had Dick, you said this was fine just make it work and you will go with it and I do not know who pulled your ear between now and then? Councilman Merrill-Nobody has pulled my ear I have given this some thought. Councilman Turner- I too have a problem with it I will tell you right now. Councilman Merrill-I will support the second half modification for all exempt employees. (vote taken) RESOLUTION AUTHORIZING AMENDMENTS TO (706 OF THE TOWN OF QUEENSBURY EMPLOYEE HANDBOOK ENTITLED, "VACATION POLICY" RESOLUTION NO.: 139,1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to amend (706 "Vacation Policy" to modify vacation credit for all overtime-exempt employees to: 1. accelerate credit of vacation leave from end-of-year to four month intervals during the entitlement year; 1. authorize limited carry-over of unused vacation leave; and 1. institute a requirement that overtime-exempt employees use a minimum of five (5) vacation days every year in the 2nd through 9th years of employment and a minimum often (10) days every year thereafter; and WHEREAS, the proposed amendments have been presented at this meeting and are in form approved by the Town Board and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the amendments to (706 of its Employee Handbook entitled "Vacation Policy" as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to distribute copies of the amendments to all Town employees and amend the Employee Handbook accordingly. Duly adopted this 19th day of April, 1999 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Champagne NOES Mr. Irish, Mr. Tucker ABSENT: None Discussion held before vote: Councilman Merrill-I will entertain a motion based around the second half of this resolution, proposed modification for exempt employees. Councilman Irish-So you are considering management as exempt, I mean everybody is in that? Councilman Merrill-All exempt including management, management is part of exempt. Councilman Irish-How are you classifying management then? You just differentiated between exempt and management and yet you are saying... Councilman Merrill-Management is exempt. What I am saying is there is nothing that differentiates management from exempt. Supervisor Champagne-When you say exempt you have to define exempt for me. Councilman Merrill-By State Law, State Labor Law. Town Counsel Schachner-I think he means over time exempt. Councilman Merrill-Overtime exempt, yes. Supervisor Champagne-So, anyone that is exempt whatever level, level one or level six, level five, level four all have the same. Councilman Merrill-We are treating everyone the same. Councilman Irish-So we are giving everybody thirteen days vacation? Councilman Merrill-No ten. Councilman Irish-So, I guess the fact that we have a young lady sitting out here that we made an offer to that kind of included three weeks vacation doesn't mean anything to you that she left a very good job down in the City to come to work for this town and you are going to sit up here and bullshit around like that? That doesn't bother you? Councilman Merrill-Doug I did not make a promise, that was not part of. . . Councilman Irish-You sat there and let Henry Hess make that offer and not one person said no. And now we are going to sit in here after we have an individual that came in here and accepted a job and you guys are going to play politics down there. Councilman Turner-No I do not think so. Councilman Irish-Well everybody else thinks so. Councilman Turner-Well that is your opinion. Supervisor Champagne-Where are we going to go with this, what is your, what I hear you say is the second resolution. Councilman Merrill-proposed modification for overtime exempt employees first year of service ten days to be credited during the year, plus accumulation permitted. Councilman Turner-The only difference there is that they get it before their anniversary. Vote Taken RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR BANKING SERVICES RESOLUTION NO.: 140.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury currently contracts with Evergreen Bank for its banking and deposit account services, and WHEREAS, the agreement with Evergreen Bank expires on June 30th, 1999, and WHEREAS, the Town Controller has recommended that the Town Board solicit proposals for the Town's banking services, such services to include handling of the Town's primary deposit accounts and related services, third-party collateralization and electronic banking, and WHEREAS, the Town Controller has requested Town Board authorization to prepare and distribute a Request for Proposals (RFP) to distribute to qualified commercial banks with banking offices in the Queensbury area and Capital District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Controller to prepare and distribute a Request for Proposals for banking services to qualified commercial banks in the Queensbury area and Capital District, such RFP to conform to New York State Government Finance Officers Association specifications and recommendations and to require that all banks submitting proposals comply with all applicable regulations of the New York State Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Controller to require all banks to submit proposals by the middle of May so that the Town Board may review the proposals and enter into an agreement for the required banking services before the current agreement with Evergreen Bank expires on June 30th, 1999. Duly adopted this 19th 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 FUNDING FOR MEMORIAL DAY PARADE RESOLUTION NO.: 141,1999 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury wishes to sponsor the annual Town of Queensbury Memorial Day Parade to be held on Monday, May 31st, 1999 at 6:00 p.m., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes funding in the amount of $1,200 for the Town's Memorial Day Parade payable to the Queensbury VFW #6196, and BE IT FURTHER, RESOLVED, that payment shall be made from the Celebrations Fund #01-7550-4400. Duly adopted this 19th 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 PURCHASE ORDER FOR COMPUTER LASER PRINTER RESOLUTION NO.: 142,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill 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 Computer Technology Coordinator has advised the Town Board that it is necessary to purchase a new laser printer for the Town Controller's Department for an amount not to exceed $5,763.18, and WHEREAS, the Purchasing Manager has reviewed the documentation concerning the proposed laser printer purchase and has recommended that the Town Board approve the purchase, and WHEREAS, New York State Bidding is not required as the printer to be purchased is under GSA (federal) Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of a new laser printer for the Town Controller's Department from North Country Xerographics in accordance with the GSA Contract for an amount not to exceed $5,763.18 to be paid for from Account No.: 001-1315- 2001, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Computer Technology Coordinator and/or Purchasing Manager to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of April, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING PAYMENT IN LIEU OF TAXES (PILOT) AGREEMENT BETWEEN WARREN-WASHINGTON COUNTIES INDUSTRIAL DEVELOPMENT AGENCY AND NORTHEAST POWER SYSTEMS, INC. RESOLUTION NO.: 143,1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, Northeast Power Systems, Inc. (NEPSI) plans to construct facilities in the Town of Queensbury in the Carey Industrial Park and operate a high-tech business, and WHEREAS, NEPSI has requested an "enhanced" real estate tax abatement for a project being sponsored by the Warren-Washington Counties Industrial Development Agency (IDA), and WHEREAS, under the IDA's uniform policy, the IDA must obtain Town Board approval in order for the IDA to grant an "enhanced" real estate tax abatement because of the location of the project, and WHEREAS, the Town Board has received input from the School District concerning the proposed approval and has duly considered the School District's input, and WHEREAS, the Town Board feels that this particular request should be granted to help foster economic development and high-tech jobs in the Town and support this new high-tech business sponsored by the IDA and which will operate in the Town's Industrial Park, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Warren- Washington Counties Industrial Development Agency (IDA) granting a PILOT Agreement to Northeast Power Systems, Inc., granting an enhanced real property tax abatement to NEPSI as provided in the IDA's uniform policy, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to sign any documentation in form approved by Town Counsel and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of April, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Champagne NOES Mr. Irish, Mr. Tucker ABSENT: None Discussion held before vote: Ltr. Read by Councilman Irish Address to the Board from Bartlett, Pontiff, Stewart, Rhodes and Judge they are the Attorneys for the School Dear Mr. Champagne, Our firm serves as council to the Queensbury Union Free School District. In late March 1999 Janet McCauley the Assistant Superintendent for business for the school district and myself met with Town Councilman Tucker and Town Councilman Irish and representatives of Northeast Power Systems, Inc. to discuss a proposed enhanced council pilot agreement. The Board of Education met on Monday, April 12, 1999 to discuss the request for the enhanced pilot agreement. The purpose of this letter is to advise you that the Board of Education did not approve the enhanced pilot proposal. After reviewing the IDA criteria for enhanced pilot agreements the Board concluded that Northeast Power Systems, Inc. does not meet the criteria. The Board of Education further concluded that the enhanced pilot would be detrimental to the needs of the school district. The Board of Education has no objection to Northeast Power Systems Inc. receiving a pilot agreement pursuant to the customary tax abatement structure contained in the real property tax law section 485b. Should you have any questions please do not hesitate to contact me. Sincerely, Martin D. Auffredou RESOLUTION AUTHORIZING HIRING OF LEE CUTTER AT TOWN LANDFILL/TRANSFER STATION AS PART-TIME CREW CHIEF TO SUPERVISE ROAD-SIDE PICK-UP OF TRASH RESOLUTION NO.: 144,1999 INTRODUCED BY Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 123,99, the Town Board of the Town of Queensbury authorized the hiring of Lee Cutter as a part-time Laborer at the Town Landfill/Transfer Station, and WHEREAS, the Solid Waste Facilities Operator has advised the Town Board that it is necessary to also appoint Lee Cutter as a part-time Crew Chief to supervise road-side pick-up of trash for an amount of$l1 hourly, 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 Crew Chief at an hourly salary of $11 when working as Crew Chief 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 19th 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 Councilman Tucker-Requested that the Town Supervisor set up a meeting with the School Board and the new Superintendent.. . Made the following suggestions on usage of surplus funds: General Fund 600,000 to Drainage for Ward I, II Cronin Road, Ward III Kiley Lane and Ward IV Queensbury Forest and Luzerne Road Henry tells me that for any reason the Board wants to take any money out of these funds all you have to do is reverse the action and it can come out. We arejust moving it so the State Auditors will not tell us, we have got forty six percent surplus in our General Fund and they generally like somewhere in the neighborhood often to fifteen. 500,000 for a proposed library in Queensbury and 500,000 for a proposed sewer line for the Main Street, Corinth Road corridor. Solid Waste 852,256 for the construction of a C&D landfill that will leave a million two. . . Board agreed to have a workshop on the proposal. Councilman Tucker-Questions for the Attorney- Coles Woods tax abatement the four year no taxes is that on what is there now or is that anything that goes in there? Counsel Schachner-Will have to check the agreement. Councilman Tucker-Re: Hudson Pointe Overlook That development is near completion requested a meeting with Mike O'Connor and our Attorney and the Board and settle the 5 Y2 acre land agreement. . . Executive Director Round-Spoke to the Board regarding Open space institute lands... Councilman Irish-Requested a workshop to discuss the setting up of a land conservancy... Executive Director Round-Noted they have been working on that...meeting on the 29th or 30th the Citizens for Queensbury have invited a represented of the Land Trust Alliance which is a clearing house for formation of land trusts. The Environmental Committee met on this, there is interest on the committee so we are looking at putting together a steering committee. . . Councilman Tucker-Questioned what happened to the Cerrone property that was to be given with an endowment to the town, noted that Mr. O'Connor should be contacted on that. 7.2 NEW BUSINESS Q .E.D. C. Meeting will be held Wednesday from 10 to 4 at Hiland Park 8.0 TOWN BOARD WORKSHOP NONE 9.0 ATTORNEY MATTERS NONE 10.0 OPEN FORUM Mr. John Salvador-Questioned why the meeting on the 29th couldn't be opened to the Town. Mr. Lou Stone-It is a public meeting of the Citizens for Queensbury and will be advertised in the newspaper. Mr. John Salvador-The town has filed it correction deed for the gift of land from Mr. DeSantis and a map has also been filed, there is a map and deed but no cross reference. . . noted referencing a tax map number on a deed has little value, by looking at the tax map I think you still have a piece of land that is landlocked. A portion of Big Boom Road is a deeded road, a quick claim deed.. .Re: billboards thought a couple have been abandoned. . . Councilman Tucker-The billboards are being worked on ... Mr. Salvador-Spoke to the board on landlocked land.. Sandy Bay why are we holding it? Councilman Irish-We have a right of way to it. Mr. Salvador-Why isn't it developed? Councilman Irish-We are working on it. Discussion held regarding landlocked land: Town Counsel noted that it is frond upon but there is no prohibition.. . Mr. Lou Stone-Re: Citizens for Queensbury, Open organization, of Queensbury Citizens concerned about the future of Queensbury Meetings Opened next meeting April 29th 7:00 P.M. at Queensbury High School ... public welcome ... program mixture of information and discussion ... raise money by means of contribution, hold annual bike swap and garage sale... Mr. Gilbert Boehm-What contingency plans has the town made relative to Y2K... Controller Hess-Noted that the Technology person is working on it... there is an audit being done which will be completed in two weeks. Mr. Salvador-Spoke on the Lake George Park Commission asking for comments on your storm water management plan... Dr. Mark Hoffman-Re: Indian Ridge two issues 1. Traffic mitigation- reviewed the Scudder engineer report on Phase II of Aviation Road project.. .if undertaken an expensive project 2. Proposal to amend PUD allowing 10 acre set aside as opposed to the 7.1 acre which had been designated for Senior Housing, they would like to give the Town the opportunity to buy this... this would impact the project... Mrs. Barbara Bennett -Spoke on traffic on Dixon Road: the original plan for Indian Ridge called for detouring traffic from Aviation Road onto Dixon Road we have two to three times as much traffic now as when I moved there, it is difficult to back out now we do not need more traffic. Noted there is still heavy traffic on Aviation Road, anything that increases the traffic on either one of those roads isn't to the benefit of anybody that lives in the area. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 145.99 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 moves into an Executive Session to discuss litigation, personnel issues and proposed sale of town property. Duly adopted this 19th 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 AND REGULAR SESSION RESOLUTION NO. 146.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill: RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive and Regular Session. Duly adopted this 19th day of April, 1999 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury