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1999-11-01 REGULAR TOWN BOARD MEETING NOVEMBER 1, 1999 7:00 P.M. MTG#42 RES 358-375 B.H.57-58 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER PRESS POST STAR TOWN OFFICIALS HIGHWAY SUPERINTENDENT, P AUL NAYLOR DEPUTY HIGHWAY SUPERINTENDENT, RICK MISSITA WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY WASTEWATER DIRECTOR, MIKE SHAW DIRECTOR OF BUILDING AND CODES, DAVE HATIN CONTROLLER, HENRY HESS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT, CHRIS ROUND PLEDGE OF ALLEGIANCE LED BY COUNCILMAN IRISH SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 358. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 1st, day of November, 1999, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING ORDERING ROBERT BINGHAM TO CLEAN-UP AND SECURE PROPERTY LOCATED AT II EAST DRIVE, QUEENSBURY OPENED 7:03 P.M. NOTICE SHOWN APPLICANT NOT PRESENT SUPERVISOR CHAMPAGNE-Do we have anyone from the Bingham family or anyone representing Bingham here tonight to lead us off with this? I guess not so David you are on. DIRECTOR OF BUILDING AND CODES, MR. HATIN-What we have here is a situation where a mobile home with an addition has been abandoned by the owner. The owner moved to Honolulu, Hawaii. I did receive a call from his son-in-law today who stated that he was told by his attorney to walk away from the property and leave it as is. His Attorney who is Michael Toomey has been advised of this hearing by certified letter and also I tried to return a call to him today and never received a call back, I tried to reach him a couple times regarding this matter. It is my understanding through the son-in-law that the Household Finance Bank is trying to acquire the property, however, they have not gone through with their steps to acquire the property yet. We still have a mess on the property garbage, rubbish, the home is unsecured the stench in the home is quite prevalent when you enter the door. I also have a letter from Dr. Evans stating that it is a health hazard and should be cleaned up. SUPERVISOR CHAMPAGNE-Comments? COUNCILMAN TURNER-It sounds like it is the only way we can go. COUNCILMAN TUCKER-Yeah, got to put the pressure on. DIRECTOR OF BUILDING AND CODES, MR. HATIN-I've tried as much as I can do from my end. This notice will put them on notice that they have three days to clean it up otherwise I'm assuming through low bid I'll be authorized to clean it up. SUPERVISOR CHAMPAGNE-Anything at all from the public? I'll close the public hearing and I guess we can vote. PUBLIC HEARING CLOSED 7:05 P.M. RESOLUTION ORDERING ROBERT BINGHAM TO CLEAN-UP AND SECURE PROPERTY LOCATED AT 11 EAST DRIVE, QUEENSBURY RESOLUTION NO. 57. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury's Director of Building and Codes and Local Health Officer previously advised the Town's Local Board of Health that property owned by Robert Bingham, II East Drive, Queensbury (Tax Map No.: 93-3-8) is scattered with garbage and debris, easily accessible to children, the general public and animals, and unsafe to the general public and therefore recommended that the Board of Health take action if the property owner failed to clean-up and secure the property, and WHEREAS, on October 4th, 1999, the Local Board of Health declared this property to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous, and ordered Mr. Bingham to commence cleaning-up and securing the property, and WHEREAS, the Local Board of Health held a hearing concerning the property on November 1st, 1999 and notice of this hearing was served in accordance with the provisions of the New York Public Health Law, and WHEREAS, the Director of Building and Codes has advised the Local Board of Health that he inspected the property on this date and in his opinion, Robert Bingham has not commenced cleaning-up and securing his property located at II East Drive, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that Robert Bingham has not commenced cleaning-up and securing the property located at II East Drive, Queensbury, such property being a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous, and BE IT FURTHER, RESOLVED, that Town of Queensbury Local Board of Health, in accordance with the New York Public Health Law, hereby orders Robert Bingham to abate the nuisance and health hazard by cleaning up the garbage and debris within 3 days of the date of service upon Mr. Bingham or posted on the property, and BE IT FURTHER, RESOLVED, that if the nuisance is not abated within such time, then the Local Board of Health hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to clean-up the property immediately in accordance with the emergency provisions of the New York Public Health Law, and BE IT FURTHER, RESOLVED, that in accordance with the New York Public Health Law, Robert Bingham is responsible for the clean-up expenses and the Local Board of Health authorizes and directs Town Counsel to commence an action for a Court Order authorizing the clean-up and/or institute an action to collect the cost of the clean-up, including legal expenses, if necessary. Duly adopted this 1st day of November, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 58. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish Resolved, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 1st day of November, 1999, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING EXTENSION NO.3 QUEENSBURY TECHNICAL PARK SEWER DISTRICT - MAP SHOWN OF DISTRICT OPENED 7:06 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Anyone here to speak to that? DEPUTY DIRECTOR OF WASTEWATER, MIKE SHAW-This public hearing is on the Technical Park Sewer District Extension NO.3. This extension is actually the Town taking ownership of a sanitary sewer line along Luzerne Road which is currently privately owned by CVS and West Glens Falls Fire Company. By the Town taking ownership of that we will be able to offer along that area where the sewer main is now installed service and possibly offering service for people in the future up Luzerne Road. We've hired Tom Jarrett, Jarrett and Martin Engineering to do a Map, Plan, and Report of that project. I guess this time Tom will give you an overview of that. TOM JARRETT, OF JARRETT & MARTIN ENGINEERING-I'll take the microphone and show you the proposed district limits. We'll do the best we can here to show everybody the public and the board what we're proposing. The top of the sheet here is to the north and along the right hand edge of the sheet is the border between the Town and the City of Glens Falls. The proposed district is outlined in heavy bold pen, essentially the line was constructed by CVS and the West Glens Falls Fire Company from Western Avenue near Cool Beans westerly to Veterans Road it terminates right now in the parking lot of the West Glens Falls Fire Company. The proposal was made to form a sewer district to encompass not only those properties, but any properties along that route that wish to be included in the sewer district. The sewer line was constructed by West Glens Falls Fire Company and CVS so there is no additional charge to other property owners that wish to join the district. The proposal is made that additional property owners that want to join the district would bear the cost for forming the district which was estimated in the report prepared at four thousand dollars. That boils down to approximately a dollar ten per gallon, excuse me per thousand gallons of water use for commercial users. We've boiled it down to seventy five dollars per bedroom for residential users that wish to join the district. There is also a capital charge to purchase capacity from the City of Glens Falls for treatment for residential owners that cost has already been included in the seventy five dollars per bedroom. For commercial users that turns out to be a dollar thirty five per thousand gallons of average daily flow of metered water usage. Sewer laterals are going to be the responsibility of each property owner and operation and maintenance cost are estimated at two dollars and twenty cents per thousand gallons of metered water usage. Again, there is no capital cost charged to members of the district because the sewer is already in place. Is there any questions at this point? SUPERVISOR CHAMPAGNE-Anything from the public? Yes, Betty? BETTY MONAHAN, SUNNYSIDE-Just a matter of curiosity since Glens Falls is working on that area Veterans Park whatever you want to call it and I understand the Town is cooperating with them is there capacity in this sewer line to extend it to that area? DEPUTY DIRECTOR WASTEWATER, MR. SHAW-The parcels that the City owns along Veterans Road had been included in the district for future use. That line that's in use now is an eight inch line good for approximately four hundred and fifty thousand gallons a day so it would seem that it would serve those parcels. SUPERVISOR CHAMPAGNE-Anyone else the public, Mr. Naylor. PAUL NAYLOR-So the Fire Company paid for the line and now you can tap off their line cause they come up with it first, you don't pay them nothing back? MR. JARRETT-The two owners that wanted service paid for that line that's correct. MR. NA YLOR- They are going to get stuck with it. MR. JARRETT-They are planning to turn it over to the Town. MR. NAYLOR-But, they get nothing back for what they invested originally? MR. JARRETT-I believe that's the arrangement. SUPERVISOR CHAMPAGNE-Anyone else? The public? The Town Board? I just want to compliment certainly Mike and Ralph. It's been my opinion when the private sector comes in and does the installation and installs the pipe and installs the system that it is just a wise idea for the Town to take that over and to establish a Map, Plan, and Report that allows other users, potential users or even future users, especially Veterans Park to be a part of that district so that's our reason and rational for including Veterans Park. If industry comes in and knocks on our door that's a perfect location at a price that's quite reasonable as far as sewer and water is concerned. If my memory serves me correctly Paul getting back to your concern the lion share of that was CVS obviously and there was a tap on the fire companies piece of responsibility a good portion of that was CVS and that's the right way to do it. COUNCILMAN TUCKER-I've got a question for Mike. Mike, wasn't there pressure being put on by state agencies to the two owners of this thing to establish the sewer district? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Yes, we did receive a call one time from DEC, Randy Galusha letting us know that CVS and West Glens Falls either had to form a holding company or the line had to be turned over to the Town of Queensbury. Apparently the law requires one of those two things when there is more than one user of a private line. COUNCILMAN TUCKER-So they were agreeable to turn it over to the Town? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Correct. SUPERVISOR CHAMPAGNE-Anything else? PUBLIC HEARING CLOSED 7:13 P.M. PART II - SHORT ENIVORNMENTAL ASSESSMENT FORM EXECUTIVE DIRECTOR, MR. ROUND-You have a short form in front of you for the project. Item A. Does action exceed any Type I, Threshold in 6NYCRR Parts 617.4? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will action receive coordinated review as provided for unlisted actions in 6NYCRR 617.6? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-C. Could action result in any adverse effects associated with the following. C1. Existing air quality, surface or groundwater water quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood characteristics? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat or threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-C4. Community's existing plans or goals as officially adopted or change in use or intensity of use of land or other natural resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? COUNCILMAN TURNER-No. SUPERVISOR CHAMPAGNE-I don't see it. Obviously there could be some potential growth there, but I don't see it as a major impact or significant impact so the answer is no. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Long term, short term, cumulative, or other effects no identified in CI-C5? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Other impacts (including changes in use of either quantity or type of energy? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-D. Will the project have impact on the environmental characteristics that caused the establishment of a CEA? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-E. Is there, or is there likely to be controversy related to potential adverse environmental impacts? TOWN BOARD-No. RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING EXTENSION NO.3 TO QUEENSBURY TECHNICAL PARK SEWER DISTRICT RESOLUTION NO.: 359.99 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 establish an extension to the Queensbury Technical Park Sewer District to be known as the Queensbury Technical Park Sewer District Extension No.3, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency for 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 rilles and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor 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 1st day of November, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPROVING EXTENSION NO.3 TO QUEENSBURY TECHNICAL PARK SEWER DISTRICT RESOLUTION NO. 360. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Queensbury Technical Park Sewer District to be known as the Queensbury Technical Park Sewer District Extension No.3, and WHEREAS, CVS Pharmacy and the West Glens Falls Fire Company, Inc., (Companies) previously obtained approval to construct a sewer line extending along Luzerne Road to provide sewer service to their parcels and by temporary agreement with the City of Glens Falls, this sewer line connects to the City's municipal sewer system, and WHEREAS, the Town of Queensbury has initiated the process to extend the Queensbury Technical Park Sewer District in an effort to serve these parcels and others along Luzerne Road, Queensbury and on April 6th, 1999, the Town conducted a public information meeting to explain the sewer district formation process and invite property owners along Luzerne Road to join the proposed district, and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin, LLP, engineers licensed by the State of New York regarding the proposed extension to the existing Queensbury Technical Park Sewer District to permanently serve the Companies and other interested property owners along Luzerne Road extending from Western Avenue approximately 1f4 mile west to the intersection with Veterans Road, Queensbury, such area consisting of approximately 65 acres of land 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 November 1st, 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 November 1st, 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 in accordance with Town Law, Article 12A, and consolidate the Extension with the Queensbury Technical Park 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: I.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; I.All property and property owners within the extension are benefited; I.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 Queensbury Technical Park Sewer District Extension NO.3 to the existing Queensbury Technical Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk as more specifically described as follows: Beginning at a point at the intersection of the southerly boundary of Luzerne Road with the westerly boundary of Western Avenue, said point being in the division line between the Town of Queensbury on the West and the City of Glens Falls on the East, and running thence from said point of beginning westerly along the said southerly boundary of Luzerne Road 45.59 feet to a point in the easterly boundary oflands now or formerly of Keith F. Cavayero and Elysa H. Baron; thence southwesterly along the said easterly boundary oflands now or formerly of Keith F. Cavayero and Elysa H. Baron 85.12 feet to a point in the northerly boundary of lands now or formerly of Berkshire-Queensbury, LLC; thence southerly along the easterly boundary of said lands now or formerly of Berkshire-Queensbury, LLC 62.74 feet to a point; thence continuing southerly along the said easterly boundary of lands now or formerly of Berkshire- Queensbury, LLC 147.32 feet to a point in the northerly boundary of Main Street; thence westerly along the said northerly boundary of Main Street 171.16 feet to a point; thence northerly along the westerly boundary of said lands now or formerly of Berkshire-Queensbury, LLC 150.00 feet to a point; thence westerly along the southerly boundary of said lands now or formerly of Berkshire-Queensbury, LLC 60.00 feet to a point; thence northerly along the westerly boundary of said lands now or formerly of Berkshire-Queensbury, LLC 63.64 feet to a point in the southerly boundary of the aforementioned lands now or formerly of Keith F. Cavayero and Elysa H. Baron; thence northerly along the westerly boundary of said lands now or formerly of Keith F. Cavayero and Elysa H. Baron 256.04 feet to a point in the southerly boundary of Luzerne Road; thence westerly along the said southerly boundary of Luzerne Road 299.67 feet to a point in the easterly boundary of lands now or formerly of Richard E. and Marie E. Albert; thence southerly along the said easterly boundary of lands now or formerly of Richard E. and Marie E. Albert 290 feet more or less to a point; thence westerly along the southerly boundary of said lands now or formerly of Richard E. and Marie E. Albert and the southerly boundary oflands now or formerly of Duane L. and Monica A. Ricketson 185 feet more or less to a point; thence northerly along the westerly boundary of said lands now or formerly of Duane L. and Monica A. Ricketson 290 feet more or less to a point in the southerly boundary of Luzerne Road; thence westerly along the said southerly boundary of Luzerne Road 206 feet more or less to a point in the easterly boundary of lands now or formerly of Diana S. Tabor; thence southerly along the said easterly boundary of lands now or formerly of Diana S. Tabor 417 feet more or less to a point; thence westerly along the southerly boundary of said lands now or formerly of Diana S. Tabor 60 feet more or less to a point; thence northerly along the westerly boundary of said lands now or formerly of Diana S. Tabor 290 feet more or less to a point; thence westerly along the southerly boundary of said lands now or formerly of Diana S. Tabor 60 feet more or less to a point; thence northerly along the westerly boundary of said lands now or formerly of Diana S. Tabor 150 feet more or less to a point in the southerly boundary of Luzerne Road; thence westerly along the said southerly boundary of Luzerne Road 60 feet more or less to a point in the easterly boundary of lands now or formerly of Susan L. Craton; thence southerly along the said easterly boundary of lands now or formerly of Susan L. Craton 239.82 feet to a point; thence westerly along the southerly boundary of said lands now or formerly of Susan L. Craton 58.80 feet to a point in the easterly boundary of lands now or formerly of Joseph and Elizabeth Viger; thence southerly along the said easterly boundary of lands now or formerly of Joseph and Elizabeth Viger 6 feet more or less to a point; thence westerly along the southerly boundary of said lands now or formerly of Joseph and Elizabeth Viger 60 feet more or less to a point; thence northerly along the westerly boundary of said lands now or formerly of Joseph and Elizabeth Viger 4 feet more or less to a point in the southerly boundary of lands now or formerly of The Town of Queensbury Post 6196 Veterans of Foreign Wars; thence westerly along the said southerly boundary oflands now or formerly of the Town of Queensbury Post 6196 Veterans of Foreign Wars 165 feet more or less to a point in the easterly boundary of Richardson Street; thence northerly along the said easterly boundary of Richardson Street 250 feet more or less to a point in the southerly boundary of Luzerne Road; thence northwesterly crossing Luzerne Road to a point at the intersection of the northerly boundary of Luzerne Road with the easterly boundary of Veterans Road; thence westerly along the said northerly boundary of Luzerne Road 670 feet more or less to a point in the westerly boundary of lands now or formerly of the City of Glens Falls; thence northerly along the said westerly boundary of lands now or formerly of the City of Glens Falls 710 feet more or less to a point in the southerly boundary oflands now or formerly of Niagara Mohawk Power Corporation thence westerly along the said southerly boundary of lands now or formerly of Niagara Mohawk Power Corporation 680 feet more or less to a point; thence northerly along the westerly boundary of lands now or formerly of Niagara Mohawk Power Corporation and the westerly boundary of lands now or formerly of The City of Glens Falls 750 feet more or less to a point; thence easterly along the northerly boundary of lands now or formerly of The City of Glens Falls 260 feet more or less to a point; thence northerly along the westerly boundary of lands now or formerly of The City of Glens Falls 860 feet more or less to a point in the southerly boundary of Sherman Avenue; thence easterly along the said southerly boundary of Sherman Avenue 1200 feet more or less to a point at the intersection of the said southerly boundary of Sherman Avenue with the easterly boundary of Veterans Road; thence southerly along the said easterly boundary of Veterans Road 300 feet more or less to a point in the northerly boundary of Harris Street; thence southwesterly 65 feet more or less to a point in the easterly boundary of Veterans Road; thence southerly along the said easterly boundary of Veterans Road; thence southerly along the said easterly boundary of Veterans Road 1110 feet more or less to a point in the northerly boundary oflands now or formerly of West Glens Falls Volunteer Fire Company No. I; thence easterly along the said northerly boundary of lands now or formerly of West Glens Falls Volunteer Fire Company No. I 450 feet more or less to a point; thence southerly along the easterly boundary of lands now or formerly of West Glens Falls Volunteer Fire Company No. I 620 feet more or less to a point in the northerly boundary of Luzerne Road; thence easterly along the said northerly boundary of Luzerne Road 673 feet more or less to a point in the westerly boundary of lands now or formerly of David and Anna Hunt; thence northerly along the said westerly boundary of lands now or formerly of David and Anna Hunt 158.48 feet to a point; thence easterly along the northerly boundary of said lands now or formerly of David and Anna Hunt 81.05 feet to a point in the westerly boundary of Holden Avenue; thence southerly along the said westerly boundary of Holden Avenue 166.14 feet to a point in the northerly boundary of Luzerne Road; thence easterly along the said northerly boundary of Luzerne Road 192.67 feet to a point in the westerly boundary of lands now or formerly of Christine Grigsby; thence northerly along the said westerly boundary of lands now or formerly of Christine Grigsby 125 feet to a point in the southerly boundary of lands now or formerly of Hayes and Hayes, LLC; thence westerly along the said southerly boundary of lands now or formerly of Hayes and Hayes, LLC 45 feet to a point; thence northerly along the westerly boundary of said lands now or formerly of Hayes and Hayes, LLC 287.16 feet to a point; thence easterly along the northerly boundary of said lands now or formerly of Hayes and Hayes, LLC 115 feet to a point in the westerly boundary of W estern Avenue; thence southerly along the said westerly boundary of Western Avenue 451.12 feet to a point at the intersection of the said westerly boundary of Western Avenue with the northerly boundary of Luzerne Road; thence continuing southerly along the westerly boundary of Western Avenue and crossing said Luzerne Road 50 feet more or less to the point of beginning. 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; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Queensbury Technical Park Sewer District Extension NO.3 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; I. 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 New York State Town Law Article 7; and 1. The adoption of a Final Order by the Town Board of the Town of Queensbury; and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk 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 1st day of November, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None CORRESPONDENCE NONE TOWN COUNCILMEN'S COMMITTEE REPORT COUNCILMAN IRISH-Noted the workshop that was going to be scheduled with Queensbury Central they have ask to cancel it and have it rescheduled at a later date. OPEN FORUM RESOLUTIONS DISCUSSION HELD SUPERVISOR CHAMPAGNE-Spoke to the board regarding Resolution 6.9, Resolution Rescinding Resolution 234 of 1964 and Abolishing Position of Deputy Superintendent of Highways and Resolution 6.10, Resolution Establishing Office of Town Engineer noting there was a concern regarding these two resolutions. COUNCILMAN TURNER-I would move to table it because these two resolutions haven't even been in front of the Highway Committee there is obviously some important issues here and they should be discussed and reported back. COUNCILMAN IRISH-We did discuss these with Mr. Merrill at one of our workshops that you were absent from and he was fully aware of both resolutions. COUNCILMAN TURNER-There are other issues besides just that. SUPERVISOR CHAMPAGNE-I've got a motion on the floor to table it. COUNCILMAN MERRILL-I'll second that. COUNCILMAN IRISH-Are we going to table this or talk about it in a workshop. COUNCILMAN TURNER-Table it for now, right tonight. SUPERVISOR CHAMPAGNE-Let's vote it. COUNCILMAN IRISH-It is a vote to table right? SUPERVISOR CHAMPAGNE-Table, vote. RESOLUTION TO TABLE RESOLUTION RESCINDING RESOLUTION 234 OF 1964 AND ABOLISHING POSITION OF DEPUTY SUPERINTENDENT OF HIGHWAYS AND RESOLUTION ESTABLISHING OFFICE OF TOWN ENGINEER RESOLUTION NO. 361. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill Move to table it because these two resolutions haven't been in front of the Highway Committee there is obviously some important issues here they should be discussed and reported back. Duly adopted this 1st day of November, 1999 by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Merrill, Mr. Champagne Noes: Mr. Tucker AbsentNone ROGER BOOR, QUEENSBURY -Complimented the board noting they have done a good job. Questioned Resolution 6.9, why the board would want to abolish the position and whose idea was it? COUNCILMAN TUCKER-Noted he thought they weren't going to discuss these resolutions. LOU STONE, QUEENSBURY-Asked the credentials of the person that was appointed to the Zoning Board. COUNCILMAN MERRILL-Resident of Ward One. SUPERVISOR CHAMPAGNE-He has been in the Armed Services for a number of years. He has a Bachelor Degree in Criminal Science has taught Criminal Science at Hudson Valley. He has been the Justice of Peace of Brant Lake he seems to have plenty of characteristics in terms of good judgment, we are very fortunate to have this type of person. TOWN COUNSEL, SCHACHNER-Noted his Bachelors in Criminal Science is actually in Behavioral Science. MR. BOOR-Questioned why the resolutions were tabled? COUNCILMAN IRISH-Noted they were tabled. SUPERVISOR CHAMPAGNE-They need further discussion. RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF PETER HIGGINS AS FULL-TIME LABORER FOR DEPARTMENT OF BUILDING AND GROUNDS RESOLUTION NO. 362. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Facilities Manager wishes to hire a full-time Laborer to work for the Department of Building and Grounds, and WHEREAS, the Facilities Manager posted availability for the vacant full-time position, reviewed resumes and interviewed interested candidates, and WHEREAS, the Facilities Manager has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Facilities Manager to hire Peter Higgins for the position of Laborer subject to a six month probation period effective November 2nd, 1999, and BE IT FURTHER, RESOLVED, that Mr. Higgins shall be paid a salary of $11.42 per hour to be paid on a weekly basis from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Controller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of November, 1999 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING HIRING OF TWO TEMPORARY LABORERS FOR DEPARTMENT OF BUILDING AND GROUNDS RESOLUTION NO. : 363. 99 INTRODUCED BY Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Facilities Manager wishes to hire two (2) full-time, temporary Laborers to work for the Department of Building and Grounds until such time that the current employees in these positions return to work, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Facilities Manager to hire two (2) full-time, temporary Laborers to work for the Building and Grounds Department at the 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 Facilities Manager and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of November, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPOINTING JOANNE TOUSSAINT AS PERMANENT SCHOOL TRAFFIC OFFICER (CROSSING GUARD) RESOLUTION NO. 364. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, one of the Town of Queensbury's School Traffic Officers (Crossing Guards) recently resigned and a vacant, permanent position now exists, and WHEREAS, the Town Board wishes to appoint Joanne Toussaint, the current substitute Crossing Guard, to the permanent position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Joanne Toussaint as permanent School Traffic Officer (Crossing Guard) at the current rate of pay for the position to be paid from the appropriate payroll account, 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 necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of November, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING SALE OF SCRAP METAL AND ADVERTISEMENT FOR BID RESOLUTION NO.: 365.99 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 arrange for the sale of scrap metal located at the Town of Queensbury Transfer Station, and WHEREAS, the Purchasing Manager has prepared bid documents for the sale of scrap metal and has presented a copy of these documents at this meeting, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the sale of scrap metal located at the Town of Queensbury Transfer Station, and BE IT FURTHER, RESOLVED, that the Town Board approves and authorizes the bidding documents presented at this meeting and further authorizes and directs the Town Purchasing Manager to publish an advertisement for bids for the sale of the scrap metal, and BE IT FURTHER, RESOLVED, that any funds obtained from the sale of said scrap metal shall be deposited in the appropriate Town Account. Duly adopted this 1st day of November, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES : None ABSENT:None RESOLUTION AUTHORIZING AGREEMENT WITH NIAGARA MOHAWK POWER CORPORATION TO CHANGE SERVICE CLASSIFICATION FOR TOWN WATER TREATMENT PLANT RESOLUTION NO. 366. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury Water Treatment Plant currently receives Niagara Mohawk Power Corporation service for Account No.: 51240-36107 under Niagara Mohawk Service Classification 3 as part of Niagara Mohawk's former "Priced to Grow Program," and WHEREAS, Niagara Mohawk has advised the Town that it has eliminated the Service Classification 3 under the "Priced to Grow Program" and has offered to provide Town Account No.: 51240- 36107 with a new service classification entitled, "SC-12 optional transition rate," and WHEREAS, the Town Water Superintendent and Purchasing Manager met with Niagara Mohawk to discuss the new service classification and have recommended to the Town Board that the Board authorize the Town's change of service classification for Account No.: 51240-36107 to Niagara Mohawk's SC-12 optional transition rate as the Town will eventually see a cost savings, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes a change in Niagara Mohawk Power Corporation service for Town Water Treatment Plant Account No.: 51240-36107 to the SC-12 optional transition rate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an agreement with Niagara Mohawk in form to be approved by Town Counsel and authorizes and directs the Town Supervisor, Water Superintendent, and/or Purchasing Manager to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of November, 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.: 367.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, certain Town Departments have requested fund transfers for the 1999 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1999 Town Budget be amended as follows: WATER: FROM: TO: $ AMOUNT: 40-8340-2899 (Capital Constr.) 40-8320-2899 (Capital Constr.) 1,900. 40-8340-2899 (Capital Constr.) 40-8320-4240 (Repair & Repl Part) 1,000. Duly adopted this 1st day of November, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT HILAND PARK GOLF CLUB RESOLUTION NO.: 36899 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Alonzo Fireworks Display, Inc., on behalf of the Prospect Child and Family Center, has requested permission to conduct a fireworks display as follows: SPONSOR: Prospect Child and Family Center PLACE: Hiland Park Golf Club DATE: TIME: November 27th, 1999 7:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law (405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of the Prospect Child and Family Center, subject to the following conditions: LAn application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. A. The date and time of day at which the display is to be held. A. The exact location planned for the display. A. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. A. The number and kind of fireworks to be discharged. A. The manner and place of storage of such fireworks prior to the display. A. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Bay Ridge Volunteer Fire Co., Inc., 1. Clean-up of the area must be completed by 10:00 a.ill., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 1st day of November, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ADOPTION OF QUEENSBURY ACTIVITIES CENTER USE POLICY AND RULES RESOLUTION NO.: 369.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury Activities Center is available for use by members of the community, including civic, social, cultural and recreational groups when not being utilized for Town municipal/governmental functions and Town-sponsored functions, and WHEREAS, the Town Board wishes to adopt an Activities Center Use Policy and Rules which shall govern use of the building by outside groups, and WHEREAS, the Policy and Rules has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the Town of Queensbury Activities Center Use Policy and Rules 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 Policy and Rules to the Activities Center Coordinator and all Town Departments. Duly adopted this 1st day of November, 1999 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT :None RESOLUTION AUTHORIZING ENGAGEMENT OF AMTEK MANAGEMENT SERVICES CORP. TO PROVIDE HUMAN RESOURCE MANAGEMENT SERVICES RESOLUTION NO.: 370.99 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 engage the services of a professional consulting firm to provide human resource management services through October 31, 2000, and WHEREAS, AMTEK Management Services Corporation, in its proposal presented at this meeting, has offered to provide these professional services for the amount of $2,400 plus an additional cost of $.31 per mile for travel expenses, to be billed in twelve (12) equal monthly installments of $200 each, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes engagement of the services of AMTEK Management Services Corporation to provide human resource management services through October 31, 2000 for the amount of $2,400 plus travel expenses at $ .31 per mile, to be billed in twelve (12) equal monthly installments of $200 each, to be paid for from 1999 appropriation account #001-1430-4720 for the months of November and December, 1999 and from 2000 appropriation account #001-1430-4720 for all subsequent payments, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute any documents in form approved by Town Counsel and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of November, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: Mr. Turner ABSENT:None RESOLUTION AUTHORIZING DIRECTOR OF WASTEWATER TO RECEIVE PROPOSALS FROM ENGINEERING FIRMS FOR PREPARATION OF MAP, PLAN AND REPORT FOR PROPOSED SEWER DISTRICT TO SERVE WARREN AND WASHINGTON COUNTIES INDUSTRIAL PARK RESOLUTION NO.: 371. 99 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 engage the services of a professional engineering firm to prepare a map, plan and report for the consideration of sewer improvements to serve the Warren and Washington Counties Industrial Park located in the general vicinity of County Line Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town's Director of Wastewater to receive proposals for the preparation of a map, plan and report for the consideration of sewer improvements to serve the Warren and Washington Counties Industrial Park located in the general vicinity of County Line Road, Queensbury. Duly adopted this 1st day of November, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPOINTING CHARLES ABBATE TO ZONING BOARD OF APPEALS RESOLUTION NO. 372. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Zoning Board and the Town Board wishes to appoint a replacement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Charles Abbate to serve as a member of the Queensbury Zoning Board of Appeals, such term to expire on December 31 st, 2004. Duly adopted this 1st day of November, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None PLANNED DISCUSSIONS SUPERVISOR CHAMPAGNE-Noted there was an issue with the West Glens Falls Fire Insurance Funds that was being held have received word that these funds need to be released asked for consensus of the board. COUNCILMAN MERRILL-Agreed. COUNCILMAN TURNER-Agreed. COUNCILMAN IRISH-No. COUNCILMAN TUCKER-Questioned why the Town ends up getting this money? Asked if it could go directly to the fire company? CONTROLLER, MR. HESS-Thinks it can. They can apply to have it go to them and they probably will do that in the future. COUNCILMAN TUCKER-Asked if they don't why doesn't Mr. Hess apply and tell them to send it to them? COUNCILMAN IRISH-Questioned if we have received their paperwork? CONTROLLER, MR. HESS-No. COUNCILMAN TUCKER-Voted no. SUPERVISOR CHAMPAGNE-Noted Thursday is the public hearing on the budget at seven o'clock. Spoke to the board regarding a memo from counsel's office noting their concern about the warranty for Govern Software, noting he feels the contract needs to be signed. CONTROLLER, MR. HESS-Noted he respects counsels opinion on that issue, but it is really more geared toward if you are buying a custom package. This is not the case here this is a can package that we have the opportunity to go out and evaluate for our needs this is the difference between counsel recommendation and what the practical issue is here, personally feels comfortable with their warranty. COUNCILMAN MERRILL-Feels comfortable with it. SUPERVISOR CHAMPAGNE-Your all set with it? COUNCILMAN IRISH-Yes. COUNCILMAN TUCKER-Yes. COUNCILMAN TURNER-Yes. TOWN BOARD WORKSHOP COUNCILMAN IRISH-I would like to talk about Resolution 6.9, and 6.10. I'd like to know what Ted's concerns are with both of these. COUNCILMAN TURNER-First of all you are going to eliminate the Deputy's job so who takes over after the Superintendent is not there if he is on vacation or off sick the union doesn't take over. COUNCILMAN IRISH-If! remember correctly the Highway Committee came to the Town Board and talked about creating a position for a Supervisor over there because of their concern with Paul Naylor leaving and the lack of experience. If that were to happen I would assume that Supervisor who would be a non-union employee would be able to run that show over there for indefinitely, I guess. COUNCILMAN TURNER-That's not the case. COUNCILMAN IRISH-WeIl you asked me what was going to happen. COUNCILMAN TURNER-I'm just telling you the guy that you are talking about doesn't want to be non- umon. SUPERVISOR CHAMPAGNE-Anything else? COUNCILMAN TUCKER-Mr. Boor asked the question who was the father of this thing, I guess I am. One of the reasons I am it is public knowledge that the gentlemen that Mr. Missita has picked to be his Deputy if he wins the position has qualifications of running a clothing store and I understand he is on the road selling books. I was quite concern along with Ted with having someone there that could run the department and I don't believe that qualifies him to run the department. DEPUTY HIGHWAY SUPERINTENDENT, MR. MISSIT A-Thank you for your vote of confidence I'm going to win. SUPERVISOR CHAMPAGNE-I'm going to ask please there is no sense in getting into a dog fight. COUNCILMAN TUCKER-Why not. SUPERVISOR CHAMP AGNE- Y ou are a board member you have a right to speak. COUNCILMAN TUCKER-And my view of the whole thing was that I've been involved in government here for a long time, been on the board a couple times and the information that always came to me that this was an appointment by the State the Highway Superintendent had the right to pick his own Deputy and if he didn't do it in five days the Town did it as it turns out it is a board action. I felt if we abolish this that the new board coming on could choose what direction they want to go. There has been plenty of talk on this board and there has been plenty of talk on other boards about hiring a Town Engineer establishing the Town Engineers position. I know we have two resolutions here tonight and I'm responsible for both of them. As far as the resolution for a Town Engineer I would withdraw that and allow the next board to decide what they want to do. It gives the board an opportunity to interview people for the Deputy's job over there and I gather were going to need somebody over there that is qualified. COUNCILMAN IRISH-I agree with Pliney that I think it is time that the Town of Queensbury is growing enough and probably could warrant a Town Engineer. That's not to say they should hire one regardless of the cost to the Town. In looking at what the cost of a Deputy Highway Superintendent is as far as salary and benefits and the need for an engineer to review Town highway repair work, drainage, that type of stuff as well as working with the Water Department, Sewer Department, the Planning and Zoning Department to review site plans whatever happens to come in front of their boards it just made more sense to me that our money could be better spent with a qualified P.E. that could work with the Town Highway Superintendent to go over any construction that they may have and lend his expertise to the other boards that are involved in the Town probably for not much more or maybe less that what we're paying the present Deputy Superintendent over there. My thinking would be to hire an engineer shortly out of college one or two years out of college that you could probably pick up for a reasonable yearly salary to begin with and let him grow into the job. The Deputy's job over at the Highway Department as far I know at this point has been administrative which is what Rick has been doing for his length of time over there and that's not a bad thing and that's not to say we don't need somebody to do that. If indeed Rick happened to be the new Superintendent of Highways he is well versed in the administrative end of it over there. I'm not so sure that he is that well versed in the construction end of it and that concerns me. The cost of rebuilding and constructing highways in the Town of Queensbury is quite substantial I would say that is probably more so than some of the surrounding communities in our area. It make sense everybody talks about moving into the next millennium this is a good opportunity to move away from what really could be consider a position of nepotism here as far as the Deputy is concerned. I mean if you were to appoint somebody with a background in construction I could understand this position being kept there. As I understand it that consideration isn't being met by at least Mr. Missita with his candidacy so I would be in favor of abolishing that position and also in favor of establishing the office of a Town Engineer. Whether we fill that position or not isn't really that important to me, but I think it gives the next Town Board at least a new direction to go and probably a positive one from my standpoint. SUPERVISOR CHAMPAGNE-Anything more from this side of the table? COUNCILMAN TURNER-I'm against hiring a Town Engineer because the work isn't there for a Town Engineer. If you start spreading him allover the place you are not going to get anything done. If you are going to put him in Planning take him out of Highway it doesn't work they tried it once before and it never work so that's my position on the engineer. COUNCILMAN MERRILL-I think we clearly need more information on this. I like to see a cost benefit analysis. I like to determine what our outside engineering cost have been. We need to talk about job classification, scope of responsibility, position should be review with the staff, department heads. I think this is very premature. SUPERVISOR CHAMPAGNE-Okay we have three votes to table it, does it remain tabled then is that what I understand? COUNCILMAN TURNER-Yeah. COUNCILMAN TUCKER-I've got a question from Henry before we slide from that. We adopted the budget right? CONTROLLER, MR. HESS-No. COUNICILMAN TUCKER-It is an official budget to be adopted? CONTROLLER, MR. HESS-You have a official tentative budget. COUNCILMAN TUCKER-There are no funds in that budget for Deputy Highway Superintendent is there? CONTROLLER, MR. HESS-There is no position identified for Deputy Highway Superintendent. COUNCILMAN MERRILL-It is in contingency. The funds are in contingency, correct? CONTROLLER, MR. HESS-The Town Board has contingency funds for payroll, during discussion it was earmarked to provide supervision in the Highway Department there is no contingency specifically marked for Deputy. COUNCILMAN TUCKER-That will be the action of the new board coming in won't it? CONTROLLER, MR. HESS-I assume so, yes. COUNCILMAN TUCKER-I mean if there is any action taken on moving funds around to fund this position it will be by the new board. CONTROLLER, MR. HESS-Let' me just say this. Once the budget is adopted by the Town Board this board will not change it any further it will then go to the new Town Board who will make any changes to it. SUPERVISOR CHAMPAGNE-Right now there is a law on the books, resolution on the books that says there will be a Deputy Superintendent for Highways. Whatever the hell we are talking about the money issue it's got nothing to do with that position. We've got to void that resolution in order to get that position out of there if that's what the board chooses to do. COUNCILMAN IRISH-Yeah, but there is no salary in there January 1st for that position. COUNCILMAN TUCKER-Unless we have on of our little special meetings. SUPERVISOR CHAMPAGNE-It's in contingency. COUNCILMAN IRISH-It is not a line item for Deputy Highway Superintendent. COUNCILMAN TURNER-You can roll the money into it. COUNCILMAN IRISH-The next board can do anything they want with it as far as salary. I just hope the next board has a little bit more gooneys than this one. COUNCILMAN TUCKER-Spoke to the board regarding the drainage problem on Luzerne Road noting he received a price to get it done. It will take a day and a half to do it will be a post-rated job. There is two hundred seventy linear feet of pipe, traffic control, asphalt, top soil, seeding, a couple of thirty inch catch basins total price of $8,085.70. Has spoken with the Water Superintendent he will allow us to put it to the south of his water line in the right-a-way. We have to cut through two blacktop driveways so we have to put the blacktop back will have to put the blacktop back. The peoples lawns run right out into the right-a- way will have to seed them. Has spoken with Tom Nace this is part of the surveying that he did for the drainage for Queensbury Forest. Will have to have an engineer and surveyor on it, looks like it will come in under ten thousand dollars noting will not have to go out to bid. COUNCILMAN TURNER-Questioned where the price came from? COUNCILMAN TUCKER-Galusha. COUNCILMAN TURNER-Questioned if this takes care of Mr. Pratt's problem and who else? COUNCILMAN TUCKER-Going east to the catch basin on the same side of the road. It will be him and his next door neighbor. There will be a catch basin at the next door neighbor going towards the power line. COUNCILMAN MERRILL-Questioned if he reviewed this with Mr. Nace? COUNCILMAN TUCKER-Yes, noting probably could put him on board as an engineer. SUPERVISOR CHAMP AGNE- This is kind of a new approach to getting work done under these conditions as far as drainage is concern. Noted his concern should negotiate with the union first could be taking work away from them which is part of the contract. COUNCILMAN TUCKER-Noted only reason taking work away from them is the Highway Superintendent won't do this. SUPERVISOR CHAMPAGNE-Need to have this resolved. COUNCILMAN IRISH-Recommended having Counselor Mr. Hess get together with the union or Bill Lockner. SUPERVISOR CHAMPAGNE-Noted that is step number one. COUNCILMAN MERRILL-Noted would like to hear Mr. Naylor's side of the story. HIGHWAY SUPERINTENDENT, MR. NAYLOR-When Connie Goedert was on the board she hired an engineer to look at that situation, noting this has noting to do with the road. Putting two layers of blacktop on Luzerne Road cuts no ice on drainage. There is a whole drainage system put in there that the Feds paid for they didn't worry about that house and it wasn't forty years ago. COUNCILMAN IRISH-Asked Counsel to find out what the legal ramifications are if the Town subs the job out. DEPUTY HIGHWAY SUPERINTENDENT, MR. MISSITA-Asked if this was going to be in the right-a- way? COUNCILMAN TUCKER-In the right-a-way, but not in the blacktop. DEPUTY HIGHWAY SUPERINTENDENT, MR. MISSITA-They need to come to our department for the permit to do the job. ATTORNEY MATTERS NONE OPENFORUM 7:58P.M. JOHN STROUGH, QUEENSBURY-Spoke to the board regarding his attendance at a New York State sponsored program on Planning Board noting they did mention that a Town Law could be enacted that would give the Planning Board a review over all roads that would be re-paved or re-built. SUPERVISOR CHAMPAGNE-Would need to see it in writing. COUNCILMAN MERRILL-Asked counsel to look into this. TOWN COUNSEL, MR. SCHACHNER-Can answer question now. A Town does have the legal right to include within the Planning Board site plan review authority new roads or modifications of existing roads. The enabling legislation authorizing Planning Board to conduct site plan review is pretty broad ranging if Town Boards want to give Planning Boards that authority. SUPERVISOR CHAMPAGNE-They have overall approval or disapproval of what maintenance and what happens to those. . . . . . . TOWN COUNSEL, SCHACHNER-They don't have anything unless the Town Board puts it in the local site plan review ordinance. Thinks what Mr. Strough is saying that a Town has the authority to put that in a local law if a Town wishes to do so is generally a correct statement. MR. BREWER-Questioned if that would mean the Planning Board would have authority and not the Town Board? TOWN COUNSEL, MR. SCHACHNER-If our Town Board amended our site plan review section of our Zoning Ordinance to include modifications to existing roads or construction of new roads as things that were subject to site plan review then the Planning Board would then have that authority. SUPERVISOR CHAMPAGNE-Questioned if this has been on the books for a long time? TOWN COUNSEL, MR. SCHACHNER-All that's on the books is the enabling legislation that authorizes Town's to create Planning Boards, to empower those Planning Boards to conduct site plan review of various proposed uses. That authorization has been as long as there has been Planning Boards and site plan reVIew. ROGER BOOR, QUEENSBURY-Spoke to board asking them to consider publishing the Town Board Agenda in the newspaper to benefit everyone. COUNCILMAN IRISH-Noted he thinks it is a waste of Town money noting he picked his packet up on Thursday and now has four agendas it is much easier to put it on the web site. MR. BOOR-By having it put in the paper it holds your feet a little bit more to the fire, you can't make these four or five agenda changes. SUPERVISOR CHAMPAGNE-Noted he can't remember ever when a resolution has been taken off, resolutions get added because that is part of doing business in Town government not everything happens on a Monday or a Tuesday. We do our best to get all the packets out on Thursday sometimes it is Friday can't think of a time when we didn't have Friday, Saturday, Sunday, Monday to review what's in here. HIGHWAY SUPERINTENDENT, MR. NAYLOR-Noted he has been Highway Superintendent for eighteen years has seen a lot of good boards once in a while you get a bad board like the old story about a bushel of basket only one or two bad apples, noting this is all he had to say. BARBARA BENNETT, QUEENSBURY-Questioned what the hearing was on Thursday? SUPERVISOR CHAMPAGNE-The budget. MRS. BENNETT-Asked when she could pick up a copy of the budget? CONTROLLER, MR. HESS-Now. MRS. BENNETT-Asked the figures of what the town employment was when Supervisor Champagne started and where it is now? SUPERVISOR CHAMPAGNE-Noted she could call his office and he will gladly give her the figures noting there are fewer employees today than when he started. COUNCILMAN IRISH-Noted it is usually replacing employees not adding. MRS. BENNETT -Asked if anything specific originated the resolution on the policy for the Queensbury Activity Center use? SUPERVISOR CHAMPAGNE-Needed to tighten up things that needed to be tighten up. OPEN FORUM CLOSED 8: 15 P.M. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 373. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one personnel item. Duly adopted this 1st day of November, 1999, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 374. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 1st day of November, 1999, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone RESOLUTION ADJOURING REGULAR TOWN BOARD MEETING RESOLUTION NO. 375. 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 Regular Town Board Meeting. Duly adopted this 1st day of November, 1999, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None AbsentNone No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury