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2000-08-07 REGULAR TOWN BOARD MEETING AUGUST 7,2000 7:00 p.m. MTG. #34 RES. 313-330 BOH 25-26 LL#8 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JAMES MARTIN 1.0BOARD OF HEALTH RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 313. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health Duly adopted this 7th day of August, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KAREN CULVER AND ROBERT RICCIO RESOLUTION NO.: 25,2000 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Karen Culver and Robert Riccio have applied to the Local Board of Health for three (3) variances from Chapter 136 as follows: 9. (136-11(B) of the Town Code requires applicants to obtain a variance for all holding tanks and the applicants have requested a variance to allow a holding tank; 10. The applicants have requested a variance to locate the proposed holding tank six inches (6") from the dwelling rather than the required ten feet (10') setback; and 11. The applicants have requested a variance to locate the proposed holding tank five feet (5') from the property line rather than the required ten feet (10') setback; on property located at 124 Sunnyside North, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 21st, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Karen Culver and Robert Riccio's sewage disposal variance application concerning property located at 124 Sunnyside North, Queensbury and bearing Tax Map No.: 50-1-84 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 property as required by law. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 26.2000 BOH INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back into Regular Session. Duly adopted this 7th day of August, 2000 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None 2.0PUBLIC HEARINGS PROPOSED LOCAL LAW REGULATING CONSTRUCTION, REPAIR AND MAINTENANCE OF SIDEWALKS IN THE TOWN OF QUEENSBURY NOTICE SHOWN SUPERVISOR BROWER-Opened the Public Hearing...Is there anyone in the audience that care to speak in favor or opposing this particular proposed law. MRS. BETTY MONAHAN-On page 2 Section 3, question; the owner of premises abutting on any Town Road, Town Road does that mean the paved highway does it mean whatever right of way the Town has there the width of it or what? COUNCILMAN TURNER-It would be the paved highway, Betty. MRS. BETTY MONAHAN-So you could have land in between that the Town owns but it is not abutting on the Town highway, town road, we are talking about paved. COUNSEL HAFNER-It is abutting, it is abutting town road, it is abutting town property that is a road if it is a road by dedication it would be the edge of the property that is dedicated which may have area between the blacktop and the side walk otherwise it is a road by use in which case it is going to be right next.. MRS. BETTY MONAHAN-What I am referring to Bob is specifically and it is at different times over the years the Town has required a different amount of width to be deeded to the Town in order for a highway to be built has not always been fifty feet there has been if you look at the records there are other times it is forty, forty eight there is quite a miss match. COUNCILMAN BREWER-But wouldn't that mean Betty MRS. BETTY MONAHAN-Wait a minute, I want to get my question. So, what I am asking is are we saying, I am going to use the fifty foot right of way as an example, ok. Are we saying abutting on the fifty foot right of way or are we saying abutting on the paved highway? COUNSEL HAFNER-I do not see what the difference is? MRS. BETTY MONAHAN-Well, there is a lot, a road to most people is the paved section of the right of way, and I am asking if that is how this is to be interpenetrated or is it to be interpenetrated that is it adjacent abutting on the land that the Town owns beside the paved highway? COUNCILMAN HAFNER-I think it is what you just said as what the intention is, it is the right of way whether its all paved or only the middle part is paved. MRS. BETTY MONAHAN-Now, my second question is and you know the Town has just lost one court case on treating different things differently, discrimination isn't this discrimination when you treat something different, that is adjacent to town roads than is adjacent to County and State Highways. COUNCILMAN BREWER-No. MRS. BETTY MONAHAN-Why not? COUNCILMAN BREWER-Well in my opinion is we do not plow State and County Highways they are not ours. MRS. BETTY MONAHAN-I do not see what that has got to do with it, frankly. COUNSEL HAFNER-Would you like me to help with this Tim? COUNCILMAN BREWER-Absolutely. COUNSEL HAFNER-What this section does that you are saying is discriminating is discriminating no more than State Law already does. MRS. BETTY MOANHAN-I realize that. COUNSEL HAFNER-So, it is maintaining exactly the same as what you call discrimination, what we call treating different circumstances differently as the State legislature has already set up. MRS. BETTY MONAHAN-And I realize that Bob, but I can also remember way back probably before you were born when commercial properties paid a bigger share of all the budgets around then private properties did and finally that was kicked out even though that had been going on for years. To me this is very discriminatory and I think it puts an unfair burden on the people who live along the Town roads and plus the fact as I have said before in our winter weather it is almost impossible to keep sidewalks open around here and you can go down to the City of Glens Falls and look at any sidewalk during the winter not that the people do not try but because of thawing and the freezing so that you could leave your house in the morning and have a sidewalk perfectly safe by the time you came home at night you have a very unsafe sidewalk and I think you are opening to these people to a lot of law suits and liabilities that they should not have. SUPERVISOR BROWER-Thank you, Betty. Mr. Salvador MR. JOHN SALVADOR-My name is John Salvador, I would like to address Section 3 B, Sidewalks adjacent to County and State Highways. This states when authorized by the Town Board, what if it hasn't been authorized by the Town Board whose responsibility is it to keep the snow and ice from such sidewalks? SUPERVISOR BROWER-Bob, do you want to comment on that? COUNSEL HAFNER-Frankly that is not clear under the law. It is not the Town's responsibility under the law unless the Town authorizes it. This section just merely restates what that statutes which you have seen, may have in front of you says. Mr. JOHN SALVADOR-Section 140-18 reads as follows, and these are I am reading, Section 140 is entitled General Powers and Duties of the Town Superintendent. These are musts. Ok. COUNCILMAN BREWER-Town Superintendent, Highway Superintendent? MR. JOHN SAL V ADOR- They refer to Town Superintendent here because way back in the 1800's there was only one Town Superintendent there was only one function of the town, take care of roads. General powers and duties of the Town Superintendent COUNCILMAN BREWER-I think we have to define who that person is. MR. JOHN SALVADOR-It is the Highway Superintendent COUNSEL HAFNER-That is the Highway Superintendent, Tim. MR. JOHN SAL V ADOR- The Town Superintendent shall subject to the rules and regulations of the Department of Transportation made and adopted as provided in this Chapter and the following. Eighteen reads, maintain all sidewalks in the Town constructed by the State adjacent to State Highways. That is maintenance. All sidewalks in the Town constructed by the County adjacent to County roads that is maintenance. When authorized by the Town Board caused the removal of snow therefrom and the cost thereof shall be paid shall be paid from the misc. or other town funds. My question is in the absence of your authorizing him to remove snow and ice from Town and County roads who is going to do it? SUPERVISOR BROWER-Probably no one. COUNCILMAN TURNER-No one. MR. JOHN SALVADOR-Probably no one, it my understanding that the reason that you are in all of this that DOT is on you to keep the snow and ice removed from the sidewalks on Route 9. SUPERVISOR BROWER-That is correct. COUNCILMAN MARTIN-In my mind that is only part of it. We are sorely needing a sidewalk policy for the Town, have been for years. COUNCILMAN STEC-We have not had one ever. MR. JOHN SALVADOR-And Route 9 is part of it. COUNCILMAN BREWER-Yes. It is a small part of it. MR. JOHN SALVADOR-Ok. It is a part of it. COUNCILMAN BREWER-And we have to address, and we want to address it and get it done and move one. MR. JOHN SALVADOR-But this doesn't address it, do you agree? COUNCILMAN BREWER-I think it does, I think our intention is the sidewalks that we feel need to be cleared will be cleared by the Town. MR. JOHN SAL V ADOR- The town you folks COUNCILMAN BREWER-The Highway Superintendent or the Highway Department. MR. JOHN SALVADOR-You folks have an obligation to the State of New York to keep the snow and ice removed from the sidewalk, County and State sidewalks that are built by them. COUNCILMAN BREWER-Correct. MR. JOHN SAL V ADOR-Mr. Naylor has an obligation COUNSEL HAFNER-We disagree with that. COUNCILMAN TURNER-No we don't have an obligation. COUNSEL HAFNER-You read the statute, it is only when authorized by the Town Board that is what the words you read say. COUNCILMAN TURNER-This just the way the law reads John, right in the manual. MR. JOHN SALVADOR-That is with regard to the Highway Superintendent, the interface between the State and the Town is the Town has the responsibility how you discharge that responsibility is quite another thing and this is a way of discharging it. But you are not you are reserving that right to authorize. You have the obligation but you are not discharging it in this document. COUNSEL HAFNER-John we disagree with you. COUNCILMAN MARTIN-I do not know whether I disagree with him I think what the wording in the State law is to give us the leeway if we want to privately contract for that removal we have that option or if we want to authorize, obviously we would not have the right of authorization over a private contractor but we do have the ability to authorize the Town Highway Superintendent and that wording I think is to give us that option. Just speaking for me personally that is how I read that language. MR. JOHN SALVADOR-My question is how are you going to discharge your responsibility as a Town Board to keep the snow and ice removed from those sidewalks that have been built by the State or the County bordering State and County roads? COUNCILMAN MARTIN-To answer that, my answer would be my first stop would be the Highway Superintendent and they have got authorization if he has got the equipment and the means to do it then that is my first stop. MR. JOHN SALVADOR-And if he doesn't? COUNCILMAN MARTIN-Then we go to a private contractor. MR. JOHN SALVADOR-But in any case the funds for it come the funds come from the town treasury not the Highway Fund, that is important. COUNCILMAN MARTIN-It is like drainage. MR. JOHN SALVADOR-It is very easy for him to get the equipment, you pay for it. COUNCILMAN MARTIN-I am just saying John, yes at this moment in time at this snap shot in time that is correct, there appears to be the ability and the equipment there but who is to say thirty years from now what path the town takes on it. I do not know. MR. JOHN SALVADOR-You understand that the Town does have an obligation to keep the snow and ice removed. . . . Thank you. COUNSEL HAFNER-No. I do not think that we agree with that I mean we have the obligation if authorized by the Town Board as provided in the Section he quoted, I have never seen a general obligation. MRS. KATHLEEN SALV ADOR-I am a little confused. If I were unfortunate enough to have a business on Route 9 and I had a sidewalk in front of my business how would I know whether I would have to clear the sidewalks, the Town would clear the sidewalks, or a private contractor would clear the sidewalks? SUPERVISOR BROWER-It is up to the Town Board but one or the other will happen. MRS. KATHLEEN SALVADOR-It will happen, how would I know? COUNCILMAN BREWER-It is right here in this law. We have never had a sidewalk policy and we are trying to make one. MRS. KATHLEEN SAL V ADOR-I know but this does not answer my question. COUNCILMAN BREWER-How would you know that it was your responsibility, you wouldn't if you called the Highway Dept. possibly. MRS. KATHLEEN SAL V ADOR-I was always brought up, I was raised in the City of Schenectady and in the City of Schenectady COUNCILMAN STEC-You took care of your own sidewalk. MRS. KATHLEEN SAL V ADOR-a private person or a business had to clear their sidewalks, I have always cleared my sidewalks. COUNCILMAN BREWER-When I was a kid I did my sidewalk every time it snowed. MRS. KATHLEEN SALVADOR-So, I would be under the assumption yes, even though the State put those sidewalks in and I did not want them by golly I have got to clear them because the State is not going to it doesn't look like as though you are going to. COUNCILMAN MARTIN-How are you aware of any other local law that may effect your way of life or provide you with a service? How would you know? MRS. KATHLEEN SALVADOR-How would I know? COUNCILMAN MARTIN-Yea. MRS. KATHLEEN SALVADOR-By reading. Ok. But you haven't got anything. This to me is not clear, well, it is not clear to me and only being a layman but I think you should be very specific as to who is going to clear it not if the Town Board authorizes or when the Town Board authorizes but the Town Board is or is not going to authorize it. SUPERVISOR BROWER-Thank you. COUNCILMAN BREWER-Maybe we should change the wording in here COUNCILMAN STEC-Or add a sentence or add a phrase. COUNCILMAN BREWER-The Town Board will authorize. COUNCILMAN STEC-We could do that COUNCILMAN BREWER-Can we do that? COUNCILMAN STEC-Or we could say when not authorized the responsibilities on the property owner. COUNCILMAN MARTIN-I think it is better just to leave it the way it is and COUNSEL HAFNER-You guys analyzed and discussed quite a bit and this is exactly what the five of you decided in one of the workshop meetings where you discussed this. If you want to change it we can change it but we will have to start again. COUNCILMAN MARTIN-This is what we talked about and he is right, and I think we have to follow through with this with, what is this authorization going to be so that is known as well in a form of a resolution that people can read and can buy and have expectation. SUPERVISOR BROWER-Yes, Sir please MR. DON DANIELS-I am Don Daniels SUPERVISOR BROWER-Where do you live Mr. Daniels? MR. DON DANIELS-Queensbury Several years ago the State tried to put those sidewalks on Route 9 when Steve Borgos was the Supervisor and he made one simple request of them if they were going to take care of them they could put them in if they do not want take care of them don't put them in. And the answer was then we will not put them in, so they didn't put them in. Now, on the July 13th addition of the Post Star in Greenwich they are debating the same thing here and this fellow Thomas Klingerman from the Department of Transportation he had a meeting over there and some people asked him about the sidewalks and he says that the Town would need to make a commitment to maintain the sidewalks if they wanted sidewalks. Now that is the same that this Town would have to do and I do not know if anybody signed a commitment with the State to maintain those sidewalks when they put them in. The State wanted those sidewalks and they put them in. SUPERVISOR BROWER-We used to have a choice it is my understanding from talking to previous Supervisors they used to ask us do you want sidewalks or don't you, the typical answer was we don't want sidewalks. Now, because of the Americans for Disabilities act the Federal Government has indicated to the States if you get any federal funds to aid you in the construction of roadways, sidewalks will be mandatory and you have no choice even though Fred Champagne's administration had no choice when the State came and decided to put sidewalks in. MR. DON DANIELS- It seems like..July 13th this is current and the sidewalks were put in last year and they say that they have to sign a commitment so they still get the right to either sign a commitment or not sign a commitment. We did not sign a commitment last year or two years ago whenever this was decided. SUPERVISOR BROWER-We have never signed a commitment and yet as a matter off act I even asked DOT about that and they said you will be required to maintain these sidewalks even if you do not accept the deed to the sidewalks, but they haven't deeded them over to us this summer. MR. DON D ANIELS- Y ou know when they built those sidewalks, no one was consulted as to where exactly we wanted them the sidewalks that in front of my business are connected to the curb there is no space in between them. When we talk about the City of Schenectady or the City of Glens Falls the snow plows are rumbling down the street in the middle of the night going about five or ten miles per hour and there is five or six feet of grass and trees between the curbs and the sidewalks so most of the hard packed ice goes in that space. If we are talking about moving snow it is not too much of a problem moving a foot of snow that is on your sidewalk if you have the ice in the grass space. But, most of those sidewalk that are up there are there is little grass spaces that are about six inches you can't even mow it you have to use a weed whacker or something and there are a few of them that are farther back. I am not sure how their reasoning was for Niagara Mohawk to put their telephone poles but Niagara Mohawk has some of the poles in a space some of them on the other side of the sidewalks but when those trucks go down through Route 9 and most of the areas throughout the Town of Queensbury they are going thirty or forty or fifty miles per hour. They are going fast in the middle of the night there is very little traffic and they push this hard packed snow which is on the road now that is all packed up with sand and everything and it becomes slush that freezes over by the time morning comes so all the residents are stuck with moving ice not snow. Everybody is going to be dumping salt and all kinds of de-melters the sidewalks will be destroyed within a few years because of all the methods that people are going to try and use to get these sidewalks clear of ice. They will be chipping away with ice choppers and everything when you make a ruling those sidewalks will be destroyed. We talk about the Americans with disabilities the sidewalks are really nice now, nobody uses them in the wintertime about the only place that I would see that a more regular spot might be used might be Montray Road up to where the Walmart Store starts which is only a short distance because that is the only place where residents are and they go that way but all those stores from where they ended the sidewalks I do not call those sidewalks, do they have to clear what ever you would call that is in front of their stores. They have blacktop and curbs and everything in front of all those stores all the way down there is not what we call sidewalks that are made out of concrete. There is blacktop sidewalks are we calling sidewalks just concrete or blacktop or what? SUPERVISOR BROWER-A sidewalk is a sidewalk generally they are made out of concrete but, I know what you are saying a lot of them are blacktop down through there, down by McDonalds. MR. DON DANIELS-Now, this Klingerman says what he is going to give Greenwich is a sidewalk where it is going to be six feet of roadway up to the edge of the road he is giving them a six foot sidewalk that is level with the road and the plows can plow everything. Then they will wind up with six feet where the people can walk. SUPERVISOR BROWER-That was part of my frustration and my argument with DOT why can't we just widen the shoulders instead of having sidewalks it would make a lot more sense in the North Country when you are plowing in the wintertime. The only thing the guy could tell me was that the pitch of a road, of the edge of a road compared to a sidewalk pitch is different and it is all relating to the American with Disabilities Act. In other words I think it is three quarters of an inch per foot for the shoulder of the road is standard and the maximum on a sidewalk is half an inch per foot slope. Because of that differentiation they were not able to do that. Now, that is frustrating to me but that was the discussion that we had. MR. DON DANIELS-Ok, course we all remember the State made a big issue and forced Queensbury, Warren County and Washington County to build a burn plant and everybody knuckled under to the State and built it and they are allowing landfills allover the State so we just have a big boom doggie there and it seems to me that they are just buffalo everybody in this town into maintaining them when maybe we can fight back and get some funds from them to maintain them if they give us some extra funds for maintaining them. It is a question that can be asked from what I understand here and what I have read and some questions that I have asked you have to sign something with them to say you are going to maintain them and we didn't. SUPERVISOR BROWER-Thank you Mr. Daniels. Anyone else care to address the Board at this time? Yes. Barbara Bennett MS. BARBARA BENNETT-Darleen doesn't have a microphone I do not know if you have read the law can you read the law for me that you are? TOWN CLERK DARLEEN DOUGHER- LOCAL LAW NO.: OF 2000 LOCAL LAW REGULATING CONSTRUCTION, REPAIR AND MAINTENANCE OF SIDEWALKS IN THE TOWN OF QUEENSBURY In accordance with Town Law (130(4) and (10 of the Municipal Home Rule Law of the State of New York, be it enacted by the Town Board of the Town of Queensbury as follows: SECTION 1 - CONSTRUCTION. Sidewalks are not required within the Town of Queensbury, but any sidewalks that are located within the Town shall be constructed, reconstructed and repaired in accordance with the following regulations: A. Materials - 4,000 pound concrete/4" deep/cut wire mesh. B. Grades - level with contour of land, subject to any requirements necessary to comply with the Americans with Disabilities Act (ADA). C. Widths - New sidewalks shall be 5' 0" wide. D. Places of public accommodation, including but not limited to: businesses, restaurants, day care facilities, shopping and recreation facilities are required to comply with the Americans with Disabilities Act (ADA). SECTION 2 - MAINTENANCE AND REPAIR OF SIDEWALKS.. A Sidewalks Adjacent to Town Roads. - If the Town owns the property where such sidewalk has been laid or has an easement which the Town in its absolute discretion deems sufficient, the Town shall repair, maintain, replace and reconstruct such sidewalks. The owner of premises abutting on any Town Road who owns the property where a sidewalk has been laid shall repair, maintain, replace and reconstruct such sidewalks. If any such sidewalk is replaced or reconstructed, it shall meet the requirements of Section 1 above. Nothing herein shall be interpreted to imply that the Town shall be required to accept any dedication of sidewalk property or easements concerning sidewalks. B.Sidewalks Adjacent to County and State Highways. - As provided in Highway Law ~140(18), the Town shall repair, maintain, replace and reconstruct any sidewalks abutting on any County or State Highway. SECTION 3 - SNOW AND ICE REMOVAL. A Sidewalks Adjacent to Town Roads. - The owner of premises abutting on any Town Road where a sidewalk has been laid shall keep the sidewalk in front of the premises free and clear from snow, ice, dirt and other obstructions. Upon failure to do so by the owner or occupant, the Town may provide for the removal thereof at the expense of the owners of such premises and such charge shall become a lien upon the premises benefited thereby until paid. B.Sidewalks Adjacent to County and State Highways. - When authorized by the Town Board as provided in Highway Law ~140(18), the Town Highway Department shall keep sidewalks abutting on any County or State Highways located in the Town free and clear from snow, ice, dirt and other obstructions. SECTION 4 - NON-COMPLIANCE BY PROPERTY OWNER. Any repair, maintenance, construction, reconstruction and replacement under Section 2(A) above which does not comply with these regulations is prohibited. The Town Board shall have the authority, in accordance with Town Law (200-a, to adopt Orders requiring owners of real property abutting a sidewalk who own the property where such sidewalk is laid to maintain, repair, replace or reconstruct such sidewalk in accordance with Section 1 of this Local Law. Such Order shall specify the work to be done and the time allowed for its completion. If within the time prescribed in the Order and Notice, the sidewalks required to be built, reconstructed or repaired shall not have been so built, reconstructed or repaired, then the Board may cause the work to be done and audit and pay the expenses and assess the expense thereof against the property benefited as a whole, as set forth at Town Law (200-a. Notice of any proposed Order shall be given to the property owner by certified mail addressed to each such owner at his/her address as it appears on the assessment roll of the Town, or, in the alternative, by publication of a notice thereof in The Post Star newspaper at least twice, the first publication of which shall be at least fifteen (15) days before the time specified for completion of the work. SECTION 5 - SEVERABILITY. If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 6 - REPEALER. All ordinances, local laws or regulations adopted in conflict with this Local Law are hereby repealed. SECTION 7 - EFFECTIVE DATE. This Local Law shall take effect upon filing in the Office of the Secretary of State. MS. BARBARA BENNETT-Thank you. There is some provision for ordering people to take care of the sidewalks or if you take care of them to bill them. So, speaking of Route 9 up there if you decide to take care of their sidewalks then I think you should bill them for it. I do not think that you should provide the service free and clear unless you are going to provide it for any town sidewalk you put in front of a residence house. If you do it for them up there you should do it for everybody. I do not think that you should do it selectively. COUNCILMAN BREWER-It is not just Route 9 that we are talking about, it's the bridge on Aviation Road which all the students in the school benefit, parents, children, teachers anybody that is in the town we do Main Street, West Glens Falls I think we have done that in the past by the Cemetery where residents walk coming down the road so it is not just those particular people that are going to benefit, in my mind. And besides that State law requires us to do so. MS. BARBARA BENNETT-But you are talking about providing a service up on Route 9. COUNCILMAN BREWER-Not only Route 9 MS. BARBARA BENNETT-Up near the outlets. COUNCILMAN BREWER-Right. MS. BARBARA BENNETT-Where normally they would provide it because the State doesn't. COUNCILMAN BREWER-I do not think I can remember when those sidewalks were ever cleared. SUPERVISOR BROWER-Dave Kenny he did not clear sidewalks because he was afraid that people would probably slip and fall on the sidewalk as opposed to his parking lot which was maintained a little bit better than the sidewalk. So, he intentionally did not do the sidewalk. MS. BARBARA BENNETT -Businesses up there are more able to take care of sidewalks than individuals homes they have actual maintenance staff that they could divert for a day for snow or if they hire a service it is a smaller percentage of their income than it is for a homeowner to do it and I do not think that you should start approving providing the service here and there selectively and then say all homeowners where the sidewalks are, are going to have to take care of them themselves. It seems like you either do or you don't provide the service but it shouldn't be here yes and there no. SUPERVISOR BROWER-I appreciates your comments. MS. BARBARA BENNETT-Is there anyway you could get that into the law if you have to put an exception in then ok but the general overall that we either do or we don't except for certain specific exceptions. COUNCILMAN BREWER-But that is like saying that we are going to provide a service for people that have sidewalks and those that don't have sidewalks we are not going to clear in front of their house. So, how is that fair? MS. BARBARA BENNETT-Well, we are not talking about people that do not have sidewalks. COUNCILMAN BREWER-Well, we are because there are people in the Town that don't have sidewalks, I do not have a sidewalk in front of my house so how am I benefiting by plowing the sidewalks in the State Road, that could be my argument. MS. BARBARA BENNETT-But you don't know where they are going to put sidewalks in and I am saying when they put them in without approval of the homeowner then they should be taking care of them. COUNCILMAN BREWER-Normally, what happens is that the developer will go in and put sidewalks in the development before he builds the houses. COUNCILMAN MARTIN-Even that is rare. COUNCILMAN TURNER-That is very rare. COUNCILMAN STEC-I do not see the Town forcing sidewalks on homeowners that do not want them, typically if a sidewalk gets installed at the request of a group of residents. SUPERVISOR BROWER-If sidewalks are forced on people it will be people on State and Federal or State and County Highways where federal funds might be utilized. Then when using federal funds they will have sidewalks. COUNCILMAN MARTIN-The next big section is going to be in the coming year will be the Exit 18 entrance you know from the interchange into the City that will be our next big section of new sidewalk. I mean there are some already there along one side that will be the next new section. COUNCILMAN STEC-In my mind the way I rationalize the difference between the towns requiring the residence to remove snow from their sidewalks which it is my understanding is the defacto policy. Any ways in the absence of an actual written policy that is the way it is now the rational I use to justify going out and clearing sidewalks on County and State Roads is that typically County and State roads get County and State plow trucks and County and State Road level of snow. I think it is a lot more erroneous to expect an individual property owner to take a shovel like I do and go out there and start in on that amount of snow that comes off Route 9. Now, you are talking major equipment, bigger, much bigger project than you know somebody with a small section of sidewalk on a residential street down on Garrison Road, it is a little bit easier, apples and oranges in my mind. MS. BARBARA BENNETT-I was just trying not to have you spot doing it so that it was unfair you would do it for some businesses and not for some homeowners and that sort of thing. COUNCILMAN STEC-I think you ask a good question, and we asked Bob Hafner to research, we looked into and it was reported in the Post Star, what are the legal ways to discriminate between and that mean segurgurate not discriminate unlawfully, but discriminate between different kinds of sidewalks. We looked at zoning we looked at arbitrarily the Board sitting down and say we will do this one but we won't do that one, and those ways weren't legal. The legal way to do it is to provide for the State Law is to treat Town Road separately from County Roads that is a legal way to separate the two kinds of sidewalks. You can't say well, we will do commercial sidewalks but not residential zone sidewalks that was not allowed under the law. SUPERVISOR BROWER-Thank you. Anyone else? Mr. Salvador I guess we will give you one more crack. MR. JOHN SALVADOR - I do not think anyone is arguing with some of the points in this but we have a gap, we have a situation where I do not have assurance that the snow and ice is going to be removed from the sidewalks along Route 9. In the absence of some overt act on the part of the town either the creation of a snow removal district which I think is the most practical approach it and levying a small tax on those properties abutting that highway those sidewalks and the district pays for the snow removal. That seems to be the most fair way and the most practical way. When you consider the assessed valuation of those properties and the cost of that snow removal you are talking an infenmatesimal amount of money. They would hardly see it on their tax bill. This would ensure that the job is done I would hate to tell you when the fit hits the shan on a law suit someone getting hurt and they sue the State and they sue the Town and the property owner it is not going to be pleasant for anyone. It is costly for everyone and these insurance companies are not dumb, they are careful about the exposure they take in insuring you against an obligation you have and don't discharge. So, I would recommend that this pubic hearing be left open I would recommend that you research the feasibility of a snow removal district. I wrote Fred Champagne a letter on this probably two years ago I do not have it with me tonight but I am sure somewhere in the law either Town Law or Highway Law it is this towns obligation to get that snow removed from those sidewalks. If you don't the DOT could do it and send you a bill, and we taxpayers are at risk. So, you have an obligation, how you do it is quite another thing through a taxing district, the Highway Superintendent a private contractor those are all options you have but you have an obligation to get that snow and ice removed and I do not care how hard it is and impractical it is and who doesn't use them. That is quite another thing, the obligation is there. SUPERVISOR BROWER-Thank you Mr. Salvador. Would anyone else wish to comment at this time on this subject. TOWN CLERK DOUGHER-I have a letter. 32 Fox Hollow Lane Queensbury, N.Y. 12804 August 7,2000 Queensbury Town Board C/O Town Clerk Bay Road Queensbury, N.Y. 12804 RE: Public Hearing comments on Sidewalk Law Dear Sirs: Some areas of Queensbury have retained a semi-rural character, and hopefully may remain that way. However, we can no longer deny that much of our Town has become urbanized, as much, or more so than neighboring urban communities. To neglect the creation and maintenance of basic urban amenities, such as sidewalks, woud be a tragic mistake, burdening our residents and visitors with all of the problems of urbanization, and none of the benefits. Furthermore, unless we properly plan for maintenance of current and potential sidewalks, it may be too late to intervene when the need for sidewalks becomes obvious, such as after the death of a child walking to school in the road. Properly designed and maintained sidewalks can transform a community aesthetically, culturally and economically. They can create a less threatening, safer, and more personal, welcome atmosphere. They promote better health through increased physical activity and lessen our dependence on the automobile. I recognize that sidewalks are not currently needed in all areas of Town. In some cases, existing sidewalks may have been created more for decorative reasons than for actual pedestrian safety concerns. Exceptions to the law should be considered, for example, for cul-de-sacs of less than ten houses, or other low traffic, low speed roads. But in most cases, if a sidewalk is important enough to build, it should be important enough to maintain. That is the approach taken in virtually every municipality. I have not studied the proposed law in detail, but would encourage you to do whatever is practical to promote safe pedestrian transportation. While we certainly don't want to impose an excessive burden on our citizens, we must consider also the hidden burdens created when walking from place to place in our community becomes effectively outlawed by unsafe conditions. And we must recognize that some sense of civic responsibility is a minimal requirement for functioning community. Sincerely, /s/ Mark Hoffman COUNCILMAN STEC-Ifl may add something that I think we have overlooked a lot of people have expressed concern tonight for perhaps preferential treatment being given to County and State Highways as opposed to residential sidewalks. Section two the section on maintenance and repair of sidewalks section a, sidewalks adjacent to Town Roads, this Town Board has proposed to follow suit with what we are required to do for County and State Highways and that we will, the Town will maintain and reconstruct sidewalks. The previous policy it is my understanding talking to residents that have had sidewalks in Ward III down on Ashley Place for many many decades has been that the individual property owner was required to maintain their sidewalks. I have heard stories from residents down there spending thousands of dollars to re-pour concrete out of their own pockets. I know that other municipalities in the immediate area are willing to give you materials to repair their sidewalks if you provide the labor. So, I think that the Town has gone the extra step here for residents in saying when it is time to replace them we will do the heavy lifting. So, that is the only in my opinion, the only significant change to the defacto verbal tribal knowledge policy that we have had for decades that no Town Board before ours has decided to tackle. So, I think that is something that we have shown a willingness to improve for the residents so I think that this passes my fairness test in that we tried to seek a middle ground here and provide some improvement for everyone. While at the same time putting our money where our mouth is, putting it in writing. Everyone knows if it isn't in writing it does not mean anything. I think that we have over looked that in the discussion but I think it is important to point out that, that is a significant substantial change to the policy that we will pay for the reconstruction, and I think it is an improvement over where we have been it certainly head and shoulders above what is in the immediate surrounding municipalities as far as a policy goes on sidewalks. UNKNOWN-Where does it say that? COUNCILMAN STEC-Section A. Section two letter A. Sidewalks adjacent to Town, the Town shall repair, maintain or replace said sidewalks. COUNCILMAN MARTIN-I have a question, this part of the law about Town Roads and the sidewalks on the private persons property and the sidewalk in the public right of way, in your estimation based on the mapping you have seen or the quantities you have seen how much of the sidewalk in those instances exist in the public right of way as opposed on to private property, see what I am trying to get at? EXECUTIVE DIRECTOR ROUND-I do not know the ..footage of what is on private, I know the Highway Supt. and Ted and I have been talking about that, it is limited. COUNCILMAN MARTIN-I was going to say it was limited. EXECUTIVE DIRECTOR ROUND-it is rare... couple of hundred feet. COUNCILMAN TURNER-You are talking more than that in one location, you are talking six hundred feet in one location.a COUNCILMAN BREWER-And it is not ours? COUNCILMAN TURNER-It is not ours. SUPERVISOR BROWER-Is it Glen? COUNCILMAN TURNER-It is Glenwood Avenue. COUNCILMAN MARTIN-It is totally on private property. COUNCILMAN TURNER-It is private property. COUNCILMAN MARTIN-Mr. Supervisor I would encourage you to close the public hearing and I think we are ready to move, that is just my ... COUNCILMAN TURNER-I would like to ask the Attorney a question? SUPERVISOR BROWER-Shall we close the public hearing first and then COUNCILMAN TURNER-What ever your pleasure. SUPERVISOR BROWER-Mr. Martin moved to close the public hearing, do I have a second, seconded by Mr. Stec, all in favor ..passed. PUBLIC HEARING CLOSED Ted, comment from Board Members. COUNCILMAN TURNER-Bob, liability, the issue ofliability came up tonight as to the properties that abut we will take Lake George Road, if we do the sidewalks or if we do not do them and the State sues or who ever gets hurt on them they sue, to what extent is the homeowner or the owner to what extent is his liability? COUNSEL HAFNER-Frankly, Ted, that is unclear as it is right now. If we are talking about the properties along Route 9 my understanding is that property is owned by the State of New York they put those sidewalks on their right of way, as long as they are the owner they have the responsibility to take care of any maintenance. I do not know if that would go to the adjacent landowner absent a local law like the City of Glens Falls has that imposes a duty on them. I think that would probably, but you are asking me that is for a Court to decide and we do not know the exact facts. But, generally the liability would lie with the entity that owns the property and or the person who is responsible for maintaining it. SUPERVISOR BROWER-It is my understanding is the State will deed those sidewalks over to us. COUNSEL HAFNER-If they deed them over to us we are in a very different situation than we are right now. COUNCILMAN BREWER-Then we are absolutely responsible, right? COUNCILMAN TURNER-Yea. COUNCILMAN BREWER-So, lets not take the deed. SUPERVISOR BROWER-Well, I asked them that too, and he said whether you take the deed or not they are your responsibility. COUNCILMAN BREWER-Well, that is not so. COUNSEL HAFNER-I would like to see some authority for that because I do not see that. COUNCILMAN MARTIN-I have a concern about this whole State handling of this sidewalk policy in that you know I have been hearing a lot drum beating by the local engineers at the field offices about how this is done and all these very how should I put it, conclusive statements and very assured of themselves as to how this is done and all they really are is local little, little local field engineers from a field office, you know, I would like to hear from the central office at DOT and the DOT attorneys and things like that before I draw any conclusions about threatening letters from local engineers that is all they are. They have very limited authority and I think what is in State law and what is being done as a practice by these local engineers are entirely two different things. They are going around places like Greenwich beating their drum and getting everybody all scared when I do not even know what kind of authority they have to do that. I am quite frankly not intimidated by it. COUNCILMAN TURNER-This subject was broached the last time they came up a year ago and we called the State Association Attorney and he said you have to maintain those sidewalks, period, he said don't even take the State on. COUNCILMAN BREWER-Maintain to me is different.. COUNCILMAN TURNER-Take the snow off from them you have to do the whole job, he said. COUNCILMAN BREWER-If they are so insistent about that how come they did not do anything last year when we did not take the snow off them. COUNCILMAN TURNER-They were not turned over to the Town. COUNCILMAN MARTIN-I think we have an excellent case of to go all the way to the Supreme Court if it takes that because this is un-funded mandate this is a living definition of an un-funded mandate. COUNCILMAN TURNER-I agree. COUNCILMAN BREWER-I do not think it is such a big deal, when I was a kid growing up we just assumed the responsibility in front of our house to keep it cleared no body ever told us that we had to do it we just did it. I do not see a big deal with it. I think we should just ... COUNCILMAN MARTIN-Are you accepting Dennis comments on the local law before us tonight is that the point of the discussion? SUPERVISOR BROWER-From you yes. COUNCILMAN MARTIN-From my standpoint I think again we were handed a bad situation here and we are trying to make the best out of it from the State and then on top of that we have been sorely needing a town policy on sidewalks and I have to say the coverage by the Post Star in this particular issue was abundantly unfair if not inaccurate. From my standpoint the glass is not half empty the glass is half full we are finally trying we are finally wrestling with an issue here and coming to some sort of policy. In terms of us clearing the snow from the businesses the State and County Highways of which many are businesses, those sidewalks pass in front of businesses I would term that a benefit to businesses. We are reaping a lot of benefits in this community from our business community in getting over five and a half million dollars in sales tax in this physical year I would say, Henry will ..on that course. You know we give very little back and all you hear about is the down side of business and what happens with traffic and so on so forth and those are all there to be sure, but we are also reaping a huge fiscal benefit and I think we ought start giving a little something back and this is just giving a little bit back, in my way of thinking. Correspondingly, as Betty has said many times, residential property are in fact a tax drain on our budget they ask for more services than they pay for and if we accept sidewalks maintenance we are keeping on top of that already negative situation. That is a fiscal fact. And in fact there are as Dan points out and I think it is a very good thing to hammer home, there is a huge benefit in this policy in that we are paying for labor and materials on capital costs for sidewalk repair. That is a big benefit and I think we are going to see the fiscal impacts of that as these sidewalks do get older. Right now a lot of the sidewalks are new and in good condition, but that is going to be noticeable impact on the expense side of the budget. But I think that is a big benefit to the homeowner. In terms of a tax district we look at that I quite frankly think it is unfeasible based on what Ted has told us about past public hearings on that particular matter it is something subject to referendum as I understand it and we have gotten a clear message from those who would be in such a proposed district that it would be voted down and that is why I think this board discarded it. I do not want to speak for everybody else but that is what I recall as the discussion, so it is not something that we did not look at. COUNCILMAN TURNER-I think we heard the message the first time around that they did not want a special district. COUNCILMAN MARTIN-So, in SUllUllary from my stand point you know I think we have had some tough decisions to make as a board the six or seven months we have been in office and this is yet another one, but it has been my experience in that short time that when we thoroughly explain ourselves to the public and we take opportunity to voice our thinking they may not agree with our decision, but at least they respect it and they understand why we made it and that is why I went on like this and I am in favor of the policy as written the law is written and I commend the staff for a fine job on going back and forth with us on it, it was kind of tedious at times and I am in favor of it as written, that is all I have to say. SUPERVISOR BROWER-Thank you, Jim. COUNCILMAN BREWER-I would agree what Jim said is true what Dan said is true and I think it is a good law and I think we should adopt it. Jim say one more bad thing about engineers before we end this. COUNCILMAN STEC-We counted four references... COUNCILMAN MARTIN-Field engineers. COUNCILMAN STEC-Jim made a good point though, to me sidewalks they are a cost of doing business, some roads cost more than others, the road that we are going to repair and we will repair it on Assembly Point is going cost a heck of a lot more than any road in the Pines and the people in the Pines are not here tonight screaming about that road. There are just some roads that more troublesome or more difficult and more costly to build and maintain. It is a public service I have got absolutely no problem with how this is written, I think it is a step forward it is an improvement over the past and I think we should move it. SUPERVISOR BROWER-Thank you Mr. Stec. What is the pleasure of the Board. COUNCILMAN BREWER-The pleasure of the Board is to adopt this law... RESOLUTION ENACTING LOCAL LAW REGULATING SIDEWALKS RESOLUTION NO. 314,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, there are currently sidewalks at various locations in the Town of Queensbury and additional sidewalks will continue to be built in the future, and WHEREAS, having sidewalks in good repair and free and clear of snow, ice, dirt and other obstructions is important to the safety of pedestrians who use the sidewalks, and WHEREAS, the Town Board is concerned about public safety and wants to ensure that all existing and future sidewalks are properly constructed and maintained, and WHEREAS, the Town Highway Law places some duty upon the Town to maintain sidewalks along County and State Highways, and WHEREAS, there is no similar statute concerning sidewalks along Town highways, and WHEREAS, as a matter of fiscal responsibility, the Town Board wishes to limit its expenses in maintaining sidewalks and only wishes to maintain those sidewalks required to be maintained under State Law, and WHEREAS, the Americans with Disabilities Act, a Federal law, mandates that places of public accommodation be made accessible to persons with disabilities, and WHEREAS, the Town Board may, after a public hearing upon at least ten (10) days public notice, enact a Local Law regulating the construction, repair and maintenance of sidewalks, and WHEREAS, on August 7th, 2000 the Queensbury Town Board duly conducted a public hearing concerning the proposed Local Law Regulating Sidewalks presented at this meeting and wishes to enact the Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts the Local Law Regulating Sidewalks presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to enter the Local Law Regulating Sidewalks in the minutes of this Town Board meeting and file it in the Office of the New York Secretary of State and the Local Law Regulating Sidewalks shall take effect upon such filing. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None LOCAL LAW NO.: 8 OF 2000 LOCAL LAW REGULATING CONSTRUCTION, REPAIR AND MAINTENANCE OF SIDEWALKS IN THE TOWN OF QUEENSBURY In accordance with Town Law (130(4) and (10 of the Municipal Home Rule Law of the State of New York, be it enacted by the Town Board of the Town of Queensbury as follows: SECTION 1 - CONSTRUCTION. Sidewalks are not required within the Town of Queensbury, but any sidewalks that are located within the Town shall be constructed, reconstructed and repaired in accordance with the following regulations: E. Materials - 4,000 pound concrete/4" deep/cut wire mesh. F. Grades -level with contour ofland, subject to any requirements necessary to comply with the Americans with Disabilities Act (ADA). G. Widths - New sidewalks shall be 5' 0" wide. H. Places of public accommodation, including but not limited to: businesses, restaurants, day care facilities, shopping and recreation facilities are required to comply with the Americans with Disabilities Act (ADA). SECTION 2 - MAINTENANCE AND REPAIR OF SIDEWALKS.. C.Sidewalks Adjacent to Town Roads. - If the Town owns the property where such sidewalk has been laid or has an easement which the Town in its absolute discretion deems sufficient, the Town shall repair, maintain, replace and reconstruct such sidewalks. The owner of premises abutting on any Town Road who owns the property where a sidewalk has been laid shall repair, maintain, replace and reconstruct such sidewalks. If any such sidewalk is replaced or reconstructed, it shall meet the requirements of Section 1 above. Nothing herein shall be interpreted to imply that the Town shall be required to accept any dedication of sidewalk property or easements concerning sidewalks. D.Sidewalks Adjacent to County and State Highways. - As provided in Highway Law ~140(18), the Town shall repair, maintain, replace and reconstruct any sidewalks abutting on any County or State Highway. SECTION 3 - SNOW AND ICE REMOVAL. C.Sidewalks Adjacent to Town Roads. - The owner of premises abutting on any Town Road where a sidewalk has been laid shall keep the sidewalk in front of the premises free and clear from snow, ice, dirt and other obstructions. Upon failure to do so by the owner or occupant, the Town may provide for the removal thereof at the expense of the owners of such premises and such charge shall become a lien upon the premises benefited thereby until paid. D.Sidewalks Adjacent to County and State Highways. - When authorized by the Town Board as provided in Highway Law ~140(18), the Town Highway Department shall keep sidewalks abutting on any County or State Highways located in the Town free and clear from snow, ice, dirt and other obstructions. SECTION 4 - NON-COMPLIANCE BY PROPERTY OWNER. Any repair, maintenance, construction, reconstruction and replacement under Section 2(A) above which does not comply with these regulations is prohibited. The Town Board shall have the authority, in accordance with Town Law (200-a, to adopt Orders requiring owners of real property abutting a sidewalk who own the property where such sidewalk is laid to maintain, repair, replace or reconstruct such sidewalk in accordance with Section 1 of this Local Law. Such Order shall specify the work to be done and the time allowed for its completion. If within the time prescribed in the Order and Notice, the sidewalks required to be built, reconstructed or repaired shall not have been so built, reconstructed or repaired, then the Board may cause the work to be done and audit and pay the expenses and assess the expense thereof against the property benefited as a whole, as set forth at Town Law (200-a. Notice of any proposed Order shall be given to the property owner by certified mail addressed to each such owner at his/her address as it appears on the assessment roll of the Town, or, in the alternative, by publication of a notice thereof in The Post Star newspaper at least twice, the first publication of which shall be at least fifteen (15) days before the time specified for completion of the work. SECTION 5 - SEVERABILITY. If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 6 - REPEALER. All ordinances, local laws or regulations adopted in conflict with this Local Law are hereby repealed. SECTION 7 - EFFECTIVE DATE. This Local Law shall take effect upon filing in the Office of the Secretary of State. 3.0CORRESPONDENCE Ltr. I, Regina Himes, living at 31 Minnesota Ave., Queensbury, N.Y. 12804 hereby petition the Town Board to have a stop sign put up at the corner of Minnesota and Central Avenue on both sides of the street. In doing this it will slow the traffic down which will help to ensure the safety of the children living on this street. (Original in file approximately 20 signature) Ltr. August 5, 2000 Mr. Dennis Brower C/O Darlene Dougher, Town Clerk Queensbury Town Hall 742 Bay Road Queensbury, N.Y. 14204 RE: Continuing Alpine Bobsled Noise\Noise Ordinance; Dear Mr. Brower; In am writing to you and other town officials to express my frustration over the continued noise emitted by the Great Escape's Alpine Bobsled. I am a Town of Queensbury resident residing on Birch Road by Glen Lake. at my home the repetitious noise made by the bobsled is maddening and makes my family wish for rainy days so it doesn't run. Fortunately this year we've received plenty of rain this year! I know the Great Escape will claim that it tried everything it could do to reduce the noise but was forced to remove their modifications. It has been mine and other's lay people's contention that based on the Bobsled's inherent design the only solution is to remove the Alpine Bobsled from the park. Universal laws dictate if you have a device which generates noise up and out applying foam to the bottom of the ride will not deaden the noise to any appreciable degree. The only solutions for the bobsled are to enclose it or remove it! As a Queensbury homeowner who has invested heavily in their property I have been frustrated by the lack of responsiveness by the Great Escape. This Bobsled issue has been going on for over three years with no real resolution. I should not have to turn radios up at full volume or carry one wherever I go in my yard on a sunny summer day to drown out the noise. The Six Flags corporation installed the Bobsled ride knowing the ride had noise issues. The noise issue was not presented during any site review process. This lack of notification I believe demonstrates Six Flag's intent to install rides based on availability or market forces without taking into account the uniqueness of the Great Escape's site. Rides such as the Alpine Bobsled or rides that exceed accepted height limitations are inappropriate given the existing neighborhoods and our proximity to the Adirondack Park. To prevent a reoccurance of situations such as the Bobsled I am asking that the Town of Queensbury adopt a Noise Ordinance in the very near future. With the explosion in both commercial and residential development over the past three years the Town of Queensbury the town needs to adopt a noise ordinance to guide legislators and citizens alike as to what is an acceptable level of nose in a community that is primarily residential. With the recent growth Queensbury no longer has the luxury of ignoring basic planning guidelines such as noise ordinances and sewer\road infrastructures! If Queensbury truly is a "Nice place to Live" a noise ordinance must be adopted immediately! I truly do dream of a day when Queensbury is audibly a "Nice Place to Live"! Sincerely, /s/ Marianne McGowan LTR July 19, 2000 Dennis Brower, Town Supervisor Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804 Dear Mr. Brower; The Warren-Washington County Healthy Heart Program (HHP) congratulates your efforts leading to the Town Board's approval to allocate the funds and manpower to install sidewalks along Burke Road, which lead to Queensbury School. We also congratulate you for unveiling a formal sidewalk policy that will br brought up for discussion at a public hearing. Your efforts exemplify our mission! The HHP encourages, recognizes and promotes the development of a variety of means for communities to be physically active. We believe communities should work towards making it safe and convenient for everyone to bike or walk to destinations within a reasonable distance, especially to school. Designated bike lanes and sidewalks encourage usage and these behaviors result in a healthier population and a reduction in heart disease related cost. These enhancements will not only encourage heart healthy behaviors, but will also provide safe mobility, increase social interaction and tourism and enhance the quality of life for your continuants. Sincerely, /s/ Kathy Varney, Coordinator LTR. Mr. Henry Hess, Comptroller Town of Queensburyp742 Bay Road Queensbury, N.Y. 12804 Dear Uncle Hank: Hi, I'm writing this letter to thank you for inviting me to participate in your program to leam how a town government works. I especially enjoyed the water plant tour with Bruce Ostrander. It was very interesting learning about how the water goes from the river to the distribution tank. It was also interesting to see the water in its original state, and to walk through the plant and see the process it goes through. And it was really cool to see the final product. That was definitely the highlight of my week. One of the other things I really enjoyed was riding with the fire marshal. We got a call from the fire department to check out a warehouse. In this building, there is an alarm system connected to their sprinkler system. It monitors water pressure. If the pressure is too low, it means that a sprinkler is going off, which could mean that there is a fire. If it is too high it could mean that there is something wrong with the system and water pressure is building up behind the sprinklers. When we got there, Chris Jones, a veteran fire marshal, went in to the building to check it out. I stayed out with Steve Smith. Steve is a new comer to the Queensbury Fire Department, but has worked with the New York State Police Department and other departments for nineteen years prior to now. We found that there was no problem with the pressure. The problem was with the alarm system. With that cleared up, we went to inspect a tire warehouse. We were just checking for things that needed to be fixed to help prevent fires. We had three sheets worth of problems that needed to be fixed. That same day I rode with Colleen Kimble. She works for animal control Ironically, her job is to save animals, and for a hobby, she hunts. We had to get an Akita that some guy abandoned. If he does it again, he will be arrested. The pet hospital had too many cats and they had to put some to sleep. That was really sad. I also saw a pit bull for the first time (in a magazine). I also had a tour of the parks and recreation department. It was really cool. First I sawall the parks. I also leamed about all the different programs the town has for the parks. Then I saw the swimming pool. What really amazed me was that they had kayak and canoe lessons. I didn't expect that. They also have the more traditional swimming lessons and for the first time, synchronized swimming lessons. I leamed that it is a very rewarding job. Harry Hansen really holds it together nicely. And last, but not least, the Pineview Cemetery and Crematorium. I leamed how a person is buried and how they cremate a body. For a cremation, first they burn the body. Then they take everything and stick it on a cooling tray. Then they stick the remains in a "blender" which chops up the remaining bone. Then they put the remains in a plastic bag and then into an urn. That isn't your only choice, one guy had his wife cryogenically frozen! I also wanted to thank Bill Shaw for teaching me about the computer system at Town Hall. He maintains the Queensbury website, and has the responsibility for making sure that people maintain a connection to the mainframe, which is an extremely important job. Now I want to thank everyone that I didn't mention for making my stay so great. Oh, and one last thing. I would like to suggest to Dennis Brower, the town supervisor whom I had the pleasure to meet, to consider making this program available to the public so that kids can have a chance to appreciate their government. It would help anyone realize that there is much, much more to town government than politics. I would definitely recommend that program to anyone wanting to leam more about the responsibilities of town government. Uncle Hank, thanks again for this terrific opportunity. Sincerely, /s/ Nick Dattilo SUPERVISOR BROWER-Before we go into Open Forum I would like to recognize Mr. Dan Luciano from the OSI Institute, Dan is from Albany I guess he will be leaving this evening, we do have a resolution on our agenda this evening authorizing the acceptance of Hudson Pointe Nature Preserve from the Open Space Institute and authorizing the Town Supervisor to execute the conservation easements and ancillary agreement. We thank you for coming and we also thank you for the transfer of that valuable piece of recreational property to us. Would you care to address the Board at all Dan, you are welcome to. MR. DAN LUCIANO-I do not really have a prepared statement to make but I just really wanted to come up here tonight just in case there were questions about the resolution or the history of the property or the Open Space Institute. SUPERVISOR BROWER-Questioned if any board member have any questions? COUNCILMAN BREWER-I am familiar with them only to the extent that when they got involved with this project we had close contact with them and members of my family still do and I just think you do a great job and thank you for the opportunity to be the caretaker of the land. MR. DAN LUCIANO-Thank you and we have relied on the local volunteers very heavily for the to help us with the maintenance of the property, it has been a success story and we have enjoyed working with the Town and would be happy to see the property go into the Towns hands in accordance with the 1995 agreement. SUPERVISOR BROWER-We would appreciate a list of those volunteers as well. MR. DAN LUCIANO-I am sure that I can get that to you. COUNCILMAN MARTIN-The other thing they are not just handing over a piece of property they did a lot in the trail marking and things like that and really got us a COUNCILMAN BREWER-Put the whole trail system in, they put a bridge in down under neath the wetlands connecting to a peninsula type part of the island and they developed the whole piece of property basically is what they did. Marked the trails they did a real nice job. COUNCILMAN MARTIN-We are getting a lot more than what we started with. MR. DAN LUCIANO-Well, we were fortunate to be able to have a twenty five thousand dollar grant from our funding partner, to invest in the property so those improvements will make it more available to more people and so we are happy to be working with the Town on this project. COUNCILMAN MARTIN-Hopefully we will have our own town based land trust by the fall. I would like to take the opportunity to thank the Recreation Commission for all the fine work that they did on that agreement, I know that there were several drafts that went back and forth and they went through that very thoroughly. SUPERVISOR BROWER-Requested comments from the public... MRS. KATHLEEN SALVADOR-Who in the Town is going to administer this easement and the agreement and who is the underlying landowner and who is the owner of record? MR. DAN LUCIANO-The current owner the owner of record is Open Space Institute. MRS. KATHLEEN SALVADOR-Who is the underlying landowner? MR. DAN LUCIANO- That is the same. MRS. KATHLEEN SALVADOR-Who is going to administer the agreement? Who is the town is going to administer it? COUNSEL HAFNER-After this is done, Open Space gives the property to the Town and the Town is going to give easement to Open Space so they are confident that it is being used in accordance with the original terms. That is the part of the gift that they are giving. The Recreation Dept. will be the part of the Town that will administering it for the Town and OSI has a right to enforce the terms of their easement so that the Town does not go in and chop down all the trees or do anything that would not be consistent with it as a natural park. MRS. KATHLEEN SALVADOR-Questioned if it was the Recreation Commission? SUPERVISOR BROWER-The Commission. Keep in mind that we are also in the process of forming a land trust in Queensbury who will be eventual benefactor of it. MRS. KATHLEEN SALVADOR-Questioned if the Town will be the owner? COUNCILMAN BREWER-We do not know that for sure. We do not know what we are going to do exactly with the land trust. MR. JOHN SALVADOR-The Open Space Institute holds the title to the land, they are tax exempt for what reason is this land trust giving an easement to the Town what are you going to do on this land that they can do? COUNSEL HAFNER-They are not going to give us an easement, they are going to give us the land and we are going to give them an easement back so they can be confident that we don't chop down all the trees. . . COUNCILMAN BREWER-In my mind it is in the town it is in a PUD that was the plan when the PUD was established. . .OSI was the caretaker of the land until there was third party found to take the land over. COUNCILMAN MARTIN-If a third party was not found then it would go to the Town... MR. DAN LUCIANO-Noted this was a local preserve that our staff is not close by to actually take care of it, it was agreed in 1995 that this was to be a temporary situation..Attempted to find other potential owners, we negotiated with other non profit organizations and approached State Office of Parks and Recreation to see if they were interested in it but they declined. . . RESOLUTION AUTHORIZING ACCEPTANCE OF HUDSON POINTE NATURE PRESERVE FROM OPEN SPACE INSTITUTE AND AUTHORIZING TOWN SUPERVISOR TO EXECUTE CONSERVATION EASEMENT AND ANCILLARY AGREEMENT RESOLUTION NO.: 315,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Town Board Resolution No.: 205.95, the Queensbury Town Board authorized the Hudson Pointe P.U.D. Conservation Area Agreement between the Town, Hudson Pointe, Inc., and the Open Space Institute, Inc., concerning the preservation and maintenance of a conservation area known as the Hudson Pointe Nature Preserve (Preserve) located within the Hudson Pointe development by the Open Space Institute (OSI) and in accordance with the Agreement, OSI acquired the area and developed a nature preserve with trails on the property, and WHEREAS, as part of the Agreement, OSI was to develop the property as a passive recreation site and then after a three year period, transfer ownership of the property to another party, and ifOSI could not find a third party, the Town of Queensbury would take title to the property, and WHEREAS, in accordance with the Agreement, OSI has invested more than $20,000 in the Preserve to create a parking lot, visitor information kiosk, wetland boardwalk, signboard and trails, and WHEREAS, OSI advised that it did not find a third party to take title to the property and therefore OSI advised the Town that it was prepared to convey title to the Preserve to the Town of Queensbury subject to a Conservation Easement restricting the property to outdoor recreational uses, and WHEREAS, the Town Recreation Commission evaluated the Preserve and advised the Town Board that it felt that the Preserve would be an outstanding addition to the Town's park system, and WHEREAS, the Town Board understood that by accepting the Preserve, the Town Department of Parks and Recreation would be responsible for the maintenance and up-keep of the Preserve and the Town Board also agreed that the Preserve would benefit Town residents and therefore, by Resolution No. 313.99, the Town Board authorized the transfer of the Preserve from OSI to the Town of Queensbury, and WHEREAS, at that time the Town Board also directed the Recreation Commission, in conjunction with Town Counsel, to review a draft Conservation Easement describing the guidelines for the public's usage of the Preserve, to ensure compatibility with other previously adopted agreements between the Town and Hudson Pointe, and WHEREAS, the Recreation Commission has now advised the Town Board that the revised Conservation Easement and ancillary Agreement between the Town, OSI and Hudson Pointe Inc., presented at this meeting are consistent with the previously adopted 1995 Hudson Pointe Management Plan and therefore recommends that the Town Board formally accept the Preserve and authorize the Town Supervisor to execute the Conservation Easement and Agreement, and WHEREAS, the Conservation Easement and Agreement are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and accepts the transfer of the 82.99 acre parcel known as the Hudson Pointe Nature Preserve located within the Hudson Pointe development (Tax Map No.: 148-1-2.3) from the Open Space Institute to the Town of Queensbury in accordance with the Hudson Pointe P.UD. Conservation Area Agreement authorized by Town Board Resolution No.: 205,95, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Conservation Easement and Agreement between the Town of Queensbury, Open Space Institute, Inc., and Hudson Pointe, Inc., presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Conservation Easement, Agreement and any and all documents necessary to complete this transaction, including, without limitation, any further agreements in form acceptable to Town Counsel, Deed, Real Property Transfer Report and Capital Gains Affidavit and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None Town Board thanked Mr. Luciano.... 4.00PEN FORUM FOR GENERAL AND RESOLUTIONS MR. PLINEY TUCKER-41 Division Road- Res. 5.1 Great Move...Questioned the piece of property by the water plant? COUNCILMAN BREWER-The five acre parcel we are waiting on the State.. MR. PLINEY TUCKER-5.2 Is that Judge Austin? SUPERVISOR BROWER-Yes. MR. PLINEY TUCKER-What is he giving and where? RECREATION DIRECTOR HARRY HANSEN-It is on Main Avenue adjacent to the back entrance of West End Park. MR. PLINEY TUCKER-Re: Post Star Editorial Water and Sewer Plant.. . questioned if the Supervisor had any influence with the paper? SUPERVISOR BROWER-Noted he spoke to John Geroux about the editorial because I felt it was inaccurate.. . not accurate when they said that the Town tried to charge a profit for its water.. . our discussions were to buy water at our cost of production. COUNCILMAN MARTIN-Also negotiated what if we find a way to pay for the connection from our plant into the City and the City said no it was not good enough. MR. T ARANA-re: letter written to Town Board have spoken with Warren County Supervisor Nick Caimano. . . requesting that Glenwood Avenue be dead ended at Quaker Road. . . spoke on bikers using the road.. . equated that the Town have a resolution to the County suggesting the dead end proposaL.. SUPERVISOR BROWER-Noted that he did not agree with that, we are concerned about the safety of people the County has agreed to use big yellow strips across the road on both sides of every bike intersection in the Queensbury area...! would like to take it one step further I think it should be a State Law such as in Massachusetts motorists yield to pedestrians. . . COUNCILMAN MARTIN-Commented on traffic calming measurers, you could put what is called a choker on that section of the road, what that is, is a physical and identified by the motorists that I am now approaching a section of the road that is very narrow ... the effect of that is that people slow down. COUNCILMAN BREWER-Recommend a barrier across the trail so the biker has to get off his bike and walk it out. . . MR. TARANA-Noted Glenwood is now being used as a short cut, dead ending that road would not have any significant down size also recommended dead ending the other side of Glenwood at Quaker Road would return that part of Glenwood to the quiet residential area it once was. Appeal to the board to consider this proposal. Also Sweet Road is used as a short cut from Bay to Route 9 ask for two more stop signs for a four way stop at Montray Road and reduce the speed limit from 35 to 30 mph ... re: Bike Trail crossing the City of Glens Falls has the yield to pedestrian signs we should have them at every bike trail crossing.. .RE: Sewer recommended that the City Counsel, Town Board, Sewer Directors and Water Directors get together over a day or two with a mediator. . . Question about spraying for the West Nile Virus MR. VOLLARO-5 Gentry Lane Queensbury-Noted he had an hour meeting with the Mayor of Glens Falls negotiated 8,000 for $1.35 per gallon for BayBridge... Sewer and Water Board must agree... COUNCILMAN BREWER-Noted he was looking for consistency... COUNCILMAN MARTIN-Questioned if we are on track for a September shovel in the ground? MR. VOLLARO-Need to receive all government agency approvals before construction.. . that may extend the time. . . time frame the second or third week in October. . . COUNCILMAN MARTIN-Questioned the construction time? MR. VOLLARO-Guess of seven week program. ... Planning for the Town Board at the next meeting to authorize signing of the contract. . . MR. JOHN SAL V ADOR- Re: Mr. Vollaro's presentation he had negotiated for 8,000 gallons if that facility exceeds that amount will there be a penalty? DEPUTY SUPT. OF WASTE WATER MIKE SHAW-No penalty...the numbers are based on water meter usage...if at some time it exceed the 8,000,at that time the district will be part of the whole at a larger capacity. . . MR. JOHN SALVADOR-Has the environmental review for this project been scheduled? COUNSEL HAFNER-Noted it was part of the next resolution that the town will face when they begin the extension. MR. JOHN SAL V ADOR-re: Holding tanks Noted Public Health Dept. has amended appendix 75A . . . holding tanks are not acceptable for long term year round residences. Spoke on design standards. . . and wastewater management district. . . SUPERVISOR BROWER-Noted that this will be taken up at the next meeting. Asked for further comments..closed the open forum 5.0 RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF PARCEL OF LAND LOCATED ON EAST AVENUE FROM JOHN AUSTIN RESOLUTION NO.: 316. 2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, John Austin has offered to donate to the Town of Queensbury a parcel of land located on East Avenue adjacent to existing Town recreational property known as the Town of Queensbury West End Park site designated as Tax Map No.: 128-6-6, and WHEREAS, the Town Recreation Commission has evaluated the parcel and feels that acquisition of the property would enhance the Park site and therefore recommends that the Town accept the .11 acre parcel, and WHEREAS, the Town Board agrees that acquisition of the parcel will benefit Town residents and therefore the Board wishes to authorize acceptance of the parcel to become part of the Town of Queensbury West End Park, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and accepts the transfer of the .11 acre parcel located on East Avenue adjacent to existing Town recreational property known as the Town of Queensbury West End Park designated as Tax Map No.: 128-6-6, from John Austin, and BE IT FURTHER, RESOLVED, that such property shall be added to and become part of the Town of Queensbury West End Park, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor's Office to send a copy of this Resolution to John Austin with its thanks for Judge Austin's generosity in donating the parcel to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction including a Deed, Real Property Transfer Report and Capital Gains Affidavit in form acceptable to Town Counsel and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2000 TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER 140 ENTITLED, "SIGNS" AND REPLACING IT WITH A NEW CHAPTER 140, ENTITLED, "SIGNS" RESOLUTION NO. 317.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2000 to amend the Queensbury Town Code by repealing the existing Chapter 140 entitled, "Signs," and replacing it with a new Chapter 140 entitled, "Signs," which Local Law shall define the rules and regulations concerning the erection of signs within the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on August 21st, 2000, to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No. :_, 2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 2000 in the manner provided by law. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ENDORSING QUEENSBURY AVENUE SEWER DISTRICT EXTENSION PROJECT AND INDICATING INTENT TO CONTRIBUTE FUNDS AND ENTER INTO INTERMUNICIP AL AGREEMENT RESOLUTION NO.: 318.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Washington County Sewer District #1 (the "District") has entered into an Order on Consent ( the "Consent Order") with the State of New York Department of Environmental Conservation providing for action to be taken in response to the District's alleged violation of the State Pollutant Discharge Elimination System ("SPDES") pennit effluent limits for a wastewater treatment plant ("WWTP") operated by the District, and WHEREAS, the District provides wastewater disposal services to several properties, including the Warren- Washington Counties Industrial Park (the "Industrial Park") which is partially owned by the Warren- Washington Counties Industrial Development Agency (the "WWCIDA") and includes property in the Town of Kingsbury, Washington County and the Town of Queensbury, Warren County, and WHEREAS, Robert A. Regan, Mayor of the City of Glens Falls (the "City") has indicated that the City's WWTP has excess capacity and has offered to sell this excess capacity to Queensbury at a buy-in cost of $1.25 per gallon for 25,000 gallons and an operation and maintenance fee of $2.00 per 1,000 gallons of metered usage, and WHEREAS, it has been determined that it is not feasible to upgrade the District's WWTP to remedy the problems addressed in the Consent Order but that it would be preferable to abandon the WWTP, purchase a portion of the City's excess WWTP capacity and connect the District's wastewater collection system to the City's WWTP by constructing a gravity sewer line along Queensbury Avenue connected to a pump station opposite the Floyd Bennett Memorial Airport which would lift wastewater through a force main to a gravity sewer manhole in Dix Avenue (the "Project"), and WHEREAS, the Town of Queensbury plans to form a new sewer district in connection with the Project, and WHEREAS, the availability of expanded municipal wastewater disposal service in this area can be expected to facilitate economic development of the area, including the Industrial Park, the Airport, property owned by Warren County and individually owned parcels along the route of the proposed sewage disposal system, and WHEREAS, utilization of the City of Glens Falls facility will minimize and avoid significant environmental impacts by mitigating the potential effects of sewage disposal from development of such parcels, and WHEREAS, intermunicipal cooperation among the various municipalities and municipal agencies will allow the serious problem of the failure of the District's WWTP to be remedied in a cost-efficient and effective manner to facilitate full development of the Industrial Park as originally envisioned and will provide additional benefits to other properties in the vicinity, including the Airport and several privately owned parcels, and WHEREAS, sources of payment of the cost of the Project will include a combination of a United States Department of Commerce Economic Development Administration ("ED A") Grant, a New York State Department of Environmental Conservation ("NYSDEC") Environmental Bond Act Grant and apportionment of remaining costs among the municipalities, municipal agencies and individual properties which will be benefited by it, with the expectation that the Town of Queensbury will issue its general obligation bonds or bond anticipation notes to finance a portion of the Project, and WHEREAS, the Project will be generally beneficial to the residents of Warren County, the Town of Queensbury, the Town of Kingsbury and the District, and the municipalities and municipal agencies involved wish to demonstrate their full support for the Project, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury (the "Town") hereby endorses and expresses its support for the Project; and BE IT FURTHER, RESOLVED, that the Town intends to agree to contribute Seventy-five Thousand Dollars ($75,000) in the form of a lump sum amount in payment of its fair share of a portion of the capital costs of the Project, including the purchase of excess capacity for future use by other properties in the Town, and BE IT FURTHER, RESOLVED, that the Town intends to agree to pay its fair share of the capital costs of the Project which are expected to be financed by the municipal bonds and/or notes to be issued by the Town, which share is estimated to be Three-Hundred Sixty-Nine Thousand Dollars ($369,000) plus a pro rata portion of the total One-Hundred Thirty Thousand Dollars ($130,000) in costs to be allocated to the Airron Industries properties based on those Airron properties which will be located in the Town's new sewer district, by contractually agreeing to make at least annual payments over twenty (20) years to pay its share of such financed capital costs, and BE IT FURTHER, RESOLVED, that the Town intends to agree to pay its fair share of the costs of operation and maintenance of the Project based on actual use as determined from time to time by the Queensbury Wastewater Department and the City, and BE IT FURTHER, RESOLVED, that the Town expects to enter into an Intermunicipal Agreement with the Town of Kingsbury, Warren County, the Queensbury Economic Development Corporation, the District and the WWCIDA which will implement the Map, Plan and Report for the Project currently being finalized by Jarrett-Martin, LLP and specify the details of the financing, construction and operation of the Project. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO. 319.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the South Queensbury-Queensbury Avenue Sewer District, and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin, LLP, professional engineers, concerning the proposed sewer district formation to connect the existing Washington County Sewer District #1 (WCSD#I) Wastewater Treatment Plant to the City of Glens Falls Wastewater Treatment Plant (GFWWTP) along a route following Queensbury Avenue and the Niagara Mohawk Right of Way, which area would also include 30 lots in the Warren-Washington Counties Airport Industrial Park, the Floyd Bennett Memorial Airport and several parcels along the proposed force main route to the City of Glens Falls, 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, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed sewer district in accordance with Town Law Article 12A, and WHEREAS, Part I of a Full Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall hold a public hearing and consider establishing the proposed South Queensbury - Queensbury Avenue Sewer District previously described in this Resolution. 3.The benefited areas proposed to be a part of the proposed Sewer District are as follows: TAX MAP NUMBER PROPERTY OWNER as of 6/2000 109-3-6. 1 North Country Imports 109-5-1 Chartrand Property 109-5-2Warren County 109-5-3 109-5-4 137-1-49Chartrand Property 137-1-50Washington County 137-1-51 109-5-13.21 Warren County Properties 55-2-21.1 (218 acres) Floyd Bennett Memorial Airport 137-2-1 137-2-1.1 Proposed Warren/Washington Counties (Airport) Industrial Park Phase II TAX MAP NUMBER PROPERTY OWNER as of 6/2000 109-3-3 109-4-7 110-1-2.61 110.1-2.62 110-1-2.64 110-1-2.65 110-1-2.66 Earltown Properties 110-1-2.67 110-1-2.68 3. The proposed improvements shall be installed as specifically delineated in the Map, Plan and Report prepared by Jarrett-Martin, LLP. 4. All proposed construction shall be installed and paid as depicted in the Map, Plan and Report (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent .. . . engmeenng supervIsIOn. 5. The maximum amount proposed to be expended for these improvements will be approximately $1,601,411 including a one time buy-in fee estimated to be $1.25 per gallon of average daily flow, which in this case would be $31,250. The improvement costs for the proposed extension are specifically delineated in the Map, Plan and Report. 6. The estimated cost of hook-up fees to the typical property, annual cost of the extension to the properties and sewer rents are depicted in the Map, Plan and Report. 7. In accordance with Town Law ~206-a, all future expenses of the South Queensbury- Queensbury Avenue Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 8. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed are on file with the Town Clerk of the Town of Queensbury and available for public inspection. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, August 21st, 2000 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law ~209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 11. The Town of Queensbury Community Development Department is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 12. The Town Board hereby authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS IN CONNECTION WITH CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION #5 - STEWART'S ICE CREAM CO. INC.- AND CLOSURE OF ESCROW ACCOUNT RESOLUTION NO.: 320.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 100,99, the Queensbury Town Board established, authorized and approved Extension NO.5 to the Central Queensbury Quaker Road Sewer District, and WHEREAS, by Resolution No.: 131, 1999, the Town Board authorized and executed an Agreement with the Developer, Stewart's Ice Cream Co., Inc. (Stewart's) concerning the Sewer District Extension and as part of the Agreement, Stewart's agreed to deposit funds in escrow with the Town to cover costs related to construction of the sewer facilities, engineering and other related expenses, and WHEREAS, by Town Board Resolution No.: 241,99, the Town Board authorized the return ofa portion of escrow funds to Stewart's and retained the balance of escrow funds to cover a one-year guarantee and Glens Falls Wastewater Treatment Plant Buy-In Costs as requested by the Town's Deputy Director of Wastewater (Deputy Director), and WHEREAS, by Memorandum dated July 21,2000, the Deputy Director has advised that the one- year warranty period has expired and therefore recommends that the Town 1) release the escrow funds (with interest) to Stewart's minus $745.50 to cover the future buy-in costs to the Glens Falls Wastewater Treatment Plant, and 2) close the escrow account, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds with interest held by the Town to Stewart's Ice Cream Co., Inc., minus $745.50 to hold to pay the buy-in costs to the Glens Falls Wastewater Treatment Plant when an agreement is finalized, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to refund the escrow funds, close the escrow account established for Stewart's Ice Cream Co., Inc., and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AWARDING BIDS FOR CONSTRUCTION OF WATER DEPARTMENT MAINTENANCE BUILDING RESOLUTION NO. 321. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 274,2000, the Queensbury Town Board authorized the advertisement for bids for the construction of an addition to the Water Department's Maintenance Building located at 823 Corinth Road, Queensbury, and WHEREAS, the Town's Purchasing Agent duly advertised for bids for construction including site work, mechanical and electrical contracts for the construction project, and WHEREAS, the Town's Water Superintendent and Paul Cushing, the architect providing services to the Town in connection with the construction project, have reviewed all received bids for the contracts and have made bid award recommendations to the Town Board, and WHEREAS, the Town's Purchasing Agent has reviewed the bids and concurs with the bid award recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the construction of an addition to the Town Water Department's Maintenance Building located at 823 Corinth Road, Queensbury, authorizes funding for the project for an amount not to exceed $316,000 and specifically awards the bids to the lowest bidders in each category as follows: CONTRACT CONTRACTOR BID AMOUNT Construction, including Site Work: S&R Construction, Inc. $229,900. Mechanical Work Adirondack P&M $ 34,277. Electrical Work Harold R. Clune, Inc. $ 22,900. TOTAL PROJECT COST: $287,077. such amounts to be paid for from the Miscellaneous Capital Construction Account No.: 119-8340-2899, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: QUEENSBURY WATER: FROM: TO: $ AMOUNT: 40-8320-2899 (Purchase & Supply - Misc. Capital Construction) 40-9950-9000 (Misc. Capital Construction) 40,000. 32-8130-4425 (Sewer Charges-Glens Falls) 32-9950-9000 (Misc. Capital Construction) 40,000. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent to execute any Change Orders that may be necessary for any of the contracts in an amount not to exceed $5,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute any agreements for the contracts in form to be approved by Town Counsel and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR LOW LIFT PUMP REPLACEMENTS FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 322.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Town Board Resolution No.: 164.2000 the Town Board authorized engagement of O'Brien & Gere Engineers, Inc. to provide design and construction phase engineering services in connection with necessary low lift pumping station upgrades at the Town's Water Treatment Plant, and WHEREAS, O'Brien & Gere has presented the Town's Water Superintendent and Purchasing Agent with bid documents and specifications to advertise for bids for the construction of low lift pump replacements, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the construction of low lift pump replacements for the Town's Water Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF FUNDS, BUDGET AMENDMENT AND FUNDING FOR REMOVAL OF ASBESTOS FLOOR TILE RESOLUTION NO.: 323.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in 1999 the Facilities Manager received approval for Purchase Order No.: 991117 in the amount of $2,400 for National Environmental, Inc. to remove asbestos floor tile from the Town Office Building, and WHEREAS, National Environmental, Inc., failed to remove the asbestos floor tile and therefore the Facilities Manager wishes to engages the services of the next lowest bidder, Atlantic Surface Prep, Inc., to perform the work for an amount not to exceed $4,900, or for an additional cost of $2,500, and WHEREAS, the additional cost of removing the tile will strain the Facilities Manager's Departmental budget, and WHEREAS, the attached Budget Amendment Request transferring funds from the Contingency Account to cover the floor tile removal has been duly initiated and justified and is deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1620-4400-22 (Misc. Equipment -Contractual) 2,500. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Facilities Manager to engage the services of Atlantic Surface Prep, Inc., to remove the asbestos floor tile from the Town Office Building for an amount not to exceed $4,900 and take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENCUMBRANCE OF CONTINGENCY FUNDS TO BALANCE FUEL BUDGETS RESOLUTION NO.: 324. 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Comptroller has advised that due to the increased costs of gasoline and other motor fuel prices, some Town departments have already exceeded their motor fuel budgets for the year 2000, and WHEREAS, the Town Comptroller has recommended that the Town Board authorize the encumbrance of Contingency Funds for the amount of $8,000 to be used to balance fuel budgets against actual costs for the remainder of the year 2000, and WHEREAS, the Town Board wishes to authorize the transfer of funds from the Contingency Account to cover increased costs as needed for General Fund Departments to cover vehicle fuel appropriation deficiencies, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the encumbrance of funds in Contingency Account No.: 001-1990-4400 in the amount of $8,000 to be used to balance fuel budgets against actual costs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Comptroller to transfer funds from such encumbered funds as necessary to cover increased costs for General Fund Departments to cover vehicle fuel appropriation deficiencies, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds, amend the 2000 Town Budget and take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF FUNDS, BUDGET AMENDMENT AND PURCHASE OF RECORDING SYSTEM RESOLUTION NO.: 325.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town Clerk and Facilities Manager wish to purchase a new recording system to record Town Board meetings in the Town Supervisor's Conference Room and have received a quotation from Ray Supply, Inc. for such a system for the amount of $1,266.49, and WHEREAS, insufficient funds exist in the Town Clerk's Miscellaneous Equipment Account to cover the purchase, and WHEREAS, the attached Budget Amendment Request transferring funds from the Contingency Account to fund the purchase of the recording system has been duly initiated and justified and is deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: TOWN CLERK: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1410-2001 (Misc. Equipment) 1)00. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Facilities Manager to purchase the recording equipment from Ray Supply, Inc. for an amount not to exceed $1,266.49 and take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 326.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: QUEENSBURY WATER: FROM: TO: $ AMOUNT: 40-8320-2899 40-8340-2899 140,000. (Purchase & Supply - Misc Cap. Constr.) (Trans & Dist. - Misc. Cap. Constr.) Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF JIM GIRARD LANDSCAPE MAINTENANCE CORPORATION FOR MOWING WORK AT TOWN LANDFILL ON RIDGE ROAD FOR YEARS 2001-2002 RESOLUTION NO.: 327.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Solid Waste Facilities Operator has advised the Town Board that it is necessary to arrange for mowing of the approximately 36-40 acres of grass at the Town Landfill on Ridge Road for the years 2001 and 2002, and WHEREAS, the Solid Waste Facilities Operator has received a proposal for the mowing work from Jim Girard Landscaping Maintenance Corporation (Girard) and has recommended that the Town Board authorize Girard to perform the mowing work for an amount not to exceed $1,902.60 for the year 2001 and an amount not to exceed $1,997.73 for the year 2002, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Jim Girard Landscaping Maintenance Corporation for the mowing work at the Town Landfill on Ridge Road for an amount not to exceed $1,902.60 for the year 2001 and an amount not to exceed $1,997.73 for the year 2002 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Solid Waste Facilities Operator to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None DISCUSSION HELD-Councilman Brewer-questioned why we are hiring this done... Supervisor Brower-Noted that we do not have the equipment to do the project.. . very steep...COUNCILMAN TURNER-Noted there is a concern regarding the liner not to be broken... RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY DKC HOLDINGS TO PLANNING BOARD RESOLUTION NO. 328. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, DKC Holdings has submitted an application to the Queensbury Town Clerk's Office for rezoning of a parcel of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for report and recommendation: APPLICATION OF DKC Holdings TAX MAP NO'S: 93-2-20 LOCATION OF PROPERTIES Upper Sherman Avenue, Queensbury, NY APPLICATION FOR: Rezoning of parcel currently zoned Light Industrial- 1 Acre (LI-IA) and Suburban Residential- 1 Acre (SR-IA) to Single Family Residential- 20,000 Square Feet (SFR-20) and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencIes. Duly adopted this 7th day of August, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None DISCUSSION HELD: SUPERVISOR BROWER-Mr. Lapper happens to be here who is the Attorney on this project, John would you care to make any comments? COUNCILMAN MARTIN-..made a little amendment since the last time we talked about it. ATTORNEY LAPPER-Considerable amendment from one hundred acres down to about twenty seven acres and the rest would all be left industrial as a grand compromise the only thing that is being asked to be rezoned is the area that is primarily single family anyway just the area along Sherman Ave. that is residential in character. COUNCILMAN MARTIN-Who is going to be the owner of the remaining sixty acres oflight industrial land? ATTORNEY LAPPER-Larry Clute, it is all Larry he formed this DKC holdings as LLC just to do this project. He is going to hold on to it we have corresponded to Loren Rosenthal saying that we are hoping that Warren County Economic Development would help in the marketing of appropriate industrial projects, the other sixty acres would be left industrial and we will see what happens and come back and talk to you in five years if nothing happens. But, for the time being we will vigorously try to do some industrial, light industrial projects. COUNCILMAN BREWER-You want to put how many houses in here now, John? ATTORNEY LAPPER- Twenty seven. SUPERVISOR BROWER-And this would be referral to the Planning Board? ATTORNEY LAPPER- Yes. COUNCILMAN MARTIN-I am thinking here John that there is an opportunity for some creative economic development here. ATTORNEY LAPPER-How so? COUNCILMAN MARTIN-Like I said before, Larry is a good man I think he is a community minded individual he worked in the Town for a number of years now and he would be the perfect person to consider the idea of a incubator something like that, get the QEDC involved maybe a small cities grant things like that. ATTORNEY LAPPER-What I would say is that the land if available, it is not, Larry is a developer, a builder, so if somebody comes to him with a project he can build it at a good price, he could lease it to somebody he could be involved with that but he is not an economic developer. So, he would look to Warren County Economic Development. COUNCILMAN MARTIN-I am not asking him to be the Economic Developer I am asking him to be a supporting participant. ATTORNEY LAPPER -This proposal lets that, makes an opportunity for that because it is leaving sixty acres industrial on the Luzerne side if somebody comes along with a project. His goal is to develop it and sell it not to own sixty acres sitting there so hopefully between the Town and the County somebody can come along and find a business. COUNCILMAN MARTIN-I am just saying that we should go on the offense here rather than wait for the ball to bounce into our court here, go out there and find out what is in the market you know what types of firms might be attracted or what types of industries might we target and get them to such a facility. ATTORNEY LAPPER-I agree. COUNCILMAN MARTIN-I think we have a real opportunity here rather than just a mundane conventional rezomng. ATTORNEY LAPPER -Since the rest of it is already light industrial it does not really need to ... COUNCILMAN MARTIN-That all being said, I am just saying that I think there is an opportunity here to do something a little special. ATTORNEY LAPPER-Larry would like to enter into a marketing agreement with Warren County Economic Development if they are interested, I have corresponded to them as we were changing the project. COUNCILMAN BREWER-This is the perfect time for Loren Rosenthal to step up to the plate instead of talk about it and lets do it. COUNCILMAN MARTIN-That is what I am saying. COUNCILMAN BREWER-I agree with you. We had that meeting that morning and he came and chastised us for trying to rezone property in the Town that was light industrial because we need that light industrial development, well now is his chance to prove that it can happen. COUNCILMAN MARTIN-I am just saying here we have an opportunity beyond just getting, I know Larry's interest here and rightly so he is a home builder and that is not a bad thing, I wish him the best, but in addition to just homes being built there I would like to see some real bricks and mortar you know tangible evidence and benefit in jobs created out there in that sixty acres in addition to the housing is all I am thinking of. I would like to make it a link between the two and I would like to advance and foster that and I am not looking to be an oger bureaucrat you know with a heavy handed hammer over this guys head I am just saying this is an opportunity here and we should make the best of it. (Councilman Martin-requested that the Clerk forward that discussion to the Planning Board) RESOLUTION REQUESTING SPEED LIMIT REDUCTION FOR PORTION OF AVIATION ROAD, QUEENSBURY RESOLUTION NO. 329.2000 MOTION WITHDRAWN INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer DISCUSSION HELD: Councilman Stec-This is a school and it should be signed and treated the same as Queensbury School... it should have flashing yellow lights... Counsel Hafner-requested that research be done in how to change this to be a school zone... Town Clerk Dougher-requested a more accurate description of the zone. . . Councilman Stec-also need to look at the speed limit on Mountain View Lane. . . Mr. Strough-spoke in favor of the School Zone... Councilman Stec and Councilman Brewer withdrew their motion. RESOLUTION REQUESTING SPEED LIMIT REDUCTIONS FOR MEANDOWBOOK ROAD, QUEENSBURY RESOLUTION NO.: 329.2000 INTRODUCED BY : Mr. Theodore Turner SECONDED BY : Mr. James Martin WHEREAS, the Queensbury Town Board has received requests from several Town citizens to adopt a Resolution requesting that the speed limit(s) be lowered on Meadowbrook Road, Queensbury, and the Town Board concurs with these requests, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the maximum speed limit on Meadowbrook Road be lowered on the section currently set at 55 miles per hour to 45 miles per hour, on the section currently set at 40 miles per hour to 30 miles per hour and on the section currently set at 35 miles per hour to 30 miles per hour all for safety reasons, and BE IT FURTHER, RESOLVED, in accordance with Vehicle and Traffic Law ~ 1622, that the Town Board further authorizes and directs the Town Supervisor's Office to forward a certified copy of this Resolution and any other necessary documentation to the Warren County Department of Public Works and/or New York State Department of Transportation for the purposes of studying and establishing lower maximum speed limit(s) on Meadowbrook Road, Queensbury. Duly adopted this 7th day of August, 2000 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 6.0 TOWN COUNCILMEN'S CONCERNS SUPERVISOR BROWER -Next Monday's W orkshop-7 :00 P.M. topic Mr. Combs Junkyard. . . Mr. Combs and his Attorney would like to talk to the Board... COUNCILMAN BREWER-noted he has visited the site...walked the whole junk yard...asked Mr. Combs for a time frame for cleanup. . . he has not returned the call. .his lawyer has indicated six months. . .in my mind that is not reasonable, we have given him a year and an extra month and a half to comply and he has not done it. COUNCILMAN MARTIN-Noted that when a date is set for completion weekly inspections are to be done showing progression. EXECUTIVE DIRECTOR ROUND-Noted that there will be workshop also on Burke Drive. SUPERVISOR BROWER-Have we had any word on CT Male on Assembly Point. EXECUTIVE DIRECTOR ROUND-Borings were completed Thursday they hope to have a preliminary report available for August 28th... SUPERVISOR BROWER-Noted he had a discussion with Betty Little, she would like to be involved with any discussions we have on Assembly Point Road, would like to see State resources ... will talk to Sweeney's office... COUNCILMAN BREWER-Received a call from a lady on Old Forge Road she has a problem with all the construction equipment, trucks traveling that road to go over to the Park on Sherman Avenue. . . SUPERVISOR BROWER-I did call the Sheriffs Department and told him that we have reports of heavy trucks speeding through those roads and Larry Cleveland indicated that he would alert patrol officers. COUNCILMAN BREWER-Noted he was going to talk to the contractor and see if they can use a different route. COUNCILMAN STEC-West Mountain Road, Mt. View Lane and Bonner Drive that intersection, that is an unsafe intersection I have had a lot of complaints about it the pitch of the road and the signage of the road ... I do not know what the best venue would be for us to ask somebody to take a look at the intersection.. .Re: Complaints regarding off road vehicles, unregistered vehicles, repairing vehicles for commercial enterprise, junk yard boats, operation of snowmobiles on a 20,000 square foot property for pleasure not for maintenance, the feed back I am getting from a lot of people is that they understand that we have short comings in our zoning ordinance to address these good neighbor issues but I would strongly suggest that we work in provisions for that in the new code. . . COUNCILMAN ROUND-That subject came up several months ago and I am not sure how it was addressed. . . noted that the draft will be out in a couple of weeks. RESOLUTION ADJOURING TOWN BOARD MEETING RESOLUTION NO. 330.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury here by adjourns its Regular Session. Duly adopted this 7th day of August, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury