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2001-03-08 REGULAR TOWN BOARD MEETING MARCH 8TH, 2001 MTG #10 RES. #109-1207:10 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER (entered Mtg at 7:32) COUNCILMAN DANIEL STEC (entered Mtg at 7:26) COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Chris Round, Executive Director of Community Development Ralph VanDusen, Water/Wastewater Superintendent Bob Keenan, Information Technology Director Henry Hess, Comptroller PRESS: Glens Falls Post Star Supervisor Brower called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER CORRESPONDENCE Deputy Town Clerk Barber noted the following reports have been received and filed; Receiver of Taxes, Town Clerk, Landfill, Building & Codes and read the following letters into the record: Queensbury Highway Department To Whom It May Concern: My husband, Clyde Cook and I have been living in Queensbury at 1 Susan Place with our daughter, Gay Jarvis and family since our home was lost by fire August 25th. We would like to commend the Highway Department on the fine job they do on the roads and streets in this area. This winter the streets are plowed early, well sanded and ready for people to drive to work with more ease. Please let the people responsible for this services know the Jarvis's and we are grateful. Sincerely, Bernice Cook Dennis Brower, Town Supervisor Dear Dennis: Literacy Volunteers of Glens Falls, Inc., Literacy Volunteers of Glens Falls, Inc., is in the receipt of your check in the amount of $7,000 in accordance with our agreement with the Town of Queensbury, program year January 2001 - December 2001. We appreciate the Town of Queensbury support and investment in direct services to residents with low or no literacy. We believe this is a sound investment in families, economy, and citizenship. Thank you. Very truly yours, Leslie R. Eagle, Executive Director Darleen M. Dougher, Town Clerk Dear Darleen: Thank you for expressing your concern about the elimination of the Operation and Maintenance portion for Counties and New York City in the Consolidated Highway Improvements Program proposed in the Governor's 2001-2002 Budget. The Governor's 2001-2002 will maintain funding levels from last year, but only with the elimination of Operation and Maintenance allotment on the County and New York City level. The proposal states that O&M will receive $23.9 million, a $34.9 million decrease. However, this is only a proposal at this time, there will much more discussion before the budget is final and I will work to see that the funding is reinstated. Thank you for your input. I will keep you updated on any further developments. If you have any additional comments on this or any other issue, please contact my office. Sincerely, Assemblywoman Betty 0' C Little Dennis Brower, Supervisor Members of the Town Board Craig MacEwan, Chairman Members of the Planning Board, Re: Hayes & Hayes, LLC - Proposed Aviation Road Hotel Gentlemen: At this time we would like to formally withdraw our application for the rezoning associated with the Aviation Road hotel project. We have both been surprised at the vehement level of opposition expressed by some of the neighbors. Needless to say, before submitting this proposal to the town we reviewed the record of the public hearings and the correspondence received with regard to the prior unsuccessful restaurant but voiced support for a transitional commercial use on this site which would not have the potential impacts of a restaurant in terms of traffic, odors, noise, lighting spillover and visual aesthetics. In order to address those concerns we proposed a limited service hotel that did not include a restaurant or banquet facilities. The peak hour traffic for this use and scale is 52 cars compared to 163 cars for a Cracker Barrel Restaurant. The peak hour for the hotel does not coincide with peak hour for adjacent roadways. In order to address the visual concerns significantly landscaping was included, especially low growing shrubs and evergreen trees which would serve to block the view from Old Aviation Road and Birch Lane resdences due to the high canopy of existing trees. In recognition of the attributes of this project, the Warren County Planning Board unanimously recommended approval of the proposed rezoning. In comparison, the County Planning Board recommended disapproval of the prior applications for the restaurant projects. That being said however, it is not the intention to pursue a controversial project that would divide our town now or in the future. As young local businessmen we have both decided to make this area our home both domestically and economically. We believe the projects that we have pursued in the past are positive examples of attractive local architecture and site design, a record we hope to maintain. Unfortunately in this particular case, that desire has not manifested itself in the consensus of the public opinion. As emotionally difficult and costly as this has been, we have heard the message and intend to abide by it. At this time we would like to thank Chris Round and the Planning Department for their help and professionalism in dealing with this matter. While often not giving the exact answer we wanted to hear, his department facilitated the merging of fact and public opinion that ultimately made the process one in which the town was well represented. Very truly yours, Mickey Hayes Jamie Hayes Supervisor Brower noted there was a meeting held with Crandall Public Library Board, Town of Moreau Board, Town of Queensbury Board and Friends of Crandall Public Library and gave brief update regarding the discussions. PLANNED DISCUSSIONS 1. Meadows Sr. Housing Project Attorney Jon Lapper spoke to the board regarding the Meadows Sr. Housing Project proposed for Cronin Road and the four acre parcel being offered in lieu of the recreation fees... Engineer Tom Nace gave description of the parcel being offered... Finance Consultant Frank Piazza spoke regarding the funding involved, noting that it is a project dedicated to a hundred percent low income housing and therefore the need to keep the costs minimal in order to maintain the project at it's best.... Councilman Martin noted that there should be a recommendation both from the Planning Board and the Recreation Commission... Town Counsel Hafner read the following into the record: Dennis Brower, Supervisor Town Board Members December 14th, 2000 Re: Meadows PUD Dedication After re-evaluating the offer by the Queensbury Partners, L.P. to donate a four (4) acre parcel of property to the town as part of the Meadow's PUD, the Queensbury Recreation Commission has expressed concerns regarding the following; a) According to the map, the entire 4-acre parcel lays totally within the area delineated as either ACOE or NYS DEC Wetland. As such, would the town be permitted to develop an entry way and parking area on the site if it (the town) were not able to mitigate the wetland disturbance. b) The 4-acre parcel includes approximately 150' of roadway frontage just west of Halfway Brook along Cronin Road that appears to be unsafe (steep curb cut and minimal sight line) for traffic entering, existing the proposed passive recreation area. If a supplemental access site farther down Cronin Road or possibly through the PUD is not a possibility, then the area's value as a useable passive recreation facility becomes questionable. Overall, the parcel has value in conjunction with the other Halfway Brook corridor parcels acquired by the town previously. However in terms of the town accepting the dedicated parcel as part of the PUD agreement at this time, this may not be the best method of acquisition. The town might be better off opting for the $500 per unit recreation fee, in lieu of the property. The approximate $46,000 recreation fee, (96 units @ $500 per) might be of more value to the town, than acquiring the parcel through the PUD. Furthermore, the new Queensbury Land Conservancy organization might consider purchasing the 4-acre parcel as part of the Halfway Brook corridor acquisition project that already includes approximately 86 acres along the brook, already under town control. Thank you. Sharron Simmonds, Chairman Recreation Commission Attorney Lapper noted that the Town Planning Board did incorporate that request to have the parking area and that is part of the approved site plan, that the developer has agreed to grant an area off of Cronin Road. Town Board held discussion regarding the option of land or taking the recreation fees and the possibility of a pilot agreement... Councilman Martin noted that he would rather have the fee in this particular instance and encourage the dedication of the land to the land conservancy trust... would love to see a green way along the brook... I don't see that it's that much of a burden on a seven million dollar project. Supervisor Brower noted his agreement... There maybe an area of compromise where we can come up with a potential value as a credit toward the transfer of the land to the land conservancy.... Regarding the Pilot Agreement, it's a difficult situation, not all low income housing projects are a hundred percent dedicated to low income housing, some are fifty percent, seventy percent, this is more of a true low income project. However, the town and the county face potential challenges and I've explained this to Jon but I think it's appropriate for the record. The county in seeing numerous senior housing projects come forward in the Town of Queensbury expressed great concern over it's increasing Medicaid burden, the matching cost of Medicaid to the county, much of which is potentially going to be generated from the Town of Queensbury because we are forced to pay up to twenty-five percent of the cost of Medicaid costs for seniors. We increased the county budget a million dollars last year alone in anticipating th increased costs of Medicaid services within the County of Warren. With that being said, there is certainly an understanding that if you have a pilot, it is a less costly project and makes things a little more viable and yet at the same time, right from the get go, I've indicated to you I felt the town would be opposed to such a pilot of agreement. And your response to me was that you would pay all the town and county taxes and the special district taxes but you didn't want to pay school taxes and seniors shouldn't have to pay school taxes. None, the less, the school tax in Queensbury is the most ominous tax, I mean it's the highest tax any taxpayer pays and yet it's one of the most important taxes that we pay because it helps educate our children. It's critical we obtain funding for our schools and there's certainly is an acknowledgement that seniors benefit from the education of youth because if we educate our youth properly, they're going to become more productive citizens, hopefully stay in our communty and produce more wealth for the entire community in the long fUll. So, it's a philosophical question which I know you don't agree with me on but I believe we had these discussions even prior to the PUD application process and had a continuing agreement, up until recently that you understood that and they were going forward with the project in any case. So, I'm a little disappointed that the conversation has come up again but none the less, I think it's important for the board members to have a understanding of where you are and what my concerns have been in granting any potential pilot agreement. Attorney Lapper-I recognize that I've been unable to convince you so far to look at it the way the applicant is looking at it but we're asking is that the town view this as a benefit, as a service to the town, if you will because based upon the market study there is a need for low income senior housing and even though there has been a lot of senior projects, other senior projects in the town don't service this part of the market and that's why it's justifiable for the town to contribute in the form of a pilot... Town Counsel Hafner-I would be curious as Town Counsel, how you think you qualify legally for a pilot because they are extremely limited under New York State Law. Attorney Lapper-Under the private housing finance law, there is provision for low income senior housing to get a pilot agreement from the municipality. Town Counsel Hafner-You'll have to share that with me, that's a section oflaw that hasn't ever been relevant to us before. Attorney Lapper- Yes, it is a specific provision that authorizes it for this type of project. The reason why we're coming here now with this part of the project where we've gotten the land use approvals all set is because the applicant is now working with the State Housing Finance Agency to get the approvals there and it's at the point of the application process where they say, okay, you've got your local approvals on the land use, now we like to know if you're going to get a pilot agreement because the state looks more favorably on the application because they want to provide low rents. So that's why we're here now. I'm certainly been clear that the supervisor has told me from the beginning his feeling but now is the time that we need to get back to the state and say yes or no, whether there's going to be a pilot agreement. Mr. Piazza-There's two reasons for a pilot, one would be the burden on the rent, the other would be long term financial viability. Mr. Chris Round, Executive Director-Can I suggest something. You're talking in generalities all along now and I know the board is not going to make a decision on this tonight, would it be helpful to have for the board a simplified (Performa?) to identify what is the impact on rent if you pay a full assessment on rec fees, if you pay a full tax assessment and how is that a critical element in the state's decision making process as far as your funding request. You probably have all that assembled, if you put in a simplified form, so that you can say this is what the impacts are and this is how significant and the board can make a judgement. Attorney Lapper- Totally appropriate and we can do that, we'll provide some detailed financial information. Supervisor Brower-I appreciate the discussion. Frankly it's a troubling subject because I do realize there is a need for affordable senior housing in Queensbury. I'm convinced there is and yet I'm torn with the needs of the community as well. So, maybe we need to involve the school district in this and have some more discussions. I'd be interested in the information that Chris has asked you to project and I think that will give us more information to look at. Principal Developer, Tom Gessler noted that he presently operates five hundred affordable housing complexes and noted that this would be providing for a need of the senior residents of this community. 2.0 Schermerhorn Properties, Inc. - Bay Road Office Park Attorney Jon Lapper noted that Rich Schermerhorn has a proposal, we have optioned eighty acres south of Adirondack Community College and we have an application pending with the Planning Board for an office park which would take up about a third of that property in the part of the MR5 zone on Bay Road that is allowed for an office park. Rich would like to include a daycare center on one of those lots and in the new draft proposed zoning ordinance a daycare center is a permitted use in the MR5 zone. So, we would like because we have no sense of when that is going to come up for discussion and Rich is ready to go with this project but also we think that it makes sense philosophically, that if you have an office park, that it's a nice thing to have a daycare for the office workers, somewhat progressive, that we'd like to ask you to implement that in the MR5 zone now, separate and apart from all of the changes to the zoning code to facilitate this project but also potentially others... This is a request for, nota site specific rezoning but a request for an amendment to the zoning ordinance to allow day care centers to be a permitted use in the MR5 zone... I submitted a petition for rezone which usually you're used to seeing a petition for property, another box to check is a change to the text of the zoning code. Town Board held discussion and agreed to move forward with the process. 3.0 J&J Management Associates, Inc. - Bay RoadJRoute 149 Attorney Jon Lapper spoke to the board regarding a request involving the old Weller Office Building at the corner of Bay Road and Route 149, noting that the proposal is for the Mooring Post Marina to utilize the site for boat sales... The building area is Highway Commercial on that site, that whole area at the intersection is Highway Commercial but on this site, most of this is Rural Residential 3 Acres. So, we're asking for an addition to the Highway Commercial where the office buildings are on the 149 corridor so that they can use that whole area for boat sales.... Tom Nace, Engineer gave description of the property site, noting that they would be adding 1.8 acres as Highway Commercial. Town Board held discussion and agreed to move forward with the process. OPEN FORUM 8:20 P.M. Ms. Barbara Bennett referred to the developer that wrote the letter withdrawing his application at Greenway North and noted that each application has been an improvement but still feels that it should stay green space. Referred to the Meadow's Senior Housing development on Cronin Road and noted there is a great need for this kind of housing... Referred to the Schermerhorn proposal and thought it might be a great way to provide an entrance to A.e.e. during the Balloon Festival. Referred to Resolution 3.2 for the purchase of a mechanical broom sweeper and noted that it's been just two or three years since Paul Naylor bought a brand new one. Councilman Brewer noted that the town has four of them, two of which was purchased second hand from the city after they got their use out of them.. The town has a lot of roads that need to be swept in the spnng. Councilman Martin noted that this is not an addition, it's a replacement to one of the older ones. Mr. Pliney Tucker, 41 Division Road, Queensbury referred to Resolution 3.5 and questioned what the town is accepting and the cost involved? Town Counsel Hafner noted that in the Indian Ridge PUD, there was a provision where they would make a contribution of this property subject to certain conditions which was in the PUD that was approved by the Town Board. They're completing what they were required to do under the PUD, it's nothing more. Mr. Tucker questioned whether the town was giving up the rec fees for that piece of land? Town Counsel Hafner noted that this was all part of the PUD which was approved a long time ago. Mr. Tucker questioned again whether the town was giving up the rec fees for the land? Councilman Turner-No. Councilman Martin-No. Mr. Tucker referred to Resolution 3.6 and questioned whether that was the church at the end of Division Road? Councilman Brewer noted that it looks like an agreement that we're going to go into with them to manage the properties similar to like we do with Hudson Pointe. But I don't know why it's happening so fast because we have talked to the Rec Commission or OSI or anybody, I don't know why we have the resolution. Supervisor Brower-I think the Rec Commission is familiar with this. Councilman Brewer-I'm sure that they are but I we haven't had any discussion with them. Town Counsel Hafner-If the Town Board doesn't want to entertain it, they don't have to, we were told to put it on the agenda. The Rec Commission met with and negotiated the management agreement that is here. It's to let the town have access and use of this property which was given to Beaverkill Conservancy and it ties right into the Hudson Pointe Park, it allows recreational use of this property. Councilman Brewer-I was going to ask to have it pulled so that we can talk with the Rec Commission. Town Board held discussion, agreed to pull resolution until further discussions with the Rec Commission... Mr. Tucker referred to the ten acres at Indian Ridge that was for senior housing from the original PUD and questioned whether the town has any option because there was a time limit on that. Supervisor Brower noted that the town asked for an extension of eighteen months and it was granted to the town. Councilman Stec noted that the town's option is good until August. Mr. Tucker questioned whether the town had the power to change the original PUD? Councilman Martin-Yes, we would. Mr. Tucker referred to the Land Trust and questioned how it will be financed? Councilman Martin noted that they're presently meeting and will be making a presentation before the board to discuss that. Mr. Tucker referred to the seventy acres in Indian Ridge that's being taken off the tax rolls and questioned how much the town will be losing in tax revenue? Councilman Martin noted that most of it was wetlands so it was basically off the tax rolls but for the upper plateau area, unsure what that may be. Mr. Doug Auer, 16 Oakwood Drive, member of the Recreation Commission referred to the four acre parcel being offered through the Meadow's Senior Housing Project and noted that he, personally, would highly recommend the rec fees over the land... I don't believe that the land has any use to the Recreation Department.... The rec fees come very hard to the town and through all the new development at Hiland Park, there are no rec fees being collected because of a blanket gift of land that took place ten or twelve years ago when Hiland Park PUD was approved.... Referred to Pilot Agreements and noted that the school is on record of not being in favor of any kind of Pilot Agreements... Mr. John Salvador referred to the Cronin Road project, is there an age qualification to live in these? Attorney Lapper-Yes. Mr. Salvador questioned who prepared the marketing studies? Attorney Lapper-We've hired a consultant to tell us how many seniors there were in that income level in the town, that's been submitted and is part of the record. Mr. Salvador questioned how many that fit the category would actually utilize the facility? Attorney Lapper recommended getting a copy of the study from the town, it's informative. Mr. Salvador referred to the seventy acres at Indian Ridge and suggested that the homeowners hold that seventy acres in common and leave it as a buffer zone.... Referred to ten acre parcel and questioned what the municipal purpose is for that parcel? Supervisor Brower-Recreation would be a possible use. Mr. Salvador questioned the status regarding the AMG Building being proposed for the Highway Department? Councilman Martin noted that will be discussed during Town Councilmen's Concerns. Mr. Salvador questioned the schedule for the appointment of and the work of the Smart Growth Committee? Councilman Martin noted that too will be discussed during Town Councilmen's Concerns. Mr. Salvador referred to the Hayes & Hayes project that has been withdrawn and noted that this doesn't solve the problem the town has... This whole area has to have a serious look... This organization in the near future must do something with this land and maybe this is a subject for the smart growth committee but this whole corridor, whether it's the Pyramid Mall, the bypass road or the Route 9 Intersection, somehow, someway we've got to come to grips with this and as Jim says, proactive... Maybe the solution to the problem is for the owner of the land to apply for a use variance which would restrict more the granted use as opposed to a zoning change. The fear of a zoning change is that you've got this broad menu of uses and everybody is afraid but if they go for a use variance and they pass the test, that would narrow the permitted use and that would put everyone a little more at rest. Councilman Martin-I have long said and being completely aware of the stringent tests in the law for a use variance there is a good argument to be advance in that regard for this property. Mr. Salvador referred to the new county tax maps being developed and used by the different towns and noted concern with the maps not being accurate and that accuracy is supposed to be determined by the property owner which is difficult for most people... Our Community Development Department is beginning to use these tax maps in the permitting process, they're referred to, they're using them for definitions and people might not agree with them... You can't get copies of them, I've been to the county, they're not ready to print and yet they're in the assessor's office and Chris has them in his office. Mr. Brad Patch, 20 Greenway North referred to the Hayes Rezoning and noted, I'm here to say thank you from the neighborhood for even considering voting no on the rezoning. RESOLUTIONS 8:56 P.M. RESOLUTION INCREASING APPROPRIATIONS IN QUEENSBURY SIDEWALK CAPITAL PROJECT FUND #121 AND AMENDING 2001 TOWN BUDGET RESOLUTION NO.: 109,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 342,2000 the Queensbury Town Board established the Queensbury Sidewalk Construction Capital Project Fund #121 which established initial appropriations in the amount of $45,000 for the construction of sidewalks within the Town of Queensbury, and WHEREAS, the Town Board by Resolution 406.2000 awarded the bid for additional landscaping services along sidewalks constructed along Burke Drive, and WHEREAS, costs for the construction of sidewalks and associated landscaping work are greater than originally estimated, and WHEREAS, the Town Board wishes to increase estimated revenues and increase appropriations in the Queensbury Sidewalks Construction Capital Project Fund #121 by $14,400, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the increase of estimated revenues and increase of appropriations in the Queensbury Sidewalks Construction Capital Project Fund #121 by $14,400 with the source of funds to be a transfer of $14,000 from the General Fund and use of $400 in interest earnings of the project, and BE IT FURTHER, RESOLVED, the Town Board amends the 2001 General Fund Budget, transferring $14,000 from the Sidewalks Misc. Capital Construction Account No.: 01-5410-2899 to Transfer to Capital Projects Account No.: 01-9950-9000 and amends the 2001 General Fund and Sidewalk Construction Capital Project Fund accordingly, and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Town Comptroller's Office to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of March, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AWARDING BID FOR PURCHASE OF THREE-WHEELED MECHANICAL BROOM STREET SWEEPER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 110,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town's Purchasing Agent duly advertised for bids for the purchase of one (1) 2001 Three-Wheeled Mechanical Broom Street Sweeper for use by the Town's Highway Department, and WHEREAS, William H. Clark Municipal Equipment, Inc., submitted the only and lowest responsible bid in the amount of $92,975 and the Highway Superintendent and Purchasing Agent have recommended that the Town Board award the bid to William H. Clark Municipal Equipment, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for one (1) 2001 Three- Wheeled Mechanical Broom Street Sweeper to William H. Clark Municipal Equipment, Inc., for an amount not to exceed $92,975 from Heavy Equipment Account No.: 04-5130-2040. Duly adopted this 8th day of March, 2001 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: None RESOLUTION AWARDING BIDS FOR PURCHASE OF WATER SUPPLY CONNECTION MATERIALS FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO.: 111, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town's Purchasing Agent duly advertised for bids for the purchase of water supply connection materials for use by the Town's Water Department, and WHEREAS, the Purchasing Agent and Water Superintendent have reviewed all received bids and have made their bid award recommendations to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids for the purchase of water supply connection materials for use by the Town's Water Department to the lowest responsible bidders in each category and from the respective accounts as follows: ITEM AND SUCCESSFUL BID BIDDER AMOUNT TO FUND PURCHASE ACCOUNT SPECIFICATION NO. 1. Hydrant Parts (#0 1-0 I)Vellano Brothers $ 4,647.45 40-8340-4240 2. Valve Boxes (#01-02) Vellano Brothers $ 1,800.00 40-8340-2899 3. CastJDuctile Iron Fittings (#01-03) Ramsco $ 8,704.00 40-8340-2899 NO. ITEM AND BIDDER SUCCESSFUL BID AMOUNT TO FUND PURCHASE ACCOUNT SPECIFICATION 4. Tapping Valves and Sleeves (#01-04) Ramsco $12)05.00 40-8340-2899 5. Brass (#01-05) Ramsco $ 3,801.10 40-8340-4320 6. Copper (#01-06) Vellano Brothers $ 3,648.00 40-8340-4320 7. Curb Boxes (#01-07) Vellano Brothers $ 2,650.10 40-8340-4320 8. Ductile Iron Pipe (#01-08)L&C Municipal Sales $67,376.00 40-8340-2899 9. Fire Hydrants (#01-09) Vellano Brothers $ 5,775.00 40-8340-2899 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent and/or Water Superintendent to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of March, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING WATER TANK LEASE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND INDEPENDENT WIRELESS ONE LEASED REAL TY CORPORATION RESOLUTION NO.: 112, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury, on behalf the Queensbury Consolidated Water District, owns a municipal water storage tank located on Gurney Lane (Tank), and WHEREAS, the Independent Wireless One Leased Realty Corporation (Wireless One) wishes to lease space on the Tank's exterior and on a portion of the property surrounding the Tank together with the right to access the Tank and site to install personal communications service system transmission and/or receiver equipment, and WHEREAS, the Queensbury Town Board, Water Superintendent and Wireless One have negotiated leasing terms and are ready to enter into a Lease Agreement, and WHEREAS, a copy of the proposed Lease Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Lease Agreement with Independent Wireless One Leased Realty Corporation substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that such approval is contingent upon the Town Water Superintendent's approval of Exhibits A, B, C and D, if necessary, to the Lease Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Water Superintendent to execute the Lease Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of March, 2001 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF LAND CONSERVATION AREA LOCATED WITHIN THE INDIAN RIDGE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 113,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Town Board Resolution No.: 97,2000 the Queensbury Town Board authorized the Indian Ridge Planned Unit Development Agreement between the Town of Queensbury and Thomas J. Farone & Son, Inc., (Developers), and WHEREAS, as part of the Agreement, the Developers agreed to convey and the Town agreed to accept approximately 70 acres of land depicted as a Land Conservation area located along Fox Farm Road, within the Indian Ridge Planned Unit Development, and WHEREAS, the Developers have submitted to the Town an executed deed and accompanying real estate forms for the Land Conservation area to be conveyed, and WHEREAS, the Deed and real estate forms are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and accepts the transfer of the approximately 70 acre Land Conservation area located within the Indian Ridge Planned Unit Development (Tax Map No.: 73-1-21) from Thomas J. Farone & Son, Inc. in accordance with the Indian Ridge Planned Unit Development Agreement authorized by Town Board Resolution No.: 97,2000, 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, without limitation, the 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 8th day of March, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO. 85.2001 REGARDING PURCHASE OF VEHICLE FOR COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 114,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED IT'S ADOPTION SECONDED BY: Mr. James Martin Supervisor Brower-This request, as you'll see in the resolution has a blank spot here and it either, the way we normally would purchase this vehicle would be with a standard package that would cost $17,619.00. The department requested that we consider a package that costs $18,908.00. The desired difference was to obtain power windows. I spoke to Dave Hatin about this and he indicated that if he's in traffic and people come up to him all the time and want to talk to him, he could roll the passenger window down in traffic. I'll be frank with you, my gut reaction is to go with the base package that we would normally recommend, not allow the additional costs but I don't know how the rest of the board feels. Councilman Turner-That's where I am, I'm with the recommended. Supervisor Brower-The $17,619.00? Councilman Turner-Yes. Councilman Stec- Yes. Councilman Martin-I'll go with the rest of the board but I bet you if you go out there and you walk through that parking lot out there, you're going to find ninety-five percent of the vehicles have electric windows on them. Councilman Turner-I looked at the ones in Community Development and none of them have it. Supervisor Brower-I don't think that's true, is it Henry? I think some vehicles come standard with it, some don't. Mr. Henry Hess, Comptroller-We don't have any. The only thing we've got, this new van that we're buying happens to, just comes with it, it's not even an option package, it's just because it's a van. But we don't buy them with that, no. Councilman Martin-Okay. Supervisor Brower-As a matter off act, I asked Henry, I went in, I said Henry, didn't you tell me that that van had electric windows, he said, yea and I said, well, don't buy electric windows for me and he said, I'm not going to, it's just a standard feature of that particular vehicle. Councilman Martin-All right, I'm fine with that. Councilman Brewer-I would make the pitch and just speaking for me, we approved $18,886.00 a couple of weeks ago for a Cherokee, we're talking about a $102.00 more. Is it going to be worth $102.00 more when we go to sell this thing? You don't think so? I don't think it's that bad of an investment if we're talking about a $102.00 for windows and the other things that he's going to get. Supervisor Brower-We're actually talking $1300.00. Councilman Martin-No, he's saying as opposed to what we approved for the Cherokee. Councilman Brewer-I'm talking about, we approved 18,886, the original on the 12th day of February. We didn't have a problem 18,886. Now, we're having a problem with 19,000, it's a $102.00 more. I think we're getting a $102.00 worth of options on the car for. Councilman Martin-And I bet you that Cherokee had electric windows in it. Councilman Brewer-That's just my position. If we're looking at the perpetual value of it at the end when we sell it, I think it's worth $102.00, I guess is what I'm saying. Supervisor Brower-But you're comparing it to a vehicle we're not purchasing. Councilman Brewer-Understood, but we approved, ifhe said he wanted that Cherokee, we say okay, buy it, is what I'm saying. We approved that two weeks ago, or whenever it was. Now, he's saying he wants to change it to a different vehicle that's $102.00 more. I think we're debating something that to me, it really doesn't make a lot of sense. Supervisor Brower-Well, I just wanted to save the town some money. Councilman Brewer-A hundred and two bucks, over five years. Twenty bucks, Dennis, a year. But that's just my opinion. Supervisor Brower-I understand the board, at least the majority of board members wishing to go with 17,619, is that correct? Councilman Martin-Yes. Councilman Stec- Yes. Councilman Turner-Yes. Supervisor Brower-Okay, then, who made the motion? Deputy Town Clerk Barber-It's been introduced and seconded. Supervisor Brower-Who introduced it, though? Deputy Town Clerk Barber-Tim Brewer introduced it. Jim Martin seconded it. Supervisor Brower-Would you agree to change the motion or make the amendment, the 17,619, do you want to move it or would you prefer to withdraw? Councilman Stec-Do you still want to move it without the power windows, cause we're changing from what you're saying? Supervisor Brower-Do you feel strongly about this? Councilman Brewer-Yea, I kind of do. Supervisor Brower-So, would you prefer to Councilman Brewer-I would prefer to go through the vote and then if it gets turned down then you change it. Councilman Stec- Y ea but do you want to move, you still moved it? Councilman Brewer-Yea, as written. Supervisor Brower-Well, it's not written though. Councilman Stec- Y ou have to choose which one, we're choosing the one you don't like. Supervisor Brower-So, you want to move the 18,908, is that correct? Councilman Brewer-Yea. Wait, I'll withdraw my introduction. Councilman Stec-And I'll move it with the lower amount Supervisor Brower-Mr. Stec will move it with 17,619. Second? Councilman Turner-I'll second it. Supervisor Brower-Second it by Mr. Turner. Councilman Turner-Well, wait a minute, who was the second on the other one? Councilman Martin-I withdraw my second. Supervisor Brower-In that case, to clarify it the motions for an amount of $17,619.00, let's vote. RESOLUTION AMENDING RESOLUTION NO. 85.2001 REGARDING PURCHASE OF VEHICLE FOR COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 114,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 85.2001 the Queensbury Town Board authorized the purchase of several Town vehicles including the purchase of one (1) 2001 Jeep Cherokee for the Town Community Development Department, and WHEREAS, the Executive Director of Community Development has advised the Town Board that the Jeep Cherokee was not the vehicle requested by his Department as it does not meet the Department's needs and therefore has requested Town Board authorization to instead purchase one (1) 2001 Chevrolet S- 10 4wd Extended Cab Pick-Up under New York State contract, and WHEREAS, the Town Board wishes to amend Resolution No. 85.2001 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No. 85.2001 to delete that portion of the Resolution authorizing the Community Development Department's purchase of one (1) 2001 Jeep Cherokee and instead hereby authorizes the Community Development Department's purchase of the Recommended 2001 Chevrolet S-lO 4wd Extended Cab Pick-Up in the amount of$17,619 in accordance with New York State Contract No.: PC57128. Duly adopted this 8th day of March, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES Mr. Brewer ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE NEW AMBULANCE RESOLUTION NO.: 115,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to replace its 1995 ambulance by purchasing one (1) 2001 Horton Type III ambulance for the approximate sum of $121,3 00, and WHEREAS, the Squad has been guaranteed a trade-in value of $26,000 on its 1995 ambulance and so the net purchase cost of the new ambulance will actually be approximately $95,400, and WHEREAS, although the Squad has adequate funds in its restricted vehicle fund for the ambulance purchase, the Town Comptroller has recommended that since the Squad will need to replace a Rescue Truck and incur debt within the next year, it would be beneficial for the Squad to use $45,400 from its restricted vehicle fund and borrow the balance of approximately $50,000 in order to take advantage of current low interest rates, and WHEREAS, the Town Board wishes to set a public hearing concerning the proposed ambulance purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed purchase of a new ambulance by the West Glens Falls Emergency Squad, Inc. on April 2nd, 2001 at 7:00 p.rn., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 8th day of March, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: None BEFORE VOTE: Town Board agreed to amend resolution to schedule hearing date for April 2nd rather then March 19th. RESOLUTION AUTHORIZING JOEL CLUGSTONE TO CARRY OVER ONE WEEK OF UNUSED VACATION TIME RESOLUTION NO.: 116,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Joel Clugstone, Building & Codes Enforcement Officer, has requested Town Board authorization to carry over one week of unused vacation time beyond his April 3rd employment anniversary date, and WHEREAS, Mr. Clugstone will utilize the five days before the end of April, 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Joel Clugstone to carry over one week of vacation time, such time to be utilized by the end of April, 2001. Duly adopted this 8th day of March, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING FOR NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO PURCHASE ONE (1) 2001 SAULSBURY PUMPER RESOLUTION NO.: 117,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the North Queensbury Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to replace its 1976 Pumper by purchasing one (1) 2001 Saulsbury Pumperfor the approximate sum of $270,000, and WHEREAS, the Fire Company plans on selling its 1976 Pumper with the proceeds being deposited back into the restricted vehicle fund, and WHEREAS, the Fire Company plans to use the balance of its restricted vehicle fund estimated to total approximately $160,000 at the time of delivery and enter into a Purchase Lease Agreement with Evergreen Bank for the balance of approximately $110,000 at 70% of the Federal Home Bank Rate plus 2%, and WHEREAS, the Town Board wishes to set a public hearing concerning the proposed Pumper purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed purchase of a new Pumper by the North Queensbury Volunteer Fire Company, Inc. on April 2nd, 2001 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 8th day of March, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None BEFORE VOTE: Town Board agreed to amend resolution to schedule hearing date for April 2nd rather then March 19th. TOWN COUNCILMEN'S CONCERNS 9: 15 P.M. Councilman Martin questioned the status of the Zoning Ordinance. Mr. Round, Executive Director noted, we received a revised draft from Chazen the end of January, we've had it approximately six weeks. We've been looking at it. We have forwarded suggestions about, additional suggestions about reformatting and number organization of the ordinance. It does include several recommendations that were brought forth at our September public information meeting. We're going to come back to you in a couple of more weeks and present an actual plan for final revision, adoption and informational hearings on the project. Councilman Martin-How responsive have they been to prior comments? Mr. Round, Executive Director-I'd say fifty, fifty to you probably, Jim, to speak directly to your concerns. We will present to you a couple of options. They didn't include options for consolidations of zones. The steering committee went through that process, felt that there was difficulty in trying to consolidate zones. So, we're going to give you two examples to show you what those problems are. I think that there's been a constituency out there that thinks that the ordinance, that this draft is not a good ordinance and we're ready, the Town Planning Staff is ready to support it. We think that the ordinance is responsive to the Comprehensive Land Use Plan. That the reorganization is going to make it more user friendly. We propose to develop a user's guide, a simplified version of the zoning ordinance that most people will be able to gain information that they regularly look for. We want to sell the document that it's not a static document. It's been thirteen years since the document has been revisd and that we regularly revisit the ordinance. There are communities in New York State and across the nation that goes through annually or semiannually or every five years go through a regular review of the regulation schemes and that we proposed to do that. A lot of the reaction is actually to the Comprehensive Plan that you have in place, the 1998 Comprehensive Plan which is in excess of, it's not two years old, it's not three years old, it's more like six years old because of the development process. So, we're already preparing to develop a frame work for a new comprehensive plan. We're at that point and I think that's what you talk when you talk about smart growth, that's an element of a comprehensive plan. We're trying to complete our build out analysis, that's an element of a comprehensive plan. We're faced with issues right now that weren't contemplated in the 98 ordinance. Senior housing, that's something that we've got to look it. What is affordable housing. We need to complete this processin order to move on with the planning process and we're kind of mixing the two up but we'll go into further detail and we'd like to dedicate a workshop or an evening meeting to discuss with the board on this probably in mid April, late April or a May meeting. Our goal is to have an ordinance and to complete this process by September or October of this year. Not for the sake of completing the process alone but we hopefully, there's so many good things in the ordinance, the design guidelines, we've got to adopt design guidelines. We've got to adopt the Environmental Performance Standards. We've got to adopt some of the other elements now before too much more development occurs. You've seen a rash of rezonings in the last eighteen months. We've got to put this stuff in place so that we're not reacting individually to these things, so that we can react in a Councilman Martin-That's been my concern. Mr. Round, Executive Director-Yea, we've got to handle this in a timely process. We're still pressured, our work load is tremendous. We're meeting with Aviation Mall tomorrow, Town Supervisor and the planning staff. Great Escape will be submitting their proposed Final EIS next week. Target is in line to develop a proposal. So, we're seeing a lot of big projects that demand a lot of our time and to focus on this and handle development projects at the same time, is very difficult to do. So, we've got to complete this in a timely basis. It may not be perfect, it may not be everything that you want it to be or a citizen wants it to be but we think it's going to be a quality product and that we'll commit to reviewing individual sections on a regular basis.. A couple of weeks will have a formal unveiling for the board and then propose a schedule for you. Councilman Martin-Smart Growth appointments, can we have a resolution next meeting? Supervisor Brower-I thought we would have a special meeting for that. Do you want to do interviews or do you want to accept everybody that's applied for it? Councilman Martin-How many applicants? Supervisor Brower-Six applicants. Councilman Martin-In my estimation, I would just appoint whose applied, go with it. Town Board held discussion, agreed to appoint all applicants and have resolution prepared for next regular meeting. Councilman Martin-Where are we with the Capital Projects Plan? Mr. Hess, Comptroller-We submitted that to the Town Board and Supervisor several weeks ago and we're waiting for a workshop to go over that. Supervisor Brower-That will be an important workshop that we need to schedule. Councilman Martin-How does everybody feel about extending an invitation to Bill Remington to attend one of our meetings and bring us up to date on the Main Street Highway Corridor project. Councilman Brewer-I would be in favor of that. Councilman Stec- That's an excellent idea. Councilman Martin-And I wouldn't even mind extending that invitation onto the project manager, Clough Harbor.... I would like to extend that invitation formally. Town Board held discussion and the following resolution was proposed: RESOLUTION OF FORMAL INVITATION RESOLUTION NO.: 118,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby formally extends an invitation to Mr. Bill Remington, Warren County Department of Public Works Superintendent and Clough Harbor Associations, Project Manager to the March 19th, 2001 Town Board Meeting to update the Town Board regarding the Main Street Highway Corridor Project. Duly adopted this 8th day of March, 2001, by the following vote: AYES: Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None Councilman Martin-What about North Queensbury Sewers, I would like to have Mr. Lamy come here and talk to us. Supervisor Brower-He's on the meeting for Monday, I scheduled that with him two or three weeks ago. Councilman Martin-Good. Where are we with the Highway Garage and the AMG purchase, what's the next step? Councilman Stec-I thought we were going to get some word on PCB's. Councilman Turner-That's right. Rick has a folder over there from Mr. Lexy from the last time we looked at it that identifies the PCB and everything. The move was to take it off, they haven't taken it off the list yet. That's my understanding. Councilman Brewer-I would prefer if we waited until the 12th or the 19th until we get that other information. Councilman Martin-All right, I just want to keep it moving. Councilman Brewer-The meeting with the City, we filled the agenda that night with other items that we previously said that we're going to talk about, can we set up another date... Town Board held brief discussion, recommended the 11th or 12th of April and Supervisor Brower agreed to contact mayor to schedule the meeting. Councilman Stec-Because we saw a previous board stumble on this so I just wanted to remind everyone in the crowd that, all though we haven't taken any action yet, there is a road abandonment coming down the pike for Clifford Avenue off of Warren Street. So, as a matter of public record, I'd like to remind the crowd that is something that is before the board so that in the future, if there's questions, we can at least say it was mentioned at several different town board meetings.... The noise ordinance, real brief, one sentence status? Mr. Round, Executive Director-We met February 22nd with Town Counsel, Warren County Sheriff, Town Justice, Town Supervisor, Stuart Messinger and received some excellent input on modifications to that. I drafted a modified ordinance February 28th, our Town Counsel has that, they've made a preliminary review, they should be making some comments and finalizing that. We would bring it back to the Town Board for a workshop and then follow that for a public hearing. Councilman Stec-Has anyone from the town officially or unofficially talked with anyone down in Wilton or Roy McDonald regarding their desire to look into a water deal. Supervisor Brower-Actually, I tried to get a hold of him today. Councilman Stec- I just think we should pursue it. Supervisor Brower-I wanted to find out if he was serious about it. Councilman Martin-I heard that he is. Supervisor Brower-Well, I wanted to ask that question though. I saw him down in New York and he never said a thing about it. Councilman Stec-Well, Jim and I bumped into him in New York too and that's when he told us. So, I mean I think it's worthwhile pursuing. I mean, if we can put together a deal, great, if we can't, but we should try. Councilman Martin-As long as we're meeting the needs of the people in Queensbury, and in their interest, we should be aggressively pursuing the sale of water. Councilman Stec-Right because it will lower the residents rates. Supervisor Brower-I have a concern that I want to ask for some guidance on from the Town Board. I've been collecting our sidewalk maintenance vouchers from the Highway Commissioner and each one frankly is very well detailed and it documents equipment cost and it documents time, hours of work per the individuals that are working. He's been able to do all the sidewalk work on regular time, not on any overtime. So, they've been able to handle the task and frankly, they've done a great job. I don't want to indicate anything else but I do have a concern because when we approved the highway, we did approve a $75,000.00 for maintenance of sidewalks basically, this year in our budget. And yet, and I guess it's just a paperwork transfer really because if I sign all these, this goes into the revenue account of the Highway Department but until we would approve an appropriation, it wouldn't be spent. So, it would be there but it wouldn't be touched. My concern is this, equipment rental, hours of work, in the regulr highway budget, we budgeted for forty hours of work for the workers over the course of the year. If they're not working on overtime, should we indeed be sending a revenue to the department when in fact they wouldn't normally receive any extra revenue? It's more or less a bookkeeping thing but it just didn't make sense to me. Councilman Martin-It's just like when we hire them to do drainage work. Supervisor Brower-Drainage work, we don't Councilman Turner-It's the Town Board. Councilman Martin-And we're doing the same thing. Councilman Brewer-Because that money he's not getting, those men could be doing something other then the sidewalks. They could be doing other things so I don't feel that we should not pay them. Supervisor Brower-Well, it's almost like we're paying them twice though. Councilman Brewer-You're not though. Supervisor Brower-And I had a problem with it and I've had it sitting there and they're building up and I didn't want to leave them there too much longer. Am I the only one with a concern? Councilman Turner-This has been talked about ever since I've been on the Town Board. The same thing with the other supervisors, it's been the same thing. Supervisor Brower-And the board always felt it was appropriate and just pay them? Councilman Turner-It's appropriate and you just pay thern. Councilman Brewer-It's the same thing Dennis that, if we ask Rick to do the job at Queensbury Forest, we're going to pay him to do that. Councilman Turner-Yes, we are, it's drainage. Supervisor Brower-Okay. Councilman Brewer-One last thing, I spoke with the West Glens Falls Fire Company Chief and told him about the idea of the inventory of street lights... they were very receptive of it and I asked when they schedule their chiefs meeting, I'd like to be invited to it and explain it to them all and they'll bring it back to the body and see when and how we can do that. ATTORNEY MATTERS 9:40 P.M. Town Counsel Hafner referred to memo dated the 5th given to the Town Board regarding sewer negotiations where we ask for direction on whether or not we should send the letter. It's something the sewer committee proposed, it's something Dennis feels strongly about but we wanted to make sure that we had the total Town Board support. Town Board held brief discussion and authorized counsel to forward letter. Town Counsel Hafner referred to Freedom Park and noted that the Town Recreation Committee received the revised agreement with the Independent Living Center... The Town Board has shown strong support for that, at least verbally at these meetings and asked us to move forward. We prepared the agreement and sent it several months ago and asked for review, we got our response last Friday of last week. We've made the changes that they requested, we've put it before the Recreation Committee this week. Harry Hansen ran into me as I walking over to this meeting and said that there was at least one issue that they had which I think we can deal with but you can probably expect that that will be something that will be on the next Town Board Meeting if you want to move forward with this. Town Board held discussion and agreed to move forward. Town Counsel Hafner noted that Clifford Avenue is on for the 19th, also known as Cement Works... Combs Junk Yard, you asked us to report on. As you know that is a junkyard that has continued to act in violation of our ordinance. The license hasn't been renewed and the Town Board has been understanding but has said this is far enough, we have to move. The Town Counsel has worked with Dave Hatin and Dave has issued a violation and that will put it before Town Court and what we frankly expect, we don't know what the court will do, we expect the court will do some sort of ACOD which says, if you do this by such and such time, then it will go away as though it never happened. But if you don't, then the penalties and other things will start accruing. Supervisor Brower-Mr. Combs was concerned and he did talk to me for about forty minutes today regarding the situation and I think he will be in a mood to comply. Town Counsel Hafner-The town's been reasonable but we've taken the action that you have asked. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 119,2001 INTRODUCED BY: Mr. James Martin WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss personnel matters. Duly adopted this 8th day of March, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION & REGULAR TOWN BOARD MEETING RESOLUTION NO.: 120,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. Duly adopted this 8th day of March, 2001, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY