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2001-09-10 REGULAR TOWN BOARD MEETING 09/10/2001 MTG#37 REGULAR TOWN BOARD MEETING RES#344-363 7:10 P.M. MTG#37 SEPTEMBER 11, 2001 B.H. 37-41 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER BOARD MEMBERS ABSENT COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER TOWN OFFICIALS EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT, CHRIS ROUND COMPTROLLER, HENRY HESS DEPUTY WASTEWATER DIRECTOR, MIKE SHAW DEPUTY WATER SUPERINTENDENT, BRUCE OSTRANDER EXECUTIVE ASSISTANT, TO SUPERVISOR, BILL LA VERL Y PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR BROWER-Opened meeting. PUBLIC HEARING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT - BENEFIT TAX ROLL FOR 2002 OPENED 7:11 P.M. NOTICE SHOWN DEPUTY WASTEWATER DIRECTOR, MIKE SHAW-This roll for 2002 is kind of business as usual, we do it each year we have done it for the last twelve years. Anyway the roll has been updated with the necessary changes and information land usage and property ownership and acreage. It includes the new tax map numbers mandated by the State Government. We also sent notices to each and every individual this year the property owner. In the past we've sent notice of the public hearing two legal notices in the Post Star. This year each individual property owner was notified of the public hearing. Anyway this years total unit for the propose roll is down some three hundred and eighty points. That's mainly due to the commercial water consumption the commercial water it was down approximately twelve million gallons over the previous year. The good news of this whole roll is. SUPERVISOR BROWER-Gallons were down twelve million gallons? DEPUTY W ASTEW A TER DIRECTOR, MR. SHAW-The gallons were down about twelve million gallons. The good news about this roll is basically everybody always ask about the dollars how is this affect me dollar wise. The bond and interest payment, which this roll pays for, is down this year and we project the unit rate to be down about two point five percent. We're projecting the unit rate for 2002 to be ninety-six forty. SUPERVISOR BROWER-What was it last year again? DEPUTY WASTEWATER DIRECTOR, MR. SHAW -Last year it was 9905 per unit. SUEPRVISOR BROWER-Are you going to send notice to everybody in this district each year from now on? DEPUTY WASTEWATER DIRECTOR, MR. SHAW -Yes we will. According to the New York State Court of Appeals there was a court case this past November it involved the Town of Dover and the Court of Appeals had a ruling that just a legal notice in the paper for a special district benefit roll was not enough that each individual user had to be notified so that's what we did. As long as that ruling is in force we will send the notice each year to everyone. SUPERVISOR BROWER-And here I thought you were trying to make us look good in an election year. Actually the fact that the sewer cost has gone down is good, but it's two prong right. One is decrease in water usage how about your interest? DEPUTY W ASTEW A TER DIRECTOR, MR. SHAW-There are three different bonds we have and they mature at differenttimes. One matures in 2006 the other two in 2011, the other one 2015. We're on the down side of those bond payments now we should see each year a decreasing bond and interest payment each year until they are paid. COUNCILMAN BREWER-Let me ask you a question Mike. Why would the bank use so much is it because of watering or is it metered sewer? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-I'm not sure which parcel you are looking at Tim or which bank. COUNCILMAN BREWER-Glens Falls just out of curiosity. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Commercial property is based on acreage and water usage. COUNCILMAN BREWER-I'm looking at prior year consumption. Is that all metered sewage or is it water? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-That's metered water use. A lot of the users in the district have used two meters it is what we call a dedicated meter. They can put a separate water meter it only meters the water they use on the facilities that goes in the sewer. Most of the large users have those in place now a few of the smaller users don't they will pay a tax based on their total water usage which is maybe lawn watering. SUPERVISOR BROWER-Have you had any significant improvements in combating infiltration is that part of the. . DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Sure every year we have a program now this is the fourth year we've done it identifying our infiltration problems. We TV those mains inspect those mains repair them. This year we've found a few problems and we had monies put in the budget for next year for repairs. Last year we found three substantial leaks that saved us estimated like fifty thousand dollars in treatment costs. That's an on going program that we'll do every year and we'll identify those because we pay for every gallon we're interested in cutting our infiltration down. SUPERVISOR BROWER-That's a pretty good savings. Any other questions from board members prior to opening this up to the public? JOHN SAL V ADOR- The twelve million gallons of reduced flow what does that represent at the percentage of the total flow? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-I'm not sure I haven't broken it down the percentages John. MR. SAL V ADOR- What's the total annual. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-If you can read that it's right there. MR. SALVADOR-Sixty six million, twelve million is one fifth. So the sewer flows for some reason have been reduced by twenty percent? DEPUTY DIRECTOR OF W ASTEW ATER, MR. SHA W-I think there are several reasons for that this past year. One thing it was a very wet rainy year I think water usage was down. The next reason that I mentioned that some of the large users have installed these dedicated meters. In prior year c.R. Baird has done that. Albany Engineering has done that. Also the numbers you are seeing in here too are for the first time is the effects of the parcel on Exit 19, the restaurant it used to be Howard Johnson's this is the first year you really don't see their water usage in there. Although they are still in here because it is a commercial parcel you are not seeing water usage in here because we use prior water usage they were a substantial part of that too, also. MR. SALVADOR-So they are not paying for water and they are not paying a sewer tax on that water. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-They are paying a sewer tax once again. MR. SALVADOR-The ad valorem portion I would suspect they are still paying. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-That's correct based on units based on their acreage that's correct. MR. SALVADOR-Just for discussion purposes. There could be a facility out there that uses our water you mentioned c.R. Baird they probably have a need for process water I don't know where it goes when they are finished with it if it's once through it may not go down the toilet. That means they don't pay a sewer tax on that water is that what we're saying? These two meters that these facilities have what are they metering? The part that is not to be considered sewage flow, I could think of some businesses that have tremendous need for swimming pool makeup water. The Great Escape I don't know where they get their makeup water for all of their water rides if you will. COUNCILMAN BREWER-They buy it from the Town. MR. SALVADOR-They are not paying a sewer tax on that some of that water could be going... COUNCILMAN BREWER-The Great Escape is not in the sewer district. MR. SALVADOR-Some how or other there are two meters on the system as I understand it. DEPUTY DIRECTOR OF WASTEWATER, MR. SHA W-I think I can answer your question John. I think he's kind of concerned on how the meters are fixed. There are two meters; first of all there is one meter on the parcel that meter all water usage on the property they pay for the water usage through the Water Department. The second meter is so affixed that they have an outside irrigation system that meter is set beyond that so all they are paying for is the gallons they use on premises that goes down the sewers. MR. SALVADOR-Some of these have need for water other than irrigation. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-In the case of Great Escape, Great Escape is not in the sewer district yet we hope they will be in the future, but certainly we'll offer them the same possible benefit of establishing two meters having a dedicated meter to meter the sewage or the water that goes down in the sewer line for sewage. MR. SALVADOR-All I'm saying is you can operate a sanitary facility with low flow type fixtures where you don't use much water, but boy do you generate a lot of waste and it's concentrated waste and it cost money to treat it and move it. A lot of these facilities have swimming pools they have back wash water I don't know where they send that. Process water if it's once through where does it go? If it isn't once through they've got to cool it. DEPUTY W ASTEW A TER DIRECTOR, MR. SHAW -Your question of the Great Escape and the process water that's something that we haven't got to that point we have it in the back of our minds we need to find out what they do with their water at the end of the year from their rides and that's something we're going to discuss with them. MR. SAL V ADOR- The point I'd like to make is that you can discharge waste, which has a high concentration very little water needed to move it to convey it. That's what the purpose of water is it's just to convey it. Somebody's sewer tax.and here you are seeing twenty percent. SUPERVISOR BROWER-Thank you Mr. Salvador anyone else care to comment on this public hearing at this time? ATTORNEY JOHN LEMERY-I'm a little confused Mr. Supervisor this has nothing to do with the Great Escape does it this matter before you? SUPERVISOR BROWER-No it doesn't. ATTORNEY LEMERY-The Great Escape buys it water from the Town of Queensbury and buys its makeup water from the Town of Queensbury. There is no process used in the park. SUPERVISOR BROWER-I understand. ATTORNEY LEMERY-If the park ever does go on a sewer system it will discharge to the sewer system which ultimately presumably will go into the waste water treatment plant of the City of Glens Falls that's hopefully what the plan is assuming that it gets built at some point, thanks. SUPERVISOR BROWER-Thank you. Would anyone else care to speak on the Central Queensbury Quaker Road Sewer District public hearing? Seeing none I'll close the public hearing at this time. PUBLIC HEARING CLOSED 7:25 P.M. RESOLUTION ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2002 RESOLUTION NO. 344,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with New York State Town Law 202, the Queensbury Town Board has prepared the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2002 assessing the expense of district improvements of general sanitary sewers located in the Central Queensbury Quaker Road Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on September 10th, 2001 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2002 for payment of public improvement expenses within the District in accordance with New York State Town Law 202, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. Duly adopted this 10th day of September, 2001 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner SUPERVISOR BROWER-Spoke to the board regarding canceling of September 24th, Regular Town Board Meeting due to Crandall Public Library Outreach Session to be held at Queensbury High School. After further discussion it was the decision of the board to reschedule Regular Town Board Meetings for October 1st, and October 15th, and 29th. Budget workshop sessions on October 8th, 22nd. The following resolution was passed. RESOLUTION CANCELING REGULAR TOWN BOARD MEETING FOR SEPTEMBER 24, 2001 RESOLUTION NO.: 345, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the next regular meeting of the Queensbury Town Board is scheduled for Monday, September 24th, 2001, and WHEREAS, the Town Board wishes to cancel this meeting so that the Town Board may instead attend Crandall Public Library's Outreach Meeting scheduled for that evening, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby cancels its regular Town Board meeting scheduled for Monday, September 24th, 2001 with the next regular Town Board meeting to be on Monday, October 1st, 2001 at 7:00 p.m. Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Stec NOES None ABSENT:Mr. Martin, Mr. Turner RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 346,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 10th day of September, 2001, by the following vote: Ayes: Mr. Brower, Mr. Stec, Mr. Brewer Noes: None AbsentMr. Martin, Mr. Turner PUBLIC HEARINGS PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF KRIS ERCEG OPENED 7:30 P.M. NOTICE SHOWN KRIS ERCEG APPLICANT PRESENT SUPERVISOR BROWER-Good evening, you are Mr. Erceg? MR. ERCEG-Yes, I am. SUPERVISOR BROWER-Thank you for coming this evening. You can go ahead and make your statement. MR. ERCEG-I'm seeking a sewage disposal variance on my house on 674 Moon Hill Road. I have a sheet that Mr. Scudder printed out for me to show you what we're trying to do that's about it. COUNCILMAN BREWER-What happened to your original septic? MR. ERCEG-It was in the back of and the rear was to close to the water and they had a leak that leaked out was heading towards the stream so he crushed that. I put a new septic tank in and now I have to put this treatment system. COUNCILMAN BREWER-How old is the house? MR. ERCEG-The house is about a hundred and fifty years old. COUNCILMAN BREWER-So the system is.. MR. ERCEG-In nonexistence now there is just a tank there, but I need this system too. SUEPRVISOR BROWER-This stream what stream is that? MR. ERCEG-It's the runoff at Glen Lake. It's the runoff right below Glen Lake right on this closer side over here right off of Bay right here. It goes down into Dream Lake or Sunnyside right. COUNCILMAN BREWER-Correspondence from Dave or anything? DEPUTY CLERK O'BRIEN-There is a letter do you want me to read it? COUNCILMAN BREWER-Can you read it. SUPERVISOR BROWER-Can you please read that into the record. DEPUTY CLERK O'BRIEN-Read following letter into the record. Dear Board Members: After reviewing the site plan for Mr. Erceg, I have found that this is the only place, which will meet the requirements from all wells in the area. Unfortunately, it will require the new septic system to be only 87 feet from the stream. There is no other place on the property where this system could be place. Therefore, I see no reason why the Town Board could not approve the variance. If you have any questions, please don't hesitate to contact me. Unfortunately, due to prior commitments, I am unable to attend this Board meeting. Thank you for your attention in this matter. Sincerely, David Hatin, Director Building and Code Enforcement SUPERVISOR BROWER-Do you have questions for the applicant? COUNCILMAN BREWER-I'm just looking at it to see if there is any other way you can to do, but I didn't realize the well was there. MR. ERCEG-You have the well that's too close and then you have the neighbor that is too close on the other side so therefore this is the only place that we could figure out to put it. COUNCILMAN STEC-Speaking for myself I'd rather keep it if we had to sacrifice the distant to the stream verses the distance to the well I'd rather hold the distance to the well. I think Dave's proposal is probably the best location. SUPERVISOR BROWER-Is it a reasonable assumption to assume that you are beyond a hundred feet to your well or any other well? COUNCILMAN BREWER-Yes, just a hundred feet. I don't have any problem doing these, but maybe I can make a suggestion. Why don't we start having an engineer look at these things instead of us that don't know anything about these? MR. SALVADOR-That's Dan. COUNCILMAN BREWER-He's not this type of an engineer. COUNCILMAN STEC-I'm not a P.E. SUPERVISOR BROWER-You mean like C.T. Male? COUNCILMAN BREWER-Whomever. SUPERVISOR BROWER-Our Town Engineer. COUNCILMAN BREWER-We have engineers that look at stuff for the Planning Board right? COUNCILMAN STEC-I don't think that's necessary in this case. COUNCILMAN BREWER-I'm not saying in this case, but I'm saying in the future. I don't feel comfortable in making these decisions that I don't know anything about. This system here doesn't bother me he has no other alternative, but what if something happened. SUPERVISOR BROWER-Tim that's true in most of the decisions we make as a Board of Health we have the ultimate responsibility. COUNCILMAN BREWER-I understand that, but I'm saying why not add a little assurance to it. How long could it take an engineer to look at this no possible way it could take him more than an half an hour. COUNCILMAN STEC-Is that a year around stream? MR. ERCEG-Yes, year round. SUPERVISOR BROWER-Ideally an engineer would potentially even visit the site for slopes and things. COUNCILMAN STEC-We've been over that ground before on other more complicated applications. COUNCILMAN BREWER-We do have an engineer stamp it. MR. ERCEG-Isn't that why you would hire one that's why I used him. COUNCILMAN BREWER-You have too. That discussion can be held later rather than hold this fellow up. COUNCILMAN STEC-Right. I think this one is pretty cut and dry. You are right because we brought to that with other applications that one time we turned it down, but the question was who to make pay for it you called that one a couple months ago. I don't have a problem with it. COUNCILMAN BREWER-That's fine I don't have any other questions. SUPERVISOR BROWER-Thank you Mr. Erceg I may call you back up here a little later. Would anyone care to comment on this particular application at this time? NO PUBLIC COMMENT SUPERVISOR BROWER-In that case I'll close the public hearing at this time. PUBLIC HEARING CLOSED 7:36 P.M. COUNCILMAN STEC-It doesn't bother me at all how far from the right a way it is. The name of the game in this whole thing is the water source as I said before I'm happy that it's a hundred feet from the wells and eighty-seven feet from this stream doesn't concern me. SUPERVISOR BROWER-I agree. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF KRIS ERCEG RESOLUTION NO.: BOH 37, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Kris Erceg filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health authorize Mr. Erceg to install an in-drain absorption system one foot (1') from the right-of-way in lieu of the required ten feet (10') setback and eighty-seven feet (87') from a stream in lieu of the required one-hundred feet (100') setback on property located at 674 Moon Hill Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on September 10th, 2001, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Kris Erceg for two (2) variances from the Sewage Disposal Ordinance to allow Mr. Erceg to install an in-drain absorption system one foot (1') from the right-of-way in lieu of the required ten feet (10') setback and eighty-seven feet (87') from a stream in lieu of the required one- hundred feet (100') setback on property located at 674 Moon Hill Road, Queensbury and bearing Tax Map No.: 289.07-2-6. Duly adopted this 10th day of September, 2001 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT:Mr. Martin, Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF SCOTT CARTIER RESOLUTION NO.: 38,2001 INTRODUCED BY: Mr. Tim Brewer 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, Scott Cartier has applied to the Local Board of Health for a variance from Chapter 136 to allow his septic system to be located eighty-seven feet (87') from his well in lieu of the required one- hundred feet (100') setback on his property located at 26 Reardon Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queens bury will hold a public hearing on October 1st, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Scott Cartier's sewage disposal variance application concerning his property situated at 26 Reardon Road, Queensbury (Tax Map No.: 289.07-1-31) 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 10th day of September, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Stec NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DALE AND FLORENCE JARVIS RESOLUTION NO.: BOH39, 2001 INTRODUCED BY: Mr. Tim Brewer 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, Dale and Florence Jarvis have applied to the Local Board of Health for a variance from Chapter 136 to allow their replacement septic system to be located ninety feet (90') from Glen Lake in lieu of the required one-hundred feet (100') setback on their property located at 35 Fitzgerald Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queens bury will hold a public hearing on October 1st, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Dale and Florence Jarvis' sewage disposal variance application concerning their property situated at 35 Fitzgerald Road, Queensbury (Tax Map No.: 41-1-12) 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 10th day of September, 2001, by the following vote: AYES Mr. Brower, Mr. Stec, Mr. Brewer NOES None ABSENT:Mr. Martin, Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF CHRISTINE MOZAL RESOLUTION NO.: BOH40, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Christine Mozal has applied to the Local Board of Health for a variance from Chapter 136 to allow a leach field to be located one-hundred eighty (180') from a well in lieu of the required two- hundred feet (200') setback on property located at 298 Glen Lake Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queens bury will hold a public hearing on October 1st, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Christine Mozal's sewage disposal variance application concerning property situated at 298 Glen Lake Road, Queensbury (Tax Map No.: 289.09-1-87) 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 10th day of September, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT:Mr. Martin, Mr. Turner RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.BOH41, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 10th day of September, 2001, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Brower Noes: None AbsentMr. Martin, Mr. Turner CORRESPONDENCE DEPUTY CLERK, O'BRIEN-Noted the Town Clerk Monthly Report for August is on file in the Town Clerk's Office. Read the following letter into the record. To: Craig Brown, Date: August 23,2001 Dear Mr. Round: We have recently been employed to complete a zoning due diligence report on a property within the jurisdiction of the Town of Queensbury. We were extremely impressed with the assistance we received from Craig Brown, Code Enforcement. Mr. Brown is entirely knowledgeable of the Town of Queensbury Zoning Code, responded promptly to our questions, and was professional in all respects. We have not had the pleasure of working with Mr. Brown previously but his customer service skills with regard to this contact were outstanding. He is an excellent representative of the Town of Queensbury Government. Congratulations on your outstanding staff. We hope to have the pleasure of working with the Town of Queensbury again in the near future. Sincerely, Lisa Morris, Vice President The Planning & Zoning Resource Corporation OPEN FORUM MR. SALVADOR-Spoke to the board regarding the resolution concerning Crandall Public Library noting that this is progress. Questioned how much of the two million is to be funded by the municipalities? COUNCILMAN BREWER-Questioned if he thought it was necessary that it be broken down in the resolution? Noted the library has a formula of how much the Town of Queensbury pays that share or proportion is five eighty-three. MR. SALVADOR-What percentage of that parcel funding from municipalities are we paying in that we pay five hundred eighty three thousand? ATTORNEY HAFNER-Read into the record from Crandall Public Library 2002 Proposed Budget noting it shows one million one hundred forty thousand some odd as being the total of the three municipalities contributions with Queensbury's looks like just more than half of that total. MR. SALVADOR-Noted the library tax has doubled in less than ten years. Noted for many years he was not only a property owner, but also a resident and a registered voter noting that he is no longer a registered voter in the Town. The way this is being put on the ballot he will be denied the opportunity to vote on this district tax noting he pays taxes to this district. ATTORNEY HAFNER-This is being done exactly in accordance with the Statue that was passed by the State Legislature. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding Town Board to Abandon Portion of Clifford Avenue. Noted when this was originally proposed there was talk about an easement. COUNCILMAN STEC-Noted it is in the resolution. ATTORNEY HAFNER-Noted the easement has been signed and exists noting they have reviewed it. MR. TUCKER-Spoke to the board regarding proposed budget of the library asking who created the figures? SUPERVISOR BROWER-The library. MR. TUCKER-Asked if it was the library or Christine McDonald? SUPERVISOR BROWER-Noted assumes she may have been involved in determining it. MR. TUCKER-Noted she was the one who sent all the information to the County when they established the rate, questioned if she is still doing this? SUPERVISOR BROWER-Not sure. ATTORNEY HAFNER-Doesn't know the answer to that question. MR. TUCKER-Asked Supervisor Brower to find out. SUPERVISOR BROWER-Noted he would ask the question. DEPUTY DIRECTOR OF W ASTEW ATER, MR. SHAW-Spoke to the board regarding Order for Setting Public Hearing for Route 9 Sewer District. Noted in the Map, Plan, and Report it describes the area of discharge the facility that is going to treat our sewage as the City of Glens Falls noting currently that is not a true statement because we are still in negotiations with the City of Glens Falls. Noted his concern is when they get to the point they have to give this document to Audit and Control and DEC for the review if we don't have that secured there is going to be a problem. Recommended to the board they could move ahead and set the public hearing hold the public hearing noting there is a thirty day referendum period which will give us to some where around the first of November and we move ahead and hopefully secure capacity for that. SUPERVISOR BROWER-Noted that is a reasonable suggestion. COUNCILMAN BREWER-Asked if they could amend the resolution saying they are in current negotiations for capacity? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Both reviewing agencies look for a place of treatment noting he is sure they wouldn't look favorably on the review of this if we said we didn't have a place to treat the sewage. ATTORNEY HAFNER-Noted their viewpoint would be if you don't have a place to send it then you shouldn't form the district. SUPERVISOR BROWER-Noted they have been proactive in taking the steps we've taken this far. We've made assumptions that we are going to be able to come to an agreement. We're actively trying to address wastewater problems of our business district on Route 9, including the Great Escape up to Rte 149 noting he thinks they should continue on this path or unless something happens that precludes that from happening. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Working on the RFP's expected to go out this week. Asking for response for RFP's by October 9th, to be back to the board on the fifteenth with recommendations. ATTORNEY HAFNER-Spoke to the board regarding the Route 9 Sewer District noting they just received the revised Map, Plan, and Report after speaking with Chris Round it seems like we will need some technical assistance because this is a larger than normal sewer district noting there are some specific SEQRA issues that relate to this. Will be coming back to the board with a resolution to engage an engineering firm to help prepare the SEQRA response and the EAF. RESOLUTIONS RESOLUTION AND CONSENT OF QUEENSBURY TOWN BOARD TO ABANDON PORTION OF CLIFFORD AVENUE ALSO KNOWN AS CEMENT WORKS AND CONSENT BY TOWN HIGHWAY SUPERINTENDENT RESOLUTION NO.: 347, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Highway Superintendent has received a written request from the Glens Falls Lehigh Cement Company for the abandonment of a portion of Clifford Avenue, also known as Cement Works, in the Town of Queensbury, and WHEREAS, it is the Town Board's understanding that such portion of Clifford Avenue has not been used and has been blocked off for many years with piles of stone rubble, and WHEREAS, the Highway Superintendent has confirmed that this portion of Clifford Avenue has not been maintained or used in over six years, is not needed for any Town purpose and the portion has become useless to the Town, and WHEREAS, although a public hearing is not required by law, the Town Board nonetheless in its discretion chose to conduct public hearings concerning the discontinuance on February 26th and March 5th, 2001 and heard all interested parties concerning the proposed abandonment, and WHEREAS, the Town Board has received a Water Easement for its water district improvements located on this property in form acceptable to Town Counsel, and WHEREAS, to abandon this portion of a road in this fashion, the Town Highway Superintendent needs to sign, file and record in the Town Clerk's Office the written description of such abandoned road, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the portion of Clifford Avenue, also known as Cement Works, sought to be abandoned is not needed for any Town purpose, has become useless and is not necessary, and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the abandonment of the following portion of Clifford Avenue, also known as Cement Works, having the following two metes and bounds descriptions: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, being that portion of Clifford Avenue lying south ofNYS Highway No. 656 known as Lower Warren Street and former Warren Street, leading from said Lower Warren Street westerly to the D&H Railroad, more particularly bounded and described as follows: BEGINNING at the northeast corner of Parcel BB, as described in a deed from Glens Falls Cement Company Inc. to Glens Falls Lehigh Cement Company by deed dated April 6, 1999 recorded in book 1111 of deeds at page 232; running thence South 80 degrees, 49 minutes and 00 seconds East, along said State Highway, a distance of 40.00 feet to a point in the northwesterly bounds of Parcel R as described in said deed; thence running South 06 degrees, 00 minutes and 00 seconds West, along the westerly bounds of Parcel R, a distance of 161. 00 feet to the southeast corner of said Clifford Avenue in the northerly bounds of the former Warren Street; thence running South 86 degrees, 50 minutes and 00 seconds East, along the said former Warren Street, a distance of 405.00 feet to the southeast corner of Lot 6 in the Fairlawn Tract; running thence North 06 degrees, 00 minutes and 00 seconds East, along the easterly bounds of said Lot 6, a distance of 19.07 feet to the corner in the southerly bounds ofNYS Highway No. 656 Lower Warren Street; thence running South 59 degrees, 54 minutes and 00 seconds East, along said lower Warren Street, a distance of 187.85 feet to a point therein as intersected by northerly bounds of Parcel W, as described in said deed 1111, page 232; running thence North 86 degrees, 50 minutes and 00 seconds West, along the northerly bounds of Parcel W and along the northerly bounds of an angle in the Delaware and Hudson Railroad, a distance of 520.33 feet to an angle point in said lands of Delaware and Hudson Railroad; running thence North 49 degrees, 14 minutes and 00 seconds West, along the said lands of the Delaware and Hudson Railroad, a distance of 117.14 feet to the southwesterly corner of said Clifford Avenue; thence running North 06 degrees, 00 minutes and 00 seconds East, a distance of 159.76 feet to the point and place of beginning, containing 0.91 acres ofland to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. AND All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the northerly bounds of Old Warren Street at its intersection with the easterly bounds of the City of Glens Falls and the westerly bounds of the Town of Queensbury; running thence along the northerly bounds of said Old Warren Street, South 88 degrees, 38 minutes and 00 seconds East, a distance of 56.18 feet to a point in the southwesterly bounds of the Delaware and Hudson Railroad; thence running along the same South 49 degrees, 20 minutes and 00 seconds East, a distance of 98.53 feet to a point in the southerly bounds of said Old Warren Street; thence running North 88 degrees, 14 minutes and 00 seconds West, along the southerly bounds of Old Warren Street, a distance of 13 7.41 feet to a point in the easterly bounds of the city of Glens Falls corporate line; thence running along said corporate line, North 06 degrees, 00 minutes and 00 seconds East, a distance of 61.65 feet to the point and place of beginning, containing 0.137 acres ofland to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Highway Superintendent to sign this Resolution and Consent and that such signature shall constitute the Town Highway Superintendent's consent to such abandonment and the statutory requirement that he shall sign the written description of such abandoned road, and BE IT FURTHER, RESOLVED, that upon signing this Resolution and Consent, the Town Highway Superintendent shall file and record this Resolution and Consent with the Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign real property form TP-584 and take all such actions relating to the recording of the Water Easement and effectuating all terms of this Resolution. Duly adopted this 10th day of September, 2001, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Stec NOES: None ABSENT:Mr. Martin, Mr. Turner JAMES M. MARTIN TOWN SUPERVISOR DENNIS R. BROWER TOWN COUNCILMAN THEODORE TURNER DANIEL STEC TOWN COUNCILMAN TOWN COUNCILMAN TIM BREWER RICHARD A. MISSIT A TOWN COUNCILMAN TOWN HIGHWAY SUPERINTENDENT ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED CREATION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO. 348,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the Route 9 Sewer District, and WHEREAS, a District Formation Report (Map, Plan and Report) has been prepared by C. T. Male Associates, P.C., professional engineers, concerning the proposed sewer district formation and the construction of sewer facilities along both sides of Route 9 from Weeks Road up to State Route 149, such area including The Great Escape Theme Park, its proposed hotel and conference center, as well as the Warren County Municipal Center, the Factory Outlet Stores and all other properties bordering Route 9, 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, coordinated SEQRA review will be conducted and the Town will send a copy of Part I of the EAF and the Report to all potentially involved agencies including the New York State Department of Environmental Conservation and New York State Department of Health together with all required documentation and a letter indicating that the Town Board will be undertaking consideration of the project identified in this Order, that 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, and WHEREAS, the Town Board wishes to establish the proposed Route 9 Sewer District in accordance with Town Law Article 12-A NOW, THEREFORE, IT IS ORDERED: 1. The boundaries of the proposed Route 9 Sewer District are shown on the Map of Proposed Sewer District attached as Appendix B to the Map, Plan and Report attached to this Order. The benefited properties proposed to be a part of the Sewer District are as detailed on Exhibit A of this Order, which Exhibit A shall be incorporated in this Order. 2. The proposed improvements will connect the new sanitary sewage system to be constructed along Route 9 to the City of Glens Falls Wastewater Treatment Plant by constructing gravity collection sewers, a set of pump stations, pressurized force main sewers and a gravity sewer to transport the flow to the Quaker Road Sewer District and Meadowbrook Pump Station. The wastewater will then be pumped from the Meadowbrook Pump Station to the City of Glens Falls for treatment. These improvements are more fully described in the Report and a list of the components of these improvements is included as Exhibit B to this Order. 3. All proposed improvements shall be installed and paid for as described in the 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 engineering supervision. 4. The maximum amount proposed to be expended for these improvements is $5,170,000 including a one time buy-in fee to the City of Glens Falls wastewater treatment facility and for the Quaker Road Sewer District a total estimated buy-in of $300,000. The improvement costs for various components of the proposed Sewer District are specifically described in the Map, Plan and Report. 5. The properties within the proposed Sewer District vary widely in their respected use. The estimated cost to each property is listed in Appendix D to the Map, Plan and Report and a list of each property owner and tax map number with the estimated costs of each parcel is attached as Exhibit B of this Resolution and is incorporated in this Resolution. The proposed Sewer District will charge properties based on a formula, not on assessed value. There is no "typical" property in this extremely varied district, but the cost to the typical property would exceed the average costs to a Sewer District calculated by the State Comptroller's Office so the Town will have to apply for permission of the State Comptroller's Office to establish this District. The estimated annual cost of the Project to the typical one or two family home in the proposed Sewer District will be $357.78. There will be only a $10 permit fee by the Town for hook-up to the proposed Sewer District. Each property owner will arrange for his/her hook-up to the System at his/her own cost. There will be no additional charge to the Town. The cost to retain a private contractor to install a new collection sewer system and/or sewer lateral between a building and the main Project sewer lines vary significantly depending on the individual conditions including distance from the line and various subsurface conditions. 6. A detailed explanation of how the estimated cost of the District to the typical property, and, if different, the typical one or two family home was computed is included in the Report which is on file with the Town Clerk and available for public inspection. 7. The proposed method of financing the total cost of the Project is to finance the estimated project cost of $5, 170,000 over 30 years using Environmental Facilities Corporation (EFC) financing, resulting in an estimated annual cost of approximately $299,000. IfEFC financing cannot be arranged then the Town will issue its own municipal bonds or bond anticipation notes for this project. Debt service on the Bonds will be paid by an annual benefit tax charge to users and annual sewer use charges will be imposed to pay the costs of operation and maintenance. 8. The Town Board shall meet and hold a public hearing to hear all persons interested in the establishment of the Sewer District, consider the Map, Plan and Report and take such other and further action as may be required or authorized by law at 7:00 p.m. on Monday, October 1st, 2001 at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York. 9. 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, complete or arrange for the securing of the required two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing and file a certified copy of this Order with the State Comptroller on or about the date of publication. 10. The Town Board further authorizes and directs the Community Development Department to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. Duly adopted this 10th day of September, 2001 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT:Mr. Martin, Mr. Turner RESOLUTION AWARDING BID FOR HYDRO-PNEUMATIC WATER STORAGE TANK FOR SHORE COLONY WATER DISTRICT TO GARTNER EQUIPMENT COMPANY, INC. RESOLUTION NO. 349,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 277,2001, the Queensbury Town Board authorized the issuance of up to $170,000 in serial bonds to pay the cost of acquisition, construction and installation of improvements to the Shore Colony Water District System and authorizing issuance of up to $170,000 in bond anticipation notes to fund these improvements, and WHEREAS, by Resolution No.: 299,2001, the Town Board authorized the advertisement for bids for the purchase of a Hydro- Pneumatic Water Storage Tank to replace the existing tank for the Shore Colony Water District, and WHEREAS, a Notice to Bidders was duly advertised and one bid was received, and WHEREAS, the Town's Water Superintendent and Purchasing Agent have reviewed the bid and recommended that the Town Board award the bid to the only and therefore lowest, responsible bidder, Gartner Equipment Company, Inc., for a total bid amount of $16,010 ($13,140 for the Tank and $2,870 for cathodic protection), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the purchase and funding for a Hydro-Pneumatic Water Storage Tank to replace the existing tank for the Shore Colony Water District and awards the bid for the purchase to Gartner Equipment Company, Inc., for a total bid amount of $16,010 ($13,140 for the Tank and $2,870 for cathodic protection), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this purchase shall be in accordance with Resolution No.: 277,2001 and authorizes and directs the Town Comptroller to arrange for payment of the $16,010 total bid amount to Gartner Equipment, Co, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent, Town Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September, 2001, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Stec NOES : None ABSENT: Mr. Martin, Mr. Stec RESOLUTION SETTING PUBLIC HEARING ON THE GREAT ESCAPE THEME PARK'S PROPOSAL TO AMEND TOWN ZONING ORDINANCE TO AUTHORIZE ALTERNATE PARKING LOT DESIGN FOR CERTAIN QUALIFYING USES RESOLUTION NO.: 350,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the existing Queensbury Zoning Ordinance, Chapter 179, Article IX, 179-66, requires construction and maintenance of off-street parking associated with certain commercial or institutional buildings or uses, and WHEREAS, in instances where off-street parking is required under the Zoning Ordinance, the Ordinance prescribes that parking lots must contain internal landscaped "divider strips" and "traffic islands" to physically separate aisles of parked cars with passive curbing structures "for the purpose of ensuring safety of vehicles moving within the parking area and to control speed," and WHEREAS, on June 25th, 2001, in connection with a proposed major expansion of the Great Escape Theme Park LLC (Great Escape) in the Town, the Town Planning Board as SEQRA Lead Agency published a Final Generic Environmental Impact State (FGEIS) and on July 11th, 2001 issued a SEQRA Findings Statement and decision approving such expansion subject to the mitigation measures, project conditions and impact thresholds for future development set forth therein, and WHEREAS, the FGEIS for the Great Escape proposed the creation of 2,600 new off-street parking spaces within the Park property to mitigate the existing and future impacts of traffic congestion on Route 9 and the 1-87 Exit 20 interchange in the vicinity of the Park, and WHEREAS, the FGEIS and Findings Statement evaluated several alternative parking lot designs and determined that a so-called "festival parking" design which eliminates the internal divider strips and traffic islands within the proposed Great Escape parking lots and which substitute active management with parking lot attendants for traffic control purposes would minimize environmental impacts from the Project, and WHEREAS, the Planning Board's decision and findings regarding allowing an alternate parking lot design were supported by the FGEIS analysis which determined that elimination of curbed islands and use of lot attendants to direct parking from an entering queue would minimize traffic impacts by allowing cars to be more quickly parked, thus reducing traffic delays, and WHEREAS, the FGEIS also determined that the festival parking layout would minimize environmental impacts from the Project by allowing fewer acres of land to be disturbed for parking lot construction with the proposed alternate lot design compared to the conventional retail parking lot design requiring passive curbed islands and similar traffic control structures, and WHEREAS, because the proposal for an alternate parking lot design and its attendant potential environmental impacts and benefits was considered in detail in the generic environmental review for the Great Escape expansion project, no further SEQRA compliance is required in connection with this proposed action requesting that the Town Board amend the Town Zoning Ordinance to allow for the proposed alternate festival parking lot design, and WHEREAS, the Queensbury Town Board wishes to provide an opportunity for public comment on the proposed zoning changes, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, October 1st, 2001 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendments to the off-street parking requirements of the Town Zoning Ordinance described in this Resolution and more specifically as follows: 1. 179-66(B)(3) regarding "Off-Street Parking and Loading" shall be amended by adding the following underlined words: Except for an enclosed shopping center and those parking lots or parking areas for which the Planning Board authorizes a Festival Parking Alternate Design as provided by 179-66(B)(3)(d) of this Ordinance, any parking lot or parking area that will contain more than one hundred fifty (150) cars shall be effectively divided by planted divider strips planted with trees fixed in place so as to effectively divide each parking area of one hundred fifty (150) cars from another driveway and parking area for the purpose of ensuring safety of vehicles moving within the entire parking area and to control speed. " 2. A new subsection 179-66(B)(3)(d) shall also be added to the provision regarding "Off-street Parking and Loading" as follows: d. Festival Parking Alternate Design - The previous provisions of this section to the contrary notwithstanding, the Planning Board may waive those provisions of this subsection requiring planted divider strips and planted traffic islands within parking lots or parking areas for uses such as amusement centers, ski centers and similar places of mass gathering where parking in the lots will be managed and filled by parking lot attendants who will direct entering vehicles from an access driveway to a particular parking space; provided, however, that for uses entitled to this waiver, the minimum tree planting requirements which would otherwise be mandated by 179-66(B)(3)(c)[2] and [3] for plantings within the divider strips or traffic islands shall be added to the applicable minimum planting requirements for the planted buffer area surrounding the parking lot, as is otherwise required by 179-66(B)(3)(c)[l] of this section. 3. A new definition of "FESTIVAL PARKING ALTERNATE DESIGN" shall be added to the "Definitions and Word Usage" provision of the Town Zoning Ordinance, 179-7(B) in the alphabetical listing of definitions, immediately following the definition "FENCE" as follows: FESTIVAL PARKING AL TERNA TE DESIGN - An alternate design for off-street parking lots required under this Ordinance that does not require planted divider strips or planted traffic islands or similar structures to passively control vehicles moving across the parking lot, which alternate design is allowable for certain uses where the parking of vehicles will be actively managed by parking lot attendants. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit the proposed amendments to the Queensbury Planning Board for its report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law 265, the Town's Zoning Regulations and the Laws of the State of New York. Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Brower, Mr. Stec, Mr. Brewer NOES None ABSENT:Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING ENGAGEMENT OF BEHAN PLANNING ASSOCIATES, LLC TO ASSIST IN PREPARATION OF OPEN SPACE PLAN FOR TOWN OF QUEENSBURY RESOLUTION NO.: 351,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 234, 2001 the Queensbury Town Board authorized and directed the Town's Community Development Director and/or Senior Planner to distribute a Request for Proposals (RFP) to qualified contractors to assist in the Town's development of an Open Space Plan, and WHEREAS, RFP's were sent to qualified consultants and the Town received two proposals, and WHEREAS, the Senior Planner and Open Space Plan Proposal Review Committee reviewed these proposals and have recommended that the Town Board engage the services of Behan Planning Associates, LLC for an amount not to exceed $35,000 as delineated in Behan's proposal dated July 19th, 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Behan Planning Associates, LLC to assist the Town in developing an Open Space Plan for an amount not to exceed $35,000 to be paid from the Community Beautification/Consultant Fees Account No.: 01- 8510-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Senior Planner to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR LANDSCAPING INSTALLATION SERVICES RESOLUTION NO.: 352,2001 INTRODUCED BY: Mr. Daniel Stec Who Moved Its Adoption SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 273,2000 the Queensbury Town Board authorized submission of an application for Adirondack North Country Community Enhancement Program funds through the New York State Division of Housing and Community Renewal, and WHEREAS, the grant application was submitted and the Town was awarded a $24,400 grant from the New York State Division of Housing and Community Renewal, and WHEREAS, by Resolution No.: 29,2001 the Town Board established appropriations and estimated revenues for the grant funds, and WHEREAS, by Resolution 89,2001 the Town Board the Town's Senior Planner prepared a Request for Proposals (RFP) to distribute to qualified contractors for professional landscape design and contracting services such services to include preparation of a landscape plan and installation of landscaping on Town-owned land located at the northwest corner of Quaker and Bay Roads, and WHEREAS, only one response was received, and WHEREAS, in an effort to accommodate a greater response by qualified contractors, the Town's Senior Planner revised the original proposal by separating landscaping design services from landscaping installation services, and WHEREAS, professional landscaping design services were donated by The L.A. Group, Landscape Architects and professional surveying services were donated by VanDusen and Steves, Licensed Landscape Surveyors, thereby eliminating the need for a proposal for landscaping design services, and WHEREAS, the Town Board wishes to solicit bids for the landscaping installation services, 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 the Town's Senior Planner and/or Executive Director of Community Development to prepare a bid package for the professional landscaping services described in this Resolution, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent, once she is provided with the necessary bid documents from the Senior Planner and/or Executive Director of Community Development, to publish an advertisement for bids for the landscaping installation services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to advertise for Bids beginning no later than September 17, 2001, with bids to be received by September 28, 2001 at 2:00 p.m., 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, preferably at the October 1st, 2001 Town Board meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent, Senior Planner and/or Executive Director of Community Development to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September, 2001, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Stec NOES: None ABSENT: Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDS IN CONNECTION WITH "LAKE GEORGE - PLAN FOR THE FUTURE" RESOLUTION NO.: 353,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, several communities residing within the Lake George Watershed Basin have diligently worked for the past 18 months to develop a document entitled "Lake George - Plan for the Future," (Plan) as an update to the 1987 document entitled "The Plan for the Future of the Lake George Park," and WHEREAS, funding for this last year's efforts have been in part provided by the New York State Department of State's Local Waterfront Revitalization Program, and WHEREAS, the evolution of activities has resulted in the adoption of the Plan during the 2001 calendar year, the formation of the Lake George Watershed Conference and implementation of recommendations listed in the Plan, and WHEREAS, the New York State Department of State has issued a Request for Applications for grant funding assistance that includes funding of "preparation or implementation of intermunicipal water body management plans," and WHEREAS, the Town of Queensbury has been a conscious, active participant in developing the Plan, and WHEREAS, the Town Board feels that this grant program will benefit the Lake George Watershed Basin and Town of Queensbury residents, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of the submission of an application for grant funding in accordance with the New York State Department of State's Request for Applications as referenced in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign an application and any other documentation for such funding assistance for submission to New York State and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September, 2001 by the following vote: AYES : Mr. Brower, Mr. Stec, Mr. Brewer NOES None ABSENT:Mr. Martin, Mr. Turner RESOLUTION AMENDING RESOLTUION NO. 285,2001 REGARDING REPLACEMENT OF CURBS IN VICINITY OF BROAD ACRES RESOLUTION NO. 354,2001 INTRODUCED BY: Mr. Daniel Stec PULLED WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer DISCUSSION HELD COUNCILMAN STEC-Questioned how they were ten thousand eight hundred short on the estimate for concrete cost noting they have already done the project and the money is spent. SUPERVISOR BROWER-Discussion that occurred was the Town was originally going to provide the concrete we didn't provide it so the contractor had to provide it to form the curbs. COUNCILMAN STEC-Questioned why didn't they provide the concrete? After further discussion it was the decision of the board to pull this resolution to look into matter further. RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 354, 2001 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 2001 Town Budget as follows: COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8020-4720 01-8010-44003,600 (Consultant Fees) (Misc. Contractual) 01-8020-4720 Beaut./Consultant Fees) 01-8510-47206,400 (Consultant Fees) (Comrn. 01-1990-4400 Beaut./Consultant Fees) 01-8510-472018,460 (Contingency) (Comm. PARKS AND RECREATION: FROM: TO: $ AMOUNT: 01-7020-13 50-0000 Contractual) 01-7020-4400-0000 1,400. (Rec. Maint. PT) (Misc. PARKS AND RECREATION: FROM: TO: $ AMOUNT: 01-7110-1460-0002 Comm. ) 01-7110-4105-000030. (Mech. Proj.-Overtime) (Mobile 01-7110-1460-0002 Water) 01-7110-4230-0000900. (Mech. Proj.-OT) (Purchase of 01-7110-1460-0002 01-7110-4460-0000 100. (Mech. Proj.-OT) (First Aid Serv.) 01-1990-4400 01-7110-20803,185. (Contingency) (Pool Equipment) TAX RECEIVER: FROM: TO: $ AMOUNT: 01-1330-4791 Equipment) 01-1330-2001240. (Equip. Maint. Contracts) (Misc. TOWN CLERK: FROM: TO: $ AMOUNT: 01-1330-4791 Clerk-Record Restoration) 01-1410-44532,230. (Equip. Maint. Contracts) (Town Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING ONE YEAR UNP AID LEAVE OF ABSENCE FOR COLLEEN KIMBLE, TOWN ANIMAL CONTROL OFFICER RESOLUTION NO.: 355, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Colleen Kimble, Town of Queensbury Animal Control Officer (ACO), has requested Town Board approval to take a one year unpaid leave of absence, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board grant such a leave with an effective date of October 1st, 2001 extending through September 30th, 2002 with the understanding that Ms. Kimble will inform the Town by July 29th, 2002 if she intends to return to her position as Town ACO upon expiration of her unpaid leave of absence, and WHEREAS, in accordance with the Town of Queensbury's Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA), Town Board approval is necessary before an employee may take such a leave, and WHEREAS, the Town Board has carefully considered the circumstances of Ms. Kimble's request and the Executive Director of Community Development's recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants a one year unpaid leave of absence to Colleen Kimble, Town Animal Control Officer (ACO) effective October 1st, 2001 through September 30th, 2002 in accordance with the Town's Agreement with the Town of Queensbury Civil Service Employee's Association (CSEA), and BE IT FURTHER, RESOLVED, that should Ms. Kimble decide not to return to her position as ACO upon expiration of her leave, she shall notify the Town Board and Executive Director of Community Development in writing of her intention by July 29th, 2002, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Stec NOES None ABSENT :Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING APPOINTMENT OF TEMPORARY ANIMAL CONTROL OFFICER RESOLUTION NO.: 356, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by prior Resolution, the Town Board has authorized a one year unpaid leave of absence for Colleen Kimble, Town of Queensbury Animal Control Officer (ACO), and WHEREAS, it will be necessary to hire a Temporary ACO during Ms. Kimble's absence and so the Executive Director of Community Development posted availability for the position, reviewed resumes and interviewed interested candidates, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board authorize the employment of Joseph Lombardi as Temporary ACO, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the temporary employment of Joseph Lombardi as temporary Animal Control Officer during Colleen Kimble's absence, effective September 17th, 2001, at the rate of pay delineated for the position in the Town's Agreement with CSEA to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Brower, Mr. Stec, Mr. Brewer NOES None ABSENT :Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SYMPONY ORCHESTRA PULLED DISCUSSION HELD COUNCILMAN BREWER-Spoke to the board regarding the concert that was scheduled noting it was canceled due to a storm noted his concern for payment for a concert that wasn't held. SUPERVISOR BROWER-Noted the resolution is for a concert in the spring, which would enable us to sponsor part of it, is to be held in Queensbury. Noting the Orchestra was there they were prepared to play had lightening and thunder felt it was dangerous so the concert was canceled. Under the Union Agreement that the musicians work under they are obligated to pay them whether they perform or not. After further discussion it was the decision of the board to pull this resolution to discuss at workshop. RESOLUTION AUTHORIZING ACCEPTANCE OF RECONFIGURED MC ECHRON LANE IN PHASE I OF EMERALD GROVE SUBDIVISION RESOLUTION NO. 357,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 80.2001, the Queensbury Town Board authorized acceptance of McEchron Lane located in Phase I of the Emerald Grove Subdivision, and WHEREAS, the deed for such prior dedication is inconsistent in a minor way with McEchron Lane as it was laid out and constructed in accordance with the Town's requirements, and WHEREAS, McEchron Lane, as now proposed to be dedicated, is more particularly described in the survey prepared by VanDusen & Steves, Land Surveyors, LLC dated August 15, 2001 and presented at this meeting, and WHEREAS, the deed provided for the entire McEchron Lane is correct and has the proper description which will replace and add to the prior deed, and the Town Highway Superintendent recommends its acceptance, and WHEREAS, the Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with the Town Water Department's standards, and WHEREAS, the form of the deed and title to McEchron Lane as now offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of McEchron Lane in Phase I of the Emerald Grove Subdivision, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the deed be recorded in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the road to the official inventory of Town Highways as follows: Name: McEchron Lane Road Number: 526 Description: Beginning at Peggy Ann Road and continuing in a southerly direction a distance of 1,568 feet and .30 hundredths of a mile and ending at McEchron Lane Feet: 1,568' and .30 of a mile Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT:Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING EMERGENCY REPAIR OF CREMATION UNIT AT PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO.: 358, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Cemetery Superintendent has advised the Town Board that the cremation unit at the Pine View Cemetery and Crematorium has failed and he needs to have the unit repaired as soon as possible, and WHEREAS, the Cemetery Superintendent has obtained proposals for the emergency repairs and has requested Town Board approval to obtain the materials and repair services from Industrial Equipment & Engineering Co., for an amount not to exceed $5,788, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Superintendent obtaining the materials from and engaging the services of Industrial Equipment & Engineering Co., to make the necessary, emergency repairs on the cremation unit at the Pine View Cemetery and Crematorium for an amount not to exceed $5,788 to be paid for by a transfer from the Town General Fund, and BE IT FURTHER, RESOLVED, that the Town Board authorizes a General Fund budget amendment from "Contingency" Account # 001-1990-4400 to "Transfer to Cemetery Fund" Account # 001-9901-9002 in the amount of $5,788, and BE IT FURTHER, RESOLVED, that the Town Board authorizes a budget adjustment increasing appropriations in the Cemetery Fund "Building Repairs - Crematory" Account # 002-8810-4070-0011-0011, and increasing estimated revenues in the Cemetery Fund "Interfund Transfer" Account # 002-0002-5031, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, Town Comptroller and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Stec NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING PLACEMENT OF PROPOSITIONS ON BALLOT REGARDING CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 359, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls in Warren County, the Town of Moreau in Saratoga County and the Town of Queensbury in Warren County, and WHEREAS, this legislation provides and the Board of Trustees of Crandall Public Library has authorized that propositions relating to the Crandall Public Library District be placed on the ballot at the General Election to be held on November 6th, 2001, and WHEREAS, the two (2) propositions to be determined are as follows: 1. Whether the annual budget for 2002 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; and 2. The election of two (2) trustees from the Town of Queensbury to the Crandall Public Library District Board; and WHEREAS, the Crandall Public Library Board of Trustees has requested that the Town of Queensbury adopt a Resolution authorizing placement of these propositions on the ballot of the November 6th, 2001 General Election for the voters' approval or disapproval, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following two (2) propositions pertaining to the Crandall Public Library District and requests that they be placed on the ballot in all Town of Queensbury voting locations on the General Election Day, Tuesday, November 6th, 2001: [l] BUDGET The proposed 2002 budget of the Crandall Public Library District is $2,083,574.23 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $583,194.32. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For two (2) vacancies upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for two: Karen S. Howard Jack V. Irion and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to transmit a certified copy of the text of these two (2) propositions to the Board of Elections or other appropriate officials. Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Brower, Mr. Stec, Mr. Brewer NOES None ABSENT:Mr. Martin, Mr. Turner RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #129 - QUEENSBURY FOREST DRAINAGE PROJECT AND AUTHORIZING TOWN HIGHWAY DEPARTMENT TO PERFORM DRAINAGE WORK IN QUEENSBURY FOREST SUBDIVISION RESOLUTION NO.: 360, 2001 (DEFEATED) INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 226, 2000, the Queensbury Town Board authorized engagement of Nace Engineering, P.c. to provide surveying and engineering services in connection with a proposed drainage outfall from Queensbury Forest Phase III to the north side of Peggy Ann Road in the Town of Queensbury, and WHEREAS, by Resolution No.: 260,2001 the Town Board authorized the procurement of easements from certain property owners in the vicinity of the Queensbury Forest subdivision, and WHEREAS, the Highway Department has agreed to perform the work necessary to correct the drainage problems and has provided the Town Board with an estimated cost breakdown, and WHEREAS, the Town Board wishes to establish a Capital Project Fund to fund the Highway Department's work to correct the drainage problems in the Queensbury Forest subdivision, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the "Queensbury Forest Subdivision Drainage Capital Project Fund #129," which Fund will establish funding for expenses associated with the Town Highway Department's work to fix the drainage problems in the vicinity of Queensbury Forest, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations for Fund # 129 Queensbury Forest Drainage Project in the following amounts: Materials $ 30,705 Labor 51,445 Equipment 109,540 Total Hwy. Dept. $191,690 Engineering 15,000 10 % Contingency 20,670 Total Estimated Project $227,360 and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes estimated revenues for Capital Project Fund #129 in the amount of $227,360, the source of funding to be by the transfer of fund balance in the amount of $108,357 from Fund #113 Ward IV Paving and Drainage and $119,003 from Fund #125 Ward I Road Drainage to Fund #129 Queensbury Forest Drainage Project, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller's Office to amend the 2001 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town of Queensbury Highway Department to perform the work necessary to complete the drainage project Fund #129 Queensbury Forest Drainage Project. Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer NOES Mr. Brower ABSENT:Mr. Martin, Mr. Turner DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER-Noted the two twenty seven figure is an approximate amount. SUPERVISOR BROWER-Questioned what the hundred and nine thousand five hundred and forty dollars in equipment is for noting it is half of the total cost? COUNCILMAN STEC-Thinks it is the rental time of the equipment? SUPERVISOR BROWER-Rental of what? COUNCILMAN BREWER-To pay the Highway Department to do this job. SUPERVISOR BROWER-Noted they already pay for the labor in the annual budget, bought all of the equipment noting he doesn't think they can charge rental fees to do a town project. COUNCILMAN BREWER-Noted this is equipment that we don't have. SUPERVISOR BROWER-Noted he would like to have a breakdown on the equipment, questioned if it's all town labor? Asked Comptroller Hess if this can happen? COMPTROLLER HESS-Noted the Highway law provides that the Town Board and the Highway Department enter into a contract every year that defines the scope of services and what the Town is going to contribute to have those services performed noting the contract has never been executed. SUPERVISOR BROWER-Recommended entering into one. COMPTROLLER HESS-Spoke to the board noting the project has already been started noting they can spend more than what's appropriated. SUPERVISOR BROWER-Noted his concern with this asked for a vote. II Questioned Resolution 360, 2001 and then asked for a revote. RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #129 - QUEENSBURY FOREST DRAINAGE PROJECT AND AUTHORIZING TOWN HIGHWAY DEPARTMENT TO PERFORM DRAINAGE WORK IN QUEENSBURY FOREST SUBDIVISION RESOLUTION NO.: 361, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 226, 2000, the Queensbury Town Board authorized engagement of Nace Engineering, P.c. to provide surveying and engineering services in connection with a proposed drainage outfall from Queensbury Forest Phase III to the north side of Peggy Ann Road in the Town of Queensbury, and WHEREAS, by Resolution No.: 260,2001 the Town Board authorized the procurement of easements from certain property owners in the vicinity of the Queensbury Forest subdivision, and WHEREAS, the Highway Department has agreed to perform the work necessary to correct the drainage problems and has provided the Town Board with an estimated cost breakdown, and WHEREAS, the Town Board wishes to establish a Capital Project Fund to fund the Highway Department's work to correct the drainage problems in the Queensbury Forest subdivision, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the "Queensbury Forest Subdivision Drainage Capital Project Fund #129," which Fund will establish funding for expenses associated with the Town Highway Department's work to fix the drainage problems in the vicinity of Queensbury Forest, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations for Fund # 129 Queensbury Forest Drainage Project in the following amounts: Materials $ 30,705 Labor 51,445 Equipment 109,540 Total Hwy. Dept. $191,690 Engineering 15,000 10 % Contingency 20,670 Total Estimated Project $227,360 and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes estimated revenues for Capital Project Fund #129 in the amount of $227,360, the source of funding to be by the transfer of fund balance in the amount of $108,357 from Fund #113 Ward IV Paving and Drainage and $119,003 from Fund #125 Ward I Road Drainage to Fund #129 Queensbury Forest Drainage Project, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller's Office to amend the 2001 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town of Queensbury Highway Department to perform the work necessary to complete the drainage project Fund #129 Queensbury Forest Drainage Project. Duly adopted this 10th day of September, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Stec NOES None ABSENT:Mr. Martin, Mr. Turner FIVE MINUTES RECESS TOWN BOARD DISCUSSION NORTHQUEENSBURYSEWER JOHN SALVADOR-Spoke to the board regarding North Queensbury Proposed Sewer District. ATTORNEY MATTERS ATTORNEY HAFNER-Spoke to the board regarding Crandall Library noting memo was given to board members regarding the Town of Moreau, and the City of Glens Falls having passed a resolution similar to the Town of Queensbury's. The Attorney for the library noted the resolution for the library would be on at their next meeting, which is October 4th. Spoke to the board regarding the Abstract of Title for the Animal Land property noting they had received it last week will review it to report back to the board before the next meeting. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 362,2001 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 hereby adjourns from Regular Session and moves into Executive Session to discuss Baybridge Sewer Extension. Duly adopted this 10th day of September, 2001, by the following vote: Ayes: Mr. Brower, Mr. Stec, Mr. Brewer Noes: None Absent:Mr. Martin, Mr. Turner RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 363,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 10th day of September, 2001, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower Noes: None Absent:Mr. Martin, Mr. Turner No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury