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2001-10-29 REGULAR TOWN BOARD MEETING 10-29-2001 MTG. #47 RES. 402-4147:05 p.rn. BOH 50-51 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN BOARD MEMBER ABSENT COUNCILMAN JAMES MARTIN TOWN OFFICIALS PRESENT WATER/WASTEWATER SUPT. RALPH VANDUSEN DEPUTY WASTEWATER SUPT. MIKE SHAW COMPTROLLER HENRY HESS DIRECTOR OF COMMUNITY DEY. CHRIS ROUND SUPERVISOR BROWER CALLED THE MEETING TO ORDER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER 1.0 PUBLIC HEARING RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 402.2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 29th day of October, 200 I by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Martin QUEENSBURY BOARD OF HEALTH PUBLIC HEARING-SEWAGE DISPOSAL VARIANCE - DALE AND FLORENCE JARVIS (Continuation of Public Hearing) Supervisor Brower-Is Mr. or Mrs. Jarvis present in the audience this evening? Mr. Jay Sweet-No, I am representing them, they are in Florida. Supervisor Brower-Yes, Sir would you come to the microphone please and introduce yourself please for the record? Mr. Jay Sweet-Queensbury Sewer Supervisor Brower-Would you just describe the situation that the Jarvis's are under? Mr. Jay Sweet-This is replacing the old system but they can only get ninety feet from the Lake. It is going in the same spot the old one was but the other one just rotted out, so we need to put a new one in. The Town came up and checked it out with me and took perk tests and everything, that is the only thing that we can do. Supervisor Brower-I understand it is fairly sandy soil there? Mr. Jay Sweet-Rocky and sandy. Supervisor Brower-Rocks and sand. Councilman Turner-Yes, that is what it is. They had to bring in soil to.. Supervisor Brower-This is just a conventional septic tank and leach field? Mr. Jay Sweet -Yes, an Elgin System. Supervisor Brower-It is an Elgin System. Mr. Jay Sweet-Yes. Supervisor Brower-Which is a improved system actually. Mr. Jay Sweet-Yes. Supervisor Brower-Do you have any further, anything further to add at this time? Mr. Jay Sweet-No. Supervisor Brower-Thank you for coming. At this time I will open up the public hearing portion of the meeting, reopen or extend the courtesy to the public to comment on this particular application before the Board of Health, if anyone would care to comment. Mr. Salvador Mr. John Salvador-Two questions, which lake? Supervisor Brower-Please, Glen Lake. Mr. John Salvador-John Salvador is my name. It is Glen Lake, and what is the variance again, is it, it is just a separation distance? Supervisor Brower-Ten feet, it is supposed to be a hundred feet from the lake and it is ninety feet from the lake. Mr. John Salvador-Thank you. Supervisor Brower-Thank you, Sir. Anyone else care to address the Board on this issue? Seeing none I will close the public hearing portion of this meeting and ask the Town Board Members If they have any further questions or input? Councilman Turner-No. I know the site well it is a problem, there is a steep bank right there and that is the reason for the relief. It is very obvious. Councilman Brewer-We do not have a recommendation from Dave Hatin? Councilman Stec- They read it in last week. Supervisor Brower-I actually have a memo attached to this October 11th Dear Board Members, This property has a very steep slope to the rear of the structure located at 35 Fitzgerald Road. The only area where a septic system can be placed is in an area shown on the plot plan provided to you, therefore I see no reason why you cannot approve this septic variance as submitted. I apologize for not being at this meeting, I am unable to attend. Thank you. Dave Hatin. Councilman Turner-There is no well involved anyway. Councilman Brewer-He is a hundred feet from the well, correct. Councilman Turner-They take in lake water, they use lake water. Supervisor Brower-Do I have a motion from any Board Member? RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF DALE AND FLORENCE JARVIS RESOLUTION NO.: 50,2001 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Dale and Florence Jarvis filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health authorize Mr. and Mrs. Jarvis to install a replacement septic system ninety feet (90') from Glen Lake instead of the required one-hundred feet (100') setback on property located at 35 Fitzgerald 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 public hearings concerning the variance request on October 15th and October 29th, 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 variance, it is felt that the variance 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 variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Dale and Florence Jarvis for a variance from the Sewage Disposal Ordinance to allow Mr. and Mrs. Jarvis to install a replacement septic system ninety feet (90') from Glen Lake instead of the required one- hundred feet (100') setback on property located at 35 Fitzgerald Road, Queensbury and bearing Tax Map No.: 41-1-12. Duly adopted this 29th day of October, 200 I by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 51.2001 BOH RESOLUTION NO. 51,2001 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 as the Queensbury Board of Health. Duly adopted this 29th day of October, 200 I by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Martin 2.0 CORRESPONDENCE 2.1 Building and Codes Report for September on file 2.2 Ltr. Honorable Dennis Brower Queensbury Town Supervisor Town of Queensbury 742 Bay Road Queensbury, NY 12804 RE: Lease Between Play Xtreme Sports and Pyramid Co. of Glens Falls - Seven Steers Restaurant Dear Supervisor Brower: As required in the SEQRA Findings Statement for the recent mall expansion (site plan no. 21-200 I), Pyramid Co. of Glens Falls is pleased to inform you that we have signed a lease with Play Xtreme Sports to occupy the former Seven Steers Restaurant location. Sincerely, /s/ Robert Orlando General Manager 2.3 Ltr. Mr. Henry Hess Town Comptroller Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804 Dear Henry, I just want to let you know that our family is behind you 100%. Thank you very much for the job you have been doing for we taxpayers. It is good to have someone like you watching out for our interests - you certainly have been earning your paycheck. You can bet that my wife Michelle and I won't forget this politically motivated attack on you the next time we are at the polls. I am sending a copy of this to Dennis Brower. I am pleased with the support he has given you on this issue as well as the stand he took on the recent charitable contributions and other spending the town could ill afford. Keep up the good work! Sincerely, /s/ Joe Giorgianni Vice PresidentIMIS Manager Supervisor Brower-read the following letter: To John Farrell, Department of Public Works, Warren County. Re: Traffic Signal request Route 9 and Glen Lake Road Dear Mr. Farrell, This is in response to your request for a traffic signal on Route 9 at it's intersection with Glen Lake Road which our Warren County Resident Engineer Frank Komoroske forwarded to this office for review. We conducted a traffic signal study at this location to determine if a signal is warranted. This study included reviewing the accident records for this location for the period of from January 1st. 1997 to November 30th 2000. Collecting traffic volume counts on each approach to the intersection and observing traffic on the existing Glen Lake Road, exiting Glen Lake Road onto Route 9 during the evening peak hour. We found that this intersection has had an excellent safety record, motorist are not experiencing significant delays. Under these circumstances we cannot approve the installation of a traffic signal at this time. It is important to know that accidents and delays generally increase after a signal is installed at an intersection such as this therefore we are reluctant to install one at locations that appear to be operating satisfactorily. Should conditions change in the future such as the proposed expansion of the Great Escape Splash Water Kingdom we will reconsider the need for signalizing this intersection. If you have any further questions you wish to discuss in this matter please call me. William Logan Regional Traffic Engineer. That letter by the way was in response to a study originally requested by the traffic safety council of Warren County, they felt that, that intersection needed a light and they asked for one and that was the response to it. He said that they have seen no condition change at this point however they recognize that the Great Escape may either they or the Great Escape may need to install one as the Great Escape expansion plans continue. So, at least that is the current status so the Board is aware of it. 3.0 OPENFORUM Mr. John Sipp-Courthouse Drive-RE: traffic signal at Glen and Route 9 Requested that traffic count should be done in July to see how many cars and how many are stacked up at the corner. Noted the traffic study was done in 1997.Noted if a signal is not put in you are going to have grid lock from July I to September 3rd. The Great Escape will pay for the light, this is going to promote letter writing to Assemblyperson Little. Supervisor Brower-Noted he had been at the Warren County Sheriffs Communications meeting today, the Sheriff noted that he will send another request to DOT for a traffic light at that intersection. Mr. Sipp-Spoke about the closure of the entrance on Glen Lake to Warren County's office if the Warren County new jail is built. Supervisor Brower-Noted we hope that the changes in the expansion plan for Great Escape will alleviate the problem out onto Route 9. Mr. John Salvador-RE: Mitchell Subd. On French Mountain - The developer has agreed to allow a conservancy group to oversee issues like clear cutting on each building lot.the un-named group would have inspection rights during the building phases and enforcement rights after a homeowner disregards the restrictions placed on the lot. Hoped that the Town is not advocating its responsibilities to enforce its regulations. Questioned what our protection will be if the un named group is the Lake George Park Commission? Community Director Round-The town has not altered any of its procedures, a private property owner has agreed to let some third party organization enforce a contractual issue between two private entities it does not involved the Town. We have not advocated any authority. Councilman Brewer-Our regulations as far as the Zoning Ordinance goes are still in place. Town Counsel Hafner-This is a contractual arrangement between two private people, who they choose is not our business, Town standards stay the same, Town law stays the same. Mr. Paul Naylor-Division Road - Questioned why the Supervisor is letting the County raise the taxes. Supervisor Brower-We have a lot of challenges and a lot of expense. Mr. Naylor-Noted we only get one mile a year in paving out of the County budget, about two hundred years from now we might have the County roads paved. We need to get more blacktopping done in Queensbury. Supervisor Brower-We are doing some of Quaker Road next year. Mr. Naylor-Get Corinth Road done first. Ms. Barbara Bennett-When will the budget copies be available for the public? Comptroller Hess-We will publish the budget tomorrow for the Town Clerk. Ms. Bennett-Mr. Brower I heard you say that you sent Mr. Hess up to the Highway Dept. to make an agreement on the Highway maintenance and tonight you are transferring funds from Drainage to Highway Maintenance thirty thousand dollars so I am curious as to what your agreement is? Comptroller Hess-RE: Sidewalks.there is thirty thousand dollars being transferred out of the drainage account into the sidewalk account to cover expenditures, early in the year there was sidewalk construction done that was not contemplated in the budget so the account got over spent. The Town Board agreed and the Supervisor approved the invoices for sidewalk clearing in order to pay those we had to transfer some money from other areas. Ms. Bennett-What is the agreement yearly for maintenance? Comptroller Hess-For next year, we are going to be handling sidewalk maintenance and clearing in a different way then we have in the past and what is happening this year. It is going to be budgeted in a different way. They will still be billed and paid but it will not be the general fund will not be budgeting the revenue to the Highway Dept. twice. It will be budgeted under the sidewalk portion and whatever is budgeted for sidewalk maintenance will not be budgeted for their subsidy from the general fund. It will be one transfer instead of two. Mrs. Kathleen Salvador-I want to put a ditto on the letter that was read into the record regarding Mr. Hess's performance. I agree that he has done a excellent job. Mr. John Salvador-RE: County Financial situation Talked about bed tax, ask that this town insist that whatever we do in this regard that is it done fair and equitable and we have a clear definition of terms. Supervisor Brower-Asked for further comments-hearing none the Open Forum was closed. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO.: 403,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Harold Hansen, Director of Parks and Recreation, has advised the Queensbury Town Board that the Town is again eligible to apply for reimbursement funds from the New York State Division for Youth relating to the Town's recreation programs, and WHEREAS, Mr. Hansen has requested Town Board authorization to prepare a fund application in the amount of $9,740, the total amount of recreation funds the Town proposes to expend in 2002 for the administration, supervision, and operation of its year- round recreation programs, recognizing that the Town is more likely to receive a grant in the amount of $7,846.45 based on eligibility criteria as it relates to the Town's youth population, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs Harold Hansen, Director of Parks and Recreation, to prepare the application for recreation funds from the New York State Division for Youth and further authorizes and directs the Town Supervisor to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of October, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION SETTING PUBLIC HEARING ON THE TOWN OF QUEENSBURY'S 2002 PRELIMINARY BUDGET RESOLUTION NO.: 404,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January I, 2002, and WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2002, comprised of statements of appropriations and estimated revenues, a copy of which will be attached and made a part of this Resolution, and BE IT FURTHER RESOLVED, that copies of the Preliminary Budget shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER RESOLVED, that the Town Board will conduct a public hearing on November 8th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town's Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law 108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2002 NOTICE is hereby given that the Preliminary Budget of the Town of Queens bury, County of Warren, State of New York for the Fiscal Year beginning January I, 2002 has been filed in the Queensbury Town Clerk's Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public hearing on November 8th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law 108 that the proposed salaries of Town of Queensbury elected officials for Year 2002 are as follows: TOWN SUPERVISOR $53,818 DEPUTY SUPERVISOR $ 1,288 TOWN COUNCILMAN (4) $13,905 TOWN CLERK $51,603 TOWN HIGHWAY SUPERINTENDENT $56,650 TOWN JUSTICES (2) $33,372 Duly adopted this 29th day of October, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Turner NOES Mr. Stec ABSENT: Mr. Martin Discussion held before vote: Councilman Brewer and Councilman Stec support a zero town tax, Supervisor Brower and Councilman Turner supported an 18.6 cents town tax.after deliberation the Board compromised to 9 cents a thousand tax rate for the purpose of holding a public hearing. RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 405,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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: COURT: FROM: TO: $ AMOUNT: 01-1990-1002 01-1l1O-1720 3,500. (Contingency) (Court Officer) HIGHWAY: FROM: TO: $ AMOUNT: 04-5142-1400 FROM: INFORMATION TECHNOLOGY: TO: 01-1680-2032 FROM: PARKS AND RECREATION: TO: 01-7110-1400 01-7110-1400 01-7110-1400-0002 SIDEWALKS: FROM: 01-8540-4400 WATER: FROM: 40-1930-4445 Out) TO: TO: FROM: WORKER'S COMPENSATION: TO: 01-9080-8080 FROM: WORKER'S COMPENSATION: TO: 032-9080-8080 05-9025-8025-4980 Comp.) 05-9025-8025-4980 Comp.) 04-5110-1400 126. $ AMOUNT: 01-1680-4070500. (Computer Software) $ AMOUNT: 01-7020-41202,400. (Laborer A) 01-7110-4500 500. (Laborer A) 01-7110-4500 500. (Laborer A-aT) $ AMOUNT: 01-5410-440030,000. (Drainage) $ AMOUNT: 40-9060-8061 1,000. (Judgments & Claims) $ AMOUNT: 01-9040-80406,920. (Vacation Accruals) $ AMOUNT: (Serv. & Supplies) (Printing) (Heating Fuel) (Heating Fuel) (Sidewalks Maint.) (Hosp. Buy (Worker's Comp.) 032-9040-8040301. (Vacation Accruals) (Worker's Comp.) 05-9040-8040-4980 14,145. (Service Awards) (Worker's 05-9040-8040-4981 4,691. (Service Awards) (Worker's Duly adopted this 29th day of October, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Martin RESOLUTION REQUESTING SPEED LIMIT REDUCTION FOR BIG BAY ROAD, QUEENSBURY RESOLUTION NO.: 406,2001 INTRODUCED BY : Mr. Tim Brewer SECONDED BY : Mr. Daniel Stec WHEREAS, the Queensbury Town Board has received a request from Town citizens to adopt a Resolution requesting that the speed limit be lowered on Big Bay Road, Queensbury and the Town Board concurs with this request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the maximum speed limit on Big Bay Road be lowered from the current 55 mile per hour speed limit to 40 mile per hour for safety reasons, and BE IT FURTHER, RESOLVED, in accordance with Vehicle and Traffic Law 1622, that the Town Board further authorizes and directs the Town Supervisor's Office to forward a certified copy of this Resolution and any other necessary documentation to the Warren County Department of Public Works and/or New York State Department of Transportation for the purposes of studying and establishing a lower maximum speed limit on Big Bay Road, Queensbury. Duly adopted this 29th day of October, 200 I by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Martin Discussion held: Supervisor Brower, suggested forty five as the speed limit.noted Corinth Road was 45. Councilman Brewer-The reason I said forty I talked it over with Rick and said it is better to go low and if they decide they need forty five then that may be acceptable. Noted there are more houses on the road now, children ride their bikes there has been talk about the Town making a path to go across from there to the park. Councilman Stec-Noted complaints regarding speeding on West Mountain Road, requested the speed awareness wagon to alert drivers. RESOLUTION AUTHORIZING ACCEPTANCE OF EASEMENT LOCATED WITHIN INDIAN RIDGE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 407,2001 INTRODUCED BY: Mr. Tim Brewer 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 I. Farone & Son, Inc., (Developers), and WHEREAS, as part of the Agreement, the Developers agreed to convey and the Town agreed to accept an easement for the purposes of public ingress and egress in the parcel between lots 31 and 32 to allow pedestrian and non-motorized bicycle traffic by the public to travel from the road system within the subdivision to the Land Conservation Area previously conveyed to the Town, and WHEREAS, the Developers have submitted to the Town an executed easement and the accompanying real estate form for the easement to be conveyed, and WHEREAS, the easement and real estate form are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and accepts the easement located within the Indian Ridge Planned Unit Development for the purpose of public ingress and egress in the parcel between lots 31 and 32 to allow pedestrian and non- motorized bicycle traffic by the public to travel from the road system within the subdivision to the Land Conservation Area, 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 take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of October, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING ENGAGEMENT OF JARRETT -MARTIN ENGINEERS, PLLC FOR DESIGN PHASE SERVICES IN CONNECTION WITH PROPOSED QUEENSBURY AVENUE-SOUTH QUEENSBURY SANITARY SEWER DISTRICT RESOLUTION NO.: 408,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by previous Resolution, the Queensbury Town Board authorized the preparation of a Map, Plan and Report for the creation of a proposed Sanitary Sewer District to serve the area of the Floyd Bennett Airport and Queensbury Avenue including properties in Warren County Sewer District #1, Washington County Sewer District # I and the Kingsbury Sewer District, and WHEREAS, the Town Board wishes to authorize engagement of Jarrett-Martin Engineers, PLLC and its project team consisting of Roberts Environmental Consulting, Inc., C.T. Male Associates, P.C. and David F. Barrass, Land Surveyor, for design phase services set forth in Jarrett-Martin's October 23rd, 2001 Professional Services Agreement presented at this meeting for the following amounts: $ 22,500 - Survey Mapping From Aerial Photography Plus Ground Control $ 5,000 - Easement Surveys $ 77,000 - Design Fees $104,500 - Sub-Total Design Professional Services $ 1,000. - Out-of-Pocket Expenses $105,500 - Total Design Professional Services $ 25,500 $ 750 - Environmental/Permitting Professional Services - Out-of-Pocket Expenses $ 26,250 - Total Environmental/Permitting Professional Services and WHEREAS, the form of the Professional Services Agreement is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Jarrett- Martin Engineers, PLLC and its project team consisting of Roberts Environmental Consulting, Inc., C. T. Male Associates, P.c. and David F. Barrass, Land Surveyor, for design phase services concerning the proposed Sanitary Sewer District to serve the area of the Floyd Bennett Airport and Queensbury Avenue including properties in Warren County Sewer District #1, Washington County Sewer District #1 and the Kingsbury Sewer District as more specifically set forth in Jarrett-Martin's October 23rd, 2001 Professional Services Agreement presented at this meeting for the following amounts: $ 22,500 - Survey Mapping From Aerial Photography Plus Ground Control $ 5,000 - Easement Surveys $ 77,000 - Design Fees $104,500 - Sub-Total Design Professional Services $ 1,000. - Out-of-Pocket Expenses $105,500 - Total Design Professional Services $ 25,500 $ 750 - Environmental/Permitting Professional Services - Out-of-Pocket Expenses $ 26,250 - Total Environmental/Permitting Professional Services and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Comptroller's Office to take all actions necessary to transfer funds and amend the 2001 Town Budget by appropriating Fund Balance to cover this $131)50 expense, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for these services in a total amount notto exceed $131,750 shall be paid for from the appropriate General Fund Account, such amount to be refunded in full to the General Fund by future Sewer District users upon creation of the Sewer District, and BE IT FURTHER, RESOLVED, that neither Jarrett-Martin Engineers, PLLC nor its project team shall begin work on the design fees portion of this Project until it receives express written authorization to do so from either the Queensbury Town Supervisor, Wastewater Director and/or Wastewater Deputy Director, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and/or Wastewater Deputy Director to execute the Professional Services Agreement and any other documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of October, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin Discussion held; Deputy Director of Wastewater-The resolution is to authorize Jarrett Martin and their engineering team to precede ahead with mapping and design for the proposed South Queensbury Sewer District. This resolution is in the normal course for these types of things this resolution would not be done until we had State Comptrollers Office review and approval of this project. Seeing that we have a time frame of construction to start by October with is the EDA Grant money states to retain that money we see that we have to go ahead and start the mapping which will be done late this fall, and the design will start after January. If we wait for the Audit and Review we figure that will be four months and prior to sending that out we are currently waiting for the inter municipal agreement to be signed hoping to have that back by Thanksgiving but if we did and send Audit and Review the map ,plan and report by December 1st we figure that would be four months. With that time frame I believe that we would be into December before we could start construction and we would lose our grant money. It is imperative that we move ahead on this project otherwise we will have a problem keeping our grant money. RESOLUTION AUTHORIZING PURCHASE OF SEWAGE TREATMENT CAPACITY FROM CITY OF GLENS FALLS FOR CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO.: 409,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 389.2001, the Town of Queensbury authorized a Memorandum of Understanding (MOU) between the Town and the City of Glens Falls for the Town's purchase of sewage treatment capacity from the City, and WHEREAS, the MOU was authorized by the City and has been duly executed by the Town and City, and WHEREAS, the Town Board wishes to authorize the purchase of 6, 150 gallons of capacity for a total buy-in price of $8,302.50 for the Central Queensbury Quaker Road Sewer District as set forth in the MOU, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's purchase of 6, 150 gallons of sewage treatment capacity from the City of Glens Falls for a price of $1.35 per gallon for a total buy-in price of $8,302.50 for the Central Queensbury Quaker Road Sewer District as set forth in the Memorandum of Understanding between the Town and City dated October 13th, 2001 and more specifically as follows: GALLONS PRICE TOTAL Girl Scouts 1,600 1.35742.50 Sleep Inn, Route 9 1.35 2,160.00 Stewart's-Bay Road 4,000 1.35 5,400.00 550 TOTAL 6,150 8,302.50 and BE IT FURTHER, RESOLVED, that the Town may apply this sewage capacity among its sewer districts as it deems appropriate at its own discretion and payment shall be applied against the Fund Balance of the Central Queensbury Quaker Road Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take all actions necessary 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, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Comptroller and/or Wastewater Director to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of October, 200 I by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Martin Discussion held before vote: Deputy Director of Wastewater Mike Shaw-The next several resolutions are for purchasing capacity at the Glens Falls Sewer Treatment Plant. In signing our MOU these capacities that you are seeing for the next several resolutions were in the MOU and we would like to exercise that and complete the buy ins. RESOLUTION AUTHORIZING PURCHASE OF SEWAGE TREATMENT CAPACITY FROM CITY OF GLENS FALLS FOR HILAND PARK SEWER DISTRICT RESOLUTION NO.: 410,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 389.2001, the Town of Queensbury authorized a Memorandum of Understanding (MOU) between the Town and the City of Glens Falls for the Town's purchase of sewage treatment capacity from the City, and WHEREAS, the MOU was authorized by the City and has been duly executed by the Town and City, and WHEREAS, the Town Board wishes to authorize the purchase of 38,000 gallons of capacity for a total buy-in price of $38,000 for the Hiland Park Sewer District as set forth in the MOU, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's purchase of 38,000 gallons of sewage treatment capacity from the City of Glens Falls for a price of $1.00 per gallon for a total buy-in price of $38,000 for the Hiland Park Sewer District as set forth in the Memorandum of Understanding between the Town and City dated October 13th, 2001 and more specifically as follows: GALLONS PRICE TOTAL Hiland Park 1.0025,000.00 TOTAL 13,000 1.0013,000.00 Adirondack Community College 25,000 38,000 38,000.00 and BE IT FURTHER, RESOLVED, that the Town may apply this sewage capacity among its sewer districts as it deems appropriate at its own discretion and payment shall be applied against the Fund Balance of the Hiland Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take all actions necessary 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, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Comptroller and/or Wastewater Director to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of October, 200 I by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Martin Discussion held-Councilman Turner-The void between where Hiland ends and Quaker starts is there any way that we can bring that into the district without a map, plan and report, the line runs right in front of the houses. Deputy Wastewater Supt. Shaw-If someone wants sewer service there that could be looked at. If any of those people want to come in we could treat them as we have other people as a district extension or contract customer. RESOLUTION AUTHORIZING PURCHASE OF SEWAGE TREATMENT CAPACITY FROM CITY OF GLENS FALLS FOR TECHNICAL PARK SEWER DISTRICT RESOLUTION NO.: 411,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 389.2001, the Town of Queensbury authorized a Memorandum of Understanding (MOU) between the Town and the City of Glens Falls for the Town's purchase of sewage treatment capacity from the City, and WHEREAS, the MOU was authorized by the City and has been duly executed by the Town and City, and WHEREAS, the Town Board wishes to authorize the purchase of 21,840 gallons of capacity for a total buy-in price of $22,484 for the Technical Park Sewer District as set forth in the MOU, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's purchase of 21,840 gallons of sewage treatment capacity from the City of Glens Falls for a price of $1.35 per gallon for 1,840 gallons and $1.00 per gallon for 20,000 gallons for a total buy-in price of $22,484 for the Technical Park Sewer District as set forth in the Memorandum of Understanding between the Town and City dated October 13th, 2001 and more specifically as follows: GALLONS PRICE TOTAL Tech Park Original Capacity 20,000 1,840 1.35 2,484.00 TOTAL 21,84022,484.00 1.0020,000.00 Hess Mart (Tech Park) and BE IT FURTHER, RESOLVED, that the Town may apply this sewage capacity among its sewer districts as it deems appropriate at its own discretion and payment shall be applied against the Fund Balance of the Technical Park Sewer District, and BE IT FURTHER, RESOLVED, that, as provided for in the MOU, the purchase of this capacity supercedes the property tax sharing language in the contract between the City of Glens Falls and the Technical Park Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take all actions necessary 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, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Comptroller and/or Wastewater Director to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of October, 200 I by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING PURCHASE OF SEWAGE TREATMENT CAPACITY FROM CITY OF GLENS FALLS FOR PROPOSED BA YBRIDGE SEWER DISTRICT RESOLUTION NO.: 412,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 389.2001, the Town of Queensbury authorized a Memorandum of Understanding (MOU) between the Town and the City of Glens Falls for the Town's purchase of sewage treatment capacity from the City, and WHEREAS, the MOU was authorized by the City and has been duly executed by the Town and City, and WHEREAS, the Town Board wishes to authorize the purchase of 8,000 gallons of capacity for a total buy-in price of $10,800 for the proposed Baybridge Sewer District as set forth in the MOU, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's purchase of 8,000 gallons of sewage treatment capacity from the City of Glens Falls for a price of $1.35 per gallon for the proposed Baybridge Sewer District as set forth in the Memorandum of Understanding between the Town and City dated October 13th, 2001 and more specifically as follows: GALLONS PRICE TOTAL Baybridge TOTAL 8,000 1.35 10,800.00 8,000 10,800.00 and BE IT FURTHER, RESOLVED, that the Town may apply this sewage capacity among its sewer districts as it deems appropriate at its own discretion and payment shall be applied against the Fund Balance of the General Fund, with the General Fund being reimbursed for the pre- funding of this purchase upon sale of the capacity to users within a sewer district, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take all actions necessary 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, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Comptroller and/or Wastewater Director to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of October, 200 I by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin Discussion held: Comptroller Hess-This resolution and the following one, this purchase is being made from the general fund because the sewer districts do not exist yet so the town is making an investment in this capacity at favorable terms I might add based on the MOU from Glens Falls and actually the resolution for Jarrett Martin contract is coming out of the general fund and will be paid back by the sewer districts when they are formed. RESOLUTION AUTHORIZING PURCHASE OF SEWAGE TREATMENT CAPACITY FROM CITY OF GLENS FALLS FOR PROPOSED QUEENSBURY AVENUE-SOUTH QUEENSBURY SEWER DISTRICT RESOLUTION NO.: 413,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 389.2001, the Town of Queensbury authorized a Memorandum of Understanding (MOU) between the Town and the City of Glens Falls for the Town's purchase of sewage treatment capacity from the City, and WHEREAS, the MOU was authorized by the City and has been duly executed by the Town and City, and WHEREAS, the Town Board wishes to authorize the purchase of 300,000 gallons of capacity for a total buy-in price of $150,000 for the proposed Queensbury Avenue-South Queensbury Sewer District as set forth in the MOU, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's purchase of 300,000 gallons of sewage treatment capacity from the City of Glens Falls for a price of $.50 per gallon for the proposed Queensbury Avenue-South Queensbury Sewer District as set forth in the Memorandum of Understanding between the Town and City dated October 13th, 2001 and more specifically as follows: GALLONS PRICE TOTAL Queensbury A venue- South TOTAL 300,000 Queensbury 300,000 150,000 and .50 150,000 BE IT FURTHER, RESOLVED, that the Town may apply this sewage capacity among its sewer districts as it deems appropriate at its own discretion and payment shall be applied against the Fund Balance of the General Fund, with the General Fund being reimbursed for the pre- funding of this purchase upon sale of the capacity to users within a sewer district, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take all actions necessary 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, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Comptroller and/or Wastewater Director to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of October, 200 I by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin 5.0 TOWN BOARD DISCUSSION Comptroller Hess-Announced to the Town Board that we have a million dollars outstanding on a two million dollar debt that was taken out in 1990 for Quaker Road Sewer District it has become eligible for re- financing under the terms of our EFC loan, a re- funding. I found out today that the EFC is going to provide a mechanism for refunding that loan. It may take place as early as next March, it may take place a little bit later in the year but I put our fiscal advisor on notice that we will probably take advance of that and the savings to the Town is around ninety thousand dollars or almost ten percent of the normal debt. Councilman Brewer-Noted the drainage work at Queensbury Forest is moving right along, they started at Peggy Ann and come across through the back across Hampton, tomorrow they should be at the last lot that faces Ferris. Noted that the pipes are taking in water now. 6.0 ATTORNEY MATTERS Town Counsel Hafner-We are moving on the South Queensbury you have copies of the correspondence. Supervisor Brower-What is the status with the contract with the City? Town Counsel Hafner-I spoke with Mark Noordsy, he is working on the first draft of the definitive agreement under the MOD. When we met with him during the negotiations of the MOU he and I took the opportunity to go though their existing contract us, which there are going to be some significant changes which were in the MOD. We went through it item by item 90% of the document we had an agreement on what should be in the definitive agreement. He is going to take those comments, take the MOU and put them together. On the other 10% after he puts it together we will negotiate some more. He is working on that and will get that to me as soon as he moves forward. Supervisor Brower-Noted the MOU said ninety days. Town Counsel Hafner-I thought it said ninety days. Supervisor Brower-Requested that Town Counsel stay on top of that. It is nice to see that we have made some movement to purchasing sewer capacity from the City. As of tonight I am very pleased, that means we can go forward with our plans on some of the corridors in a timely fashion. Councilman Brewer-Questioned the capacity needs in So. Queensbury. Deputy Wastewater Supt. Shaw-There were several resolutions for buy in, several were based on previously negotiated numbers which we charged district extension, the three hundred thousand is just icing on the cake. Supervisor Brower-Questioned if there were letters back to the EDA. Deputy Wastewater Supt. Shaw-We received a copy of a response from ED A today and they reinstated our grant, dead line October shovel in ground and completion of the project by February 2004. The biggest hold up now is the agreements and Bob has taken all final comments and passed them around to the parties we just need the parties in a timely fashion review those and get them back to us. We cannot send the map, plan and report to the Comptrollers office until we have those signed. Town Counsel Hafner-Explained the formation of the district and the necessary steps to take. Inter municipal agreement when signed, resolution establishing the district then application to the State Comptrollers Office with the map, plan and report and whatever else they ask for. Councilman Stec-Noted he had sent an E-Mail regarding water with the City and I wanted to make sure everyone got it. Do we as a Town want to start heading down that path, they have a dead line with the State for the end of November. Supervisor Brower-Noted the Mayor knows that we want to provide water to the City. Councilman Stec-I want to make sure that we are ready. Water/wastewater Supt. VanDusen-We had a cost evaluation done the last time we attempted to negotiate with the City until we know what it is the City is looking for I am not sure how much more homework we can do. Noted the City has installed a new 12 inch line on Aviation Road that may be a new connection point that was not envisioned before. I do not know that the City knows what they are looking for at this point so I am not sure we can design that system for them. I am not thinking the treatment end but how many connection points would they like. Noted last time we quoted four connection points to enhance their distribution system within the City and take care of pressure problems, they compared that against one connection point of their own with no improvement. When you did that it just made ours look more expensIve. Councilman Stec- They recently appointed a City Engineer,. Water/wastewater Supt. VanDusen-Noted that he did not believe he was on board yet, they are still using O'Brien and Gere. Councilman Stec-My question is can we move on quick notice? Water/wastewater Supt. VanDusen-Yes. Councilman Stec-Questioned if we were also ready to answer financing questions. Councilman Brewer-Noted we had some conversation that we could pay for a portion of that because it would service Hidden Hills? Water/wastewater Supt. VanDusen-It is possible to pay for, it is justifiable for the Town to share a percentage of the cost based on what we would use. Councilman Brewer-So the 3.7 is not a real number then. Water/wastewater Supt. VanDusen-That would be the total project cost. Councilman Brewer-Their total cost would not be the whole. Water/wastewater Supt. VanDusen-It could be less than that. Councilman Stec-I would just ask that the Town Board be kept fully in the loop. Water/wastewater Supt. VanDusen-I think it is extremely important that we not negotiate against our self, I think it is extremely important that we wait to hear what the City is looking for before we get too carried away making offers. I think it is wise that we evaluate the costs, I think it is wise that we are ready to discuss that. Councilman Brewer-It is extremely important when the terms come up that we hold a mirror up and show them the conditions of the sewer agreement. Councilman Stec-As a starting point we compare our initial firm offer very closely to their contract for sewer. Water/wastewater Supt. VanDusen-Noted we have been approached a business within the city that has a problem with water pressure occasionally, I had a joint meeting between some of the City staff and Earth Tech Staff and some town staff, to take a look at some of the options available to address those problems. Purchasing water from Queensbury on occasional or permanent basis was certainly two options, there are others but those are two options that may occur. The City is in the process of doing a hydraulic model they have decided the one that they had wasn't up to date and their engineering firm has started that it is probably three months away before they will have that model. Realistically they will not know what they are going to do for improvements to their system until that model is done. Councilman Stec- What year did the State mandate that you had to have a filtered or covered water supply? Water/wastewater Supt. VanDusen-Ten years ago? Councilman Stec- They have had ten years to come up with a plan. Councilman Brewer-This person you are talking about is this a large quantity of water? Water/wastewater Supt. VanDusen-This would be to provide adequate fire protection. On most day they receive sufficient quantity and pressure of water from the city for their I will call it domestic or normal use within their process, it is just when they try and do fire flows they cannot meet them with what is available. Ms. Barbara Bennett -Quesitoned if Moreau will receive water before the end of the year? Water/wastewater Supt. VanDusen-Yes. The Town of Moreau has started using our water to flush some of their lines to be ready for service they have used just over a million gallons of water so far for flushing purposes. They are waiting for final approvals from the Health Dept. to switch over and use us on a permanent basis. Part of their hold up is their instrumentation, when everything is operational there will be automatic valves that will open and close, as the tank level called for water that is not operational yet it will be sometime before the end of the year. Right now they are manually opening and closing valves. RESOLUTION ADJOURNING MEETING RESOLUTION NO. 414.2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its regular session. Duly adopted this 29th day of October, 200 I by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Martin Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury