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2001-11-19 REGULAR TOWN BOARD MEETING NOVEMBER 19TH, 2001 7:00 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER COUNCILMAN ELECT ROGER BOOR TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND COMPTROLLER, HENRY HESS DEPUTY WASTEWATER DIRECTOR, MIKE SHAW PLEDGE OF ALLEIGANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR BROWER-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 423,2001 INTRODUCED BY: Mr. James Martin 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 moves into the Queensbury Board of Health. Duly adopted this 19th day of November, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone PUBLIC HEARING - SEWAGE DISPOSAL VARIANCE APPLICATION COLLEEN AND BRUCE HALSE OPENED 7:05 P.M. NOTICE SHOWN AGENT JOE ROULIER PRESENT MR. ROULIER-I would like to point out that there is an existing system in place already. It consists of two one thousand gallon tanks and all we're requesting is that the capacity be increased. The reason for this just so that the board knows is that I did go to Craig Brown and what we want to do is actually change the roof line of the house so that we would be utilizing some additional square footage that's on the second floor of the house which is currently now used for storage area or under knee wall areas. The footprint of the house will not be altered or changed but it will provide for Mr. & Mrs. Halse a better utilization of the space because of height restrictions and setback restrictions within the Town of Queensbury, Dave Hatin said that we would need to increase the size of the holding tank capacity that's why I'm here before you tonight. SUPERVISOR BROWER-Are you going to remove the existing tanks? MR. ROULIER- To be perfectly honest with you what we will be doing is increasing the capacity the thirty five hundred gallons. We may well utilize the existing tanks and then augment that with fifteen hundred whatever seems to be the most cost effective way to accomplish what we have to is the way we will attack the project. SUPERVISOR BROWER-Joe how long have the existing tanks been in the ground? MR. ROULIER-I cannot give you the exact date, but I would guess in excess often years. The house was built I don't know the date that the house was built, but I would think it was approximately ten years ago. The property that the house is built on is an extremely wet piece of property and that this is really the only feasible approach to handling sewage disposal on it. COUNCILMAN MARTIN-Are there alarm systems on the tanks? MR. ROULIER-Yes. There will be, of course, Mr. Martin, as you would know we would certainly put the celluloid on the incoming water line in addition to the alarms on the tank. COUNCILMAN BREWER-Did we ever get a map of this I don't seem to have gotten a map to show me what it is or where it is? COUNCILMAN TURNER-It's on the back of the application. COUNCILMAN BREWER-This is all I've got Ted a resolution and a letter from Dave. MR. ROULIER-There was a map included in the application. TOWN COUNSEL, SCHACHNER-There are two maps. COUNCILMAN MARTIN-Have they updated the water fixtures in the home for the low gallon flush toilets and all that? MR. ROULIER- They are all already water efficient toilets. Mr. Brewer it's on Brayton Lane and I'm sure you are familiar with the Cantanucci property it's before there in that low area of Brayton Lane where it sort of transverses a little swampish type of area. COUNCILMAN STEC-Are we talking about going from to one tank or.. COUNCILMAN BREWER-Three. COUNCILMAN STEC-You are adding a third tank. MR. ROULIER-We would be adding a third tank or possibly reducing it to two tanks, but the total capacity would be maintained at thirty five hundred gallons. COUNCILMAN STEC-Is this a year round residence? MR. ROULIER-Yes, it is utilized year round. I don't know and I would offer this to the board. I don't know if the board would consider letting them go ahead with their project in still maintaining the two thousand gallon capacity. I have a very hard time understanding that if I want to pump out my tanks once a week or twice a week or every four weeks really fundamentally what is the difference here. I know that the board I know that there are rules adapted by the State of New York saying, well three bedrooms homes require this capacity, but fundamentally as long as the sewage is removed and if you have the proper bells and whistles the alarm system and there is no chance of any pollutants going into Lake George why can't we maintain what we have with the authorization from this board? We would certainly be willing to go through the additional expense of putting in the capacity to increase it to thirty five hundred gallons, but it really boils down to how many times do you really want to have the septic system cleaned out and I'll leave that up to this board. COUNCILMAN MARTIN-I just don't want to have you get into an issue with Dave as to what he might require, I don't know if we have that kind of authority. Although we might say, you know the two thousand is fine is that in any way hinder your building permit with him? I don't want to do that I can understand what you are saying. COUNCILMAN STEC-Ifyou expand the structure then you have to comply that's why he is here. COUNCILMAN MARTIN-That's what I mean. I don't want to have something that is out of our realm meaning Dave say, well then I have to stop the work on the building permit side of this because you didn't get the approval for their thirty five hundred. MR. ROULIER-No, and that's what I'm saying to this board is that we're certainly willing to go ahead with the thirty five hundred. COUNCILMAN MARTIN-I think we ought to keep it simple and neat Joe I understand what you're saying, but I don't want to get you into trouble in other matters. MR. ROULIER-We would certainly be happy to conform to that regulation. SUPERVISOR BROWER-Any further questions for Mr. Roulier? COUNCILMAN TURNER-My comment would be that there is two tanks there already you are utilizing two tanks right now. You are going to get a building permit to change the profile of the roof and change the profile of the building and then until you do that you are still in compliance. You are going to need this extra tank this extra tank can come into play when you modify the building. MR. ROULIER-That's correct. COUNCILMAN TURNER-That's what I'm saying. COUNCILMAN MARTIN-Are you proposing to modify the building right away? MR. ROULIER-We would like to do the project this winter. COUNCILMAN STEC-Chris and Mark reading this I'm not exactly clear on what the relief sought is. The resolution refers to a variance a variance from what to increase the capacity of a holding tank requires a variance? EXECUTIVE DIRECTOR, MR. ROUND-Holding tanks are not allowed as a disposal system. COUNCILMAN STEC-In order to allow a holding tank. COUNCILMAN MARTIN-It's like increasing a nonconforming use. COUNCILMAN STEC-Okay it didn't jump out at me that's what this was. EXECUTIVE DIRECTOR, MR. ROUND-It may not read that way. Our regulations both building permit regulations and our water front residential zoning regulations say any expansion of a home you have to comply with the septic standards. Septic standards say you have to have a disposal field of X dimensions that's not the case holding tanks has to be three thousand gallons. Mr. Roulier wanted to get two variance one to continue to use the holding tanks and one to use a undersized holding tank. I think that's what you were talking about a little bit earlier, but that's not the case, you do need a variance to use holding tanks on the site. COUNCILMAN STEC-Dave Hatin's letter makes reference to discussion that he's had with you. The letter really doesn't endorse one way or the other he's not here tonight. EXECUTIVE DIRECTOR, MR. ROUND-Our discussion if you are familiar with the property there is limited land area you could not site a complaint, a traditional system disposal field on the site. COUNCILMAN STEC-Normally Dave would say, I recommend. EXECUTIVE DIRECTOR, MR. ROUND-That would be the case if it was a new holding tank going on the site it's not the case it's merely an expansion of one. SUPERVISOR BROWER-Any further questions. Thank you Mr. Roulier. COUNCILMAN TURNER-Do we have an answer to his question? SUPERVISOR BROWER-Whose question? COUNCILMAN TURNER-His. Is he going to be able to leave the two tanks there and use the two tanks that are there now that are compliant then go ahead with the expansion then put the third tank in as part of the expansion. COUNCILMAN MARTIN-That's fine with me. EXECUTIVE DIRECTOR, MR. ROUND-That's what's proposed that's why he is here? COUNCILMAN TURNER-Yeah, I know that's what I'm saying he asked the question. SUPERVISOR BROWER-The only question I would have is what the condition of the existing tanks are? MR. ROULIER-They are one thousand gallon concrete tanks. SUPERVISOR BROWER-Oh they are concrete. I thought they might be metal. COUNCILMAN MARTIN-They haven't made metal since you were a kid Dennis. SUPERVISOR BROWER-I think you meant Paul didn't you. COUNCILMAN MARTIN-No it's even been that short of time. MR. ROULIER- The proposal of increasing to the thirty five hundred gallons is predicated upon us also getting satisfactory site plan review as well as a variance to do the project. If either one of those would be denied by the respected boards then, of course, we would still maintain the two thousand gallons tanks in there. SUPERVISOR BROWER-Understood. MR. ROULIER- This seems to be the most logical since septic systems are so delicate around Lake George this seems to be the most logical place to start and that's why I'm here tonight. If this board approves that then, of course, by the end of the month the additional application will be presented. SUPERVISOR BROWER-Thank you very much. If you will have a seat I will ask for public comment at this time then we will probably ask you to come back up if we have any further questions. At this time I'd like to open the public hearing and invite anyone from the public that has a comment on this application to come forward address the board. NO PUBLIC COMMENT SUPERVISOR BROWER-Seeing none I'll will close the public hearing at this time and ask Mr. Roulier to come forward again and ask board members if they have any further questions or comments? PUBLIC HEARING CLOSED 7:17 P.M. COUNCILMAN MARTIN-I have no issue with the proposal. COUNCILMAN TURNER-Me either. SUPERVISOR BROWER-In that case do I have a motion from anybody? RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR COLLEEN AND BRUCE HALSE RESOLUTION NO.: BOH 55,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Colleen and Bruce Halse previously filed an application for a variance from the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to expand their existing holding tank's capacity from 2,000 to 3,500 gallons of capacity on property located at 25 Brayton Lane, Assembly Point in the Town of 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 request on November 19th, 2001, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. 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 other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and 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 Local Board of Health hereby approves the application of Colleen and Bruce Halse for a variance from the Sewage Disposal Ordinance to expand their existing holding tank's capacity from 2,000 to 3,500 gallons of capacity on property situated at 25 Brayton Lane, Assembly Point in the Town of Queensbury and bearing Tax Map No.: 6-3-12. Duly adopted this 19th day of November, 2001, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RAY LOCKHART RESOLUTION NO.: BOH56, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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, Ray Lockhart has applied to the Local Board of Health for three (3) variances from Town Code Chapter 136 as follows: 1. 136-11(B) of the Town Code requires applicants to obtain a variance for all holding tanks and the applicant has requested a variance to allow a holding tank; 2. The applicant has requested a variance to locate the proposed holding tank 26' from the well rather than the required 50' setback; and 3. The applicant has requested a variance to locate the proposed holding tank 8' from the property line rather than the required la' setback; on his property located at 95 Birdsall Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on December 3rd, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Ray Lockhart's sewage disposal variance application concerning property located at 95 Birdsall Road in the Town of Queensbury and bearing Tax Map No.: 289.17-1-34 and at thattime 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 19th day of November, 2001, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.BOH. 57,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 19th day of November, 2001 by the following vote: Ayes: Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec Noes: None AbsentNone CORRESPONDENCE Letter from Glens Falls Symphony Orchestra Inc. Dated November 13,2001 Dear Mr. Brower and Board Members: We are in receipt of check #041819 in the amount of $4,000.00 for which we thank you. This 2001 contribution in support of our 2001-2002 concert season will have a significant impact on the quality and quantity of programming that the Glens Falls Symphony Orchestra can and will provide our region. We experienced a 20% increase in attendance at our first subscription concert on October 14th, and the advanced sales for our annual Holiday Pops concerts (December 8 & 9) are running ahead of last year. Our increased marketing efforts, made possible in part by your support, are reaping benefits. Many of our patrons have commented that our performances have provided solace and comfort during the recent crises. This alone emphasizes the importance of arts in providing the quality of life we take for granted in the North Country. Your support ensures we can continue. With the grateful thanks of the Board, I am. Sincerely, \S\ Robert B. Rosoff Executive Director Letter from William A. Bacas, Town Justice, Queensbury Town Court Dated November 13,2001 Honrable Dennis R. Brower, Supervisor Jim Martin, Councilman Theodore Turner, Councilman Dan Stec, Councilman Tim Brewer, Councilman Town of Queensbury 742 Bay Road Queensbury, NY 12804 Dear Mr. Supervisor and Members of the Town Board: Please accept this letter as confirmation that I will retire as Town Judge for the Town of Queensbury effective February 1, 2002. I convey my deep gratitude to the Town Board for the support given to the Town Court over the many years. Very truly yours, ISI William A. Bacas Letter from The White House, Dated October 30th, 2001 Dear Ms. Barber: Thank you for submitting a resolution in support of the President regarding the acts of war committed against the United States on Septemberl1. In the face of this evil, our country remains strong and united, a beacon of freedom and opportunity to the rest of the world. Our Government continues to function without interruption. Our intelligence, military, and law enforcement communities are working non-stop to find those responsible for these acts. We will make no distinction between the terrorists who committed these acts and those who help or harbor them. We must remember that our Arab and Muslim American citizens love our Nation and must be treated with dignity and respect. Americans of every creed, ethnicity, and national origin must unite against our common enemIes. Since these terrible tragedies occurred, our citizens have been generous, kind, resourceful, and brave. The President encourages all Americans to find a way to help. Web sites like LibertyUnites.org, can serve as a resource for those wanting to participate in the relief efforts. The President deeply appreciated the support and prayers of so many Americans. Sincerely, I S I Ruben Barrales Deputy Assistant to the President and Director of Intergovernmental Affairs The Honorable Caroline H. Barber Deputy Clerk of the Town of Queensbury The Town of Queensbury 742 Bay Road Queensbury, New York 12804-5902 Town of Queensbury Building and Codes Office Supervisor's Report for October 2001 on file Town Clerk's Office OPEN FORUM 7:28 P.M. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the cleaning of roadsides in the Town noting that there are some areas of Town that the roads are a mess. From West Mountain Road to the Town line and Luzerne. Pine Street and Luzerne Road approaching the Transfer Station on Luzerne Road. Asked the board if there would be a possibility noting he has spoken to Jim Coughlin, Landfill Superintendent regarding this matter of hiring a crew of four men and a foreman for cleaning up the roadsides noting Mr. Coughlin believes he can do the entire Town in six weeks at a cost of about $10,000 believes the Town is worth this. Spoke to the board regarding resolutions pertaining to South Queensbury-Queensbury Avenue Sewer District questioned what is involved. COUNCILMAN BREWER-Noted he would be asking Wastewater Director, Mike Shaw this tonight. MR. TUCKER-How much is involved? COUNCILMAN STEC-Sixteen hundred and seventy dollars. MR. TUCKER-Noted when the sewer district was first talked about it was a joint venture with the County and Queensbury. SUPERVISOR BROWER-It still is noting Warren County has passed a resolution already adopting the plan Washington County has accepted it and this evening Kingsbury is suppose to accept it and hopefully Queensbury will accept it. MR. TUCKER-Questioned if this is a total charge to the Town of Queensbury or is this a charge that should be spread out among all the participants? SUPERVISOR BROWER-Believes the sewer district will end up paying for all the associated charges eventually. The Town is fronting the money to get the work accomplished, but eventually it will be a charge to the sewer district once it formed. MR. TUCKER-Questioned where the money came from that was given to the City of Glens Falls regarding the Sewer Agreement? COMPTROLLER, MR. HESS-The purchases of capacity for districts that were already in business it came out of the district. There were two purchases that came out of the general fund that will be reimbursed by the district, one was the South Queensbury the new district that's not yet formed the other one is the small amount for Baybridge which will be reimbursed by the district when the pump station goes into use. MR. TUCKER-Questioned if the amount given will take care of the capacity that you will need for that district forever? SUPERVISOR BROWER-Not forever it will last for many years. The district has a capacity of four hundred fifty thousand gallons we purchased three hundred thousand of those gallons up front. MR. TUCKER-Questioned what is the Town doing with the Economic Development Corporation over South Queensbury/Queensbury Avenue Sewer District how are they involved? SUPERVISOR BROWER-They are involved because they have purchased land from the County and have an option to purchase more from the former Sliver Bow property which will become probably the Queensbury Industrial Park. MR. TUCKER-Spoke to the board regarding the people on Division Road would like their road returned to a Dead End Street. Noted has had conversations twice with the Deputy Highway Superintendent noting both times he would get back to me and he hasn't. Noted he has heard rumors that they want to put a road at the end of Ogden Road and Division Road so people that are going to the park won't have to go back out. COUNCILMAN BREWER-Asked if the original road was from Ogden Road? MR. TUCKER-Ogden is the Church Road and the entranceway to the new park is going to be on Division Road. COUNCILMAN BREWER-Noted he hasn't seen those plans will contact Highway Superintendent, Rick Missita to see what the status is. JOHN STROUGH, QUEENSBURY-Spoke to the board asking what is the status of Baybridge Sewer Extension and sewering along Bay Road? SUPERVISOR BROWER-It is at a stall at the moment. MR. STROUGH-Noted it would be helpful to know what the status is on this project for future planning along Bay Road. SUPERVISOR BROWER-Noted it is an item that will be discussed in Executive Session tonight. COUNCILMAN MARTIN-Noted the only time there has been active discussion recently about bringing it farther than Baybridge is with the senior housing that's to sit between Bay Road and Blind Rock then further north there has been very little discussion about that. SUPERVISOR BROWER-The reason it hasn't been discussed yet is because there is so much on the plate as far as sewers go. MR. STROUGH-Asked maybe in the next year would it be a possibility. SUPERVISOR BROWER-Hopefully. ROBERT VOLLARO, QUEENSBURY-Spoke to the board regarding Baybridge sewer noting when they designed Baybridge sewer they designed the pump for forty five thousand gallons per day that is the initial stage on that pump changing the impalas what they did is come up with a hundred and eighty six thousand gallon capability on that pump on Bay Road. Looked at all of the tax maps all the way north all the way up to this building so the hundred eighty six thousand gallons should be able to handle this building. Looked at all the tax maps and loaded the tax maps based on the zoning as to how much using roughly three hundred gallons per day per building is what it was sized to come out to a hundred and seventy thousand gallons. P AUL NAYLOR, 15 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding letter in the Post Star. OPEN FORUM CLOSED 7:40 P.M. RESOLUTIONS RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2002 RESOLUTION NO.: 424,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board conducted a public hearing on November 8th, 2001 concerning the proposed 2002 Preliminary Budget and all interested persons were heard, and WHEREAS, the proposed 2002 Preliminary Budget presented at this meeting differs from the Preliminary Budget presented at the November 8th Public Hearing only with regard to estimated revenues in that the Preliminary Budget proposed to be adopted provides for an Appropriated Fund Balance of $1,865,991 and no revenue from Property Taxes for General Town Operations (General, Highway, Cemetery and Solid Waste Funds), and WHEREAS, the proposed 2002 Preliminary Budget sets forth the proposed 2002 salaries of the Town's Elected Officials as required by New York State Town Law 27, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the 2002 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR $53,818 DEPUTY SUPERVISOR $ 1,288 TOWN COUNCILMAN (4) $13,905 (each) TOWN CLERK $51,603 TOWN HIGHWAY SUPERINTENDENT $56,650 TOWN JUSTICES (2) $33,372 (each) and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts, with the changes referenced in this Resolution, the 2002 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2002 and authorizes and directs the Town Clerk to enter the adopted Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to prepare and certify duplicate copies of the Annual Budget and deliver one copy to the Queensbury Town Supervisor so that he may present it to the Warren County Board of Supervisors. Duly adopted this 19th day of November, 2001, by the following vote: AYES : Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 425, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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: CEMETERY: FROM: TO: $ AMOUNT: 02-8810-2899 Taxes 02-8810-4230650. (Capital Construction) (Receiver of Water/Sewer) GENERAL: FROM: TO: $ AMOUNT: 01-9060-8060 PT) 01-1110-17202,500. (Emp. Ben.-Health Ins.) (Court Officer, INFORMATION TECHNOLOGY: FROM: TO: $ AMOUNT: 01-1680-2032 01-1680-40701,000. (Software) (Service & Supplies) INSURANCE: FROM: TO: $ AMOUNT: 01-1910-4720 01-1410-20012,900. (Consultant) (Town Clerk/Equip.) WATER: FROM: TO: $ AMOUNT: 40-8340-2899 40-8340-4240 1,000. (Cap. Constr.) (R&R Parts) Duly adopted this 19th day of November, 2001, by the following vote: AYES : Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF c.T. MALE ASSOCIATES, P.C. FOR DESIGN SURVEY SERVICES RELATING TO PROPOSED ROUTE 9 SANITARY SEWER DISTRICT RESOLUTION NO.: 426, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Wastewater Deputy Director has obtained an engineering services proposal from C.T. Male Associates, P.C. (C.T. Male) for design survey services in connection with the proposed Sanitary Sewer District to serve the area of Route 9 from the intersection of State Route 149 south to the existing Central Queensbury Quaker Road Sewer District boundary approximately<< mile north of Aviation Road, and WHEREAS, the Wastewater Deputy Director has recommended that the Town Board engage c.T. Male for such services for an amount not to exceed $40,400, including mileage and other reimbursable costs, as delineated in C.T. Male's letter dated November 15,2001 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for design survey services in connection with the proposed Sanitary Sewer District to serve the area of Route 9 from the intersection of State Route 149 south to the existing Central Queensbury Quaker Road Sewer District boundary approximately << mile north of Aviation Road, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for C.T. Male's services in an amount not to exceed $40,400, including mileage and other reimbursable costs 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 the Town Board further authorizes and directs the Town Comptroller's Office to transfer $550 from Town Board Conference Expense Account No.: 001-1010-4090 to the Engineering Services Contractual Account No.: 001-1440-4400 and amend the 2001 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Wastewater Deputy Director, 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 19th day of November, 2001, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES : None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN COSTS OF ENGINEERING SERVICES PROVIDED BY JARRETT-MARTIN ENGINEERS, PLLC RELATING TO PROPOSED CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 427, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 449.99, the Queensbury Town Board authorized engagement of Jarrett-Martin Engineers, PLLC (Jarrett-Martin) to prepare a map, plan and report in connection with the proposed creation of the South Queensbury - Queensbury Avenue Sewer District (District), and WHEREAS, by Resolution No.: 339,2000, the Town Board authorized engagement of Jarrett- Martin to provide additional engineering services in connection with the District for an amount not to exceed $7,000, and WHEREAS, the Wastewater Deputy Director has advised that Jarrett-Martin has exceeded the $7,000 Purchase Order amount authorized by Resolution No.: 339,2000 by $1,670, such additional charges due to additional work requested by Town Staff in order to move the Project forward, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the additional engineering services and fees charged by Jarrett- Martin Engineers, PLLC in connection with the proposed creation of the South Queensbury - Queensbury Avenue Sewer for an amount not to exceed $1,670 for a new total amount not to exceed $8,670 as delineated in Jarrett-Martin's letter dated November 8th, 2001 presented at this meeting, such expenses to be paid for from funds encumbered by Purchase Order No.: 857.2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Wastewater Deputy Director and/or Town Supervisor to execute any documentation and take such action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT CONCERNING SOUTH QUEENSBURY - QUEENSBURY AVENUE SANITARY SEWER DISTRICT RESOLUTION NO.: 428, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the South Queensbury-Queensbury Avenue Sewer District, and WHEREAS, a Map, Plan and Report has been prepared by Jarrett- Martin, LLP, professional engineers, concerning the proposed sewer district formation to connect the existing Washington County Sewer District #1 (WCSD#I) Wastewater Treatment Plant to the City of Glens Falls Wastewater Treatment Plant (GFWWTP) along a route following Queensbury Avenue and the Niagara Mohawk Right of Way, which area would also include 30 lots in the Warren- Washington Counties Airport Industrial Park, the Floyd Bennett Memorial Airport and several parcels along the proposed force main route to the City of Glens Falls, as more specifically set forth and described in a Map, Plan and Report prepared by Jarrett- Martin Engineers and filed in the Queensbury Town Clerk's Office, and WHEREAS, the Town of Queensbury, on behalf of itself and the proposed South Queensbury - Queensbury Avenue Sewer District, the Town of Kingsbury on behalf of itself and the proposed Kingsbury Sewer District, Warren County, on behalf of the Warren County Industrial Park Sewer District and Washington County on behalf of itself and the Washington County Sewer District # 1 have negotiated terms to enter into an Intermunicipal Agreement concerning creation of the new Sewer District and the construction of sewer infrastructure and appurtenances, and WHEREAS, a draft of the proposed Intermunicipal Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Intermunicipal Agreement concerning creation of the South Queensbury - Queensbury Avenue Sewer District in form acceptable to Town Counsel, the Town Supervisor and the Town Wastewater Director, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Intermunicipal Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2001, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT: None ABST AIN:Mr. Martin RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION REGARDING SOUTH QUEENSBURY - QUEENSBURY AVENUE SANITARY SEWER DISTRICT RESOLUTION NO.: 429, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury is entering into an Intermunicipal Agreement concerning establishment of the South Queensbury-Queensbury Avenue Sewer District, and WHEREAS, as part of the creation of the new Sewer District the Queensbury Economic Development Corporation (QEDC) wishes to purchase and Queensbury wishes to sell certain excess sewer capacity to QEDC, and WHEREAS, the Town and QEDC have negotiated terms to enter into an Agreement for such purchase and sale of such excess capacity, WHEREAS, a copy of the proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town of Queensbury and the Queensbury Economic Development Corporation regarding creation of the South Queensbury - Queensbury Avenue Sewer District substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Intermunicipal Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2001, by the following vote: AYES : Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES : None ABSENT: None RESOLUTION AWARDING BID FOR COLLECTION AND DELIVERY OF COMPACTED SOLID WASTE AND RECYCLABLES TO WASTE MANAGEMENT RESOLUTION NO.: 430,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Purchasing Agent duly advertised for the collection and delivery of compacted solid waste from the Town's two transfer stations to the Adirondack Resource Recovery Facility and collection and delivery of the Town's recyclables from the Town's two transfer stations to a facility approved by the New York State Department of Environmental Conservation, and WHEREAS, Waste Management submitted the only and therefore lowest bid for the services at a cost of $85 per haul, and WHEREAS, the Purchasing Agent and Solid Waste Facilities Operator have recommended that the Town Board award the bid to Waste Management, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the collection and delivery of compacted solid waste from the Town's two transfer stations to the Adirondack Resource Recovery Facility and collection and delivery of the Town's recyclables from the Town's two transfer stations to a facility approved by the New York State Department of Environmental Conservation to Waste Management for a cost not to exceed $85 per haul, such services to be paid for from the appropriate Town account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Solid Waste Facilities Operator and/or Purchasing Agent to sign any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND AMTEK MANAGEMENT SERVICES CORP. RESOLUTION NO.: 431, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Dennis Brower WHEREAS, by Resolution No.: 418.2000, the Queensbury Town Board authorized a Professional Services Agreement between the Town and AMTEK Management Services Corporation for AMTEK's provision of human resource management services to the Town, and WHEREAS, the Town Board is currently considering alternatives to administering personnel issues including the possible creation and appointment of its own in-house Human Resources Manager, and WHEREAS, until such time as the Town Board makes its decision concerning possible establishment of a Human Resources Manager, the Town Board wishes to continue its current Professional Services Agreement with AMTEK on a month-to-month basis for an amount of $200 per month, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the continuation of the current Professional Services Agreement dated November 20, 2000 between the Town and AMTEK Management Services Corporation for the provision of human resource management services on a month-to-month basis at a rate of $200 per month to be paid for from Appropriation Account #001- 1430- 4720, and BE IT FURTHER, RESOLVED, that such extension of the Professional Services Agreement shall be subject to 30 days cancellation in writing by the Town or AMTEK with the Agreement to expire in any event, on June 30th, 2002 if not cancelled before that date, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2001, by the following vote: AYES Mr. Turner, Mr. Brower, Mr. Martin NOES Mr. Stec, Mr. Brewer ABSENT: None RESOLUTION APPROVING WILLIAM RYAN AS ELECTRICAL INSPECTOR FOR THE INSPECTOR, LLC RESOLUTION NO.: 432, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or individuals to perform electrical inspections within the Town and by Resolution No.: 405, 1999, the Town Board determined that the electrical inspection service firm, The Inspector, LLC, met these criteria, and WHEREAS, The Inspector, LLC has hired William Ryan as an electrical inspector and has requested that the Town Board authorize Mr. Ryan as an approved inspector, and WHEREAS, the Town's Director of Building and Code Enforcement has reviewed Mr. Ryan's credentials and has recommended that the Town Board authorize him to perform electrical inspections within the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes William Ryan of The Inspector, LLC to make electrical inspections within the Town of Queensbury subject to compliance with the standards set forth in Queensbury Town Code Chapter 80. Duly adopted this 19th day of November, 2001, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TWO (2) MATERIAL SPREADERS AND TWO (2) DUMP BODIES FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 433, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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 Highway Superintendent has advised the Town Board that he solicited bids for the purchase of two (2) material spreaders and two (2) dump bodies for use by the Town Highway Department, and WHEREAS, the Highway Superintendent has requested Town Board approval to purchase the two (2) material spreaders from the second lowest bidder, Arrowhead, for an amount not to exceed $4,940 each, as the lowest bidder, Tarrant Manufacturing, is unable to provide the material spreaders for six to eight weeks, and WHEREAS, the Highway Superintendent has requested Town Board approval to purchase the two (2) dump bodies from the lowest bidder, Arrowhead, for an amount not to exceed $4,950 each, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of two (2) material spreaders from Arrowhead for an amount not to exceed $4,940 each and the purchase of two (2) dump bodies from Arrowhead for an amount not to exceed $4,950 each, to be paid for from the appropriate Highway Department account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway 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 19th day of November, 2001, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF W A VERL Y PLACE, MAYFIELD COURT AND CHELSEA PLACE IN WAVERLY PLACE SUBDIVISION RESOLUTION NO. 434,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, The Michaels Group, LLC (Developer) has offered to dedicate to the Town of Queensbury, three roads, Waverly Place, Mayfield Court and Chelsea Place, in the Waverly Place Subdivision, which roads are more particularly described in the survey map prepared by VanDusen & Steves, LLC dated October 16,2001 and presented at this meeting, and WHEREAS, the Town Highway Superintendent has recommended acceptance of the roads contingent upon the Developer furnishing the Town with a Letter of Credit in the amount of $24,500 to ensure installation of the top course of asphalt on the roads, 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 Wastewater Deputy Director has confirmed that the installation of the sewer mains and appurtenances has been made in accordance with the Town Wastewater Department's standards, and WHEREAS, the form of the deeds and title to the roads offered for dedication have been reviewed and approved in form by Town Counsel, and WHEREAS, the Town has received an irrevocable Letter of Credit from the Developer in the amount of $24,500 to secure completion of the roads, and WHEREAS, the Developer will provide the Town with drainage and sewer easements satisfactory to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deeds for Waverly Place, Mayfield Court and Chelsea Place in the Waverly Place Subdivision, contingent upon the Developer providing the Town with drainage and sewer easements satisfactory to Town Counsel by November 30th, 2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, after timely receipt of such acceptable drainage and sewer easements, 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 should the Developer not install the top course of asphalt on the roads by November 19th, 2003, the Town Board authorizes and directs the Town Comptroller's Office to cash in the Letter of Credit to pay for completion of the top course, and BE IT FURTHER, RESOLVED, that the road(s) be added to the official inventory of Town Highways as follows: Name: Waverly Place Road Number: 530 Description: Beginning at Meadowbrook Road and continuing in a Southwesterly /easterly direction a distance of 1,673' and .32 hundredths of a mile and ending at Meadowbrook Road. Feet: 1,673' and .32 of a mile Name: Mayfield Court Road Number: 531 Description:Beginning at Waverly Place and continuing in an easterly direction a distance of 319' and .06 hundredths of a mile and ending at a cul-de-sac. Feet: 319' and .06 of a mile Name: Chelsea Place Road Number: 532 Description: Beginning at Waverly Place and continuing in a southerly direction a distance of 363' and .07 hundredths of a mile and ending at a cul-de-sac Feet: 363' and .07 of a mile Duly adopted this 19th day of November, 2001, by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None ABSTAIN: Mr. Martin TOWN BOARD DISCUSSION SUPERVISOR BROWER-Announced an executive session regarding Baybridge Sewer noting it falls under attorney/client. COUNCILMAN STEC-Asked the status of the Sheriff putting the speed wagon out on West Mountain Road? SUPERVISOR BROWER-Noted they are booked ahead about a month. COUNCILMAN BREWER-Announced the lighting of the Christmas tree on December 7,2001. SUPERVISOR BROWER-Noted he is pleased that they have completed the South Queensbury Avenue Sewer District noting it is a true showing of intermunicipal cooperation between not only two counties, but two towns. Thanked Attorney Bob Hafner for his diligence and Wastewater Director, Mr. Shaw for his help in this matter. ATTORNEY MATTERS ATTORNEY SCHACHNER-One litigation discussion for executive session. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 435,2001 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 one matter attorney\client privilege and one personnel matter. Duly adopted this 19th day of November, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 436,2001 INTRODUCED BY: Mr. Dan Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 19th day of November, 2001, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury