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2002-08-05 REGULAR TOWN BOARD MEETING AUGUST 5, 2002 MTG. #36 RES. 309-327 BOH 49-51 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS TOWN COMPTROLLER HENRY HESS DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND DEPUTY WASTEWATER SUPT. MIKE SHAW WATER/WASTEWATER SUPT. RALPH VANDUSEN PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BROWER 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 309.2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 5th day of August, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None 1.2 PUBLIC HEARING SEWER VARIANCE - JOHN SALVADOR NOTICE SHOWN Supervisor Brower-Asked Mr. Jarrett to come forward MR. TOM JARRETT -Mr. Tom Jarrett of Jarrett -Martin Engineers, PLLC representing Mr. John Salvador Seeking two variances number one set back to property line of four feet from the required ten foot set back and number two, setback to property line from well on north west corner ten feet instead of the required fifteen feet by code. COUNCILMAN BOOR-Questioned the set back off our feet, what is the purpose from the fill? ENGINEER JARRETT-Noted the groundwater being 24" set by test pit number 1. SUPERVISOR BROWER-Opened the Public Hearing at 7:08 P.M. Asked for Public Comment, hearing none the Public Hearing was closed at 7:09 P.M. Asked for Comments from the Town Board Members..no one spoke RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN SALVADOR RESOLUTION NO.: 49.2002 BOH INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, John Salvador has filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow installation of a wastewater disposal system four feet (4') from the property line instead of the required ten feet (10') setback and installation of the well ten feet (10') from the property line instead of the required fifteen feet (15') on property located on Alexy Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on August 5th, 2002, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves John Salvador's application for variances from the Sewage Disposal Ordinance to allow installation of a wastewater disposal system four feet (4') from the property line instead of the required ten feet (10') setback and installation of the well ten feet (10') from the property line instead of the required fifteen feet (15') setback on property located on Alexy Road, Queensbury and bearing Tax Map No.: 10-2-8. Duly adopted this 5th day of August, 2002 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JIM WHITE RESOLUTION NO.: 50.2002 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Jim White has applied to the Local Board of Health for a variance from Chapter 136 as fill for Mr. White's replacement septic system will be within ten feet (10') of the required setback from the property line on property located at 52 1/2 Russell Harris Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 19th, 2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jim White's sewage disposal variance application concerning property located at 52 1/2 Russell Harris Road, Queensbury, New York (Tax Map No.: 11-1-10) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. White's property as required by law. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 51.2002 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Board of Health seSSIOn. Duly adopted this 5th day of August, 2002 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES: None ABSENT: None 2.0 PUBLIC HEARINGS 2.1 QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.4 SUPERVISOR BROWER-Introduced Engineer Tom Nace and Deputy Wastewater Supt. Mike Shaw ENGINEER TOM NACE-Noted that this district expansion is for one business on the north side ofDix Avenue, the building will now house an office and retail business. The expansion will be paid for by the owners of the property. SUPERVISOR BROWER-Opened the Public Hearing Asked for public input, no one spoke. Public Hearing closed at 7: 17 P.M. COUNCILMAN BREWER-Questioned if the contractor had been selected yet? ENGINEER NACE-The Contractor has not been selected as of this date. SUPERVISOR BROWER-How long will the construction take to complete? ENGINEER NACE-Approximately one week. SUPERVISOR BROWER-Requested that the Director of Community Development lead the Town Board through the SEQRA process. A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in CI-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.4 RESOLUTION NO.: 310,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District to be known as the Queensbury Technical Park Sewer District Extension No. 4, and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an Unlisted Action pursuant to the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a SEQRA Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION APPROVING QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.: 4 RESOLUTION NO. 311,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District to be known as the Queensbury Technical Park Sewer District Extension No. 4, and WHEREAS, a Map, Plan and Report has been prepared by Nace Engineering, P.c., engineers licensed by the State of New York regarding the proposed extension to the existing Queensbury Technical Park Sewer District to permanently serve a one-acre parcel ofland located on the north side ofDix Avenue, Queensbury identified as tax map parcel no.: 303.15-1-6 and as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system., a report of the proposed sewer system and method of operation, and WHEREAS, on July 15th, 2002, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District; (h) that all the expenses of the district, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on August 5th, 2002 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Sewer Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article 12A, and consolidate the Extension with the Queensbury Technical Park Sewer District in accordance with Town Law ~206-a, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the extension are benefited; 3. All property and property owners benefited are included within the limits of the extension; 4. It is in the public interest to establish, authorize, and approve the Queensbury Technical Park Sewer District Extension NO.4 to the existing Queensbury Technical Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk as more specifically described as follows: All that certain parcel ofland located on the northerly side of Dix Avenue in the Town of Queensbury, Warren County, New York and which parcel is bounded and described as follows: Beginning at a point in the northerly bounds ofDix Avenue approximately 843 feet westerly of the westerly bounds of New York State Route 254, also known as Quaker Road; running thence from the point of beginning in a northwesterly direction and along the northerly bounds of said Dix Avenue, North 65 degrees 06 minutes 40 seconds West for a distance of 172.68 feet to a point; thence running in a northeasterly direction on a course perpendicular to the northerly bounds ofDix Avenue, North 24 degrees 53 minutes 20 seconds East for a distance of 292.24 feet to a point; thence running in a southeasterly direction, South 40 degrees 15 minutes 50 seconds West for a distance of 190.30 feet to a point; thence running in a southwesterly direction South 24 degrees 53 minutes 20 seconds West for a distance of 212.27 feet to the point of beginning containing 1.00 acres of land more or less. 5. In accordance with New York State Town Law ~206-a, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Queensbury Technical Park Sewer District Extension NO.4 in accordance with the boundaries and descriptions set forth in this Resolution and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. Permissive referendum in the manner provided in New York State Town Law Article 7; and 4. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None 2.2 SOUTH QUEENSBURY-QUEENSBURY AVENUE SEWER DISTRICT PUBLIC HEARING NOTICE SHOWN SUPERVISOR BROWER-Introduced Tom Jarrett as engineer project. TOWN COUNSEL HAFNER-Read a letter regarding the increased costs of the So. Queensbury- Queensbury Avenue Sewer District Project... sent to the following Paul Dusek Esq. Warren County Attorney, Stan L. Pritzker, Esq, Hudson Falls, Roger Wickes, Esq. Washington County Attorney and James Fischbeck, Executive Director Washington Co. Sewer Dist. NO.1 Gentlemen: As we acknowledged in the Intermunicipal Agreement, the cost of the South Queensbury- Queensbury Avenue Sewer District Project was estimated as accurately as possible at the time with foreknowledge that the actual cost might vary. As you may know, all of the bids submitted for the Project were substantially in excess of the estimated Project costs. Therefore, as specifically provided for in the Intermunicipal Agreement, steps must be taken so that the maximum estimated Project cost may be adjusted. In addition to the general effect of inflation, there are several specific factors which contributed to the cost increase, including: a. increased complexity and size of the pump station, including: Master meter, room for odor control equipment, multiple stage pumps and an emergency generator: b. increased footage of pipe necessary to relocate the pump station further into the airport at the request of Warren County; c. increased restoration of Queensbury Avenue due to delays in full reconstructon of the road by the County; d. the addition of air release/blow down structures partially due to more complete assessment during final design and partially due to variations in sewer grades based on route changes along County- owned properties; e. Additional requirements for tie-in to the City of Glens Falls; f. changes in Project design based on improvements in the sewer industry (for example, corrosion control additive in manhole concrete); g. detailed requirements imposed by Niagara Mohawk Power Corporation for use of its property and blasting on or near its facilities, and concern of bidders regarding uncertain working conditions on NMPC-owned properties which may have discouraged participation in bidding and/or increased bid prices; h. addition of a new sewer line along Quaker Road and two new directional borings across Quaker Road to serve properties on Quaker Road which were not originally included in the Queensbury Avenue Sewer District; and i. The bidding climate. To increase the maximu amount proposed to be expended for the Project, the Town of Queensbury must determine that the increase is in the public interest and adopt an Order authorizing the increase following a duly noticed and conducted public hearing. Such a public hearing has been scheduled for August 5th. We enclose for your use a copy of the Order setting the public hearing. We do not anticipate opposition to this increase and expect that the Town Board will make the necessary findings and adopt the required Order. As required by the Intermunicipal Agreement, the Town will conduct any and all necessary public hearings and other proceedings and adopt any Resolutions that may be required by law in order for the maximum estimated cost to be exceeded. We look forward to your continued support to facilitate authorization of the cost increase so that this vital Project can proceed. We are continuing efforts to finalize the required easements and will keep you appraised of our progress. Please do not hesitate to call if you haveany questions or would like to discuss the cost increase and procedures for its authorization further. Thank you. Very truly yours, Miller, Mannix, Schachner, & Hafner LLC Cathi L. Radner ENGINEER TOM JARRET -Reviewed the history of the project starting five years ago. DEPUTY WASTEWATER SUPT. MIKE SHAW-Noted the increase to the users will be slight, noted the Town will be making an application for New York State Empire Opportunity Grant funds, noted this looks favorable at approximately $400,000. SUPERVISOR BROWER- Opened the Public Hearing 7:28 P.M. MR. JOHN SALVADOR-Questioned if the grant of 400,000 would be used to cut the residents cost? COMPTROLLER HENRY HESS-The funding would be used to lessen the financing. MR. SALVADOR-Questioned the County involvement. SUPERVISOR BROWER-Noted the County provided easements. MR. DANIEL VALENTE-Noted he was glad to see a Town Project on its own. SUPERVISOR BROWER-Asked for further input. Hearing none Public Hearing Closed 7:34P.M. ORDER APPROVING PROPOSED INCREASE IN MAXIMUM AMOUNT TO BE EXPENDED ON SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO. 312, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury, Town of Kingsbury, Warren County and Washington County have entered into an Intermunicipal Agreement (the IMA) to jointly construct sewer facilities connecting the existing Washington County Sewer District #1 (WCSD#I) Wastewater Treatment Plant to the City of Glens Falls Wastewater Treatment Plant (GFWWTP), and WHEREAS, the Town of Queensbury is acting as the coordinator of the project and will issue its municipal bonds and/or bond anticipation notes to finance a portion of the project with amounts required for debt service to be apportioned among the municipalities, municipal agencies and individual properties which will be benefited by the project, and WHEREAS, the Town of Queensbury has created the sewer district known as the South Queensbury-Queensbury Avenue Sewer District (Sewer District), and WHEREAS, a District Formation Report (Map, Plan and Report) was prepared by Jarrett-Martin, LLP, professional engineers, concerning the proposed sewer district formation and the construction of sewer facilities involving three sewer districts and connecting the existing WCSD#1 to the GFWWTP along a route following Queensbury Avenue and the Niagara Mohawk Power Corporation right-of-way, which area would also included 30 lots in the Warren-Washington Counties Airport Industrial Park, the Floyd Bennett Memorial Airport and several parcels along the proposed force main route to the City of Glens Falls, as more specifically set forth and described in the original Map, Plan and Report (Project), and WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the Sewer District, a general plan of the sewer system, a report of the sewer system and method of operation, and WHEREAS, the South Queensbury - Queensbury Avenue Sewer District was duly and properly formed, and WHEREAS, the estimated annual cost to the "typical property" was filed with the Town Clerk and as part of the Map, Plan and Report, and WHEREAS, the Town has received bids for this Project and all of the bids were in excess of the maximum estimated cost of the Project set forth in the Map, Plan and Report, and WHEREAS, the Town still feels that this is an important Project, and WHEREAS, the costs to the typical user still do not exceed the State Comptroller's Office threshold for the average estimated cost of a sewer district to a typical user, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed increase in the maximum amount to be expended for the Sewer District improvements was duly held on August 5th, 2002 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to increase the maximum amount to be expended for the South Queensbury - Queensbury Avenue Sewer District in accordance with Town Law Article 12-A, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Sewer District are thereby benefited; 3. All property and property owners benefited are included within the limits of the Sewer District; 4. It is in the public interest to authorize the increase of the maximum amount to be expended for Sewer District improvements; and BE IT FURTHER, RESOLVED, that the Town Board hereby also determines that the boundaries of the South Queensbury - Queensbury Avenue Sewer District are shown on the Project Location Map included with the Map, Plan and Report on file with the Town Clerk's Office. The benefited properties proposed to be a part of the Sewer District are as follows: TAX MAP NO. OWNER/USE 303.10-1-12 North Country Imports (automobile dealership) 297.16-1-1 Airron Industrial 297.16-1-2 Airron Industrial 297.20-1-2 Airron Industrial 297.20-1-3 Airron Industrial 303.12-1-9 Warren County 303.10-1-8 Forest Enterprises 303.11-1-4 Forest Enterprises 303.15-1-25 Forest Enterprises 303.15-1-18 Garden World Assoc. 303.15-1-20 Forest Enterprises 303.15-1-21 Forest Enterprises 303.15-1-22 Forest Enterprises 303.15-1-23 Glens Falls National Bank & Trust Company 303.15-1-24 Forest Enterprises 303.10-1-9 Top of the World Auto Body and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes the following actions: 1. The maximum amount to be expended for the Sewer District improvements is increased from $2,204,035 to approximately $2,596,328 including a one time buy-in fee to the City of Glens Falls wastewater treatment facility which is estimated to be $.50 per gallon of average daily flow, which in this case will equal $12,500. The amount for which existing and new District users will be responsible for is increased from $903,195 to approximately $1,367,591. The improvement costs for various components of the Sewer District are detailed in the bid information on file with the Town Clerk's Office. 2. Nearly all of the properties within the Sewer District are zoned for industrial or commercial use but are vacant at this time. Under Town Law ~209-a(2), "Typical Property" is defined as a benefited property having an assessed value that approximates the assessed value of the mode of the benefited properties situated in the district or extension that will be required to finance the cost of the proposed improvements. Using this definition, the assessed value of the "Typical Property" is $50,000 and the total estimated annual cost of the District to the "Typical Property" during the first year following formation is increased from $340 to $372. The estimated annual cost of the District for debt service and operation and maintenance costs to a typical one or two family home during the first year following formation is increased from $170 to approximately $186. There will be no actual hook-up fees. The cost to retain a private contractor to install a new collection sewer system and/or sewer lateral betweena building and the main Project sewer lines vary significantly depending on the individual conditions including distance from the line and various subsurface conditions. Typical sewer lateral installation costs have been at least several thousand dollars; it is impossible to generalize the costs for collections sewer systems. 3. A detailed explanation of how the estimated cost of the District to the typical property, and, if different, the typical one or two family home was computed is included in the Map, Plan and Report which is on file with the Town Clerk and available for public inspection. The bid information leading to the increase in the maximum amount is also on file and available for inspection. 4. The proposed method of financing the total cost of the Project includes the following: A U. S. Department of Commerce-Economic Development Administration Grant in the amount of 50% of the Project cost up to $600,000; B. NYS Department of Environmental Conservation Clean Water/Clean Air Bond Act Grant in the amount of $302,000; C. $325,000 purchase of future capacity in the sewer district; and D. issuance of Bonds and/or Bond Anticipation Notes by the Town of Queensbury on behalf of the Sewer District in the amount of $1,367,591, increased from $903,195. Debt service on the Bonds will be paid by an annual benefit tax charge to users and annual sewer use charges will be imposed to pay the costs of operation and maintenance. and BE IT FURTHER, RESOLVED, that such action listed above is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AMENDING AND RESTATING BOND RESOLUTION AND AUTHORIZING ISSUANCE OF UP TO $1,367,591 IN SERIAL BONDS OF TOWN OF QUEENSBURY TO PAY COST OF ACQUISITION, CONSTRUCTION AND INSTALLATION OF INFRASTRUCTURE FOR SOUTH QUEENSBURY-QUEENSBURY AVENUE SEWER DISTRICT AND AUTHORIZING ISSUANCE OF UP TO $1,367,591 IN BOND ANTICIPATION NOTES OF TOWN OF QUEENSBURY FOR SAME PURPOSE RESOLUTION NO.: 313,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Thedore Turner WHEREAS, the Town of Queensbury (Town) duly established the Town of Queensbury South Queensbury-Queensbury Avenue Sewer District (QASD) in accordance with New York Town Law, and WHEREAS, Jarrett-Martin, LLP (Jarrett-Martin) developed plans (Map, Plan and Report) for a system to connect an existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant by constructing a gravity sewer line along Queensbury Avenue connected to a pump station which will lift wastewater through a force main to a gravity sewer manhole in Dix Avenue, together with related improvements (Project), and WHEREAS, on February 25, 2002, the Town Board adopted a Resolution (Original Bond Resolution) authorizing the issuance of up to $903,195 serial bonds and/or bond anticipation notes (Bonds/BANs) for the purpose of paying a portion of the cost of the acquisition, construction and installation of the Project and authorizing such specific object or purpose at a maximum estimated cost of $1,676,035, and WHEREAS, the Town advertised and received bids for construction of the Project and all of the bids were in excess of the maximum estimated cost of the Project as set forth in the Map, Plan and Report, and the Town Board wishes to amend and restate the Original Bond Resolution to increase the authorized maximum estimated cost of the Project and the amount of Bonds/BANs authorized to be issued, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of infrastructure for the South Queensbury- Queensbury Avenue Sewer District (QASD) to connect an existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant, including but not limited to a pumping station, approximately 1000 feet of gravity sewer to convey sewage to the pumping station, and a force main from the pumping station to an existing City of Glens Falls municipal sewer manhole, all as more fully described in the Map, Plan and Report prepared for the QASD by Jarrett-Martin, and further including related preliminary and incidental costs (the "Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of One Million Six Hundred Seventy-Six Thousand Thirty-Five Dollars ($1,676,035) Section 2. Pursuant to an Intermunicipal Agreement (Intermunicipal Agreement) by and among the Town of Queensbury, on behalf of itself and on behalf of the QASD, the Town of Kingsbury, on behalf of itself and on behalf of Kingsbury Sewer District Number One; Warren County, on behalf of itself and on behalf of the Warren County (Industrial Park) Sewer District; and Washington County, on behalf of itself and on behalf of the Washington County Sewer District # 1, the plan for the financing of such maximum estimated cost is by: (1) a portion of a $600,000 U.S. Department of Commerce-Economic Development Administration Grant in the amount of 50% of the Project cost up to $72,000. (The remaining $528,000 of the grant will be used for improvements to the Washington County Sewer District #1); (2) NYS Department of Environmental Conservation Clean Water/Clean Air Bond Act Grant in the amount of $300,000; (3) $325,000 purchase of future capacity in the QASD; (4) $76,500 total reimbursement and donation of right-of way from NIMO; and (5) issuance of Bonds and/or Bond Anticipation Notes by the Town of Queensbury on behalf of the QASD, hereby authorized to be issued pursuant to the Local Finance Law in an amount up to $1,367,591. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after February 25,2002, the date of adoption of the Original Bond Resolution provided however, that the limit on such expenditures paid by the Town between such February 25,2002 and the date of this Resolution (August 5,2002) shall be $903,195, the amount of the originally authorized bonds.. The Town may submit applications for additional grants and/or low interest loans from the New York State Department of HealthlNew York State Environmental Facilities Corporation Drinking Water State Revolving Fund and/or the United States Department of Agriculture Rural Development Authority and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Section 107(d)(9), no down-payment from current funds is required. Section 3. The Town Board has determined that it is in the public interest to acquire and construct the Project and has further determined that it is in the public interest to authorize the increased cost of the Project. Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose is forty (40) years, pursuant to Subdivision 4 of paragraph (a) of Section 11 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be assessed upon benefited real property a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 6. For the purpose of paying the cost of the Project, including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $1,367,591, the maximum maturity of which shall not exceed the forty (40) year period of probable usefulness set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $1,367,591 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal ofthe Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. Section 13. determined rate. If issued, the notes shall be in registered form, and shall bear interest at the Section 14. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 15. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 16. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 17. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (2) The provisions oflaw which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 20. The original Bond Resolution is hereby affirmed and ratified and remains in effect in its totality except to the extent of the increase in bond allowed. This Bond Resolution hereby amends and modifies the original Bond Resolution. Section 21. The full text of this Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in ~81.00 of the Local Finance Law. Section 22. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL CALL AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NAYS: None ABSENT: None The Resolution was declared duly adopted by a vote of not less than two-thirds (213) of the full membership of the Town Board. DATED: August 5,2002 RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR PUMP STATION AND FORCE MAIN CONSTRUCTION IN CONNECTION WITH CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO. 314.2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Town Board Resolution No.: 224,2002 the Town Board adopted its Final Order approving creation of the South Queensbury - Queensbury Avenue Sewer District, and WHEREAS, by Resolution No.: 408,2001 the Town Board authorized engagement of Jarrett- Martin Engineers, PLLC and its project team for design phase services in connection with construction of the Sewer District, and WHEREAS, Jarrett-Martin presented the Town's Wastewater Deputy Director with bid documents and specifications to advertise for bids for pump station and force main construction in connection with the project, and WHEREAS, the Queensbury Town Board authorized the bidding for the project, and WHEREAS, the Town Purchasing Agent and Jarrett-Martin duly followed the proper procedures for bidding such work on behalf of the Town, and WHEREAS, the Purchasing Agent has duly received and opened all bids, and WHEREAS, the Purchasing Agent, Jarrett-Martin and Town Wastewater Deputy Director have recommended that the Town Board authorize awarding of the bid to the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the pump station and force main construction in connection with the creation of the South Queensbury - Queensbury Avenue Sewer District from the lowest responsible bidder, Kilby Brothers, Inc., in an amount not to exceed $1,640,000 as delineated in Kilby Brothers, Inc.'s Bid Form dated July 19, 2002 presented at this meeting and authorizes the Town Supervisor to execute a contract in form acceptable to the Supervisor, Deputy Director of Wastewater, Town Comptroller and Town Counsel provided, however, that the acceptance and award of such bid shall also require the Town Supervisor to execute such contract in his discretion which he is hereby granted, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an additional appropriation of $132,000 for construction contingencies, not to include fees for engineering or inspection services, all such contingency services to be pre-approved in accordance with the Town's Purchasing Policy, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes payment for these services with such amounts to be paid from the appropriate General Fund Account(s) and 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 Supervisor, Purchasing Agent, Wastewater Director, Wastewater Deputy Director and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING APPLICATION FOR NEW YORK STATE EMPIRE OPPORTUNITY GRANT FUNDS IN CONNECTION WITH CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 315.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Governor George Pataki has announced the availability of $100 million for the development of industrial facilities, business parks, incubators and other projects with the creation of the Empire Opportunity Fund (EOF), and WHEREAS, the Town of Queensbury has created the South Queensbury-Queensbury Avenue Sewer District to serve industrial/manufacturing facilities in the area of the Warren County Airport-Floyd Bennett Memorial Field, and WHEREAS, the new sewer infrastructure is supported by the Town of Queensbury 1998 Comprehensive Land Use Plan (CLUP), specifically as outlined in Townwide Land Use Goals/Objectives and Strategies, Goals 3, 8 and 9, and also in Neighborhood 10, Recommendation 10.4 (see attached), and WHEREAS, the new sewer infrastructure will be constructed at a cost of $2.1 million and, among other things, will provide for the expansion of Angio-Dynamics thereby creating 241 new jobs, and WHEREAS, the Sewer District will also benefit existing manufacturing facilities located in Warren and Washington Counties as well as provide facilities for new industrial parks including the planned Queensbury Industrial Park and Phase II of Warren Washington IDA Park, thereby providing the opportunity to attract, create and sustain long term employment opportunities, and WHEREAS, construction bids were recently received and opened by the Town, identifying an increase in the cost of construction of the Sewer District infrastructure, and WHEREAS, the Town wishes to seek additional funding sources to fill the current funding gap and the Town Board feels that the EOF Grant program will help fill that gap and benefit Town of Queensbury residents, NOW, THEREFORE, BE IT RESOLVED, that the proposed financing for this project has been found to be appropriate through the effective and efficient use of a number of existing and proposed public resources, which will promote economic development as well as the conservation of natural resources, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes submission of an application for grant funding from New York State's newly created Empire Opportunity Fund to help fund the increased cost of construction of the newly created South Queensbury - Queensbury Avenue Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Executive Director of Community Development to complete and/or execute a grant application and any other documentation for such funding assistance, arrange for payment of the $250 grant application fee and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of August, 2002 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING PAYMENT OF LEGAL FEES ASSOCIATED WITH SEWER EASEMENT CONCERNING SOUTH QUEENSBURY-QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 316.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury (Town) duly established the Town of Queensbury South Queensbury-Queensbury Avenue Sewer District (QASD) in accordance with New York Town Law, and WHEREAS, it is necessary to obtain a sewer easement across property owned by the Niagara Mohawk Power Corporation, and WHEREAS, the Town Board wishes to authorize payment of legal fees associated with obtaining such easement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the payment of legal fees associated with the granting of a sewer easement for the South Queensbury - Queensbury Avenue Sewer District across property owned by the Niagara Realty Statutory Trust where Niagara Mohawk has its offices on Quaker Avenue along Apollo Drive, to be paid to the attorneys for the owners, its managing partner(s) and/or trustee(s) and/or its lender, not to exceed $7,500 in aggregate, to be paid upon receipt of acceptable invoices and receipt of an acceptable easement in recordable form, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that such amounts shall be paid from the appropriate General Fund Account(s) and such amount to be refunded in full to the General Fund by future Sewer District users. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None 3.0 CORRESPONDENCE 3.1 Landfill Report for January 2,2002 through July 31, 2002 4.0 RESOLUTIONS FROM THE FLOOR NONE 5.0 OPEN FORUM MR. PLINEY TUCKER-41 Division Road, Queensbury RE: Res. 6.1 What is going on? SUPERVISOR BROWER-There a potential buyer for Station No.2, the sale price is $182,000 it is for our consideration this evening. COMPTROLLER HESS-Noted there will be a small amount put against the debt. MR. TUCKER-re: Division Road Requested a workshop session with the Highway Supt., Mr. Harry Hansen and Town Counsel... SUPERVISOR BROWER-I would be glad to give you some time at the workshop, noted that all the people that you requested may not be present. MR. TUCKER-What is involved here is this piece of property where the Town just plows the snow in the wintertime and since you had them picking up brush they use it then, that is the only thing they do on that road it is not graded, they do not take care of it whatsoever or anything else. This is church property, it was Church property all the time the Town has been doing this up until the last year and a half when Nature Conservancy bought it from the Church and it is going to give it to the Town. Mr. Hafner reported to the Board that it is a highway by use. COUNCILMAN BREWER-Noted the Open Space Institute bought the property... MR. SALVADOR-The Open Space Institute purchased some land from the Church there was a conveyance of land there is a deed describing the land is this conveyance burdened by a public easement called a road? TOWN COUNSEL HAFNER-According to the research that we did it is burdened by a road by use connecting Division and Ogden. MR. TUCKER-Questioned the definition of a road by use? TOWN COUNSEL HAFNER-It has been used for highway purposes for at least ten years. MR. SALVADOR-Questioned if it is on the Town Clerk's inventory of Town property? This is how we demonstrate who owns what, the Town Clerk maintains an inventory of town property including easements. TOWN COUSNEL HAFNER-I do not know whether it is on the list or not but whether it is or not doesn't change whether it is a road by use that is a different thing than the formality of whether or not it made it on some list. COUNCILMAN BREWER-The bottom line of the whole situation is you want to find out if we are going to leave Division Road as a Dead End and Ogden as a Dead End or are we going to create a road there, ultimately that is what you want to find out. Noted that this has been in the works for a few years, there is a preliminary plan. MRS. SAL V ADOR- Re: Library Has Mr. Hess been successful in obtaining the number of card holders in each of the Towns? Noted they are looking for a trend in use... COMPTROLLER HESS-Noted he would have the information by tomorrow afternoon. MR. DAVID STRAlNER-1124 Ridge Road - Re: Res. 6.1 Why is it the Fire Company has to get your permission to sell the station? COMPTROLLER HESS-Because it is in their contract that they cannot divest themselves of real property without getting approval from the Town Board. MR. STRAINER-Your figure of 120 how accurate do you think that is for what is owed on that station? COMPTROLLER HESS-It is a reasonable guess from memory. MR. STRAINER-When I met with you Henry and you Dennis when I had the station on Sunnyside Road listed at that time you said the Town does not pay a real estate commission to me. I know the station is listed with a realtor are you not going to pay him the realtor also? COMPTROLLER HESS-The issue with Station No. 1 was that your association with the fire company you were a member at that time and the Town was not buying the station they were acquiring it for a consideration in kind toward their new station, that was the reason for not paying a commission at that time. MR. STRAINER-That would still be considered a purchase they are giving you something for something. The appraisal on that station was two hundred and sixty eight thousand dollars I believe I think at one eighty if we are talking apples to apples here that we are taking a substantial loss there also. MR. JOHN SAL V ADOR-Re: North Queensbury Fire House noted the money for the sale of the fire station never was used to reduce the cost of the new station...maybe we could get to the bottom of it. RE: No. Qsby. Sewer Project will anything happen between now and Labor Day? SUPERVISOR BROWER-O'Brien and Gere will have a report to the Town Board by early September. Re: Site Plan Approvals on Warner Bay noted the need for a Wastewater management program. Re: County facilities that do not pay fire tax. I do not see that, that is proper we are carrying the cost of fire protection on those county facilities. MR. JOHN STROUGH-7 Wincrest Drive RE: Main Street Questioned were the funding is coming from for the burying of the utilities, landscaping and antique lighting? DIRECTOR ROUND-Noted DOT is not going to pay for underground utilities however certain components of utilities are fundable under highway law we expect some portion of the utilities relocation will be borne by DOT. Senator Staffords and Assemblywomen's Little office was very enthusiastic about the project and indicated there are other funding sources available ...A letter was sent to the Governor from Mayor Regan and Supervisor Brower outlining our visions for the corridor...other sources are being looked into...the highway will be designed with underground utilities that the project is fundable with several sources of monies and it is our job to go out and identify those funding sources. Noted there will be a public information meeting when the preliminary design is ready... MR. STROUGH-Questioned if the Town will be able to chip in and be able to fulfill the gap if necessary? DIRECTOR ROUND-The Town is not empowered to fund underground utilities with general fund dollars... MR. STROUGH-Can you set up a district? DIRECTOR ROUND-A business improvement district is the only local vehicle that we have to fund that... MR. STROUGH-Questioned how the connector road is coming along? DIRECTOR ROUND-It is progressing and very positive. MR. STROUGH-RE: Community Center possible location behind ACC... the Senior's like the concept of a Community Center with various activities with people of various ages...not isolated geographically and culturally they would be part and parcel of a community center. Possibly activities: ice skating, swimming pool, educational rooms for seniors and others, auditorium or amphitheater for the likes of the Last of the Mohican's Theatre group or something like that...Maybe we should work on a public forum for discussing this and advancing it. SUPERVISOR BROWER-The Recreation Department has had on its Capital Improvement Plan a facility near ACC their plans are not formulated completely; a pool and area for youth and possibly senior's to intermingle, however the Seniors have expressed a desire to stay here in this facility...noted they would like to see the Town Board, Planning Board and Zoning Board leave the building in five years. MR. STROUGH-Would like to see all the parties involved in a public forum to discuss this proposal.. COMPTROLLER HESS-I would like to make one comment, the worker's compensation, there is good news, three years ago we started the process of looking on how we ensured the risk, we fully ensure with State Fund, managing the claims and watching the risk and creating safety awareness, we got our first experience modification from NY State rating board and we have a credit modification of eight percent. Instead of paying 100% of the premium we pay 92 % of the rating board premium. Our bills from July of this year through June of next year are going down $31,000. split among Fire and EMS and mostly for the town, eighteen thousand. We are saving around 30% of what we paid three years ago, over the past three years the Town has saved a total of three hundred thousand dollars. SUPERVISOR BROWER-Asked for further comments, hearing none the Open Forum was Closed. 8:20 P.M. 6.0 RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF OFFER TO PURCHASE BAY RIDGE VOLUNTEER FIRE COMPANY, INC.'S FIRE STATION NO. 2 RESOLUTION NO.: 317.2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 208.2002, the Queensbury Town Board authorized its acceptance of Bay Ridge Volunteer Fire Company, Inc.'s (Fire Company) sale of its Fire Station NO.2 on Glen Lake Road (Fire Station), and WHEREAS, the sale of the Fire Station was never completed, and WHEREAS, the Fire Company has advised that it has received a new purchase offer in the amount of one-hundred eighty two thousand dollars ($182,000), and WHEREAS, the current Agreement for fire protection services between the Town and the Fire Company provides that the Town Board shall have the exclusive right to accept any such offer, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants its acceptance of John Bernhard's written offer to purchase Bay Ridge Volunteer Fire Company, Inc. 's Fire Station NO.2 in the amount of one-hundred eighty two thousand dollars ($182,000) contingent upon the conditions included in Mr. Bernhard's offer, and BE IT FURTHER, RESOLVED, that it is understood by the Town Board that as specified in the current Agreement for fire protection services between the Town and Fire Company, the net proceeds from the Fire Station sale shall be applied to reduce the principal balance of mortgage debt on the Fire Company's new Fire Station located on Bay Road, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 5th day of August, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION RESCHEDULING TOWN BOARD REGULAR MEETINGS FOR SEPTEMBER 2002 RESOLUTION NO.: 318.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Supervisor has requested a change to the Town Board meeting schedule for September, 2002, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and sets its September, 2002 regular Town Board meetings for September 9th and September 23rd, 2002. Duly adopted this 5th day of September, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: ADOPT 2002 RETIREMENT INCENTIVE PROGRAM OF 2002 TO RESOLUTION NO. 319.2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board hereby wishes to consider adoption of a Local Law which would adopt a 2002 Retirement Incentive Program offered to eligible Town of Queensbury employees, and WHEREAS, such legislation is authorized in accordance with Chapter 69 of the Laws of 2002 of New York State, and WHEREAS, prior to adoption of the proposed Local Law, the Board must conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on August 19th, 2002 to consider the proposed Local Law presented at this meeting, hear all interested persons and take such action required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 5th day of August, 2002, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF KEVIN MULCAHY AS PART-TIME LABORER FOR TOWN TRANSFER STATIONS RESOLUTION NO. :320.2002 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Solid Waste Facilities Operator has requested Town Board authorization to hire Kevin Mulcahy as a part-time Laborer to work at the Town Transfer Stations, and WHEREAS, Mr. Mulcahy has passed the pre-employment physical required by Town Policy, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Solid Waste Facilities Operator to hire Kevin Mulcahy as a permanent, part-time Laborer effective August 6th, 2002, at an hourly salary of $10.80 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Solid Waste Facilities Operator and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF HEBER ASSOCIATES FOR PROVISION OF TEMPORARY EMPLOYEE TO WORK IN COMMUNITY DEVELOPMENT DEPARTMENT DURING CLERK'S MEDICAL LEAVE RESOLUTION NO.: 321,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Executive Director of Community Development has advised the Town Board that the Clerk in the Community Development Department will be out on medical leave indefinitely, and WHEREAS, the Executive Director has requested Town Board authorization to contract with an employment agency for the provision of a temporary employee to cover for the Clerk while she is out on medical leave, and WHEREAS, the Executive Director has received and reviewed offers from three employment agencies and has made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Executive Director of Community Development to engage the employment agency services of Heber Associates for the provision of a temporary, part -time employee to work in the Community Development Department while the Clerk is out on medical leave, and BE IT FURTHER, RESOLVED, that such employee shall work 40 hours per week beginning August 12th, 2002, and BE IT FURTHER, RESOLVED, that the amount paid for services shall be $16.50 per hour with total payment not to exceed the total amount of $5,200 without further Town Board authorization to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to sign any documentation and take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None SUPERVISOR BROWER-Res. 6.6 has been pulled the individual named is unable to perform the duty and Ralph will have another resolution at our next regular meeting. RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 322,2002 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 2002 Town Budget as follows: COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8020-1610 01-8020-1619 $ 16,000 (Planning Assistant) (Land Use Planner) 01-8020-1610 01-3620-1070 $ 4,000 (Planning Assistant) (Part-Time Clerk) 01-3510-4090 01-3510-4030 $ 150 (Conf. Registration & Attendance) (Postage) 01-8020-4220 01-8020-4030 $ 300 (Training & Education) (Postage) WATER: FROM: TO: $ AMOUNT: 40-8320-4400 40-8320-1780 $ 1,133 (Misc. Contractual) (Water Plant Tech.) 40-8320-4400 40-8320-4301 $ 1 (Misc. Contractual) (Late Fees-Utility Bills) 47-8310-4400 47-8310-4100 $ 300 (Misc. Contractual) (Telephone) 47-8310-4400 47-8310-4130 $ 760 (Misc. Contractual) (Counsel Fees) Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AWARDING BID FOR NON-INSULATED, END-MOUNTED TELESCOPIC AERIAL LIFT FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 323, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town's Purchasing Agent duly advertised for bids for the purchase of a non- insulated, end-mounted telescopic aerial lift to be mounted on Unit 15 - a Ford F550 bucket truck as specified in bid specifications prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, North American Equipment Service, Inc., submitted the only and therefore lowest responsible bid for the telescopic aerial lift in the amount of $16,995 and the Highway Superintendent and Purchasing Agent have recommended that the Town Board award the bid to North American Equipment Service, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the non-insulated, end- mounted telescopic aerial lift to North American Equipment Service, Inc., for an amount not to exceed $16,995 to be paid for from Highway Heavy Equipment Account No.: 04-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Comptroller and/or Purchasing Agent to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of August, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer (Councilman Brewer left the meeting before the vote was taken) RESOLUTION TO PAY FOR COSTS ASSOCIATED WITH BAY ROAD CORRIDOR ENHANCEMENT PROJECT RESOLUTION NO.: 324,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 273,2000, the Queensbury Town Board authorized submission of an application for Adirondack North Country Community Enhancement Program funds through the New York State Division of Housing and Community Renewal, and WHEREAS, the grant application was submitted and the Town was awarded a $24,400 grant from the New York State Division of Housing and Community Renewal, and WHEREAS, upon approval of the grant application in the amount of $24,400 the Town Board established "Bay Road Corridor Enhancement Project Fund # 130," to fund landscaping installation services for the beautification of land owned by the Town of Queensbury located at Bay and Quaker Roads, and WHEREAS, by Resolution No.: 29,2001, the Town Board established appropriations and estimated revenues in the amount of $24,400 for the grant funds, and WHEREAS, by Resolution No. 468,2001 the Town Board expanded the scope of this project and approved transfers from the General Fund to cover expenditures exceeding grant revenues, and WHEREAS, subsequent enhancements to the scope of the project necessitate additional fund to pay for various amenities such as boulders and plaques, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board further authorizes the following budget which supercedes financial plans approved in previous Resolutions: Revenues: $24,400 Grant Receipts from NYS Div of Housing and Community Renewal 10,000 Transfer from 001-1990-1002 (As originally approved by Res 468.2001) 12,390 Transfer from 001-1990-4400 (As originally approved by Res 468.2001) 1,200 Transfer from 001-8510-2899 (Non-specific authorization by Res. 468.2001) $47,990 Spending Plan Authorized by Res. 468.2001 4,400 Transfer from 001-8510-2899 - Additional cost per bid plus contingency $52,390 Total Appropriations - Account 130-8510-2899 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller's Office to amend the 2002 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. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF MANDY SPRING FARM NURSERY, INC. FOR PROVISION OF LANDSCAPING INSTALLATION SERVICES FOR LAND OWNED BY TOWN OF QUEENSBURYLOCATED AT BAY AND QUAKER ROADS RESOLUTION NO. 325, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No. 273, 2000 the Queensbury Town Board authorized submission of an application for Adirondack North Country Community Enhancement Program funds through the New York State Division of Housing and Community Renewal, and WHEREAS, the grant application was submitted and the Town was awarded a $24,400 grant from the New York State Division of Housing and Community Renewal, and WHEREAS, by Resolution No: 29,2001 the Town Board established appropriations and estimated revenues for the grant funds, and WHEREAS, by Resolution No.: 468,2001 the Town Board expanded the scope of this project and approved transfers from the General Fund to cover expenditures exceeding grant revenues, and WHEREAS, professional landscaping design services were donated by The L.A. Group and professional surveying services were donated by Van Dusen & Steves, thereby eliminating the need for a proposal for landscaping and design services, and WHEREAS, by previous Resolution the Town Board authorized a budget which supercedes financial plans approved in previous Resolutions, and WHEREAS, by Resolution No. 267, 2002, the Town Board as Lead Agency conducted an environmental review under the State Environmental Quality Review Act (SEQRA), and approved a SEQRA Negative Declaration, and WHEREAS, by Resolution No. 268, 2002, the Town Board authorized the advertisement for bids for landscaping installation and the Town Purchasing Agent duly advertised a Notice to Bidders and three (3) bids were received, and WHEREAS, the Purchasing Agent and Senior Planner have reviewed the bids and recommended that the Town Board award the bid to Mandy Spring Farm Nursery, Inc., the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Mandy Spring Farm Nursery, Inc. for the landscaping installation services referenced in this Resolution for an amount not to exceed $ 47, 900 as delineated in its July 16, 2002 bid, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Senior Planner, Purchasing Agent, 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 5th day of August, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Brewer RESOLUTION REFERRING APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET FOR HFD #55 D/B/A J CREW TO TOWN PLANNING BOARD RESOLUTION NO.: 326,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, HFD #55 d/b/a J. Crew has applied to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from August 26th through September 2nd, 2002 for the retail sale of clothing, shoes and accessories at 1471 State Route 9, Queensbury next to the Basketville factory outlet store, and WHEREAS, in accordance with Queensbury Town Code Chapter 160, the Town Board must refer the application to the Town's Planning Board for site plan review, and WHEREAS, following the Planning Board's recommendation, the Town Board will review the application and take any other necessary action, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Queensbury Town Clerk to forward HFD #55 d/b/a J. Crew's application for a Transient Merchant/Transient Merchant Market License as referenced above to the Queensbury Planning Board for site plan review and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be lead agency for SEQRA review of this project and directs that the Department of Community Development notify any other involved agencies of this designation. Duly adopted this 5th day of August, 2002, by the following vote: AYES Mr. Stec, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Brewer 7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 8.0 TOWN BOARD DISCUSSIONS (Councilman Brewer re-entered meeting) 8.1 Lake George Watershed Conference Annual Update SUPERVISOR BROWER-Introduced Mr. David Decker Director of the Lake George Watershed Conference MR. DAVID J. DECKER-(Handout on file) Will be make a similar presentation to all of the towns that make up the Watershed conference... Noted the Conference does meet at the Queensbury Activity Center, thanked the Board for its use...Reviewed the history of the Conference...LGWC began in 1999 with the award of $90,000. the focus was to update the 1987 water quality management plan...LGWC membership includes nine local governments, three counties, five state agencies and several non-for profit institutions...it is not to be another level of government, no budget, no employees, not to have staff, it was the ability to come together and work together in advancing the water quality and natural resource priorities identified in the plan...noted the Conference is chaired by the Secretary of State in that office, the Division of Costal Resources, the business of the conference is conducted by several subcommittees that are chaired by members of the conference...Committees such as Project Review Committee, Chaired y the Supervisor Belden of Hague and Public Participation in Education Committee, Chaired by Mayor Blais of the Village of Lake George..noted they have TV Show on Channel 8 on Thursday and Sunday, Eye on Lake George focus on water quality and natural resource management a round table discussion venue...also have web site... Standing Committee is the State of the Lake Committee that group consists of scientists and engineers they examine and review data that has been collected around the lake, they will come up with a report card of the state of the Lake, also have a contract with SUNY ESF they are doing a digital map of the soils maps of the water shed basin, and working on a GIS data base with satellite imagining that will be available to all the towns, will have twenty years of data. Noted grants that have been obtained, the first by the Town of Lake George, second by Bolton and now one by the Town of Queensbury in the amount of $315,000. Noted the Warren County Soil and Conservation District leased hydro-seeder/mulcher the conference is going to assist them in buying out the lease purchase to be used in the town projects... Soon to conduct First Annual Forum on Lake George Watershed, Water Quality Management Initiatives October 1 &2 would like to have the Town Boards, Planning Board, Zoning Boards attend, it will be at Fort William Henry Conference Center. Continuing Education Credits available for those staff members that attend. Future Plans and projects including annual review of storm water control projects, stream corridor management projects such as Delta Removal project... Conference is seeking continued support from municipalities in form of dollars, requesting $7,000 per year. COUNCILMAN BOOR-Re: Glen Lake Dredging They are interested in grant money questioned if The Lake George Watershed Conference would share information regarding grants monies with the Glen Lake group? MR. DECKER-Noted that they do share information. Part of my charter is to go out and speak to and coordinate with and foster the same kind of activities in other watersheds. Noted he would contact Dave Wick regarding the Glen Lake dredging. COUNCILMAN BOOR-Where are the delta removal projects? MR. DECKER-Noted there are seven deltas that are candidates for removal. DIRECTOR ROUND-Noted they were mostly on the west side of the lake, Bolton, Hague, the most southern one is above Lake George Village. MR. DECKER-Noted the Watershed Conference holds its meetings at the Queensbury Center on the second Wednesday of every month at 10:00 am. 8.2 TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-Noted he would try an attend a meeting of the Glen Lake Association on dredging... COUNCILMAN TURNER-re: Closing of Carlton Dr. and Greenway North to large trucks... TOWN COUNSEL HAFNER-Will have a resolution in front of the board for the next meeting, there are a couple of ways the Town could limit truck traffic so there will still be access to where the trucks are gomg... COUNCILMAN BREWER-Requested that a public hearing be held on the proposal. SUPERVISOR BROWER-Noted he had received a call from a lady in that area stating that big trucks are coming through the neighborhood, there are a lot of kids around and someone is going to get killed, requested that Councilman Turner contact the Hess store manager to see if there could be a resolution to the situation. COUNCILMAN TURNER-Noted he had not talked to the Hess manager as of yet he would contact him this week. Requested that the Town Counsel make up the resolution and put it on hold... TOWN COUNSEL HAFNER-Noted there are two statutory methods that the town is authorized to do, one is pure size and one deals with the Town's right to develop truck traffic routes inside the town, you cannot prohibit access to a place, they can have local deliveries, we are talking about places that have access on a State Road where they just improved. Will have a resolution at the next regular meeting to set a public hearing on truck access... COUNCILMAN STEC-RE: Curbs in Broadacres need to discuss at budget time some funding for sidewalk repair in that area. RE: Joint Assessor what is happening? SUPERVISOR BROWER-We will have to call the Mayor tomorrow on that. COUNCILMAN BOOR-Noted we pulled the resolution on the Assessor I have no problem in going forward with it because we could always not act on it, requested that the Supervisor contacts the Mayor mention that. COUNCILMAN BREWER-RE: Next Workshop SUPERVISOR BROWER-Mr. Schermerhorn will be present to speak on his map, plan and report... Comptroller Hess will have some financial analysis about the proposal and Ralph VanDusen and Mike Shaw will be present. COUNCILMAN BREWER-Requested that either next week or the week after we sit down and pick a handful of things that are on our CIP list and do them. SUPERVISOR BROWER-I sent a memo to Department Managers which indicated that moving the CIP items that are high priority for them is their responsibility, there first action would be to bring it to Mr. Hess for evaluation of how it will be funded...then Henry would move it to the Board. COUNCILMAN BREWER-Requested that another line saying if you want to get this stuff done lets get it done. COUNCILMAN BOOR-I would say that the five of us should take a good hard look at this and if they do not want to move it forward we will move it for them on their budget. DIRECTOR ROUND-Capital projects take a significant amount of time in engineering and development ... COUNCILMAN BREWER-Fire Company budgets are they to be started soon? SUPERVISOR BROWER-I told the Fire Companies they have to submit their budgets to Mr. Hess first for his evaluation and then they come to us. COUNCILMAN BREWER-The contracts are coming up this year I do not want to have to do the contracts and our budgets at the same time. COMPTROLLER HESS-Noted he did send a reminder to them, we need budgets and financial reports before we release their final payment. SUPERVISOR BROWER-Wanted to stress confidentiality of Executive Session discussions... 8.0 ATTORNEY MATTERS NONE DIRECTOR ROUND-RE: Fire Marshal's Uniform. Noted it is a fire company dress uniform, over the past year we evaluated whether that is the uniform we want to present to the public it is often a point of confusion from business owners that this is the representative of the fire company in their business... we have provided a suggested change in the uniform there would be no change in cost, we are proposing something much less formal than a white shirt and badge and hat, oxford cloth type of short sleeve and dress blue pants and still carry a badge and ID...the shirt would have a Town of Queensbury logo. COUNCILMAN BREWER-Propose that the Town have ID badges. SUPERVISOR BROWER-Noted he liked the look of the uniforms, it looks official, the look sharp. DIRECTOR ROUND-This is coming from the Fire Marshal's in dealing with the fire companies one of the concerns of the fire company is who is who on a fire scene, we said we would look at that and the Fire Marshal's came forward with a proposal. SUPERVISOR BROWER-Maybe go to a Queensbury hat instead of the fire hat, and keep everything else the same. Would like to see classier dress from our Building Codes people, see them in dockers or something of that nature, that would be an improvement over blue jeans. RESOLUTION ADJOURNING MEETING RESOLUTION NO. 321.2002 INTRODUCED BY: Mr. Roger Boor 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 of the Queensbury Town Board. Duly adopted this 5th day of August, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury