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2003-03-24 REGULAR TOWN BOARD MEETING MARCH 24, 2003 MTG. #15 RES. 173-183 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN BOARD MEMBER ABSENT COUNCILMAN ROGER BOOR TOWN OFFICIALS SENIOR PLANNER MARILYN REBA WATER/WASTEWATER SUPT. RALPH VANDUSEN COMPTROLLER HENRY HESS PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BROWER 1.0 PUBLIC HEARINGS 1.1 Public Hearing regarding a revocable permit to locate a mobile home outside of a mobile home court for Alice Castle L.E.IDoreen Green Notice Shown Supervisor Brower-The first item on the agenda is a public hearing regarding a potential revocable permit to locate a mobile home outside of a mobile home court for Alice Castle Life EstateIDoreen Green is the applicant here? Ms. Doreen Green-Doreen Green here. Supervisor Brower-Good evening. If you would simply state your name and address for the record please. Ms. Doreen Green-Doreen Green, thirty nine Warren Street, Hudson Falls, N.Y. Supervisor Brower-Miss Green it appears that you want to replace an existing structure on the property. Ms. Doreen Green-Yes, a single-wide mobile home with a 2003 double wide. Councilman Brewer-Do you have any pictures of the existing home? Ms. Doreen Green-I do. It is very black but, (showed pictures to the Town Board) Councilman Brewer-Is that across from Curtis? Ms. Doreen Green-Yes. Councilman Brewer-I know exactly where it is. You are going to put it this way instead of that way? Ms. Doreen Green-Yes. Supervisor Brower-It is right across from Curtis Lumber, right. How long has the existing mobile home been there, any idea? Councilman Brewer-Many years. Supervisor Brower-This is replacing an existing mobile home that has been there for many years and it is really an upgrade to the property. Do you have anything else you would like to add at this time before we open the public hearing? Ms. Doreen Green-I just want you to know that I am going to be putting in a new septic system, new electricity so everything is going to be new, except for the existing garage, which I am going to update. Supervisor Brower-Any questions from the Town Board Members? Hearing none I will ask you to have a seat and we will ask for any public comment and then we may ask you back up to the podium. Thank you. At this time I would like to open the public hearing to interested parties that would like to comment on the application before us this evening, either pro or con. Mr. Pliney Tucker-Pliney Tucker, 41 Division Road Where is this mobile home going to be located? Councilman Brewer-Right directly across from the entrance of Curtis. You know the trailer that sits there vertical? Mr. Tucker-The one that's been there for years that has not been occupied, they are going to take that out and put.. Councilman Brewer-And put a brand new one in there. Supervisor Brower-Any further comments from the public that is present? Councilman Brewer-I just have one more question Dennis before we, or close it and I will her when she comes back up. Supervisor Brower-Ok. If there is no further comment I will close the public hearing and ask Ms. Green to come forward again. Councilman Brewer-The one question that I have I do not know if you have looked at it the set backs and how much property is there? Is there enough property to put the trailer like this so that you are not too close to the side or the back or the front? Ms. Green-Yes. There is at least fifty feet on each side and fifty feet from the center of the road. Councilman Stec- That is plenty. Councilman Brewer-That was my only concern. Supervisor Brower-Ok. Thank you very much. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR ALICE CASTLE L.E.!DOREEN GREEN RESOLUTION NO.: 173,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code ~ 113-12, and WHEREAS, Alice Castle L.E.!Doreen Green filed an application for a revocable "Mobile Home Outside a Mobile Home Court" permit to replace the existing single-wide mobile home with a new 2003 doublewide mobile home on a concrete slab at property located at 469 Big Bay Road, Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on March 24th, 2003, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Alice Castle L.E.!Doreen Green in accordance with the terms and provisions of Queensbury Town Code ~113-12. Duly adopted this 24th day of March, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Boor 1.2 Public Hearing Community Development Block Grant NOTICE SHOWN Senior Planner Marilyn Reba-This is the second of two public hearings required for the Community Development Block Grant Application. Bob Murray from Shelter Planning and Development is here as well as if you have any questions. Essentially we talked last time about the money available through the State, this time we wanted to discuss a little bit more what we are looking at doing. We would be applying for another four hundred thousand dollars to do housing improvements and an area contiguous to our existing target area and it would encompass part of Luzerne Road, part of Richardson Street and Newcomb Street. We would do about fourteen, we are expecting to do fourteen properties, single family home owners there. One of the things that we heard from the State Governors office for small cities is to try to come up with something that would be unique, so that we would stand a chance, a better chance with our competition. This is a competitive grant unlike Glens Falls who is an entitlement community they auomatically get the money every year. We as a municipality have to compete against all of the other municipalities in the State. So, what we are thinking of doing is taking a couple of properties that would otherwise be demolished and using them putting them in the target area working with Habitat for Humanity in doing that. We have had some discussions with Habitat for Humanity. Tomorrow morning, we are, staff and Shelter Planning Development we are meeting to go over more thoroughly the prices, for example of moving these houses, it is our understanding is, the houses would still be able to be rehabbed there are still very sound rather than demolishing them for placing in a new road in the area. So, that's what we are thinking of doing as far as I know it is coming along ok, one of the things I do need to discuss is a little bit more about the eligible activities and objectives. At least fifty one percent of the beneficiaries have to be in households that are below eighty percent of the medium income fr the area. We do have new medium income figures and I can give you that. For example for a family of four could have an income up to thirty nine thousand one hundred dollars and be eligible for this program. So, that gives you an idea of some of the income levels, one of the income levels actually that would be eligible for participation. We do have surveys that are out and I would encourage anybody who has gotten a survey if they have questions give me a call and to return the survey because that is a big part of the application to show that there is the need out in that particular area. So far we have gotten back I believe thirteen surveys so, we are well on our way to meeting the number we think we can utilize. That is all I have I do not know if anybody else has questions? Supervisor Brower-I assume the target maximum amount per unit would be twenty thousand dollars? Senior Planner Marilyn Reba-I believe it would be about that, it might be a little bit higher of the lead base paint requirements we have seen that have brought the costs up anywhere between fifteen hundred and three thousand dollars and not all properties have the need for that lead based paint rehabilitation but the costs are up there for that. We do have a resolution in place to forward this grant application; I would ask that you hold on to that until your April 7th Town Board Meeting just because we want to be able to get all of the costs clarified and whether or not we are truly going to be moving buildings, those two buildings that we talked about. Although we do have a letter from Habitat for Humanity stating that they would work with us. Thank you. Supervisor Brower-At this time I would like to open the public hearing to any members of the public that would care to comment one way or the other on the program, the proposed application? Seeing none, I guess I would simply state that this program has been terrific for some people in the community that are low income and they do not have to participate as far as the cost of the improvement of their housing. If they are in the targeted area and they qualify income wise and are interested in having improvements made to their homes whether it be a new roof, new windows, new doors in some cases siding, then this work can be done up to a target amount of twenty thousand dollars at no cost to the homeowners. As a matter of fact it is such an interesting program a lot of people initially were fearful of it because they thought there must be a catch. What is the deal, the only real catch is if they were to sell their property within a few years of the improvement they would have to repay the cost, a percentage f the cost of the improvement after the sale of the house. But, that is the only catch and there is a time period on that of just a few years. I think it is a tremendous program and I want to thank Bob Murray from Shelter Planning and Development for assisting the Town in this effort and that is all I have to say. Mr. Doug Irish-Doug Irish, 8 Buena Vista Are these owner occupied, these are not, none of them are rental units? Supervisor Brower-I believe that these are all owner occupied to date. I am not sure if that is a requirement of the program of that though. Mr. Doug Irish-I would hate, I think it is a great program but I would hate to see the taxpayers footing the bill to upgrade rental property for a landowner. Councilman Brewer-What it is Doug, is a fifty, fifty match. Mr. Doug Irish-I know but it is still fifty percent of my tax dollars. Councilman Brewer-It still provides better housing for people that cannot afford to own their own home. Supervisor Brower-I do not believe that we have had applications to date. Councilman Brewer-We do have one I think. Supervisor Brower-We do have one? Councilman Brewer-That wants to participate. Councilman Stec-But not currently but one coming up. Supervisor Brower-Since I have not closed the public hearing yet I will give anyone else one more chance to comment if you have any comments. Seeing none I will close the public hearing at this time and ask the Board if they have any further action or comments. The resolution will be held until April 7th and I assume we will have a resolution in our packet for that date. Thank you. 2.0 CORRESPONDENCE NONE 3.0 INTRODUCTION OF RESOLUTION FROM THE FLOOR NONE Supervisor Brower-Asked Marilyn Reba and Barb Sweet if they would like to come forward to talk briefly about the Open Space Plan. The Open Space Plan Committee had planned two public hearings one of which was conducted today at 4:00 P.M., the next one will be conducted at a normal 7:00 P.M. Board Meeting if I am not mistaken. It was quite well attended today, I did not get a head count. Barb and Marilyn would you just introduce yourselves for the record. Ms. Barbara Sweet-I am Barbara Sweet I am Chairperson of the Open Space Planning Committee. As Dennis mentioned we did have a public hearing this afternoon we had approximately thirty three people in attendance at least half of those people in attendance made comment. We will send to you the minutes of that meeting as soon as they are available we recorded the session. I felt it was a very positive meeting, a lot of good thoughtful questions, people paying attention to the map and the possibilities for recreational and different other questions that came about. As I have said before to you I think the best thing about the Open Space Planning work that is being done on behalf of this committee and on behalf of this Town Board is the good public outreach that has been done, and the good input that we are receiving from the public who are interested in these issues. I can speak for the Committee and say that we at this point are very pleased at this time with, where we are with this process. I have the leter here for you giving you that, a draft as formally being accepted by the Board. Supervisor Brower-We have a resolution, resolution 5.7 in your packet which basically accepts the Open Space Vision for the Town of Queensbury from the Open Space Plan Committee. Senior Planner Marilyn Reba-I would just like to add, Marilyn Reba, Town of Queensbury Senior Planner, for the record. The process, we have received a lot of public input and I think one of the reasons, we have tried to address all of the people in the Town of Queensbury we have had hundreds of people participate and part of that is because we have had meetings at times other than seven pm and we have assured people that there is still another public hearing coming up as well. We would like to recommend that it be a joint public hearing with the Open Space Plan Committee, the Planning Board and the Town Board, in your packet that there is an environmental assessment form which is something that you would need to have as well as the draft plan and certainly all of the public comment we will be forwarding to you. What we like to call a responsiveness report I think we did the same kind of thing with the Zoning Ordinance, we will be preparing that. Supervisor Brower-Thank you. Any questions from Town Board Members at this time...None 4.0 OPEN FORUM FOR GENERAL AND RESOLUTIONS Mr. Pliney Tucker-Noted at the last meeting there were two resolutions regarding funding for the South Queensbury Sewer District and Route 9 Sewer District. What is the guarantee that this money is going to be returned to the General Fund if you do not get the grants you are after? Comptroller Henry Hess-The Sewer District is obligated for the expenses and there is I would say the likelihood of the General Fund getting the money back is the same likelihood that the sewer district would make good on its obligations to pay back the bank or any other debtor. Town Counsel Hafner-We have already passed Bond Resolutions authorizing these funds. Those bond resolutions are out there, the whole purpose was that Henry wanted to have the flexibility to use the towns general funds before we actually issued the bonds, because if we can go under EFC he has got some very favorable interest rates for the Town. Mr. Tucker-It is guaranteed by the districts themselves. The piece of property at the watershed.. Town Counsel Hafner-We have received recently a letter from I think it is FERC itself talking about a particular approval process that they are moving forward with that, talked about two items that we're not dealing directly with the dam. They set it to the Town and we got it as a matter of notice I have asked that be followed up and confirm that one of those two things that the FERC notice was referred to is the property that you keep coming and talking about. I have not been able to confirm that but I will keep trying to get behind this notice. This is the first time in all the years that you have been asking about it that we actually got something from FERC that implied that they were moving forward with some sort of approval. Mr. Tucker-I will keep asking until you get an answer. Councilman Brewer-Tomorrow Bob said he would call me and tell me what was in the letter so that at least we know it is in reference to that piece of property or not and I will let you know. Mr. Tucker-Res. 5.6 Service Contract with W.G.F. I was at the workshop and you were going to talk to all the fire companies about the wording that West Glens Falls wanted removed from the contracts did that happen? Supervisor Brower-No, we were not going to talk to all the fire companies about the wording. West Glens Falls is the only company that failed to sign their contract and they asked for specific changes in the wording. The Board was not in unanimous agreement on that and as a result we prepared a resolution to enable a modification of wording for their agreement only not for the other four fire companies. Mr. Tucker-Questioned if it was a good idea not having the same contract with all four fire companies? Supervisor Brower-I do not think it is a good idea, I do not think it is consistent with good policy but as you recall the wording was so minimal the intent really was not changed that much but by the same token the other four companies did sign the agreement they did read the wording all five companies returned the vouchers and accepted checks from the Town including West Glens Falls Fire Company, but then refused to sign the agreement. That is the situation we were left with. Mr. Tucker-So you are going to adjust the agreement so they will sign it? Supervisor Brower-The proposal is to adjust wording in the agreement, yes. I have it right here. Councilman Stec-I will read it, So, it used to read the Town Board and the Fire Company hereby acknowledges the joint intention, now it reads The Town Board hereby acknowledges its intention to open the contract prior to the expiration for possible negotiations regarding application of underutilized operating budgets and the employment of an independent accountant as bookkeeper for all companies. Mr. Tucker-I still do not think it is a good idea, its an election year you ought to start thinking about a fire commissioners, somebody independent of the politics that can take care of these things. Mr. Doug Irish-Is the fire company obligated to come and sit down with the Town if it is only the towns acknowledgement that they are going to open the contract? Does the fire company have any, do they need to show up? Can the Town open a contract once it is signed? Town Counsel Hafner-The Town once this contract is signed will be bound by the terms of the contract. The fire company will also be bound in having to provide those services. The contract has a provision that says the town will reopen negotiations, the language before did not require any agreement upon changes and no changes could be made without both parties agreeing. Mr. Irish-So, even though there is no reference to the fire companies in there the Town still has it in their authority to open the contract, because they are signing the contract with this language in it? Town Counsel Hafner-I personally do not think that this provision before or now changes much in effectiveness it is more of a intention that this is something that the Town Board is going to be looking into and asking the fire company to maybe agree to in the future but there is no, teeth to the change. Mr. Irish-In either way that it was written. Councilman Stec-Not a material change from how it was before and in neither case do either one of that have a whole lot of teeth. Comptroller Hess-How much teeth is in either of the language either the four or the single one is less of an issue than the expression of cooperation between the town and the fire company. The original language in there expressed that the two were going to cooperate if these issues came up, language that is being negotiated in the new contract expresses that there is not a cooperation on those two issues between the two parties is the way I see it. Mr. Irish-Noted he agreed with Pliney, with the budget not just in any single company but overall, fire and EMS I think it is time that the Town considers and maybe go to the public to get some input, the need for fire commissioners to oversee. It is a single taxing district it is not several different districts for each fire and EMS and probably go back to the safety committee that reviewed the purchases for equipment rather than everybody competing as to who has the best equipment which is the way it looks like it goes onto the taxpayers. Let the fire companies decide who needs what in the town, they get together they used to do it and they had a pretty good system set up so maybe that is something to consider as we move forward. The two or three million that we spend in fire and EMS, two million, it is not a small chuck of change it is not huge but it is not small, it would probably benefit the public to have a group of fire commissioners to deal with the fire departments as a whole and then with the own Board. Mr. John Wells-Pinewood Road - President ofW.G.F. Fire Company I was not going to speak tonight I was happy with the agreement that we met with the Town Board based on the workshop last week, however some statements have been made that I feel that I have to address. The first one from the Comptroller, that he feels that there is not a spirit of cooperation between the fire company and the Town Board and there is nothing further from the truth on that. By us standing up for our position and what we feel is right for our company does not necessarily mean that we are not supporting the wishes or desires of the Town Board. The spirit of cooperation should have began three or four months ago when this thing was talked about loosely and then adopted as language after negotiations session had ended with the Town contract. Had that been done prior to it we would not be sitting here now. As far as fire commissioners you are only going to add to the political process. Fire commissioners are elected, four or fiv positions of elected people adding to the process of the contract which is already addressed by the Town Board has been handled fine. I think when you find, when you research that if you go to commissioners the entitlement is the tax base of the fire company increases to what you currently pay now. Supervisor Brower-Can I ask you a question? I think you mentioned it at our workshop last week but I am not positive, did you say that prior to Steve Borgos administration there was a Board of, an Advisory Board? President WGF Fire Dept.:Mr. Wells-That was not me...there was talk, there was a committee within the fire companies where the needs of the company were brought to the committee of the fire companies to be approved or disapproved to go forward to the Town. Supervisor Brower-So it was like a committee of the five fire companies. Councilman Stec-I think fire commissioners or no fire commissioners that I think there is value in the committee like that where you first police yourselves so that maybe there is less of a perception of keeping up with the Joneses and I like the idea... President WGF Fire Dept. :Mr. Wells-It goes beyond the purchase of equipment it is suspending of individual items within the company. Councilman Stec- I think you could have a committee of representatives of maybe the five presidents or whatever that in the future where major purchases or the budgets get looked at so that you five fire departments are comparing apples to apples first. Maybe in the next contract negotiation a single negotiating unit instead of meeting individually, five separate fire companies forgetting who you talked to and what order and when and did you go back and cover the ground that you covered with the third one with the first two and that kind of thing. Perhaps if we either did the major purchases via a recommendation from a committee similar to what we do with the fleet management or with rezoning recommendations or whatever we routinely as a Board take these recommendations from other entities. I think there is value in that and maybe take a step further and have a single negotiating unit so that we maintain the consistent language. I agree with Dennis and you heard me last week, I think there is a value in havin, as Pliney pointed out, having all these contracts read the same, for a lot of reasons none of which are going to impact safety, none of which are significantly impact the tax rate. I think there is philosophically there is value in all of them being the same. As I said last week, neither one of these animals the old or new language had a whole lot of teeth to begin with. Even though it read like there is a little less cooperation we were in the room last week and I know that the cooperation is still there. I know that if we said we wanted to talk about this that W.G.F. is going to come to the table that is good enough for me. I do not think that we are giving up a lot by making this very minor modification to the language. I do see the other side and I do think that those are good point too. President WGF Fire Dept. :Mr. Wells-May I address two statements that you made, the first being that the language of the contract isn't as much as our cooperation it's the aspect that we weren't able to negotiate it. So, to include our name with the joint intention that we agreed to it is false because we didn't because it was not negotiated. The second, short of going to a town wide fire company and doing away with five separate charters by the State of New York you are not going to be able to accomplish a one contract situation, because there are five separate companies charted separately by the State covering five distinct different portions of the town whose needs are different. Councilman Stec-I think we would still have five contracts it is just that I think there is value of all five of you being in the room as we negotiate all five of these contracts. So, that you know what we promised to Central and Central knows what we promised to North and North knows what we promised to South, I think there is value in that. Mr. Wells-Make the language the same I think is premature right now because they are distinct areas of the town that are different for each coverage. Councilman Stec- Y ou are not going to have one size fits all. We have proven tonight we are willing to have a slightly different language. Mr. Tucker-41 Division Road Noted he was at a workshop when he met with the W.G.F. Emergency Squad and this subject came up then, regarding bedroom space in their new building, a statement was made some of the people on night duty bring their entire family to sleep over. My question is if they are all members of the Squad they are covered by our liability insurance if they are not what is our obligation. Town Counsel Hafner-While we have contracts with the different Squads they are independent corporate entities they are responsible for their own liability. They are not part of the town, it is there problem their own msurance. Supervisor Brower-Asked for further input, hearing none the Open forum was closed. 5.0 RESOLUTIONS RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4305 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 174,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and WHEREAS, a single family property, Case File # 4305, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, by Resolution No.: 76,2003, the Queensbury Town Board approved a rehabilitation grant in the amount offourteen thousand nine hundred ninety dollars ($14,990) for Case File #4305, and WHEREAS, by Resolution No.: 153,2003, the Queensbury Town Board approved a revised cost to complete the work specified to fifteen thousand two hundred ninety dollars ($15,290) for Case File #4305, and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is sixteen thousand two hundred sixty dollars ($16,260) and is still the lowest acceptable cost, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Town Board approves a grant for Case File #4305, Queensbury, New York, in the amount not to exceed sixteen thousand two hundred sixty dollars ($16,260) and authorizes and directs the Town Supervisor and/or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT Mr. Boor RESOLUTION SETTING PUBLIC HEARING ON PROPOSED WATER RATE INCREASE FOR SHORE COLONY WATER DISTRICT RESOLUTION NO. 175, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury previously established and later amended water rates for the Shore Colony Water District, and WHEREAS, as a result of increased costs associated with filtration and the seven (7) day a week site inspection mandated by the New York State Department of Health, the Town Board wishes to consider raising the Shore Colony Water District water rates from the flat rate of $120 annually to the flat rate of $175 annually, to be billed during the May 1st, 2003 billing, and WHEREAS, the Town Board wishes to set a public hearing concerning the proposed new water rates, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on April 7th, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed water rate increase for the Shore Colony Water District, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town not less than five (5) days prior to the hearing date. Duly adopted this 24th day of March, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Boor RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON & LOGUIDICE, P.c., CONSULTING ENGINEERS FOR THE DESIGN OF TOWN OF QUEENSBURY WATER TRANSMISSION ENHANCEMENTS RESOLUTION NO.: 176,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Water Superintendent requested and reviewed proposals from professional engineering firms for the provision of engineering services related to the design of transmission enhancements to the Town of Queensbury's water system, and WHEREAS, the Water Superintendent met with select consultants and has recommended that the Town Board engage the services of Barton & Loguidice, P.c. to provide the specified engineering services, and WHEREAS, Barton & Loguidice, P.c. has offered to provide the specified engineering services for an amount not to exceed $211,710 as delineated in a copy of the March 13th, 2003 proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.c. for the provision of engineering services related to the design of transmission enhancements to the Town of Queensbury's water system, in accordance with its March 13th, 2003 proposal presented at this meeting for an amount not to exceed $211,710 (Total Fee - Basic Project Plus Options 1 & 2), as follows: T ASK HOURLY RATE ESTIMATED HOURS FEE Phase 1 - Base Project Scope Design and Bidding Services --- --- $ 87,800 Phase 1 - Base Project Scope Soil Borings $200 52 $ 10,400 Phase 2 - Base Project Scope Const. Administration Services --- --- $ 18,200 Phase 2 - Base Project Scope Const. Observation Services $60 1,040 $ 62,400 ---------- Total Base Fee $178,800 Phase 1 - Option # 1 Project Scope Design and Bidding Services --- --- $ 2,400 Phase 1 - Option #1 Project Scope Soil Borings $200 2 $ 400 Phase 2 - Option # 1 Project Scope Const. Administration Services --- --- $ 500 Phase 2 - Option # 1 Project Scope Const. Observation Services $60 80 $ 4,800 Total Option #1 Fee $ 8,100 Phase 1 - Option #2 Project Scope Design and Bidding Services --- --- $ 6,250 Phase 1 - Option #2 Project Scope Soil Borings $200 8 $ 1,600 Phase 2 - Option #2 Project Scope Const. Administration Services --- --- $ 1,600 Phase 2 - Option #2 Project Scope Const. Observation Services $60 256 $ 15,360 ------------ Total Option #2 Fee $ 24,810 Total Fee (Basic Project Plus Options 1&2) $ 211,710 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Water Superintendent to modify the terms of the agreement with Barton & Loguidice authorized by this Resolution, should the need for additional engineering services arise during the design process relating to the possible procurement of easements or provision of additional environmental review to complete the project, for a total amount not to exceed an additional $20,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that payment for the engineering services should be made from 2003 appropriations for this purpose, after services have been completed and a voucher has been approved, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent, Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Boor Discussion held before vote: Supervisor Brower-It is Barton And Loguidice P.C. they are an engineering firm, the contract amount would be Two Hundred and Eleven Thousand Seven hundred and Ten Dollars. This engineering firm was the low bid, the next highest bid we received was Two hundred and sixty two thousand dollars so it is fifty thousand two hundred and ninety dollars less. Ralph VanDusen our Water Superintendent interviewed Barton and Loguidice on a variety of questions he had, he wanted to make sure everyone was bidding apples to apples and they were. This is going to enhance water transmission within the Town of Queensbury it will link water distribution between Big Boom Road and Big Bay Road which will enable us to provide the Town of Moreau with the additional million gallons that they have on the shelf at the current time. It will also enable us to keep our system in tack. We have one main east west corridor down Quaker Road water transmission and Ralph actually brought a map that hopefully he ill show. If that transmission line was broken for any length of time and the water storage tanks that are in Hudson Falls or other parts of Queensbury were to empty we would not have more water but with Ralph's plan we would be able to feed it from another loop in the system. It makes the water distribution system more reliable. Water Superintendent Ralph VanDusen-(using maps) The water treatment plant is down in this corner of the Town and the Northway runs approximately right here on the map, in 1998 the Town hired the firm of C.T.Male to do a hydraulic study of our water distribution system, to give us some guidelines for a five to ten year plan for upgrading the transmission and distribution system. A couple of their recommendations were that the area east of the Northway is relatively strong north to south and relatively weak east to west. We take advantage of the mountains along the western edge of the town have storage tanks there and water will flow by gravity from west to east. Right now all ater must pass down through Quaker Road to get to this eastern section of the town. Their recommendation was that a transmission line be added that would enable us to go from upper Route 9 across past the Town Office Building and tie into the water line right out here at the intersection of Bay and Haviland and also pick it up over in this area near Rockwell Road, continue along Haviland to Ridge, south on Ridge and then across Hicks Avenue and tie into a 12 inch existing line on Dix Avenue. That would give us a second west to east feed, giving us some redundancy within the system. In addition to that what Dennis has already talked about down here on Big Bay and Big Boom Road are both dead end roads. We have a problem right now that on a normal day the water flow, the capability is certainly more than adequate in the event of a major fire it would be very nice to be able to loop those two together. It would probably triple the water flow capability in the event of a fire. We currently have a very long dad end down in this area. The water sits in that pipe for a very long period of time on the Big Boom side is the main feed to the Town of Moreau, water sits there a very short time. By looping it together will make the water quality on the Big Bay Road side much, much better, so we are looking at tying those together in that area. Both the connection across here and the one down there were recommendations of C. T. Male, included in this proposal we have asked the engineers to take a look at in addition to just tying these together up here of possibly linking them on Country Club Road tying it together to be able to tie this portion of the system into this connection here and doing the same thing on Ridge Road. Going from the intersection of Hicks back down to where the water line currently ends on Cronin Road. We think it has definite hydraulic advantages and we want the engineers to take a look at doing that. The proposal that we have selected from Barton and Loguidice will include taking a look at thos and if we feel that its appropriate we will include that design as part of the bid package. This is a project that Barton and Loguidice will prepare a map and plan and specifications to go out to bid and our goal is that by late summer we are ready to go out to bid for this project. Mr. Tucker-The loop down on Big Bay to Big Boom isn't that part of the water deal that we have with Moreau? Water Superintendent Ralph VanDusen-The Town of Moreau has currently purchased a million gallons of capacity. We can supply that right now with just a separate line from Big Boom Road. They have the option to purchase a second million gallons we cannot supply that without tying those two together so in the long range if we are going to sell them more than a million then we would have to do that, yes. Mr. Tucker-Noted he thought they were to finance part of that. Water Superintendent Ralph VanDusen-If they use more than one and a half million gallons a day then they have to kick in financing. We have said that by tying these together we can supply up to a million and a half gallons a day, if they want more than that then they are obligated to find a pipe to be able to do it or pay for it. RESOLUTION AUTHORIZING FUNDING FOR CITY OF GLENS FALLS - TOWN OF QUEENSBURY JOINT MEMORIAL DAY PARADE RESOLUTION NO.: 177,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to authorize funding for the City of Glens Falls - Town of Queensbury joint Memorial Day Parade to be held on Monday, May 26th, 2003, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes funding in an amount not to exceed $3,000 for the City of Glens Falls - Town of Queensbury joint Memorial Day Parade to be paid for from the Celebrations Account No.: 001-7550-4433, and BE IT FURTHER, RESOLVED, that funds shall be payable to the City of Glens Falls as reimbursement for Parade- related expenses upon the Town's receipt and approval of a voucher from the City together with copies of vendor invoices, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller's Office to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2003 by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Boor Discussion held before vote: Supervisor Brower-Is this a sharing or a straight payment? Councilman Brewer-No, Last year the reason why I asked Henry for the $3,000 was what was put in the budget last year and I think we did the same this year. In reality I think we spent $2200. was our share of the expenses of the parade. Supervisor Brower- The parade is scheduled for Monday, May 26th at 10:00 A.M. RESOLUTION AUTHORIZING NIAGARA MOHAWK, A NATIONAL GRID COMPANY, TO PROVIDE PRELIMINARY ANALYSIS OF TECHNICAL REQUIREMENTS AND ASSOCIATED COST ESTIMATE OF UNDERGROUNDING OF UTILITIES IN CONNECTION WITH MAIN STREET INFRASTRUCTURE AND REDEVELOPMENT PLAN RESOLUTION NO.: 178,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously established the Main Street Gateway Plaza Improvements Capital Project and as part of such Project, the Town wishes to place all of the Project's utilities underground, and WHEREAS, Niagara Mohawk, A National Grid Company, has offered to provide a preliminary analysis of the technical requirements and associated cost estimate of under grounding the electric facilities for an amount not to exceed $14,735 as delineated in its March 10th, 2003 proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Niagara Mohawk, A National Grid Company, for the provision of a preliminary analysis of the technical requirements and associated cost estimate of under grounding electric facilities in connection with the Main Street Gateway Plaza Improvements Capital Project as delineated in its March 10th, 2003 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an appropriation of $14,735 for these services and directs that payment shall be from the Exit 18 Corridor Enhancement Capital Project, Capital Construction Account No.: 126-5020-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to execute any documentation and take such other and further action necessary to effectuate all terms of this Resolution. Duly adopted this 24th day of March, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Boor RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT FOR 2003-2004 WITH WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 179,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 68, 2003, the Queensbury Town Board, on behalf of the Fire Protection District, approved fire protection service Agreements substantially in the form presented at that meeting, with its five (5) Fire Companies, including the West Glens Falls Volunteer Fire Co., Inc., (Fire Company), and WHEREAS, the Fire Company has agreed to enter into such Agreement provided that certain language is slightly modified in the second paragraph of item no. 4 of the Agreement as follows: "The Town Board and Fire Company hereby acknowledges its the joint intention to open the contract prior to the expiration for possible negotiations regarding application of underutilized operating budgets and the employment of an independent accountant as bookkeeper for all Companies. " and WHEREAS, a copy of the Agreement with such language change has been presented at this meeting and the Town Board wishes to approve such Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the fire protection service Agreement with the West Glens Falls Volunteer Fire Company, Inc., substantially in the form presented at this meeting and as set forth in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer NOES Mr. Brower ABSENT: Mr. Boor Discussion held before vote: Supervisor Brower-Again the only thing I will say is I think it is a bad precedent to enable a different contract for one company than the other four companies, I think all five companies should have identical contract language, but I was in the minority certainly at our workshop session last week. RESOLUTION ACCEPTING DRAFT "OPEN SPACE VISION FOR THE TOWN OF QUEENSBURY" FROM THE OPEN SPACE PLAN COMMITTEE AND AUTHORIZING REFERRAL TO ADIRONDACK PARK AGENCY, TOWN PLANNING BOARD, WARREN COUNTY PLANNING BOARD AND CITY OF GLENS FALLS PLANNING BOARD RESOLUTION NO. 180, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 351,2001, the Queensbury Town Board authorized engagement of Behan Planning Associates, LLC to assist the Town Planning Office with the development of an Open Space Plan, and WHEREAS, the Town Board later established and appointed members to an Open Space Plan Committee (Committee) to work with the Planning Office and Behan Planning Associates to assist in developing the Open Space Plan, and WHEREAS, the Committee, working closely with Behan Planning Associates and the Planning Department Staff, prepared a draft "Open Space Vision for the Town of Queensbury" (Plan) and presented it to the public at a hearing on March 24th, 2003, and WHEREAS, the Committee has referred the draft Plan to the Town Board with the suggestion that the Town Board hold a joint Public Hearing on the Plan with the Open Space Committee and Town Planning Board, and WHEREAS the Committee and Town Planning Staff recommends that the Town Board consider adoption of the Plan as an amendment to the Town's 1998 Comprehensive Land Use Plan (CLUP), and WHEREAS an amendment to the Town's CLUP is classified as a Type I action under the State Environmental Quality Review Act (SEQRA) and a Full Environmental Assessment Form has been prepared and presented along with the Plan, and WHEREAS, in accordance with General Municipal Law ~239-m, the Town must refer the proposed Plan and obtain a recommendation from the Warren County Planning Board before adopting the Plan, and WHEREAS, the Town Board wishes to accept the draft Plan and refer the draft Plan to the Town of Queensbury Planning Board, Adirondack Park Agency, Warren County Planning Board and City of Glens Falls Planning Board for comment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the draft " Open Space Vision for the Town of Queensbury" from the Open Space Plan Committee and authorizes and directs the Community Development Director to forward copies of the draft Plan to the Queensbury Planning Board, Adirondack Park Agency, Warren County Planning Board and Glens Falls Planning Board for their review and/or recommendations, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Planning Department Staff to sign any documentation and take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Boor 6.0 Action of Resolutions Previously Introduced from the Floor None 7.0 Town Board Discussions Councilman Brewer-West Glens Falls EMS contacted me about us having a letter of intent for them to be able to purchase the property we told them two weeks. Supervisor Brower-We said the first of next month, one of the things that I think should happen even though we did a workshop session with EMS they told us about some broad concepts but they did not have anything that they gave us in writing specifically as far as the building and the cost of the property and the expenses they anticipate. I know they said the property was going to cost thirty thousand dollars plus some additional expenses related to closing costs etc. My suggestion would be that they write that up in a formal proposal provide it to Henry for his review and then take action on it at our next regular meeting. Comptroller Hess-If you need a resolution to approve the purpose or the concept you need to establish an appropriation to do that and to establish an appropriation means modifying their contract and setting another public hearing. If they submit something to me that shows what their intent is and then we can have a resolution drawn the resolution will be to set a public hearing. 8.0 Attorney Matters Town Counsel Hafner-There as a question about parks and recreations possibly buying some properties was have put into final draft contracts for Doug and his committee to review the contracts are subject to Town Board approval and based on the conversations I have had with Doug and Harry we expect at the next Town Board meeting you will have a resolution before you to consider each of those contracts for the purchase of two pieces of real property and to use the recreation funds that have built up from development over the years. Councilman Brewer-We will have notice and letters telling us what the properties are? Town Counsel Hafner-I can provide that to you. Supervisor Brower-On March 14th I met with VanDusen and Steves and Howie Fisher from Fishers marina we went and VanDusen and Steves did a GPS location for the meridian for the map where the five mile an hour buoys will go on the un named bay it is offfrom Wamer Bay. It is where Fishers Marina is. We approved the five mile and hour limit there they were going to do the GPS and map coordinates and provide a map and then we will probably have to have another resolution I believe to purchase two buoys and those are provided to the Lake George Park Commission or DEC and they set the buoys and maintain them from then on. The Town I believe would be required to purchase the buoys in the first place. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION 181.2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session regarding two personnel matters. Duly adopted this 24th day of March, 2003 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Boor RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 182.2003 INTRODUCED BY: Mr. Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. Duly adopted this 24th day of March, 2003 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Boor RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 183.2003 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 its Regular Town Board Meeting. Duly adopted this 24th day of March, 2003 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Boor Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury