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1994-02-28 TOWN BOARD MEETING FEBRUARY 28, 1994 7:00 P.M. MTG # 12 RES #94-113 BOARD MEMBERS PRESENT FRED CHAMPAGNE-SUPERVISOR BETTY MONAHAN-COUNCILMAN R GEORGE WISW ALL-COUNCILMAN NICK CAIMANO-COUNCILMAN BOARD MEMBER ABSENT CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS P AUL NAYLOR, RICK MISSIT A, JIM MARTIN PRESS: GF Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor Champagne called meeting to order ... RESOLUTION OF SORROW RESOLUTION NO. 94, 94 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, Richard W. Roberts, a longtime resident of the Town of Queensbury, who served the Town with distinction as a member of the Queensbury Planning Board for almost 19 years, and WHEREAS, Richard W. Roberts, as Chairman of the Planning Board provided invaluable guidance for the growth of the Town, and WHEREAS, Mr. Roberts was also the recipient of the Liberty Bell Award from the Warren County Bar Association in 1993 for outstanding public service in the community, NOW, THEREFORE BE IT RESOLVED, that the Town Board, on behalf of the residents of the Town of Queensbury, wishes to express its sympathy to his wife, Grace Roberts and the entire Roberts family on the passing of Mr. Roberts on February 18, 1994, and BE IT FURTHER RESOLVED, that in memory ofMr. Roberts service to our community, the Town Office Building's flag was flown at half-staff, and BE IT FURTHER RESOLVED, that we will always remember this leader of our community for helping to make Queensbury a better place in which to live. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver Supervisor Champagne-For those of us who knew Mr. Roberts well certainly feel badly for the family and certainly he was a great leader for the Town of Queensbury and did a great deal of good. Councilman Monahan-He was Chairman of the Planning Board when I first came on the Board and Dick Roberts gave alot of time to this town and alot of energy and alot of deep thought. PUBLIC HEARING - SIGN ORDINANCE NOTICE SHOWN 7:02 P.M. SUPERVISOR CHAMPAGNE-We'll move into the public hearing on the sign ordinance. Anyone to speak on the sign ordinance or against it? ATTORNEY ROSEMARY NICHOLS-May it please the Board, my name is Rosemary Nichols, I'm an attorney, I represent the Log Jam Outlet Center Associates Limited Partnership, which was, until December 30 of this year the owner of real property, the Log Jam Factory Outlet Center on State Route 9 in the Town of Queensbury. On behalf of my clients, I'm here tonight to present testimony in favor of the proposed revision of your sign law. As you may be aware, my client was forced because of the very limited time frame that the town law establishes for challenging decisions that are made by municipal bodies to commence a lawsuit against the town, even while we were busy negotiating with the Zoning Board about our problem with the particular provision of the sign code that you're considering this evening for modification. As it's presently written, that section of the code has been interpreted apparently over a number of years to allow only the name of the shopping center on any free standing signage in your town. With that single exception, our proposed sign complied in all respects with your regulation and was deemed, by most people who viewed it as being an attractive sign. It was our position in the litigation which is still pending before Judge Dier and it's our position reiterated here again this evening that the town's interpretation of the sign law as it presently exists, is unconstitutional because it violates both the First Amendment of the United States Constitution and the New York State, I'm sorry, the First Amendment of the United States Constitution and New York State Constitution Article 1 Section 8. As I scarcely need repeat for you, the First Amendment says that "Congress shall make no law abridging the freedom of speech". That provision has been made fully applicable to the states through the due process clause of the Fourteenth Amendment. In recent years there's been significant constitutional litigation before the US Supreme Court concerning government regulation of speech, whether commercial or noncommercial, political or nonpolitical. From that dialogue has evolved a set of principles that seem to indicate that the government with reference to commercial speech can regulate it when the regulation does not control content but merely controls the time, place and manner of the speech, the courts are relatively liberal about the way in which the government is permitted to regulate it. However, if the regulation controls the content of speech, the courts will normally apply a strict test of compelling state need. Your code, as it presently exists says that for a shopping center, being three or more businesses, conducted on the same premises, one freestanding sign denoting the name of the shopping center shall be permitted for each entrance fronting a different street or highway. Your interpretation allowing only that single sign, in our view, impermissibly restrained and abridged the free speech of my client and other shopping center owners by illegally declaring what we could say on our sign. The similar provisions relate to Article 1 Section 8 of the New York State Constitution. The provision as modified, in our view, is completely constitutional because what it does now is, it establishes a performance standard for your sign and what it says, is that, any business may put anything they feel is appropriate on the sign in terms of legibility which is certainly a legitimate concern of the community, it establishes a minimum size for the letters. We think that's a good idea. COUNCILMAN CAIMANO-So, your concern really is not the fact that we're asking you to put only one sign for the shopping center. You're just concerned about what is on that sign. ATTORNEY NICHOLS-That's correct and in our view it's a legitimate decision for the community to make as to how many signs any individual business would be permitted. We didn't object to the fact that we were limited to a single freestanding sign, we didn't feel that, that was inappropriate. Our problem and it was triggered by a major tenant, by our major tenant, was that they wanted to be displayed on the sign. We couldn't persuade them to come in unless we were able to provide that for them and fortunately, we had a negotiation with the Zoning Board of Appeals, we were able to work out an alternative to present to them. But I think in a fundamental sense what you're proposing here this evening is a much more satisfactory solution because it takes the municipality completely out of the problem of regulating what signs say and I think that's a good idea. And so, we're here this evening, I'm here this evening at my clients request to place on the record our support for your revisions and I would be glad to answer any additional questions. ATTORNEY DUSEK-Just a clarification for the record. Ms. Nichols may not be aware of this yet. Judge Dier did in fact decide that case, I handled the other side of that of course on behalf of the ZBA and he did decide in favor of the ZBA indicating that, basically denying your client's petition on the Constitutionality grounds. So, that part of the litigation has been resolved in favor of the Town. However, that being said though, I would also like to say to the Board that I think that the proposed legislation is certainly meritorious in the sense that it clears up any of these potential confusions for the future in the sense that it makes the language neutral instead of making suggestions as to what the sign might say. But I just wanted to clear that up for the record since the decision was rendered. SUPERVISOR CHAMPAGNE-Anyone else? John? MR. JOHN SAL V ADOR-I didn't realize this was on the agenda tonight or I would have come a little better prepared. My only concern with the sign ordinance is and I've mentioned this before in this arena, we in North Queensbury who are in the Lake George Park are under a Lake George Park Commission Sign Ordinance. It's been in effect since 1963. It comes and goes at their will. But the Park Commission you know has that all encompassing requirement that at a local government can promulgate or have a code or ordinance, as long as it's more stringent then theirs, they don't mind. Now, I just don't know where we stand, I haven't seen this ordinance, this, what you're doing. I don't know where we stand with regard to whether or not this is more stringent. Should it be? Should we be under two sign ordinances in North Queensbury? Should we be? COUNCILMAN CAIMANO-Probably not. MR. SAL V ADOR-I don't think we should. I don't mind adhering to, you know, a town sign ordinance that I have participation in, you know, what it's all about. SUPERVISOR CHAMP AGNE-I don't know, Jim, do you want to go through the ordinance tonight or how do you want to handle that? MR. SALVADOR-Don't do that on my behalf. SUPERVISOR CHAMPAGNE-Okay, alright. I just didn't know how much you wanted to gain from this. COUNCILMAN MONAHAN-I think it might be helpful if Jim went through the salient points of these revisions and why the revisions are being made. I think that might be helpful. EXECUTIVE DIRECTOR, MR. MARTIN-The primary focus of the revisions that's subject to this public hearing tonight relates to what was referred to as a shopping center and now is being referred to as a business complex. Shopping center was felt a little misleading in that it might apply only to retail ventures or something like that when it really applied to any building that housed three or more businesses. And most of the revisions being done essentially clarify what was already in the ordinance and that relates to the set back and the height and the size of the sign associated with a business complex. But the one major change comes in the last provision and I'll state it as follows. Other provisions, lettering and or logo's on free standing signs for business complexes shall be a minimum of six inches in height. Whereas before, the previous shopping center ordinance said only the name of the shopping center is allowed on the sign. And as some what stated by Ms. Nichols, is that there was some question as to the constitutionality of that. This is an attempt to remove that because the, what I understand was the motivation behind what was done with allowing only the name on the sign was, it was a safety concern, that we wouldn't get alot of tenant listings on there to the point where the lettering was so small that it could create a traffic and safety hazard. So, this seems to remove that problem. If we have a minimum size height, we relieve the hazard question but yet we allow tenants to be listed and so on and we don't have any restrictions. So that's, in the nut shell, the reasoning behind the change tonight. COUNCILMAN MONAHAN-And Jim, I believe your standard for the size of the letter height was done in conjunction with people in the sign industry who told you how far would be legible. EXECUTIVE DIRECTOR, MR. MARTIN-Right, that was a nationally accepted standard, so to speak of a visible letter at fifty feet at a speed of thirty miles an hour. That seemed to be a reasonable distance for traffic and safety concern. MR. SALVADOR-That's not mine, that's not an issue with ... COUNCILMAN MONAHAN-See, I don't think, John COUNCILMAN CAIMANO-No, but COUNCILMAN MONAHAN-Excuse me but I don't think that this may even apply up to Lake George area in Queensbury. I'm trying to think where we've got a business complex that have three or more businesses within the complex. MR. SALVADOR-Depends on how you cut it okay, I could have three or more businesses and I could be called a complex depending on how we do it. COUNCILMAN MONAHAN-But I don't really think it's important to compare this to the Lake George Sign Ordinance. COUNCILMAN CAIMANO-No, no and this isn't the begin all and end all. You should be aware that this is a, we had gotten into, in the last Board, into trying to change the sign ordinance and when we sat EXECUTIVE DIRECTOR, MR. MARTIN-Overall. COUNCILMAN CAIMANO-Overall, and we sat down to do it, we realized that every time we pushed a button over here, something popped over here and we couldn't do it that way. So, we went back and said, let's take one step at a time. This is just one tiny step in the sign ordinance. So problems that you might have with a multiplicity or people or laws and municipalities or whatever, that can come up again. I mean, those things are all going to be taken care of. This is not the begin all and end all of this sign ordinance, this is just one small step for man, if you will. But we're trying to do it one step at a time because every time we push somewhere, it pops up somewhere else. MR. SALVADOR-Yea, but if we let this particular issue go by now, then it's difficult to get it addressed agaIn. COUNCILMAN CAIMANO-No it's not, the whole, there's a committee assigned that's working constantly on the sign, that's what I'm trying to tell you. COUNCILMAN MONAHAN-Ongoing. EXECUTIVE DIRECTOR, MR. MARTIN-Right. COUNCILMAN CAIMANO-So, if you bring this forward through Jim, it will be taken care of and as time goes on, it will be one of those things that pops to the top and is taken care of. EXECUTIVE DIRECTOR, MR. MARTIN-I'll get a copy of that Park Commission Sign Ordinance and see, I don't even know MR. SALVADOR -You still have mine. EXECUTIVE DIRECTOR, MR. MARTIN-I never read it then, I don't, I've never read the ordinance. SUPERVISOR CHAMPAGNE-What else you got, John? MR. SALVADOR - Well, I must insist that, I just don't feel it's right for the town and a park commission to be imposing standards on us that we are obligated by law to adhere to. They may be conflicting, I don't know. Who sorts this out and who are we responsible to? COUNCILMAN CAIMANO-Fine, let's make that a part of the review as we go through the sign ordinance. Okay? SUPERVISOR CHAMPAGNE-Thank you. Anyone else? Okay, we'll close the public hearing. PUBLIC HEARING CLOSED Executive Director, Mr. Martin lead the Town Board through the Short Environmental Assessment Form, Part II. A, Does action exceed any Type I threshold in 6 NYCRR, Part 6l7.l2? Answer, NO. B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 6l7.6? Answer, 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? Answer, NO. C2, Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Answer, NO. C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Answer, NO. C4, A community's existing plans or goals as officially adopted, or a change in use or intensity of use ofland or other natural resources? Answer, NO. C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? Answer, NO. C6, Long term, short term, cumulative or other effects not identified in Cl-C5? Answer, NO. C7, other impacts? Answer, NONE. D, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? Answer, NO. Executive Director, Mr. Martin-The one noted correction on the Negative Declaration, Notice of Determination, on the first page, name of action: Amendment to Town Zoning Ordinance regarding Business Complex Signs, rather then Temporary Signs. Councilman Caimano-I'll move the SEQRA with the Description of Action, which says amending sign ordinance to clarify and revise regulations relating to signs in business complexes within the Town. Councilman Monahan-I'll second it. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 2, 1994 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 140 THEREOF, ENTITLED "SIGNS" WHICH PROVIDES FOR DELETING AND REPEALING SECTION l40-6B(3)(D) IN ITS ENTIRETY AND ADDING A NEW SECTION l40-6B(3)(D), PROVIDING REGULATIONS FOR THE TYPE, SIZE, PLACEMENT, LETTER SIZE AND NUMBER OF SIGNS LOCATED WITHIN OR A PART OF A BUSINESS COMPLEX RESOLUTION NO. 95, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is considering the action of the adoption of a local law which would amend the Code of the Town of Queensbury, Chapter 140 thereof, entitled "Signs", by deleting and repealing Section l40-6B(3)(d) in its entirety and adding a new Section 140- 6B(3)( d), providing regulations for the type, size, placement, letter size and number of signs located within or a part of a business complex, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with 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 the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that pursuant to Section 617.15, the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO ENACT LOCAL LAW NUMBER 2, 1994 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 140 THEREOF, ENTITLED "SIGNS" RESOLUTION NO. 96, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law to amend the Code of the Town of Queensbury Chapter 140, entitled "Signs," which deletes and repeals Section l40-6B(3)(d) in its entirety and adds a new Section l40-6B(3)(d), providing regulations for the type, size, placement, letter size and number of signs located within or a part of a business complex, and WHEREAS, a copy of the proposed local law entitled "A Local Law to Amend the Code of the Town of Queensbury, Chapter 140 thereof, entitled "Signs", has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on February 28, 1994, a public hearing with regard to this local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the adoption of this Local Law is an unlisted action under the terms and provisions of the regulations adopted by the Department of Environmental Conservation in accordance with the State Environmental Quality Review Act, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 140 thereof, entitled "Signs", which deletes and repeals Section l40-6B(3)(d) in its entirety and adds a new Section l40-6B(3)(d), providing regulations for the type, size, placement, letter size and number of signs located within or a part of a business complex, which Local Law shall be known as Local Law No.2, 1994, the same to be titled and contain such provisions as are set forth in the copy of the proposed local law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver LOCAL LAW NUMBER 2, 1994 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 140 THEREOF, ENTITLED "SIGNS" SECTION 1. Chapter 140 of the Code of the Town of Queensbury, ~140-2, entitled "Definitions" is hereby amended to delete one definition and add one definition, as follows: BUSINESS COMPLEX - Three (3) or more businesses and/or offices conducted on the same lot. SECTION 2. Chapter 140 of the Code of the Town of Queensbury is hereby amended by deleting and repealing Section l40-6B(3)(d) in its entirety and adding a new Section l40-6B(3)(d), providing regulations for the type, size, placement, letter size and number of signs located within or a part of a business complex, and reading as follows: (d) Business complex. The following regulations shall apply specifically to a business complex. These regulations supersede other provisions of this chapter. (1) business complex. No signs, other than the following types of signs shall be allowed within a (a) Freestanding signs (b ) Wall/roof signs (c) On-premises directional signs, as described in 140-30. (2) Signs allowed within a business complex shall comply with the following size and dimensions: (a) Double-sided, freestanding signs shall be limited to fifty (50) square feet in area at a setback of fifteen (15) linear feet and sixty four (64) square feet in area at a setback of twenty-five (25) feet. Maximum height shall be twenty-five (25) feet. (b) Wall/roof signs shall be regulated by the distance of the wall or roof on which the sign is to be placed to the front property line. At a distance of up to one hundred (100) linear feet from the front property line the wall or roof sign area shall be limited to one hundred (100) square feet. Linear setback distances of greater than one hundred (100) linear feet from the front property line shall be permitted on additional ten (10) square feet of sign area for each ten (10) additional feet of setback distance. In any case, wall signs shall not exceed twenty-five percent (25%) of the area of the wall or roof to which they are attached. (c) Directional signs shall be to four (4) square feet in area. When a portion of a sign is text required by law or regulation, the total area may be increased to a maximum of six (6) square feet. Maximum height shall be limited to ten (10) feet. (3) Placement of signs within a business complex shall be regulated as follows: (a) A freestanding sign may be placed at each entrance accessing a different public right-of-way. Freestanding signs shall be placed a minimum of fifteen (15) feet from the front property line. In entrances where the front property line cannot be determined, the following setbacks shall apply: (i) Forty (40) feet from the center line of a two lane road. (ii) Forty-five (45) feet from the center line of a road with three (3) or more lanes. (b) Wall/roof signs shall not project above the roof ridge line or parapet line of the building to which they are attached. Wall/roof signs shall not alter or expand the profile of the building to which they are attached. (c) Directional signs shall be placed at points of ingress or egress to the business complex. Placement of directional signs shall not adversely affect vehicular or pedestrian traffic safety or flow. (4) The number of business complex signs shall not exceed the following criteria: (a) One (1) freestanding sign per entrance accessing a different public right -of-way. (b) One (1) wall sign per occupant of the business complex. (5) Other provisions. Lettering and/or logos on freestanding signs for business complexes shall be a minimum of six (6) inches in height. SECTION 3. Nonconforming signs. Existing signs which are in conflict with the provisions of this local law and lawfully in existence on the effective date of this chapter shall be brought into conformity in all respects with the provisions of this chapter or shall be removed within ten (10) years of said effective date. SECTION 4. Effective date. This Local Law shall take effect at the earliest time allowed by the Municipal Home Rule Law, following adoption of the same by the Town Board of the Town of Queensbury. Supervisor Champagne-Before we move into resolutions, I do have a letter from one of our Zoning Members, Mrs. Joyce Eggleston and she writes: Dear Members of the Board; due to personal commitments, I have decided to resign from the Zoning Board of Appeals. I want to thank everyone for the opportunity given me to serve the Board. Respectfully submitted, Joyce Eggleston. Councilman Monahan- I would just add that I'm sure your secretary will do a nice Resolution of Appreciation for Mrs. Eggleston which we can present to her. Supervisor Champagne-We will do that along with the nice letter that we sent to her. Executive Director, Mr. Martin-We've done that on behalf of the Planning Department as well. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 97, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes of January 31st and February 7th of 1994. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING AMENDMENT NO.1 TO AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND O'BRIEN & GERE ENGINEERS, INC., IN CONNECTION WITH THE WATER TREATMENT PLANT EXPANSION RESOLUTION NO. 98, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury, in accordance with resolution no. 526, 93, authorized the retention of O'Brien & Gere Engineers, Inc., to prepare a map, plan, and report in connection with the proposed expansion of the Town of Queensbury Water Treatment Plant, and WHEREAS, the Town of Queensbury and O'Brien and Gere Engineers, Inc., entered into an Agreement for engineering services dated September 24, 1993, including an addendum dated September 29, 1993, which provided for the Engineers to furnish services for the said expansion, including the preparation of the map, plan, and report, and WHEREAS, an Amendment No. 1 to the aforesaid agreement has been presented by O'Brien & Gere Engineers, Inc., and a copy of the same has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Amendment NO.1 Agreement presented at this meeting, and hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the agreement on behalf of the Town of Queensbury and to take such other and further steps as may be necessary to undertake performance under the aforesaid Amendment NO.1 Agreement, and BE IT FURTHER, RESOLVED, that payment for said services will be made from the appropriate Capital Project Fund Account. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO. 99, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, certain departments have requested transfers of funds for the 1994 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1994 budget: HIGHWAY: FROM: TO: AMOUNT: 04-9785-6085 (Installment Purchases) 04-5142-4400 (Misc. Contractual) 9,000.00 BUILDING & GROUNDS: FROM: TO: AMOUNT: 1-1620-1070 (Part-Time Clerk) 1-1620-1060 (Full-Time Clerk) 19,679.00 DATA PROCESSING: FROM: TO: AMOUNT: 1-1440-1485 (Town Engineer) 1-1680-2100 5,900.00 (Computer Hardware) and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING RELINING OF PRIMARY RETORT CHAMBER RESOLUTION NO. 100, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Dr. R George Wiswall WHEREAS, the Superintendent of the Pine View Cemetery and Crematorium has advised that the Town of Queensbury should arrange for the relining of the entire primary chamber of the Crawford Retort situated in the Pine View Crematorium, and WHEREAS, the Superintendent has advised that such relining is necessary due to the age of the unit as well as deterioration as a result of normal wear and tear, and WHEREAS, the said Superintendent has obtained two quotes as required by the Purchasing Policies of the Town of Queensbury and has recommended that L VR, Inc., the low bidder, be awarded the bid in the amount of $7,500.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for the repairs set forth in the preambles of this resolution to L VR, Inc., in the amount of $7,500.00, with the same to be paid for from the Crematorium's Equipment, Repair and Maintenance Account, #02-881O-4070-11, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to enter into an agreement with L VR, Inc., for the repair of the retort chamber in a form to be approved by the Town Attorney. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION APPROVING EXPENDITURES FOR THE REALIGNMENT AND IMPROVEMENT OF OLD FORGE & PEGGY ANN ROADS RESOLUTION NO. 101,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, there exists within the Town of Queensbury, roads known as Wintergreen, Lupine, and Peggy Ann Roads, and WHEREAS, the Town Highway Superintendent, Paul H. Naylor, has recommended to the Town Board that the intersections of Peggy Ann Road, Wintergreen Road, and Lupine Road, be realigned and improved, such that a portion of Peggy Ann Road is moved approximately 200'-300' and the intersections of the other roads are realigned at the new location, and WHEREAS, the Town Board is in agreement with the Town Highway Superintendent that the aforesaid project should be accomplished for purposes of providing improved highways for use of the general public, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its agreement that the aforesaid improvement project for Wintergreen, Lupine, and Peggy Ann Roads should be completed and hereby further approves and authorizes to the extent necessary, the retention of the services of Scudder Associates and Leon M. Steves, to perform certain engineering and surveying work in connection with the aforesaid improvements as described in the proposals presented at this meeting, and BE IT FURTHER, RESOLVED, that the approval of the Town Board is provided with the understanding that the cost for the services of Scudder Engineers, Surveyors and Planners will not exceed the sum of $16,500.00, and that the cost of the services provided by VanDusen & Steves will not exceed the cost of $7,500.00, with the costs of both services to be paid for from the Peggy Ann Road Capital Project Fund, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury is in agreement that the Town Highway Superintendent may undertake all steps and actions that may be necessary to accomplish the purposes of this resolution insofar as it relates to the planning of the reconstruction and improvement of the roads mentioned herein. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION SETTING PUBLIC HEARING ON TAPPING FEES RESOLUTION NO. 102, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, there has been established for all water districts in the Town of Queensbury, tapping fees assessed for Town services in making connections and providing meters in connection with the establishment of or provision of new water service, and WHEREAS, the cost of the connection to water lines and providing meters for new users has been in excess of the expenses incurred by the Town of Queensbury Water Department, and WHEREAS, it is in the intent of the Town Board to establish a tapping fee that is reflective of the actual cost to the Town of Queensbury Water Department, and WHEREAS, a proposed rate schedule has been presented at this meeting, which rate schedule shall apply to the following districts: 1) Queensbury Consolidated Water District; 2) Sherman Avenue Extension Water District; 3) Peggy Ann Road Water District; 4) Easy Street Water District; 5) Hiland Park Water District; 6) West Glens Falls Water District; 7) Shore Colony Water District; and any district or extension hereafter established, and WHEREAS, the proposed rate schedule presented at this meeting is as follows: SIZE T AP* PROPOSED FEE CURRENT FEE RESIDENTIAL W/O METER- WGF/SHORE COLONY 3/4" short $ 300.00 $ 225.00 200 3/4" long $ 450.00 $ 275.00 350 1" short $ 600.00 $ 325.00 425 l"long $ 800.00 $ 375.00 625 1 1/2" short $ 900.00 $ 525.00 575 1 1/2" long $1,200.00 $ 575.00 875 2" short $1,200.00 $ 825.00 850 2" long $1,500.00 $ 875.00 1150 3/4" meter only $ 100.00 1" meter only $ 175.00 1 1/2" meter only $ 325.00 2" meter only $ 350.00 * includes meter and connection unless otherwise indicated and WHEREAS, in accordance with the Code of the Town of Queensbury, ~ 173-27 thereof, a public hearing must be held on the rate schedule before the adoption thereof, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed rate schedule accomplishes the purposes and intent set forth in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on the proposed new rate schedule on March 21st, 1994 at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York (reasonably accessible to the physically challenged), and BE IT FURTHER, RESOLVED, that notice of the aforesaid public hearing shall be published in the official newspaper of the Town at least five days prior to the hearing date and shall set forth a description of the fees to be charged in the amount of the new fee, and BE IT FURTHER, RESOLVED, that the notice to be published in the newspaper shall be in a form substantially similar to the proposed notice presented at this meeting and annexed to this resolution. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING RENEWAL AGREEMENT BETWEEN THE COUNTY OF WARREN, ACTING FOR AND ON BEHALF OF THE WARREN COUNTY OFFICE FOR THE AGING, AND THE TOWN OF QUEENSBURY RESOLUTION NO. 103, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Warren County Office of the Aging has presented to the Town Board of the Town of Queensbury a Renewal Agreement which provides for, upon compliance with certain conditions set forth therein, the payment to the Town of Queensbury in the sum of $6,811.00, for the year 1994, for the conducting of a transportation for the elderly program, and WHEREAS, a copy of the aforesaid Renewal Agreement has been presented at this meeting, and WHEREAS, said Renewal Agreement has been reviewed, and is in the form approved by the Town Attorney, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the aforesaid Renewal Agreement on behalf of the said Town Board, and take such other and further steps as may be necessary to effectuate the terms of the Agreement and obtain the funds provided for thereunder, and BE IT FURTHER, RESOLVED, that payment for the aforesaid services shall be paid for from the properly budgeted account, and BE IT FURTHER, RESOLVED, that a copy of this Resolution and of the Agreement be filed with the Director of Accounting Services and Town Clerk Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mrs Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO CONDUCT SHAMROCK SHUFFLE 5 MILE ROAD RACE RESOLUTION NO. 104, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Adirondack Runner Club has requested permission to conduct a Shamrock Shuffle 5-Mile Road Race as follows: SPONSOR: The Adirondack Runners Club EVENT: SHAMROCK SHUFFLE 5-MILE ROAD RACE DATE: Sunday, March 20, 1994 PLACE: Beginning and ending at Glens Falls High School (Letter and map regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club to hold the Shamrock Shuffle 5 Mile Road Race in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that this be subject to the approval of the Queensbury Highway Superintendent, which approval may be rescinded or which may modify the authorized date. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION IN SUPPORT OF A LONG-TERM INTEGRATED PROGRAM FOR AQUATIC PLANT CONTROL IN LAKE GEORGE AND IN SUPPORT OF STATE MATCHING FUND GRANTS RESOLUTION NO. 105, 94 INTRODUCED BY: Mrs. Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is familiar with the issues concerning Eurasian Watermilfoil control in Lake George, and WHEREAS, the Lake George Park Commission has advised that some sixty-six (66) sites are totally cleared of milfoil each year under the program, and that some of the sites are along the lake shore in the Town of Queensbury, and WHEREAS, the Lake George Park Commission has also advised that the Aquatic Plant Control Program, previously conducted under a grant from the U.S. Clean Lake Program, will end this year. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its determination that it is necessary to continue to control Eurasian Watermilfoil in Lake George and that there is a need for a long-term integrated plant control program that derives funding from sustainable sources which should include State matching grants to reduce the expense for local entities, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to send a copy of this Resolution in support of the concept of a long-term integrated program and support for the State portion of a shared funding proposal to the Lake George Park Commission, as well as any other elected officials or offices and Department of the State the Town Supervisor should deem appropriate, with the understanding, however, that nothing in this Resolution shall bind the Town of Queensbury to a particular funding program or the payment of any Town funds in support of a program; the appropriateness of the expenditure of Town funds to be determined at a later date. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING PURCHASE ORDER TO KVS INFORMATION SYSTEMS, INC. RESOLUTION NO. 106, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures, and WHEREAS, in accordance with said procedures, a contract in an amount greater than the amount of $5,000.00, up to New York State bidding limits, must be approved by the Town Board before said contract is entered into, and WHEREAS, the Director of Accounting Services has proposed to purchase a hard disk and tape back-up system for finance and payroll and has requested Town Board approval, and WHEREAS, NYS Bidding is not required, since the equipment prices are State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the purchase with KVS Information Systems, Inc., in the amount of $5,904.00, said purchase to be paid forfrom Account No.: 001-1680-2100. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH THE VOLUNTARY ACTION CENTER RESOLUTION NO. 107, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury is desirous of entering into a contract with the Voluntary Action Center, and WHEREAS, the aforesaid contract has been reviewed and is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract set forth above, and BE IT FURTHER RESOLVED, that payment due on said contract be paid from the previously budgeted account. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING THE RETENTION OF HUDSON ENVIRONMENTAL SERVICES, INC. FOR WATER TESTING AND SAMPLING AT THE TOWN OF QUEENSBURY LANDFILL RESOLUTION NO. 108, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan Councilman Caimano referred to the bids and noted concern with the tremendous discrepancy in dollars. Requested the Board to hold until information explaining the bids could be obtained. Town Board agreed and withdrew the resolution. RESOLUTION DETERMINING TOWN OWNED PROPERTY TO BE SURPLUS AND SETTING PUBLIC HEARING ON PROPOSED SALE TO QEDC RESOLUTION NO. 108, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury is currently the owner of a certain parcel of land, approximately 34 acres in size, bearing tax map no. 146-1-6, and more specifically described in a Deed from Helen M. Merritt and G. Robert Merritt to the Town of Queensbury, dated July 28, 1968, and recorded at Liber 513, Page 226, a copy of the same being presented at this meeting, and being intended to be annexed to this Resolution and incorporated herein for all purposes, and WHEREAS, the Town of Queensbury is also the owner of a parcel of land providing aright -of- way for access and egress to the aforesaid parcel, as well as another parcel owned by the Town, the aforesaid right-of-way being more specifically described in a deed filed at Liber 781 Page 1, and WHEREAS, the Queensbury Economic Development Corporation has expressed an interest in purchasing the aforesaid parcel and a right -of-way to the same, and WHEREAS, the Town Board of the Town of Queensbury notes that the Resolution originally authorizing acquisition of the approximately 34 acre parcel, Resolution No. III of 1968, indicates that the land was acquired for Landfill purposes, and WHEREAS, the Town Board of the Town of Queensbury is generally familiar with the requirements of establishing a landfill, maintaining and same and, ultimately, closing the same, and WHEREAS, Article 14 of the Not-for-Profit Corporation Law of the State of New York provides that a local legislative body may, by resolution, determine that specifically described real property owned by the Town is not required for use by the Town and authorize the Town to sell or lease such property to a local development corporation, incorporated under the Not-for-Profit Corporation Law, and WHEREAS, the Town Board of the Town of Queensbury recognizes the Queensbury Economic Development Corporation as a local development corporation, incorporated under and by virtue of Article 14 of the Not-for-Profit Corporation Law, and WHEREAS, the Town Board of the Town of Queensbury has had the 34 acre parcel appraised and the appraised value of the property has been determined to be $90,000.00, a copy of the Appraisal Report having been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that all that piece or parcel ofland, bearing tax map no. 137-2-10 and, more specifically described in the Deed presented at this meeting and referred to the preambles of this Resolution is surplus property in that it would not be practical to situate a landfill on the parcel in light of its proximity to the river and, further, that it is not desirable in light of environmental concerns, as well as familiarity with the rules and regulations concerning the establishment, maintenance and closure of landfills to use the aforesaid parcel as a landfill, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the parcel is not needed for any other Town purpose, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby recognizes that the zoning designation of the surplus property is Light Industrial and that the same is located near other similarly zoned property and hereby further determines that it would be appropriate for the Queensbury Economic Development Corporation to utilize the property in connection with facilitating light industrial development on the parcel as the same would benefit the Town of Queensbury, as well as the people thereof, in providing places of employment, further tax revenues and generally support economic development in the community, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby expresses its interest and desire to arrange for the sale of the aforesaid property with a grant of right -of-way over the parcel previously described in the preambles of this resolution to the Queensbury Economic Development Corporation, at an amount equal to its appraised value of $90,000.00, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury acknowledges the requirement of Section l411 of the Not-for-Profit Corporation Law, that, before any sale orlease to a development corporation shall be authorized, a public hearing shall be held by the local legislative body and, therefore, sets as a public hearing date the 21st day of March, 1994, at 7:00 p.m., said public hearing to occur at the Queensbury Activities Center, 531 Bay Road, Queensbury, New York, to hear all persons interested in the proposal and to take such other and further action as may be required or allowed by law, and BE IT FURTHER RESOLVED, that notice of the hearing provided for herein shall be published at least ten (10) days before the date set for the hearing, and that publication shall occur by way of the official newspaper for the Town of Queensbury, and the notice of such hearing shall be in a form substantially similar to the Notice presented at this meeting. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver Discussion - Removal of Debris from Residences by Highway Dept. Town Board held discussion with the Highway Superintendent, Paul Naylor regarding removal of tree limbs and other debris from residential areas throughout the town by the Highway Department and no decision was made. Town Board agreed to research further and continue discussions. Supervisor Champagne-Okay, other discussion items, just some communications and announcements. I want the Board to know, we've talked with Mike Shaw and asked him to take another look at the Bay Road Sewer District that would go basically from where it ends now to Adirondack Community College. He'll be looking at two or three options to accommodate that and should be getting back to us with some numbers, March 10th I believe ... We got a correspondence back from the State Commission on Cable Television and we have been approved by the Commission for them to serve as our representative. They indicated to us that about ninety-seven percent of our local municipalities have opted for the rate regulations through their efforts ... The other item is the basketball banner. I would like your opinion on spending up to two hundred dollars to make a 'Welcome New York State Champions to the Queensbury Region' in support of the girls basketball championship coming up. Councilman Monahan and Councilman Wiswall agreed ... The other request I have is by the Saga City group, they'll be touring this area about March 28th and would like to visit the Town Office Building then. We would like to have some boxed lunches for these youngsters along with their chaperons, we need about three hundred dollars to accommodate that and I'd like your opinion on that. Town Board agreed. RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO. 109,94 INTRODUCED BY: Dr. R George Wiswall WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the special audit of bills as represented by Voucher #94-914, in the total amount of $1,203.30, payable to Bruce E. Caza, for appraisal of property owned by Niagara Mohawk (portion of tax map # 148-1-2.1), be and hereby is approved, and BE IT FURTHER RESOLVED, that the special audit of bills as represented by Voucher #94-915, in the total amount of $1,500.00, payable to Bruce E. Caza, for appraisal of property owned by the Town of Queensbury (tax map # 146-1-6), be and hereby is approved. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver ATTORNEY MATTERS Attorney Dusek-Just a brief note on the Hudson Pointe package that I handed out to you a little earlier. There's a memo on top together with a Resolution Approving the Planned Unit Development with a bunch of conditions. Then there is Resolution Approving the SEQRA Findings and finally, a Development Agreement. The memo, I briefly outlined to you to help assist you in reviewing this and you can see my line of reasoning when this was prepared. The legislation contains the bulk of everything that you would expect to see that restricts this. I think you would want to review the legislation first. The Developer's Agreement contains many of the same things that the legislation contains plus a couple of other things that just didn't fit right in the legislation. So, I think as you review the legislation, if you find something that's not there then you may want to go to the Developer's Agreement and see if its there. Please feel free to contact me if you feel that we've left something out or if there's any questions. I wanted to give this to you early because this is on for your next meeting, a week from tonight and I thought this would give you a week if you do have any questions. COMMUNICATIONS Deputy Town Clerk Mitchell read the following into the record: To the Members of the Queensbury Town Board, Thank you so very much for the beautiful get well bouquet you sent me. It is still sitting on our television very bright and alive. My recovery is coming along well and I am hoping to be back at work by March 7th. It is nice to have such caring friends. Sincerely, Paula Lupo Attorney Dusek-One more brief comment on Hudson Pointe. The other part of your package on that would be the SEQRA Findings which Jim had sent to you a couple of weeks ago. So, when you finally get everything together you would want to make sure you find Jim's SEQRA Findings plus this packet and then you will be all set for Monday's meeting. OPEN FORUM Mr. Ted Turner-Referred to agenda, Resolution Authorizing Town Clerk to Submit Petition for Change of Zone for Schermerhorn. Questioned what that was all about? Councilman Monahan-Noted that it was a rezoning that was applied for, came in under the normal process but we've pulled it because we feel we need to take a look at it as a Town Board and get some information before it goes through the process onto the Planning Board. Mr. Turner-Questioned, whether that's the original petition for a change of zone on Meadowbrook Road? Supervisor Champagne-Yes, it's on Meadowbrook Road. Councilman Caimano-It runs around Mr. McDonald's house. Supervisor Champagne-The Board feels we need more information before we send it on. Ms. Barbara Bennett, Dixon Road-Referred to the contract for transportation of the elderly and questioned whether it's strictly low income? Councilman Caimano-It's for anybody over a certain age. Ms. Bennett -Questioned what types of things will they provide transportation for? Councilman Monahan-I don't think there's any limit. Supervisor Champagne-Let me get the contract out that we have because I don't feel qualified to speak but if you give me your number, I'll get that information together and provide that for you. Ms. Bennett -Paul Naylor, the Queensbury roads were much better then the City of Glens Falls. Paul, I didn't vote for you but I was dam glad you were employed this Winter. Did I hear that he's losing three highway department personnel? Supervisor Champagne-Yes. Ms. Bennett-Are they still working? Supervisor Champagne-No, they're laid off. Ms. Bennett-How could you do it in the middle of this Winter? Supervisor Champagne-It hasn't been easy. Ms. Bennett-Referred to the water plant. Noted, I hope you'll look into this carefully and not expand it too quickly until you have figures. I don't want to see a trash plant with our water plant and flowing big bonds and raising our taxes. I'd like to see alot more information before you really decide on that. Councilman Caimano- Y ou will see more information, there will be a public hearing but the reason to go to the fifteen million gallons a day is to reduce. There are other people who want to buy water from us, we need to have water to grow with, if we go to the fifteen million gallons a day, that's possible and your cost will be less then if you go to ten by yourself. But we'll bring that all out at the public hearing and you'll see it all. Ms. Bennett-Lastly, I heard your speak up program, first one as Supervisor and I thought it was a good one because you did touch on alot of subjects. I think it's worth while for people who don't come to the meetings, keeps us current. Mr. Dick Bilodeau, Treasurer, Bay Ridge Fire Company-(submitted letter to the Town Board Members, Town Attorney and Town Clerk which he read into the record) To the Town Board Members; We, the Bay-Ridge Volunteer Fire Company do ask the Town Board at this workshop meeting on the 28th day of February to conduct a vote at the next regular Town Board Meeting dated March 7, 1994 in accordance with Article 5 of the present contract between the Bay-Ridge Volunteer Fire Company and the Town of Queensbury concerning our proposal to purchase a 1994 K.M.E. Rescue Pumper. This proposal was submitted to the Town Board at the workshop meeting on February 14, 1994. For public record Article 5 reads as quoted from the contract: "The fire company agrees not to purchase or to enter into any binding contract to purchase any piece of apparatus, equipment, real property, or to make improvements thereon, at a cost exceeding the sum of fifty thousand dollars without prior approval of the Town Board of the Town of Queensbury. It is understood and agreed that such approval will not be interpreted as any agreement by the Town to assume responsibility or liability for payment or guarantee or assure payment for such apparatus, equipment, real property or improvement thereon". We feel that this responsibility must be addressed by this Board without further delay as we have made our proposal in good faith and are waiting for your decision. Also for public record, there are two misconceptions circulating around Town concerning this proposal that we would like to address. First, when we made this proposal for our purchase of this 1994 K.M.E. Rescue Pumper we stated that a public hearing had to be held concerning the financing of this apparatus with notice posted fourteen days in advance of this hearing. The Town Supervisor would then have to sign a document that this hearing was held. This document is for the internal revenue code of 1986, Section l47F and is for the purpose of our financing with the LaSalle National Bank only. This document in no way pledges the Town Supervisor or the Town Board to guarantee financing for this apparatus. Secondly, the rumor that this new apparatus will not fit into our station. This apparatus will replace our ET 324 which is a 1975 F.M.C. apparatus currently stationed at station 2 on Glen Lake Road. This building was designed and built to house a ladder truck or a tower truck should the need arise. We assure this Town Board that this apparatus will fit into station 2. However, this new apparatus will not fit into station 1 on Sunnyside Road at this time. It must be noted that all other apparatus in our company will fit in station 1 and that we are in the beginning stages of discussion as to how to modernize station 1. We thank you for your consideration in this matter. Sincerely, Bay-Ridge Volunteer Fire Company. Mr. Bilodeau-At this time, I would like to invite any and all of you if you wish to come to our station and ask any questions concerning this apparatus. We would like all questions really directed at us as opposed to other companies. It's no other company's business in this Town basically what we do. We would like questions directed to us. Supervisor Champagne-Are you finding that there are questions going elsewhere in reference to this? Mr. Bilodeau-Yes we have and I really don't have a problem with that but I would like the chance to answer our own questions. Councilman Caimano-In your letter to us, the two things that are going around Town, I thought we had laid it to rest when you were here last time. The question was brought, in fact I think I asked the question regarding LaSalle and this form and I thought the question was laid that night, that this was strictly your financing thing and had nothing to do with us. Mr. Bilodeau-Two nights later, I was approached by a person of the Town that said, you can't do that because your asking the Town Supervisor to pledge his faith for that truck and I said, no, that's not true. That's what we want to clear up, we don't want any misconceptions running around out there and we certainly don't want you folks to pledge your faith. You can't anyway, that's our job. Councilman Caimano-Basically, what you want us to do is vote on this at the regularly scheduled meeting on March 7th. Mr. Bilodeau-If it's at all possible. Councilman Caimano-Okay, I think we can, I think we can bring it to a vote on March 7th without any problem. When we met as a committee, we promised that we would wait until Mrs. Pulver got back and she's due back on the 6th but I know how to get a hold of her. We had talked about putting together this fire committee before your purchase. You then asked that you not be held hostage to this, so to speak, to this committee because this is on the table and I had agreed that that's, as long as all of the rest of rescue and fire companies understood that this was it, from here on end, we had to go through this committee. That I didn't see why we should hold you hostage either and the only other problem is that one of the voting members, Mrs. Pulver is away. I know how to get a hold of her and as far as I'm concerned, I will make every effort to get a hold of her and tell her that I think we should bring this issue to a vote on the 7th. Mr. Bilodeau-Okay, we would appreciate that. Councilman Wiswall-I was very impressed by the presentation and I'll tell you now, I'm ready to vote, tonight or a week from tonight. OPEN FORUM CLOSED 8:30 P.M. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 110, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Audit of Bills appearing on Abstract February 28th, 1994, numbering 94- 054401 through 94-088500 and totalling $267,909.25, be and hereby is approved. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver ABSTAIN: Mr. Caimano, Vendor #000127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. lll, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter Executive Session to discuss Matters leading to the possible appointment or hiring of an individual/firm or business entity, two matters of personnel and a matter that transcends the lines of personnel as well as matters leading to the hiring of an additional person, firm or corporation. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO RECONVENE RESOLUTION NO. 112, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R George Wiswall RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session to enter Regular Session of the Town Board. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO. 113, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Dr. R George Wiswall RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 28th day of February, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver No further action was taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY