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1994-03-21 TOWN BOARD MEETING MARCH 21, 1994 7:00 P.M. MTG. #15 RES. 142-164 TOWN BOARD MEMBERS Supervisor Fred Champagne Councilman Betty Monahan Councilman R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver Town Attorney Paul Dusek PLEDGE OF ALLEGIANCE LED BY SUPERVISOR FRED CHAMPAGNE ANNOUNCEMENT Councilman Nick Caimano- The other night we had a special meeting of the emergency services group and at that time we passed out a copy of a resolution and we said we would upgrade that resolution based upon the things that we had said at that meeting. There have been some other as I used the word permutations of that plan which are going to be discussed later in executive session here, you will not be receiving tonight a revised copy of that resolution simply because it has not gotten to that form yet. ...we will not have it until after this meeting. PUBLIC HEARINGS AMENDMENT TO CERTIFICATE OF INCORPORATION OF THE BAY RIDGE VOLUNTEER FIRE COMPANY,INC. NOTICE SHOWN Supervisor Champagne-Anyone here to speak on behalf of Bay Ridge? Mr. Paul Pontiff-Good, evening Mr. Chairman, Ladies and Gentlemen, my name is Paul Pontiff I represent Bay Ridge Volunteer Fire Company. What we are requesting the Board to do is to approve a certificate of amendment to their charter for the purpose of satisfying the Internal Revenue Code requirements with language to allow us to apply for qualification status under section 501C3 of the Code which will clarify the position of the fire company as a tax exempt charitable organization. Now, although it is in form and in substance such an organization there has never been a qualifying letter issued by Internal Revenue and that is what we are proposing to do and the material that has been presented to you with respect to the amendment includes language required by the Internal Revenue Code to accomplish that purpose. Supervisor Champagne-Any questions? Thank you Paul, anyone else care to speak on behalf or against? I will close the public hearing. RESOLUTION APPROVING AMENDMENT TO CERTIFICATE OF INCORPORATION OF THE BAY RIDGE VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 142.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury presently has an agreement with the Bay Ridge Volunteer Fire Company, Inc., wherein the said Fire Company has agreed to provide fire protection services for a certain area of the Town of Queensbury Fire Protection District located within the Town of Queensbury, and WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., is presently desirous of amending its Certificate of Incorporation, by adding a paragraph 4 to Article SECOND of said Certificate, pertaining to the purposes of the Corporation, adding Article EIGHTH to said Certificate pertaining to the earnings and activities of the Corporation, and adding Article NINTH to the Certificate pertaining to the distribution of assets upon dissolution of the Corporation all as required by the Internal Revenue Service, and a copy of the proposed amendment has been presented to this meeting, and WHEREAS, a public hearing was duly held on March 21, 1994 at 7:00 p.rn., in the Queensbury Activities Center, and all persons interested in the subject thereof were heard, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and consents to the said Amendment of the Certificate ofIncorporation of the Bay Ridge Volunteer Fire Co., Inc., as the same is presented to this meeting and consents to the filing of the same. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None PUBLIC HEARING TAPPING FEES NOTICE SHOWN Supervisor Champagne-Increase in tapping fees for the Town tapping of water mains. Open the Public Hearing Mr. Ralph VanDusen-Deputy Water Supt. In 1987 the Town Board established tapping fees that reflected at that time the cost of the water department going to the site, making excavations, making the connection into the water main and running as far as the property line and back filling and installing the water meter. At that time it was the intent that those fees would cover the entire costs of that work. Over the next, the last seven years our costs have gone up in the last couple of years OSHA haS very stringently been changed requiring trench cages, more people actually to do the work taking longer time, more equipment to be used and the recommendation of the water department is that we revise the tapping schedule to meet those costs so that we again are breaking even. The proposed tapping schedule as you have it would reflect that and it is based on the 1993 costs for the taps that we made last year. Do you have any questions? Councilman Caimano- When was the last time anything was changed on these tapping fees. Mr. VanDusen-Seven years ago, 1987. Councilman Caimano-And they represent only the cost, right, where you have proposed fees these are actually what the costs are for putting them in. Mr. VanDusen-That is rounded off to the nearest twenty five dollars that is the, that was our actual costs for 1993. Councilman Caimano-I am going to ask the question because I am sure that somebody from the public will be able to use a calculator as well as I and there are some pretty heavy percentages that have gone up. But these represent only the costs today, pretty much of how you, for example the one inch long is up to 113%, that is up 113% so, but the point is that these are only, are costs by in large, right? Mr. VanDusen-That is right there is no profit in there, that is our costs. I would say that of the taps that we made in 1993 roughly 90% of them were in the 3/4 inch category. Supervisor Champagne-Yes, there were very few that went beyond the one, when I analyzed the raw data, that they provided. Councilman Caimano-What, 3/4 inch Supervisor Champagne-Yea. Mr. VanDusen-The average homeowner would have a 3/4 inch water service. Councilman Caimano-Long? Mr. VanDusen-Well, long means the water main is on the opposite side of the road the short is on your side. Councilman Caimano-That's 64% so, I just want to make sure the public understands that we did not throw in any profit dollars here at all? Mr. VanDusen-Right, what has been happening is the expenses have been subsidized by the rest of the people in the Queensbury Water District and this will end that so each time you apply for a new connection it will pay its share of the costs. We had a concern about the costs, that an increase was relatively high, one of the things that we looked at was construction estimates to put it out, what would the costs be if we hired private contractors? Now, I can tell you that using the RS Means Catalog of 1994 that our costs are still substantially lower than what the engineers, the contractors estimates are. Councilman Caimano-I think it is right to be concerned but on the other hand as you point out even this 3/4 inch long which is up 64% up to this point the rest of the water districts have been subsidizing that. Supervisor Champagne-Any further comment, from the public? Mr. Nick Nickelson-How much was it before and how much is it now? How much are they asking it is supposed to be now in dollars? Councilman Caimano-Which one? Mr. Nickelson-Well on one side of the road, say it is on your own side of the road. Councilman Caimano-The short was $225.00, now it is $300.00 that is a 33% increase. Mr. Nickelson-How much is it for across the road? Mr. VanDusen-It was $275.00 it would now be $450.00. Mr. Nickelson-That is outrageous. Councilman Caimano-It is also outrageous is somebody else has to pay for it. Supervisor Champagne-I think if you were to compare it to other communities where either, whether the Town or the City is doing their own tapping or especially in an outside contractor which is being looked at previously. Mr. Nickelson-Well, we are tapping ourself, right? Supervisor Champagne-Yes. Just making comparisons with others, we are still well within the lines. Councilman Monahan-Ralph that colunm that is residential without meter at West Glens Falls/Shore Colony is that current or proposed? Mr. VanDusen-That would be proposed, currently there is no separate fee for them and the reason it is different, those customers do not have water meters, so the cost of the meter has been subtracted from the tapping fee. Councilman Monahan-So, the proposed fee and the other includes the meter. Mr. VanDusen-The proposed fee includes the meter, yes, includes all the costs associated with hooking up the new service within the Town right of way and the meter. Supervisor Champagne-Come up to the table please maam? Unknown-Could Mrs. Pulver speak up? Councilman Caimano- This is Mrs. Pulver. Unknown-I could not hear her. Councilman Monahan-I will put my microphone at a different level, is that better? Unknown-Yes. Thank you. Supervisor Champagne-What to repeat the question Betty, did you want the question repeated maam? Unknown-Yes, Please. Councilman Monahan-I asked what the colunm was that was residential without meter, West Glens Falls/Shore Colony if that was current or proposed? That is a proposed fee which will be different because they do not have a meter, was the answer from Ralph will be the proposed fee because they do not have a meter and the cost of the meter has been deducted from their fee. Unknown-Thank you. Supervisor Champagne-Anyone else from the public care to speak? I will close the Public Hearing. RESOLUTION APPROVING RATE SCHEDULE FOR TAPPING FEES RESOLUTION NO.: 143.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there has been established for all water districts in the Town of Queensbury, tapping fees assessed for Town services and 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 the intent of the Town Board to establish a tapping fee that is reflective of the actual costs to the Town of Queensbury Water Department, and WHEREAS, the proposed rate schedule has been previously presented to this Board, which rate schedule applies 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 WHEREAS, in accordance with the Code of the Town of Queensbury, ~ 173-27 thereof, a public hearing was held on the aforesaid rate schedule, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed rate schedule accomplishes the purpose and intent set forth in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the following rate schedule to be implemented, for applications for water taps or meters made April 1st. 1994 or after: 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 1"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 Duly adopted this 21st day of March, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held before vote: It was the decision of the Town Board to put the effective date as of April 1st, 1994 in the resolution ... PUBLIC HEARING SALE OF PROPERTY QEDC NOTICE SHOWN Supervisor Champagne-Paul, do you want to start us into that one and then we will hear from the public? Attorney Dusek-The Town of Queensbury owns approximately 34 acre parcel located off Corinth Road or actually more precisely it is down Carey Industrial Boulevard and you have to cross a right of way to get to this parcel but it's in the Corinth Road area of Town. As I mentioned, it is about 34 acres the Town acquired it from my research in 1968, the bonding resolution that looks like it went with the property indicates that it was anticipated it would be used as a landfill back then and this resolution here basically indicates, well, take that back for a moment. The Town was approached by QEDC for the purchase of that land and that in order for the Town to determine that it is proper to sell the land it must first hold a public hearing which is the purpose of tonights meeting and secondarily it would have to entertain a resolution finding the property to be surplus property and setting the sale price which has been proposed at $90,000. The previous resolution adopted by the Board made preliminary findings that it was surplus property tonights resolution would re-affirm that pending the public hearing. You will certainly want to hear, see if there is any comment at the public hearing before acting upon the resolution. Supervisor Champagne-Tim? Mr. Tim Brewer-Candleberry Drive, Queensbury do we have a map so we can put up for the public to see. Executive Director Martin-It is not exactly to scale...(used map) Corinth Road lies up here offfrom that..would lie here off the map, Carey Drive comes in here, the 34 acre parcel is this square piece back here. Mr. Brewer-So there is access off Carey Road? Executive Director Martin-There is a right of way a fifty foot right of way that extends in from Carey Drive, the river lies up here, this does not have river frontage. This is 1200 feet off the river. Councilman Monahan-And that other piece by the river is ours, isn't it? Executive Director Martin-Yes, so there is a piece here this odd shaped piece is also the Town of Queensbury land I think it was purchased at the exact same time. Mr. Brewer-Are there intentions to sell that also, possibly? Councilman Monahan-Not at this time. Mr. Brewer-I guess I want to know, what are the reasons for selling it? Just excess land? Why wouldn't we sell both pieces only one? Councilman Caimano- W e have reason to believe that there will be a good use of this land. Mr. Brewer-In otherwords a tenant? Councilman Caimano-I carmot tell you that. Yes, that is right, seriously, that is right. Mr. Brewer-Then why wouldn't you sell it directly to the tenant? Councilman Caimano-Do you want to talk about that? Attorney Dusek-The interest was expressed by QEDC to acquire the land as part of the towns industrial program as I understand it and their feeling is that they will be able to develop that for an industrial use. The Town is the Town and QEDC are setting up that transaction there is authority under not for profit corporation law which says that the Town can sell to QEDC after, that is why we are doing the public hearing, because that is one of the requirements of that section of the law. They can sell to QEDC under such terms as he deems appropriate, I might mention the Town did have a appraisal of the property made which appraisal came back indicating the value of $90,000 which is the Town's offering price to QEDC. If this goes through tonight the next stage would be contracts between the parties. But it is basically has arisen because QEDC is the primary party interested and they will do with the property as they see fit, with the Town's hope that it will be developed industrially. From the information that we currently have that is what we are lead to believe. Mr. Brewer-Presumably that is more than the Town paid for the property. Supervisor Champagne-Considerably. Mr. Brewer-OK. Unknown-Who is QEDC? Councilman Caimano-Queensbury Economic Development Corp. which is a Unknown-Where exactly is the property? That was not very clear. Councilman Caimano-Go ahead tell her again. Executive Director Martin-Corinth Road lies here, ok. Carey Drive which is currently an unused road really was installed as part of the Carey Industrial Park that has Unknown-Which is where? Executive Director Martin-It is just ...Northern Distributing on the same side of the road right next to Northern Distributing on the east side of Northern Distributing, ok. Carey Drive is a U shaped drive ..Corinth Road loops back around and comes back out on to Corinth Road. Northern Distributing to give you some bearings would be right in this area here (used map) on Corinth Road and this lies south-west of Northern Distributing. There is another reason why I think QEDC expressed only in this parcel is the southern most property boundary this parcel represents the boundary line of industrial zoning in residential zone. Councilman Monahan-You would have constraints along the river and I think, we are interested in preserving along the river also. Supervisor Champagne-Yes, Sir. Mr. Pliney Tucker-Queensbury I hate to say it but, Boy, I was around when this was done and if I remember correctly the two parcels were purchased at the same time for a landfill and in the battle that ensued the lower section there became recreation land they hired an outfit from Burlington Vermont and I believe they paid him $5,000 to design a park in that lower level. I was wondering what bearing that would have on our recreation thing now? Supervisor Champagne-Well, to my knowledge, Jim help me with this, but to my knowledge that is not set aside, that was recreational property, my understanding is, it is Rl that is salable property and is lake front, river front. Executive Director Martin-I do not think, there is still a approximately 29-30 acres that is a separate parcel that has river frontage that would not be touched and it would be my strong recommendation that the Town needs to obtain access through to that point. So, you can still Mr. Tucker-You would almost have to wouldn't you to be part of the deal? Executive Director Martin-or anything else that the Town might want to do down there, but ...there were not specific plans for a recreation area I know, it even says up here Queensbury Recreational Park and this is somewhat, this was done in 68' so the plan was even then for this lower section along the river as a park. Mr. Tucker-That was to smooth the feathers I guess at the time, that piece as a park, but it would not have any bearing on our recreation law right now? Councilman Caimano- No. Mr. Tucker-So, what would be your intentions to do with that, what's on the river? Just hold it? Councilman Caimano-We have no intentions other than leave it the way it is. Mr. Tucker-Just hold it, Ok, thank you. Supervisor Champagne-Any further comments? Mr. Sterling Akins-Corinth Road I am confused, I like Tucker I was around at the time this happened and we proceeded to oppose a landfill going in there because there was a brook going out of that area directly into the Hudson and the landfill was going right over the top of it. The Hudson River Valley Commission got an injunction against the Town and said that it could never be used for a landfill. But, from what Jim is saying here I knew the Merritt property those two pieces of property purchased one was the Merritt property and I am not positive who owned the other one, whether it was Carey or Executive Director Martin-Carey, the portion along the Hudson River was John Carey and the other portion that was the focus of this hearing is the Merritt property. Mr. Akins-Well, the Merritt property also had 50' down onto the river, it went directly across, there is a big gully that comes up to where the old Rail Road track in fact it came across the Rail Road track into the toward the Corinth Road and then there was just a narrow neck of that Merritt property went down to the Hudson River, is that going to be sold with it? Councilman Caimano-No Mr. Akins-That was part of that purchase, I was just wondering if the boundary lines have changed? Councilman Pulver-It looks like it has been absorbed into the large parcel that is along the River right now. Councilman Monahan-Did you find anything about a right of way to the river? Attorney Dusek - I did not see that. Mr. Akins-The larger parcel wasn't Merritt property that was Councilman Pulver-Whatever strip that you are talking about has been absorbed. There is not going to be a landfill there. Mr. Akins-I hope not. Supervisor Champagne-You do not have to worry about that. Councilman Caimano-Put it over in Hudson Pointe, is where we are going to put the landfill. Mr. Akins-I can't quite understand somebody wanting to put an industrial park open this up for industrial use when you have got the whole Merritt Road has been open for what three or four, not Merritt Road, Councilman Pulver-Carey Road. Mr. Akins-Carey has been opened for three or four years now and there is nothing on it. They have not been successful in selling anything and yet we plow that, sand it, every winter it is taken care of as well or better than some of the other streets with nothing on it. Supervisor Champagne-Thank you. Yes Maam, please come to the mic. Unknown-I do better then with that stupid microphone. Supervisor Champagne-Your name please just for the record. Eileen Horning-I live in Broad Acres, and is that the latest survey on that, I am an old draftsman by the way, 68'? Executive Director Martin-It is the only map that I had with me tonight. I do not know where the boundaries have changed? Nothing has happened down there in terms of conveyance of the property. Councilman Monahan-I would assume Paul, that this would have a current up to date survey for when this takes place. Mr. Brewer-It would have to change..ifyou eliminated that 50' that goes down to the river.. Councilman Monahan-Plus the fact we have got to search out that 50' too, to make sure it is not any place. Unknown-..ifI was to buy it and put a house on there I bet every law in the world would make you change it.... Councilman Monahan-I would certainly want a current survey on that. Ms. Horning-But, everybody that comes up to the microphone please speak up. It doesn't work, I am sorry, thank you very much. Supervisor Champagne-Anyone else care to speak? Mr. Beckos, do you care to say something in favor of this? Mr. Dean Beckos-For the record my name is Dean Beckos I am President of the Queensbury Economic Development Corporation and if anyone wants to ask me any questions I certain will. We are a not for profit organization formed by the Town of Queensbury in 1987. We currently are served by a nine member all volunteer, unpaid board of directors. We meet every third tuesday on every other month and basically our mission being chartered by the Town of Queensbury is to promote economic development within the Town. As the active conduit to that we were approached by a developer representing a specific tenant and who had some requirements of up to twenty acres of land. The project involves moving a manufacturing company from another state to the Town of Queensbury the procedure will guarantee at least one hundred new jobs in the area, manufacturing. The requirements of the process are that they do not need really any sewer capacity other than bathrooms for the personnel working there so we went in search of land and this is the site that we fell upon. To answer the gentlemens question Carey Industrial Park the price of an acre there was non-competitive situation so that is why the project is not sited on that parcel. Supervisor Champagne-Are there any further questions of Dean or the Board? Mr. Beckos- The only other thing the current negotiations that we are under are being tenant specific in our minds so the transaction if it does go through would be specific to this particular tenant and if that particular situation did not occur then this project would not go forth. Unknown-In otherwords you are saying, you are a voluntary group. Mr. Beckos-Correct. Unknown-You are buying this from the Town for $90,000 and then you are going to sell it to them or lease it? Mr. Beckos- Weare going to sell it to the developer that will sign a long term lease. Unknown-Where did you people get, voluntarily, where did you get the $90,000 to buy this if you are working for the Town, is that what you are saying? Mr. Beckos-In 1987 the Town set up an industrial park on Dix Avenue, forty acres ofland, Progress Boulevard. Over that period of time, land has been sold by the QEDC and the monies have been building up and that's where the funding is coming from this situation. Unknown-But, every thing we get involved in, in this County the IDA we have gotten screwed, royally and your ash incinerator all the places we bring in with all these jobs like the ... Councilman Caimano- Wait a minute you are way off on a tangent here, nobody is saying anything about IDA, no body said anything...no one has said anything about IDA's or u-dags or anything like that nobody. Unknown-Ok. But you are talking about economic development corporation right, this gentlemen said he belongs to this Supervisor Champagne-lam going to ask you to come up to the table please, get on the record just so we do have a record of the discussion. Mr. Nick Nicholson-Nick Nicholson is my name I am from the Town of Queensbury. I am just wondering you know, that is what I am trying to figure out, you know, how do you, do you plan you have got me confused. Why aren't we selling it to whoever these people are from out of State for $90,000. and not having all these by-products on this thing? Councilman Pulver-I want to say one thing the Town cannot lease land. Mr. Nicholson-No, but you can sell it. Councilman Pulver-Yes, but they are going to be leasing the land, they have an unusual agreement with an individual and it is a type of agreement that the Town could not enter into. Mr. Nicholson-Yes, but being that you know I would gather being that this organization is voluntary you must know who it's going to. Mr. Beckos- The company that is going to take tenancy of the property is not interested in purchasing the property they are just interested in long term lease situation, a twenty year lease is what is being conditioned. I think that tends to be a trend of manufacturing companies at this point in time so a developer has come in and approached us. In other words a developer is going to construct a building and put an asset of 200,000 square foot facility so you are talking upwards offour and a half, five million dollars asset that would be placed on the town. The company itself is not interested in purchasing a facility or I assume they would have come and tried to buy it themselves. Mr. Nickleson-So, in otherwords, let me get this straight. You are like a business group and you are going to buy this property and lease it to them. Mr. Beckos-No, we are going to buy it and sell it the developer who is going to lease it to this company for twenty years. Mr. Nickleson-Who is going to pay the taxes on this the developer? Mr. Beckos-I assume the company will. I assume the company will pay it through the lease agreement. Mr. Nickleson-These things are sticky, I mean the hospital just pulled one of these deals down there in Glens Falls, well, thank you. Supervisor Champagne-Anyone else care to speak? Mr. Tucker-Can I come again? Supervisor Champagne-Yes. Mr. Tucker-This land was appraised, recently? Councilman Caimano- Yes. Supervisor Champagne-Within the last thirty days as a matter of fact. Mr. Tucker-One of my favorite questions, whatever we get out of this where is the money going? What fund. Attorney Dusek-This will be credited to the general town fund, since it was purchased with general town monies originally. Mr. Tucker-Thank you. Supervisor Champagne-Any further questions? Tim? Mr. Brewer-I am just a little bit confused. I am not opposed to the project at all, because I do not even know what it is, but, the money the $90,000 goes back into the general fund now these people sell it and the QEDC is part of the Town of Queensbury what happens to that money? Do they just keep building it up, and building it up and making deals and then bottom line what happens to that money? Attorney Dusek-They are chartered Tim, to do economic development. They are a not for profit organization so they are not in it for profit making venture so what they will do as I understand it is when they are re-paid this money then they will most likely re-invest it someplace else, another parcel or another industrial development in the Town. They keep circulating that money until they reach a point where either they do not have any or secondarily that they decide to go out of business and if they do then the money is distributed in accordance with their corporate charter to other non-profit entities. Mr. Brewer-How is that any fairer to the Town if the Town set this corporation up for the Town why would they distribute it for not-for-profit organizations, why wouldn't go back into the Town general fund? Attorney Dusek-They won't you know, the plan is of course that is only in a default situation if they were into disillusion of some kind. I do not think it is anticipated that QEDC will ever go away they will continue this process, they will run the grant programs they will do whatever it is that they can do in terms of continuously encouraging development in the Town. Councilman Monahan-Tim, you know where the Queensbury Industrial Park is on Dix Avenue, well that was the start of QEDC, in fact QEDC was first charted as a corporation the original members of it were the Town Board until it was up and running and then we started bring in civilians and businessmen in the Town, I think, Fred you were one of the first outsiders that went on that board if! remember right and the idea was as we saw businesses leaving this area we figured we had to be out there actively searching for companies and have a spot for them that they could come to and that spot of course we made sure had water and sewer because we figured we could make it available to people that would need a lot of both of those and that is where AMG is now and where Valcour is the computer business Mr. Brewer-I think they have done a great job Councilman Monahan-and this is just another, the requirements of this company were a little different where they need to be near the northway they need to be near some other businesses here in town because they will be dealing with those businesses and in fact I do not think there is even, there is not enough land left in Dix Avenue, is there anything left in Dix Avenue Dean, not much is there? Mr. Beckos- Three acres left. Councilman Monahan-So, it would not fulfill their requirements, land in that area of town happen to fulfill their requirements when we went out searching for some land and this is a parcel as you well know it has got a ravine in the middle of it and everything but there is enough there, that then can use for what they need and you know, work their parking around and so on and so forth. Mr. Brewer-Are they going to require water and sewer there? Councilman Monahan-They have water, they do not require sewer. Mr. Brewer-They don't? Councilman Caimano-No, just sanitary sewers for as Dean mentioned just sanitary sewers for the bathrooms. Mr. Brewer-They are going to have a septic system or whatever. Councilman Caimano- Yea. Councilman Monahan-Their requirement for sewers is very low. Mr. Brewer-I do not know how an industrial company cannot have a need for water and sewer. Councilman Caimano-Ifit goes through you will see. Mr. Brewer-I guess I will. Councilman Monahan-It is a kind of a process that does not require much water or at least not the sewer end of it anyway. Councilman Caimano- Not that facility anyway. Yes, Mrs. Horning? Mrs. Horning-I am just curious as far as the geology ofDix Avenue and that area, in order to put water and sewer in you have got to dynamite. Councilman Caimano-It is there. Councilman Monahan-That is already there. Mrs. Horning-It is not all in. Councilman Monahan-Yes. ... Councilman Caimano- Where our industrial development park is, it is. Mrs. Horning-Well, ok, thank you. Supervisor Champagne-Anyone else care, yes. Mr. Akins-I have one other question. If this company goes in there, will this require another survey similar to Hudson Pointe as far as ecology and environmental. Councilman Pulver-It will require site plan review by the Planning Board. Mr. Akins-Historical sites and so on. Councilman Pulver-Yes and a SEQRA. Mr. Akins-It is similar property to what the Hudson Pointe was looking at along the river bank, I realize that you are not going down the river but there is a big flat down the river that is just wetlands and up on the hill it is all big pines and very similar to what Hudson Pointe is. Councilman Caimano-It will require site plan, SEQRA and everything else. Councilman Monahan-They go through the Planning Board just like everybody else. Supervisor Champagne-Any further questions? I will close the public hearing. Councilman Monahan- I just have a couple of comments I would like to make a number one that the Attorney check out that fifty foot right of way that we apparently don't seem to know anything about and also as I read this I want to make sure that we are preserving our interest in a right of way to reach that other piece of property that we own. Attorney Dusek-That is why the resolution was worded the way it is, at the very end it indicates that there will have to be a contract prepared by my office to be further approved by the Town Board before the Town is bound or obligated in connection with the sale so rather than try to address all of those issues in this resolution I thought it would be wiser to put together a contract and then just simply have you present the contract to you for your approval. Councilman Monahan-Ok. RESOLUTION DETERMINING CERTAIN TOWN OWNED PROPERTY TO BE SURPLUS AND AUTHORIZING SALE TO QEDC RESOLUTION NO.: 144.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Dr. R. George Wiswall 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, 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, a copy of the Appraisal Report having been presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury, in accordance with the requirement of ~ 1411 of the Not -for-Profit Corporation Law, has held a public hearing to hear all persons interested in the proposal, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after having held a public hearing required by the Not-for-Profit Corporation Law, ~1411, hereby finds that its previous findings that the parcel of land described in the preambles hereof is not suitable for landfill purposes, not needed for other Town purposes, and is appropriate for QEDC to utilize in connection with Light Industrial development, are still appropriate, and BE IT FURTHER, RESOLVED, that the Town Attorney is hereby authorized to prepare a proposed contract for the sale of the property described in the preambles of this resolution, at a sale price of $90,000, such contract to be further approved by the Town Board of the Town of Queensbury before the Town is bound or obligated in connection with the same. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None PUBLIC HEARING PROPOSED LOCAL LAW SNOW AND ICE REMOVAL NOTICE SHOWN Supervisor Champagne-Proposed local law regarding sidewalks...! will open that public hearing. Councilman Monahan-Have there been copies for anybody that wants it I wonder? Town Clerk-They have been in my office and no one has picked them up. Councilman Pulver-I did send a copy of this to Kathy Faucet, Kathy Faucet was the gal that originally brought this to our attention when we had our first neighborhood meeting at West Glens Falls. Her son had been walking home from school in the middle of the road and a truck came by and it had a hook on the back and grabbed the his book bag and jacket and fortunately he was not hurt but they had, they had asked for quite a while for some sort of sidewalk law to have the sidewalk shoveled. Well, we worked ahead, got the law we got our highway dept. over there and everybody got shoveled out and then we had two foot of snow again and I mean they shoveled and they chipped because it was ice and so forth and we are back to the snow. But, hopefully this is going to prevent that from happening the sidewalks from building up with snow next year and that is one of the reasons for having this law. It was requested by the citizens. Councilman Caimano-We should talk about a couple of the things without reading the entire, the entire law. Snow and ice shall be removed within 24 hours after the end of a snow fall or other form of winter participation such as but not limited to sleet or freezing rain. Sidewalks in front of commercial establishments and commercial parking lots shall be kept free of snow and ice at all times even during a snow fall between nine and five. It talks about making sure that severe icing is taken care of but no salt, calcium chloride, sodium chloride derivatives or other corrosive material shall be used. The people will have four hours after notification by Town to remove the snow or ice and then if they do not do so the Town will let them know about it and they will be, in the event it should become necessary for the Town to arrange or cause the removal of snow or ice from the sidewalk in the Town of Queensbury when property owners fail to remove the same following the snow storm as set forth herein or within four hours of receiving notice from the Town the Director of Accounting Services shall promptly present to the owner or occupant of any occupied, affected property a bill for the actual cost of removal of the snow and ice. If not paid within thirty days the cost thereof shall be assessed against the property and become a lien thereon, collectable upon the same manner as delinquent taxes. Owners and occupants of buildings or other structures adjacent to public sidewalks shall prevent the falling of snow and ice or water from such buildings upon said public sidewalks. You cannot throw snow or ice in the street any person who violates any provision of this article shall be guilty of an offense punishable by a fine not exceeding $250.00 or imprisonment for a term not exceeding 15 days or both. Councilman Monahan-Nick, go back to page 4B I think that is rather interesting. Councilman Caimano-4B The four hour notice referred to in this section shall be given by a Town Officer or employee in writing and shall be deemed sufficiently served: a. by either personally delivering the notice to any owner of the property adjacent to a public sidewalk as the Town may determine by reviewing deeds on file at the Warren County Clerk's Office; or 2. By delivering the notice to a person of suitable age, what does that mean I wonder, of suitable age and discretion at a business, dwelling place, or other structure located upon the property adjacent to a public sidewalk; or 3. By affixing the notice to the door of either the actual place of business, dwelling place, or other structure located on the property adjacent to a public sidewalk; or 4. By publishing a general notice to all property owners in the Town of Queensbury in the official newspaper for the Town of Queensbury that all public sidewalks must be cleared by a time set forth in said newspaper notice, which time shall not be earlier than 1 :00 p.m., on the day the newspaper notice is published. At 1:00 p.m., all property owners adjacent to public sidewalks will be deemed to have received four (4) hours notice. Mr. Pliney Tucker-What department is going to enforce it? Supervisor Champagne-Why don't you come up to the mic, Pliney just so we have the record. Councilman Caimano-Building and Codes is going to enforce it. Building and Codes is going to enforce it, if that is the question. Mr. Tucker-Can I go back? Councilman Caimano- I thought it was on this number three by affixing the notice to the door I had this vision of that little round man going around with a hammer and nails and putting notices on doors. Supervisor Champagne-Mrs. Horning. Mrs. Horning-I am going to be a real pain the fanny. All right, I have to leave at seven o'clock in the morning to drive to Schuylerville to teach. I come home at close to three o'clock and all of a sudden I find that the Town of Queensbury have been very diligent and plowed in the end of my driveway. Fine I clear it up I am not supposed to be digging and then the Town of Queensbury very diligently comes back at ten thirty at night and plows into my driveway again but this time it's been freezing. I really, I think that is unfair all I get out of the Town of Queensbury as far as services are concerned are a royal case of plowing period. Maybe twice a year we see the guy you know with the sweeper. I really feel that, my neighbors also feel the same way. Councilman Caimano-So, do I, but let me ask you a question. Mrs. Horning-Yes. Sir. Councilman Caimano- If you had to do the job or I had to do the job and we have driveways every ten or fifteen or thirty or forty feet how could we plow the streets and lift the blade of the plow so that the snow would not go into our driveways. Mrs. Horning-Hey, the Town of Moreau does it. Councilman Caimano- They do? Mrs. Horning-Yes, they do. Councilman Caimano-Paul, would you go to the Town of Moreau and find out how that is done? Highway Supt. Paul Naylor-What. Councilman Caimano- They found a way to keep the driveway clean. Mrs. Horning-Mr. Naylor has been a really fantastic over the years and I cannot complain about my street being plowed but when I come home at three o'clock in the afternoon and find this much snow plowed into the end of my driveway and I am not supposed to by my doctors orders plow and dig this out, what am I supposed to do? And then they come by at ten thirty at night just as it is freezing Highway Supt. Naylor-I think we should sleep more and do less plowing... Supervisor Champagne-I am really, Mrs. Horning I am sorry but we are getting off the sidewalk public hearing issue. Mrs. Horning-I do not feel that we are and I have put up with this for twenty two years. I am sorry, you know, and all I get out of the Town of Queensbury basically is a large bill for my sewer and plowing period. Supervisor Champagne-Thank you, anyone else care to speak? Yes, Maam? Mrs. Barbara Pallozzi-Ridge Road, Queensbury I have part of a sidewalk on my property and I fully appreciate and understand everything this woman just talked about. I really do not feel that it is necessary to legislate common sense because a lot of what is in here is common sense, but there is a lot more involved here then common sense. I think you have to look at where the sidewalks are in Queensbury, there aren't too many. I think you have to look at what their uses are and what they have become. They have become depositories from mega amounts of snow. I, we have always maintained our driveway and our sidewalk to a point. I made up my mind this year on Martin Luther King Day that I would never again touch my sidewalk. We are very fortunate this year to be plowed for the first time by the New York State Dept. of Transportation and they are plowing Ridge Road as if they were plowing the Northway. I was struck with that snow from head to toe, had ice in my hair, my eyebrows and my eye lashes all the way up and down the street the mailboxes are broken and they are not broken because they have been hit by a plow they have been hit by flying snow. If you have a fifteen or twenty inch snow fall you have that much snow in your with the width of your sidewalk but ... also have all of that snow from the road it is on the sidewalk. I think that is it too much to expect a property owner to maintain. We are not there to remove snow on behalf of the State of New York. Under State Highway Law sidewalks in a Town along State and County Roads are the responsibility of the Town in which they are situated. I have talked to several Highway Superintendents in many towns in many counties. In order for you to get a sidewalk along a State Road you have to pass a resolution and there has got to be all sorts of stuff in there and I have been told by several Highway Superintendents that in order for you to get that sidewalk as part of that resolution you have to agree to maintain the road. Councilman Caimano-Maintain the sidewalk you mean. Mrs. Pallozzi-Well, yes, ok. Not once, not ever in all the years that I have lived there and my house is paid for has the Town ever maintained the sidewalk. I mean if we are going to have to do it we are going to need your help, because we cannot be responsible for removing four feet of snow every time it snows, because that is not what is coming out of the heavens. That stuff from the road its heavy, it is very heavy and a lot of people are not physically capable of doing it. As I said I have talked to many, many towns every single one that I talked too with the exception of three who claimed that they have no sidewalks along State and County Roads maintain all the sidewalks adjacent to County and State Roads. Because the plowing techniques are different they say that they are not capable of keeping up with DOT, some of them do it by private contractor some of them have sidewalk plows, some of them have one piece of equipment they said it cost $45,000 and they still cannot keep up with DOT. Have you given any consideration to the Town maintaining the sidewalks. Councilman Caimano- Yes. I want to get to that point. Mrs. Pallozzi-My next question is what would it cost? I mean we are taxpayers too and you are not plowing our roads, well I am not on a Town Road. Councilman Caimano-Just a question, it was a shock to me too. What is the number of miles, how many sidewalks, there are more sidewalks than you think there are, somebody has the number. Mrs. Horning-There are not that many. Councilman Caimano- Yea, there are. Somebody has that number. We did that when we started to think about paving sidewalks. It turns out that there is a lot more sidewalks then we think about in the Town of Queensbury. Somebody has that number, secondly Mrs. you mentioned something about that along the State right of way, what did you say about the State law says that... Mrs. Pallozzi-State Highway Law says that a Town has to maintain sidewalks along State and County. Attorney Dusek-She is right. Mrs. Pallozzi-And you know, there have been numerous opinions formally years ago they were written by the Attorney General's Office they are now written by the State Comptroller's Office, it is your job. I mean, its, that is what they state. Supervisor Champagne-I think we understood that to be our responsibility. Mrs. Pallozzi-Ok. If you were to pass this as written I just, I cannot resist, Mr. Dusek, did you write this law? Did you draft this? Attorney Dusek-Yes. Mrs. Pallozzi-I knew a woman did not draft this, because no woman would allow you, go to 149-13. Severe Icing. There isn't a woman that would allow anybody in their house with that stuff on their shoes. I do not know where, I do not have ash in the house I do not have sawdust in the house and if you think sand is going to do the job guys, did anybody have occasion to drive around the City of Glens Falls this winter when they cried no salt? Those roads were a disgrace. If we cannot use something that is going to take care of the ice what is the point? None of this stuff is going to work. If you get a freezing rain storm in Long Island or Richmond Virginia they are devastated, they are paralyzed for two days, but it melts in two days. We have got it or the duration. This stuff is not going to take care of it. Councilman Pulver-We seem to have a double standard here. Mrs. Pallozzi-Well, you use that stuff on your roads and obviously because you need it. Councilman Pulver-What we are trying to do is to keep Mrs. Pallozzi-I understand what you are trying to do and a reasonable person is going to shovel. Councilman Pulver- the sidewalks intact so for our citizens but we want the homeowner to shovel them and keep them clean without using any kind of material that is really going to keep it clean so we have kind of a double standard here. Mrs. Pallozzi-Even with some of the time constrains if you look at the driveway configurations like not everyone has my situation but I have a hill and we have to work on that hill. The drive, the sidewalk is going to come last. I mean it will not do any good to have a pedestrian or anyone else around attempting to use the sidewalk because the car is going to slid down the hill and they are going to slid into the road and that is a much more dangerous situation. I know that you say you cannot put the snow in the street and you do not even need that language in here because that is illegal anywhere in the State of New York. Well, I watch people around me do and what do you think they do with that stuff that is left in the bottom of the driveways? And, if you start getting that much more snow in the streets you are going to have, nobody is doing forty miles per hour on Ridge, they are going to be barrel, you know what, along they are going to hit that snow and there is going to be an accident and somebody is going to get killed. Supervisor Champagne-Well, obviously you have heard the earlier description of the child out on Corinth Road and you know. Mrs. Pallozzi-And I knew exactly the truck, I travel the Adirondack Northway those trucks always travel in pairs, I have seen them almost get vehicles. I think if that child was in a cross walk with a crossing guard that same thing probably could have happened because I see how they drive, that is reckless driving. Councilman Caimano-But the point was, that the child could not walk on the sidewalk completely because the sidewalk was unwalkable. That was the point. Mrs. Pallozzi-And the point is too, if that child was on a sidewalk and that truck was going at a pretty good clip and was close enough to the sidewalk that could have come out and still have gotten the kid. I have seen it on the northway, I have seen them almost get the windshields of the cars behind them as they are changing lanes. Those trucks always travel in two I knew exactly what it was when I read it in the paper. We need your help folks, we can't do these sidewalks like this, not under the plow, not with what we are getting. Supervisor Champagne-I think what we are trying to do here is to take both parties that have some responsibility for the health, safety and welfare of the towns people and in the process try to keep costs down to the taxpayer, total Town of Queensbury paying for those few sidewalks that do appear in the heart of the Town. Mrs. Pallozzi-Well, then would you consider adding some language here, it says you can't put anything into the streets, could you have a language where you cannot put anything onto the sidewalk? Supervisor Champagne-We may want to take a look at that one, I do not know where you got that Paul, where you cannot use calcium chloride or anything like that? Mrs. Pallozzi-No, no, no, that is not what I am trying to say. Supervisor Champagne-What are you saying? Mrs. Pallozzi-Let's make sure the plow operators don't put anything on the sidewalk from the street. Supervisor Champagne-Oh, excuse me I am sorry. Mrs. Pallozzi -That is a little bit more difficult. You know if you look at cities they are traveling at lower rates of speed I can remember when the county was doing it, if I was on the sidewalk shoveling they at least had the consideration to slow down and you want to know what happens when they slow down it does not go up and over twenty five thirty feet. But, I do not think you are going to get them to reduce their speed, they have got schedules to meet etc. Supervisor Champagne-Ok. Thank you. Mr. Steve Sutton-Queensbury I think Pliney brought up a good point and that's enforcement. We run into this with the sign ordinance all the time, I think you are opening, you say the building department is going to take care of it. I mean are we going to be, I find the sign ordinance kind of like pitting neighbors against neighbors, where you live in a section where you have someone who cares about the signs you do not get away with anything. But, if you happen to live in an area where nobody really cares you can kind of do what you want. That's, it comes down to enforcement I mean I do not see you being able to enforce. Who is going, is it up to the neighbor to complain about the next neighbor as far as snow removal on the sidewalks? It is an enforcement issue, I have always been frustrated with enforcement, on different? Councilman Pulver-Are you asking us Steve if we are going to go out patroling the sidewalks? Mr. Sutton-Yea. I mean why pass a law if it cannot be enforced? Councilman Pulver-I do not know, are we? Mr. Sutton-I do not see it happening. Councilman Monahan-I see that you are going to send someone out there with a notice and their hammer and nail and after every snow storm and start hammering the doors. Mr. Sutton-It is not going to happen and you know that. Councilman Caimano-Jim, you started to say something. Executive Director Martin-I, give you a lot of man hours to do that if you want to do it every storm and look at every sidewalk. Councilman Pulver-Or are we just going to go out when someone calls and complains? Are we going to go out policing it or are we just going to go out when someone calls and complains. Mr. Sutton-Then it is arbu.....y I mean its. Executive Director Martin-I have to be honest in reality I do not see.. Councilman Caimano-In fact though thats what happens most of the time. Mr. Sutton-Yea. That is my point. Councilman Caimano- The police man is not there when the robbery is taking place the fireman is not there when the fire...the fireman is not there when, but you bring up a good point and that is the fact that we should not pass a law unless we have a way to enforce it. Councilman Monahan-Without being arbitrary and capricious, because then you could be taken to Court and you are in a big fat mess. Mr. Sutton-And at the same time not being too aggressive its, that is a tough one I think, but anyway. Supervisor Champagne-Yes, Maam. Ms. Kathy Fawcett-My name is Kathy Fawcett Supervisor Champagne-Hi, Kathy, good to see you again. Ms. Fawcett-My son was the child that was hooked. I hear these people's complaints and I can understand them. First of all I would like to thank the County and the Town for cleaning the sidewalks that they did. I slept a lot easier believe me. Councilman Monahan-Kathy would you bring the microphone closer to you, because they cannot hear you in the back of the room or even right behind you. Ms. Fawcett-Ok. I can understand and I appreciate the law that you have on the books. My question is, like the other people is who will enforce it. I mean, I wrote letters to the people on my street, I went to their doors and knocked on doors and asked them to clean the sidewalks after my son was hooked. Nothing was done until I contacted the Board. I think I spoke to just about ever member here until something was done and it was done. But, my question is who will enforce it? If my son cannot walk down the street or my other son cannot walk down the street who do I contact? Will something be done? By passing a law I would love to see this law passed. But, I would also like to see it enforced. Councilman Pulver-Well, as it stands right now, and with other things that we have if you called the Town and made a complaint you would probably take to Mr. Martin's department and then they would send someone out within a reasonable period of time, 24 hours or whatever because if all the men were out he would have to wait until one came in or whatever and that would start the process of enforcing who ever it was that was not complying to the law. What Mr. Sutton was bring up is that do we have to wait or Kathy Fawcett to call us and say they are not complying or are we going to send someone out after every storm and check to see that the sidewalks are done? We do have enforcement but are we going to have constant you know, out there on our own enforcement or is it going to be enforcement after someone leads us to the problem? Attorney Dusek-I should just mention, you know, when it comes to enforcement just pure enforcement any law enforcement officer of the nature of the State Troopers the Sheriffs etc. always are authorized to enforce the code so if a complaint was made with one of them too they would have the necessary authority to enforce it. But, as Carol indicates I think the larger issue is, how are you going to make sure that the sidewalks are in fact clear on a regular basis as opposed to waiting for somebody to file a complaint? Supervisor Champagne-I made a personnel visit to that area shortly after we Ms. Faucet-Yes, I know you did. Supervisor Champagne-I have to tell you those sidewalks were well above the six and the seven foot height, we are talking about right there at the city, town line on Corinth Road, and probably for a good, help me Paul quarter of a mile maybe a little beyond that there was no way that I could see anyone walking on those sidewalks until the fourth of July. I mean that is how bad it was. As the roads narrow ok, we had the kindergardeners walking to the elementary school I guess my personal human feeling were that something needed to be done and fast and that was when our Town in cooperation with the County went up there and did bail it out for us. Unfortunately, a few days later down came another foot and a half of snow I rode back up there and we were basically in the same dilemma. Now, I feel this board has a responsibility for the health, wealth, and welfare of our youngsters and I think as we looked at that we readily realized that something had to be done and rather urgently. Now, maybe we are rushing into this maybe there are some other options maybe we have got to look at cost associated with the Town, the County continuing to do that kind of thing. We do have sidewalks that are far more critical in terms of the safety aspect then other sidewalks and I think we probably need to recognize that. There may need to be some designated areas, I do not know legally whether we can do that or not. I will give you another for example, the sidewalk that goes up along Route 9 in the back of the Northway Plaza, now, there is no way you are going to be walking on that one until the fourth of July. But, I do not know how many pedestrians go up and down Miller Hill during the month of January, February, March? So, maybe some kind of a re- examination of where we stack up in terms of usage may. Councilman Caimano- W e have a couple of things going for us, first of all I think there is some excellent questions and I think that we need to stand back a bit and one of the things that we got going for us is that it is spring. So, we have some opportunity to think about what several of the people have said and come up with a better law I do not like, I personally, I agree with Steve, I do not like a law that leaves hanging in mid air who is going to look after this law? That is just not right, just as it is nice thing for us to do but it does not accomplish anything. So, I think we ought to look at that. Councilman Pulver-Is there a way that maybe we can just set aside and identify our critical areas and make our law specific to the areas where the high concentration of children walking the streets because of having to go to school. These are children that are going to Glens Falls School, live in the Town of Queensbury. Attorney Dusek-Part of your problem is, I think it was mentioned earlier that the State and County roads when ever you adopted resolutions in the past you have said the Town will in fact maintain those so I think right away no matter what you do you are looking at including in your maintenance plan those particular sidewalks because you are obligated to do that. I think what you are going to find is that you are going to be, you still end up with almost all of the sidewalks in the Town included. Ms. Fawcett-What I would just like to say is I know Spring is here, today is the first day of Spring Councilman Caimano- Yes, it is. Ms. Fawcett-I just hope that it is not just put on the books like it was with the last board nothing was ever done. I think something has to be done I think lives are endanger you know this was a bad winter hopefully next year it will not be as bad. But, people should be made to maintain their sidewalks I think for the safety of other people. I just hope that now that spring is here that everybody just says well lets forget about it until winter and then we have the problem again. I think something should be done. Councilman Monahan-Kathy, just a question for a matter of information. After the Town and County clear them as Fred said we got another bad snow fall, not quite as bad as one previous but still another heavy one what happened to those sidewalks then? Ms. Fawcett-They were not cleaned. Councilman Monahan-Could you get through them or you had to get back to the Road again. Ms. Fawcett-After the first experience with my son, he knows not to walk in the road, so he trudged through it. It's better to trudge through it than to lose a limb, unfortunately. Councilman Monahan-I am looking at that snow storm there is 30" of snow, I am looking at whoever plows the road throwing at least another 30" on top of it of snow and ice, there is 60" which is five feet, there isn't anybody I know unless Arnold Schwarzenegger somebody like that Councilman Caimano-Jim Martin Councilman Monahan-can go out and move sixty inches of snow with a shovel, there is very few snow blowers that will get through it, and I do not really know how a private homeowner is going to address that problem. Supervisor Champagne-I think I hear her saying that we need to withdraw the... Executive Director Martin-The City of Glens Falls for a couple of years took out some of their CD money and they had a program where they went around and cleared the sidewalks of the elderly but it worked pretty well and they did it with a private contractor and I know everyone is going to say well then we are paying you know for the benefit of a few the whole town is bearing the burden but you are going to have the same problem if you have the responsibility of the people and then you have to have enforcement time and money sent enforcing that you are still going to be spending the money of the general fund for the good of the few. What about going out for a private contract, a contract was written the snow had to be cleared in so many hours after the storm ... Councilman Monahan-You know what I would like to see first is a map of this town with all the sidewalks marked on it. Councilman Caimano-I know we heard something like twenty miles of sidewalks. Councilman Monahan-I would really, I do not think we have done an inventory I do not think we have a map I do not think we have the distance between the sidewalk and the road or the street in otherwords is there any land inbetween for the snow to land on or is it all going into the .. Councilman Caimano-Ifwe withdraw it, what I guess what I do not want to do is to disappoint Kathy either if we withdraw it I think we should put a dead line on when we are going to have an answer for this thing. Councilman Monahan-We do not have to withdraw it we can Councilman Caimano- W e just do not vote tonight. Councilman Monahan-Just don't act on it that is all... Unknown-Table... Councilman Caimano- Thank you. Thank you very much guys, I really appreciate their help. Councilman Monahan-You could have the public hearing, close the public hearing. Ms. Fawcett-Could I ask one thing? Supervisor Champagne-Sure. Ms. Fawcett-How long will it be tabled for? Councilman Caimano- That is what I just said, that is what we are trying to decide. I don't want to do what you suggested might happen. Councilman Pulver-Probably just until we can get some more information, maybe speak with a private contractor to see what the cost would be, speak with our Highway Supt. and rattle his brain and see what kind of ideas he has if the town has to take it over, how much equipment are we going to need Mr. Naylor. There are sidewalk plows, you know, so we will have to look into that. Councilman Caimano-We will not let it go forever. Supervisor Champagne-In fact I would ask you to call our office in another three to four weeks. Councilman Pulver-The worst is over Kathy the law is written, the law is here we just haven't acted on it. So, it is just a question on now of satisfying everybody. Mr. Nick Nicholson-I already told, the most important thing Supervisor Champagne-Your name again please, for the record. Mr. Nicholson-I have to tell everytime? Nick Nicholson, still in the same town, the lady is right the most important thing we have in town there are people. But, to answer the problem, laws always restrict and the more laws that these towns and you people make all you are doing you are putting a burden on your own people. Answer the problem don't make laws, and as far as this I do not know if our man that runs our roads, but he does a hell of a job and he lives up my way and that is why I think he does a hell of a job but Councilman Caimano-Would you like to serve on a committee to help us answer that problem? Mr. Nicholson-No, well I would be glad to give you what I am telling you right now, I personally think that her boy is worth everything and I raised nine kids in this Town and I do not have sidewalks I do not have to worry about any of your restrictions but you will restrict by making laws. And why not, and I do not know if I am for contracting it I would be more rather to pay a few more dollars if it was any too great I would like to look at the numbers and I do not know if he would be willing to do it but like you are saying on the State ones you have got to do anyway, really if you want to get right down to it. This lady here she is right. All the State ones we got on Ridge Road and Bay Road by law you have got to do them anyway. Councilman Monahan-I think people are mis-confusing something. It is my understanding by this law what we are saying, we are turning our duties on State and Town highways over to the individuals that live along them. Am I correct in that? Mr. Nicholson-You cannot do that. Attorney Dusek-All sidewalks Councilman Monahan-All sidewalks no matter what kind of a road runs down there. Mr. Nicholson-If we are talking about going up the Corinth Road, you know possibly the Corinth Road does fall under and other roads that you are saying, so I am sure you have got some places that we have to take care of. Councilman Monahan-The law says we have to do Supervisor Champagne-Wait a minute Betty. Councilman Monahan-Paul wants to say something. Highway Supt. Naylor-Wait until he gets done. Mr. Nicholson-That is all he has got to say. Paul, do you think this thing would be too massive a thing or what? Highway Supt. Naylor-Yea. We can't... Mr. Nicholson-But you throw the snow, you know what these people are saying is the truth, Paul, on a bad year like this, truthfully now, you know where I live, hey listen I have a snow blower and I have got a big one I got an eight horser and when you guys fill my yard I am telling you I cannot blow it out of there. Highway Supt. Naylor-You are right. We live just between highways and that's what it is all about. Mr. Nicholson-And you do a good job. Highway Supt. Naylor-Yea. But, that is the end of it, see, when you talk about if you are going to tell them the rest of the story, right about sidewalks and the law, it becomes under the general fund, any Town Board Member like certain individuals in the back ok'd sidewalks when they ok sidewalks they ok to maintain them, that does not mean it is a highway maintenance ...the town. The Town has to maintain them and it comes out of your wallet and you do not have a sidewalk I do not have a sidewalk we have got to pay, now the folks that has got sidewalks in front of their house, maybe they do not even walk on them but they are supposes to pay for it. Maybe you have got to have a sidewalk district maybe the folks in that district they have got to pay for it. Maybe the resolution has got to be done. Mr. Nicholson-So, you would rather have a law drawn up so that some little old lady that cannot clean the sidewalks. . Supervisor Champagne-Wait a minute guys we cannot get into an argument, one person to a microphone at a time please. Highway Supt. Naylor-We got street lights out there that we pay for Mr. Nicholson-Yea, that is the way to go. Highway Supt. Naylor-That is what I am saying. Supervisor Champagne-It is not good to have a conversation between two people here we are going to have one person speak at a time and you are going to have to wait your turn maam. Highway Supt. Naylor-You have got a light district we all pay for the lighting district, there is a lighting district, each district pays for their own lights if you do not have lights you do not pay do you? That might be a way to do it. Mr. Nicholson-Yes, I think there are alternative plans out there. Supervisor Champagne-I think that is what we need to look at. Eileen Horning-I am sorry Supervisor Champagne-Your name please for the record. Eileen Horning-Eileen Horning, I live on Broadacres Road, I have been paying Seventy Bucks a year for lights that we do not have, not even at intersection. Supervisor Champagne-Again, let's just stick to the issue which is... Eileen Horning-Now, as far as sidewalks are concerned my sidewalk was put in, in 1934 four years ago because it disintegrated I had to pay nine hundred dollars to pay for seventy feet of sidewalk because the Town of Queensbury said oh, we do not have enough sidewalks in the area to declare a sidewalk commission, now that hurts. Supervisor Champagne-We appreciate that. Eileen Horning-It hurts, and then we get into sewers, that is the other thing. I pay five hundred dollars a year for that. Supervisor Champagne-Where are we with the sidewalks? Councilman Caimano-Needs more work. Supervisor Champagne-It is the opinion of the Board that we close the public hearing we will not take a vote on sidewalks tonight but rather we will table them and you can come back in another month or so and I am sure you will hear more about sidewalks. Thank you. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 145.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of February 28, 1994. Duly adopted this 21st. day of March, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1994 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 3, TO BE ENTITLED "ADVISORY BOARDS", WHICH CHAPTER SHALL PROVIDE FOR THE ESTABLISHMENT OF ADVISORY BOARDS FOR THE PURPOSE OF ACTING IN AN ADVISORY CAPACITY TO THE TOWN BOARD OF THE TOWN OF QUEENSBURY RESOLUTION NO. 146.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1994, A Local Law to Amend the Code of the Town of Queensbury by adding a new Chapter 3, to be entitled "Advisory Boards", which Chapter shall provide for the establishment of advisory boards for the purpose of acting in an advisory capacity to the Town Board of the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 4th day of April, 1994, to consider said Local Law No. _, 1994 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1994 in the manner provided by law. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT : None Discussion held-Attorney Dusek-That particular local law would authorize the Town Board to establish by resolution anytime basically that they see fit in connection with an action or an issue or a function or a project of the Town to set up an advisory board to assist them in terms of providing them with information, giving them opinions getting basically a group of people together that might research and provide information to them regarding whatever the topic maybe. That board would not have any town authority they could not bind the town in any fashion would strictly be advisory or serve an advisory capacity to the Town Board. The local law in addition sets up, how the board will be established in terms of number of members that would be left to the Town Board discression officers voting rights terms of office qualifications. Basically, and it also sets the procedures for the Boards how they should function in terms, they have to give public notice their meeting have to be open etc. Number of other things, written minutes, things that you might normally expect that a committee would follow. It provides for that the Board Members would serve without pay although out of pocket expenses for photo copies, postage, whatever could be paid by the Town but it would only be after Town Board approval and it provides for removal of Board Members as well as abolishment of the Board if and when that should be necessary because its function is no longer needed or it has completed its purpose. It is just a general authorizing statue with guidelines set up if you will for Boards. Once this is passed the Town Board would then be free to set up advisory committees on topics of its choice. RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 147.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS 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 ATTORNEY: RESOLVED, that the funds be transferred as follows, for the 1994 budget: FROM: 01-1420-1890 (Conf. Legal Secretary) 01-1420-4050 (Books, Pubs. & Subscriptions) 01-1420-4400 (Misc. Contractual) CEMETERY: FROM: 002-8810-4400 (Misc. Contractual) WATER: FROM: 40-8330-2001 (Misc. Equip.) 40-8340-4240 (Repair Parts) 40-8320-2899 (Capital Constr.) and BE IT FURTHER, TO: 01-1420-1890-0002 (Conf. Legal Secretary Proj - Overtime Earnings) 1,000.00 01-1420-2032 (Computer Software) 1,050.00 01-1420-2010 (Office Equipment) 400.00 TO: 002-8810-2899 (Misc. Capital Construction) 1,940.00 TO: 40-8310-2010 (Office Equip.) 1,000.00 40-8340-4810 (Equipment Rental) 1,000.00 40-9950-9098 (Transfer to Plant 17,400.00 Expansion Capital Project) RESOLVED, that the 1994 Town Budget is hereby amended accordingly. AMOUNT: AMOUNT: AMOUNT: Duly adopted this 21st day of March, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING SALE OF SCRAP METAL RESOLUTION NO.: 148.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the sale of scrap metal located at the Town of Queensbury Landfill, and WHEREAS, a set of Bidding Documents including a Notice to Bidders has been presented at this meeting which documents provide for the advertisement for sale of such scrap metal and also provide for a Bid Proposal, Non-Collusive Affidavit and Contract of Sale, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Clerk to advertise the Notice to Bidders presented at this meeting and the said Town Board of the Town of Queensbury hereby further approves and authorizes the use of the Bidding Documents including the Contract of Sale presented at this meeting, and BE IT FURTHER, RESOLVED, that any funds obtained from the sale of said scrap metal shall be deposited in the Landfill Operations Account. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING THE RETENTION OF HUDSON ENVIRONMENTAL SERVICES, INC. FOR WATER TESTING AND SAMPLING AT THE TOWN OF QUEENSBURY LANDFILL RESOLUTION NO.: 149.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, it is necessary for the Town of Queensbury to arrange for water testing of wells situated at the Town of Queensbury Landfill at Ridge Road, and WHEREAS, the Landfill Superintendent, James Coughlin, has previously solicited quotes for the testing of the wells and waters at the Landfill from three different companies, and WHEREAS, Mr. Coughlin advises that Hudson Environmental Services, Inc., was the company which provided the lowest quote, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the retention of the services of Hudson Environmental Services, Inc., for the purpose of water sampling and testing as may be required at the Landfill at a sum not to exceed $10,000.00, to be paid for from Account No.: 92 8160 4400, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to make such arrangements as may be necessary to carry out the purposes and intent of this resolution and should it be necessary for the Town to execute any particular agreement with regard to this service, that the same shall be in a form to be approved by the Town Attorney. Duly adopted this 21st day of March, 1994, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES : None ABSENT: None Discussion-If for anytime during the year we should see a reason for changing to a different lab I am assuming we can because this is not for any particular length oftime...Attorney Dusek-The resolution indicates that you cannot exceed $lO,OOO...you are free to set the time frames...(it was agreed to leave the time frame open) RESOLUTION AMENDING POLICY REGARDING TOWN AUTOMOBILE USE RESOLUTION NO.: 150.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, previously adopted by resolution no. 28, 92, a policy concerning the return of Town automobiles to Town offices at the end of each workday, and WHEREAS, the Town Board of the Town of Queensbury has reviewed that policy as it applies to particular departments and finds that good and sufficient reasons exist, including the need and timing of visits to pumping stations, for the Superintendent of Waste Water to have immediate and regular access to a Town vehicle, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Superintendent of Waste Water to take the Town vehicle assigned to him, home at the end of the workday, and on weekends, so that he may be able to use the same when he visits the pump station or is called out on an emergency situation concerning the sewer pump station, and BE IT FURTHER, RESOLVED, that the aforesaid policy is revised to the extent of providing the exception set forth herein. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion-Councilman Caimano-About a year ago we took the cars and parked them in the lot at night under res. 28 of 1992 the waterwater Supt. was using his own vehicle at his own expense to do work that he has to do for the Town, for example during the weekend on Saturday and Sunday he does testing, it is apparent that it was costing him money and he never even put in for mileage...we felt it was a reasonable request... Supervisor Champagne-noted he needs to be in communication from the location of the testing... RESOLUTION AUTHORIZING DISPOSAL OF ROAD SAND RESOLUTION NO. 151.94 INTRODUCED BY: Mr. Nick Caimano MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Highway Superintendent sweeps roads each year and collects therefrom sand, which the Town Highway Superintendent advises has generally no further use for winter sanding, and WHEREAS, the Town Highway Superintendent has also reviewed with the Town Board the cost of trucking the sand to disposal locations and advises that the most economical solution to the Town is to dispose of the sand at the nearest possible place, since the same has no value and the Highway Department is incurring costs for manpower and trucks in delivering the sand to particular locations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that, unless the sand is needed for particular Town purposes, which, at this time, the Town Board determines it is not, it is obsolete material and has no appreciable market value and that it is in the best interest of the Town to dispose of it at the nearest point of collection and authorizes the Town Highway Superintendent to dispose of such sand at the nearest point of collection, even if it means giving it to private individuals or corporations, so long as the places where the individuals or corporations want the same disposed is the closest place to where the sand has been collected, and BE IT FURTHER RESOLVED, that the Town Highway Superintendent shall obtain a release from any property owner upon which sand is disposed of before disposing the same on the property, which release shall be in a form substantially similar to the one presented at this meeting. Duly adopted this 21st day of March, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES Mrs. Monahan ABSENT: None RESOLUTION NAMING DELEGATE AND ALTERNATE TO THE ADIRONDACK ASSOCIATION OF TOWNS & VILLAGES RESOLUTION NO.: 152.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Caimano WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 125,94, adopted a resolution authorizing the Town of Queensbury's membership with the Adirondack Association of Towns and Villages, and WHEREAS, it necessary to name a delegate and alternate to said Association, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby names Councilwoman Betty Monahan as the delegate and Councilwoman Carol Pulver as the alternate, to the Adirondack Association of Towns and Villages. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 153.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT 40 - Queensbury Water 98 - Water Treatment 2,000.00 Fund Plant Expansion CP and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as available, and in the case of loans from funds generated from differing tax bases, the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been earned on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADDITIONAL PETTY CASH AT TRANSFER STATIONS RESOLUTION NO.: 154.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, James Coughlin has requested permission to add an additional $20.00 to the petty cash drawer at each of the Transfer Stations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes petty cash at each of the transfer stations to be kept at a level of $45.00, and any Resolutions previously establishing petty cash for the Transfer Stations is amended accordingly. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY AND AUTHORIZING PREPARATION OF PERMIT APPLICATIONS IN CONNECTION WITH WATER TREATMENT PLANT EXPANSION PROJECT RESOLUTION NO. 155,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is presently considering an expansion of the Water Treatment Plant servicing the Queensbury Consolidated Water Districts and other water districts located within the Town of Queensbury, as well as providing some water to some outside communities and plans, at a future date, to set a public hearing to commence the procedure to allow the authorization for the project, and WHEREAS, the Town Board of the Town of Queensbury directed the preparation of and has received a Map, Plan and Report concerning the Water Treatment Plant Expansion and a proposed completed Part I of a Full Environmental Assessment Form relative to the proposed Water Treatment Plant Expansion, and WHEREAS, it would appear necessary to conduct an environmental review of the proposed action, consisting of a Water Treatment Plant Expansion, as well as certain other improvements to the Queensbury Consolidated Water District, as more fully set forth in the Map, Plan and Report previously described hereinabove, and WHEREAS, it would also appear appropriate to commence the process of filing applications for permits that will be required from various involved agencies, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby describes the proposed action as follows: The proposed action includes the expansion of the Town of Queensbury Water Treatment Plant to 15,000,000 gallons per day; the construction of a 1,000,000 gallons pre-stressed concrete water storage facility; and the installation of a 16 inch ductile iron water transmission main along 1,600 feet of Gurney Lane Road, from West Mountain Road to a point of connection with an existing main at New York State Route 9. The existing intake and raw water transmission pipeline were sized for 15,000,000 gallons per day and will not be effected by the proposed modification. A zebra muscle control pipeline (one inch diameter) will be constructed from the existing intake location to the existing raw water pumping station. (An expanded project description is included as attachment 1 - expanded project description and annexed to the documents presented at this meeting.) , and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the Water Districts in the Town of Queensbury that will be effected by the Water Treatment Plant Expansion are as follows: The Queensbury Consolidated Water District, Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water District and Hiland Park Water District, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the Village of Hudson Falls will be cooperating with the Town and contributing toward the capital cost of the plant, receiving an interest in the plant and thereafter being provided water by the new Water Treatment Plant Facility, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby determines: (a) The proposed action is subject to SEQRA; (b) A Federal Agency is involved - The Army Corps of Engineers; (c) In addition to the Army Corps of Engineers, the action will involve the following agencies: the Town Board of the Town of Queensbury, on behalf of the Town and the water districts situated therein, New York State DEC, New York State DOT, New York State DOH, and Village Board of the Village of Hudson Falls; (d) The preliminary classification of the action should be a Type I under the New York State Department of Environmental Conservation Regulations implementing SEQRA, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be lead agency in connection with a coordinated review pursuant to the State Environmental Quality Review Act, and hereby authorizes and directs the Town Attorney to send a letter to all involved agencies which shall describe the project as set forth in this Resolution, enclose a copy of the Map, Plan and Report on the Water Treatment Plant Expansion, a copy of Part I of the Full Environmental Assessment Form, a copy of this Resolution, and indicate that the Town Board desires to be lead agency and that a lead agency must be designated within 30 days, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby also authorizes the completion of the initial applications to New York State DEC, DOH and DOT and other permitting agencies for permits and hereby directs the Superintendent of Water to prepare such applications with the assistance of O'Brien & Gere Engineers and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury and place the seal of the Town of Queensbury on the same if it should be necessary and provide any other documentation or information that should be necessary or requested by the permitting agencies. Duly adopted this 21st day of March, 1994, by the following vote: AYES : Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT : None Discussion-Attorney Dusek-The original map, plan and report was well as the EAF on file... RESOLUTION AMENDING RES. 138, 94 CONCERNING RETAINING THE PROFESSIONAL SERVICES OF MS. LA VERNE F AGEL RESOLUTION NO.: 156.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 138, 94 to retain the professional services of Ms. LaVerne Fagel, said services to be paid for from the "Town Engineering Account," and WHEREAS, the Town Board of the Town of Queensbury desires to amend said resolution such that the services should be paid for from the "Landfill Closure Project Fund," NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 138, 94, to read as set forth hereinabove. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None RESOLUTION MODIFYING TRANSFER STATION RATES RESOLUTION NO.: 157.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury currently operates, owns, and maintains two Transfer Stations, one located on Ridge Road and one located on Luzerne Road, in the Town of Queensbury, and WHEREAS, the Town Board, after review of operating costs and actual and anticipated revenue, and in an effort to balance anticipated costs and revenues, feels it must raise the rate at which particular items of solid waste will be accepted for disposal at the transfer stations, and WHEREAS, pursuant to the Town Law of the State of New York, the Town is authorized therein to manage the affairs of the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, effective April 4, 1994, hereby amends the rates charged for solid waste delivered to the Town of Queensbury Transfer Stations as follows: Old Proposed Item Price New Price o to 16 Gallon Bags $1.00 $1.50 17 to 32 Gallon Bags 2.00 2.50 Per Mattress 5.00 6.00 Per Box Spring 5.00 6.00 Per Couch 5.00 6.00 Old Proposed Item Price New Price Per Large Chair 5.00 6.00 Compost (per load) 3.00 4.00 (per bag) .50 .50 (maximum 32 gal. bag) (not to exceed $4.00 per load regardless of number of bags) Scrap Metal (per item) 2.00 3.00 Per Tire 2.00 3.00 Burnable for Compactor, per Cubic Yard (CY) 13.00 15.00 and BE IT FURTHER, RESOLVED, that other than as indicated, the rate structure for the use of the Town of Queensbury Transfer Stations shall remain the same as last established and/or modified by the Town Board of the Town of Queensbury. Duly adopted this 21st day of March, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES None ABSENT: None Discussion: Supervisor Champagne-For the record, our goal here is to balance the budget in our transfer station operation and as we have done our projections it appears that these prices with our expenses compared to our revenues should very much bring the transfer station operation to a zero, zero budget end of the year. (vote taken) Councilman Monahan-In that same vein I think we should also explain that's why the transfer stations will only be open three days a week now, alternating days between Ridge Road and Luzerne with both stations open Saturday and no one open on Monday. ATTORNEY MATTERS Town Attorney Dusek-Requested Executive Session - matters in litigation, assessment matters and matters leading to the hiring of a particular firm or person.. . Circulated to members the certificate of amendment to the corporation for Bay Ridge.. to have it signed by the Board. Executive Director Martin-Requested Executive Session-retaining of individual OPEN FORUM Mr. Bob Edwards-I live in Queensbury, Mrs. Pulver's District...Two problems dealing with animals... 1. need direction from the Board-Next door neighbor 35 Main Street, bats in the attic of the house...re: rabies this could be a health hazard.. . do I have an legal recourse in this... Attorney Dusek-My advice to the Board would be to refer this first to the Animal Control Officer to see if we can work with the neighbor and get cooperation, if we cannot then contract DEC to make sure they don't have any particular regulations that we must follow then the matter could be addressed as the Board of Health... Executive Director Martin-Questioned where Mr. Edwards lived... Mr. Edwards-37 Main Street... Councilman Monahan-Spoke on the difficulty of removing bats from a house... Councilman Pulver-Requested that Mr. Martin contact the Animal Control Officer to see Mr. Edwards... Mr. Edwards-Spoke to the Town Board regarding Stray dogs...! have spoken to Colleen Kimble...noted he was concerned about walking his dog, a number of dogs running at large...questioned what the laws are in the Town regarding the control of pets... Councilman Pulver-Reviewed the Town's leash law. Mr. Edwards- I do not like the idea of having a dog free at any point.. . noted he had a fence built for his dogs...would like to see something done for the DCO so she can get out to places... Councilman Pulver-Noted there is a whole procedure for picking up a stray dog...noted the law is not to allow the dogs to run loose the dogs are to be under the owners control at all times. Councilman Monahan-We can ask Ms. Kimble to cruse the streets over there so the van is more seeable to the people... Mr. Edwards-Noted he had a problem getting to Ms. Kimble on the weekend. Executive Director Martin-Noted that he will contact the Sheriffs Office and see what the problem is. Supervisor Champagne-Suggested the Mr. Edwards log every time he see a dog running at large, day and time... useful if it goes to court. Mr. Steve Sutton-Qsby. Concerned about the safety on Gurney Lane, requested that lines be painted in the middle of that road... Councilman Ciamano-We have got to get some money for him (Highway Supt.) this year to do it. Mr. Nick Nicholson-re: Resolution for Sand, is that the one that your were talking about last week? Supervisor Champagne-Yes. Highway Supt. Paul Naylor-I have complaints on Richardson Street, you will be getting in the next few weeks is probably from the Board up at the County Sheriffs Dept.!Traffic Advisory Board they probably be sending down to ask you to pass a local law, either to have no parking on one side of the street or no parking on both sides of the street. Councilman Monahan-Questioned if that was because of parking for the Feeder Canal? Highway Supt. Naylor- VFW. Attorney Dusek-You will need a local law... Discussion held- it will be on one side of the street... Mr. Jack Cushing-re: Sidewalks...noted that previously in a Town he lived in had a law and the Town was sued for not cleaning the sidewalks in front of their property.. .requested that the Town make a survey of how this would effect the Town of Queensbury. Discussion held-suggested that Mr. Martin and Mr. Naylor work on a list of where the sidewalks are located. Councilman Caimano-Noted that Mrs. Eileen Horning has a problem with her sewer tax, requested that Mrs. Howe contact Mr. Shaw to look at her sewer tax bill, she said it doubled. Councilman Pulver-Requested that Dr. Wiswall contact Mrs. Horning regarding her lighting complaint. Councilman Caimano-Noted there is a lighting district where Mrs. Horning lives, all she is asking for is that we put lights on some of her corners. I had the opportunity to stand in for the Supervisor at the Girls Basketball tournament to give out awards, I am concerned that the Town of Queensbury after 1995 at the Queensbury High School will lose this tournament, there is strong talk that they will be looking other places, they would rather have the prestige of a college to play in or Civic Center, it would be unfortunate if our area lost either one of these basketball tournaments and I encourage you to set up a committee immediately to work with both the City and I think you are already working with Mayor DeSantis on working with these people to try and keep these tournaments here. There is more than just money involved there it has been here a long time. The Girls tournament is a well attended tournament and run very well. I also would like to see us send a note of gratitude to the volunteers who work all kinds long hours to make certain the girls tournament and I am sure the Boy's tournament too go off very smoothly. It is a well run organization and it is done solely by adult volunteers from the School, from the community and they deserve our praise, and our thanks as a Town. We have to do something to keep that tournament here. Councilman Monahan-I think Betty Little is working also on that...noted it was a positive to keep both in the same area for the families that have both children participating... Councilman Caimano-Questioned when we are going to take up the renovations to the Highway Garage... Supervisor Champagne-During Workshop session. Councilman Wiswall-Spoke to the Board regarding a traffic problem at the corner of Glenwood and Bay Road...noted an accident that happen recently there...spoke about the problem with visibility when the local business piles snow up at the intersection...or the rock garden in summer or during the fall, election signs...Requested that the Town contact the County to do something about the intersection... Attorney Dusek-I. some of your concerns regarding the intersection would have to be applied Town wide not just to the particular site...such as a campaign sign being at the intersection if you feel that was blocking traffic I think that would be addressed by making a regulation a part of your sign ordinance that says you cannot have any signs within so many feet of an intersection...re: snow piling, if that is a concern you would have to address that in a town wide basis saying at intersections property owners will not pile up snow such as to block traffic...2. perhaps a traffic engineer could make suggestions as to how to make the intersection better... Councilman Wiswall-Is the Town going to do anything about this? Attorney Dusek-If you would like something addressing the signs and the snow that would come from the Board as a direction to me to prepare a law if you would like...re: County, Fred being your representative would be the one that would take it up with the County as far as engineering of the intersection. Supervisor Champagne-The first thing would be to identify the accident rate at the intersection...! guess it would be in our best interest to contact the County and further study it... Executive Director Martin-Spoke about the closing of W oodvale would alleviate some of the traffic... I will see Fred Austin this week and I will mention it to him... Mr. Jack Cushing-Noted he would hate to see Woodvale close... Councilman Pulver-I would like it to be on the record that one of our citizens took the time to send a letter, Karen and Lewis VanDeneous I think it is to compliment our water department on thawing their frozen pipes during the winter... RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 158.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mrs. Carol Pulver: RESOLVED, that the Audit of Bills that appears on Abstract dated 3/21/94 and numbered 94088600 through 9412150 and totaling $2,385,169.83 be and hereby is approved. Duly adopted this 21st. day of March, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano on vendor 0127 Discussion held before vote: Mrs. Monahan-( during vote) I am a member of the Glens Falls Historical Association that supervises the Champman Museum but I am only on the advisory board. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 159,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss one matter concerning contract, and a matter of personnel, Assessment litigation, five matters leading to the possible appointment of individual firms. Duly adopted this 21st. day of March, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES; None ABSENT: None RESOLUTION ADJOURNING FROM EXECUTIVE SESSION RESOLUTION NO. 160.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 21st. day of March, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RETAIN SERVICES OF CREIGHTON MANNINGS ASSOCIATES RESOLUTION NO. 161.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of hiring a traffic engineer to study traffic configurations and road configurations at the Weeks Road, Route 9 Intersection, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to retain the services of Creighton Mannings Associate at a cost not to exceed $3,000. to be paid for from the appropriate Planning Special Projects Account, and the written agreement for the services of Creighton Mannings Associates shall be in the form approved by the Town Attorney. Duly adopted this 21st day of March 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING PLANNING BOARD TO RETAIN ATTORNEY RESOLUTION NO. 162.94 INTRODUCED BY Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Planning Board for the Town of Queensbury has requested the Town Board of the Town of Queensbury appropriate funds to allow for an attorney to service the Planning Board, and WHEREAS, Town Law Section 271 provides that the Town Board is authorized and empowered to make such appropriations as it may see fit for Planning Board expenses, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Planning Board to retain the services ofMr. Mark 1. Schachner for a three month trail basis, to end June 30th 1994 and to be paid for from the appropriate Planning Account, and be it further RESOLVED, that this authorization is contingent upon the fee arrangement being consistent with the terms and provisions of the retainer agreement submitted at this meeting, and be it further RESOLVED, the Town Supervisor is hereby authorized to execute the aforesaid agreement. Duly adopted this 21st. day of March, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RETAIN SERVICES OF FITZGERALD, MORRIS, BAKER AND FIRTH RESOLUTION NO. 163.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Attorney has discussed with the Town Board the need to hire an outside firm to assist with various research projects, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to retain the services of Fitzgerald, Morris, Baker and Firth to assist on certain projects for research, drafting contacts, etc. to be paid for from the Attorneys Contractual Account and with the further understanding that the matter shall be reviewed with the Town Board at the end of three months. Duly adopted this 21st. day of March, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 164.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board hereby adjourns its Town Board Meeting. Duly adopted this 21st. day of March, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury