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1994-10-03 REGULAR TOWN BOARD MEETING OCTOBER 3, 1994 7:00 p.m. MTG.#51 RES. 494-509 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DR. R. GEORGE WISW ALL SUPERVISOR CHAMPAGNE-Opened the meeting PUBLIC HEARING THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL NOTICE SHOWN Director of Wastewater Mike Shaw-This public hearing is on a proposed benefit tax roll for the Central Queensbury Quaker Road Sanitary Sewer District for 1995. The roll has been updated with the necessary information from the Assessor's Office and commercial water meter readings for 95. The menu for classes and the points that refer to the classes is exactly the same as the 1994 roll. At this time the Town Board may want to consider the possibility of adding the Route 9 District Extension to the roll for 95. When the Town Board set this public hearing on the 12th we did not include that in the current roll for 95. In speaking with the engineer today about the timing of the construction for Walmart, and the district extension for Route 9 he had informed me that it would probably go to bid the second or third week in October and the bidding process will take about three weeks to acquire a contractor and get on board sometime within the middle of November. Best estimate is to have construction start on the sanitary sewer line if weather permits is possibly early winter. During the bidding process if Walmart wants to they can wait till spring and start the construction then or it is possible that the State highway permit would be withheld due to weather. In adding this to the 95 roll it is a possibility we could add it but I hate to see us add it and not have Walmart being serviced for most of the year. Supervisor Champagne-I would agree to that. Director of Wastewater, Mike Shaw-There is a possibility it could happen it is a possibility they could get it done this winter and have full service next year but the timing of it seems to be a very narrow margin at this time. Supervisor Champagne-What is your pleasure? Director of Wastewater Mike Shaw-The current roll you have in front of you is the roll that is now being presented without the Route 9 District Extension. As you can see on the bottom there is a comparison on the bottom of your last sheet. That is without Walmart in there. Councilman Pulver-And with Walmart in there it changes it somewhat. Director of Wastewater Mike Shaw-With Walmart in there it is more of a positive effect, basically what it works out to be is a approximately four dollars and fifty seven cents less per point, which would basically work out to be $10.00 less per residential parcel. Councilman Caimano- Take me to the back of the last page of this sheet, you have a comparison between last year and this year, what would Walmart do to this comparison. Director of Wastewater Mike Shaw-This would be a possitive effect if Walmart, the Route 9 Dist. Extension would include Walmart, Ames Plaza, Queens Diner, Long John Silver and Pizza Hut. Councilman Caimano-A positive effect. Director of Wastewater Mike Shaw-A positive effect. Councilman Caimano-For whom? Director of Wastewater Mike Shaw-For the Quaker Road Sewer District. The only problem in including them in the roll this year if they do not get the pipes in and start using it the first of the year and do not get to use it until mid July on they are basically paying for the full years roll use, 1995. Councilman Monahan-Mike did I hear you say that the easement with New York State has or has not been signed? Those papers Director of Wastewater Mike Shaw-The permit has not been granted yet, they are in the process of now, ok. Councilman Monahan-I really do not know how we can include something that has got a lot of questions about it. Supervisor Champagne-I agree Councilman Monahan-...they do not know legally if that will fly. Councilman Caimano-For all we know they could go out of business and leave. Director of Wastewater Mike Shaw-I kind offeel the same way, ...1 thought that I should bring it to the Board's attention that it was a possibility. Councilman Caimano-It is only a 2.4% increase in the entire roll to begin with. Councilman Monahan-I do not think we really can put something on the roll that is not their yet. Councilman Pulver-I do not think we can charge them for using the sewer when they are not using it. Councilman Monahan-Not only not charge them but how could you include something that is not there, it may never be there. Director of Wastewater Mike Shaw-If they do come on during the middle of95 we can charge them an operation and maintenance charge at that time when they come on board, they will pay their portion of the o & M and it will be on the roll in 96. Supervisor Champagne-Mike, as it is right now what we are saying is that on a per point basis we are decreasing that by $1.35 right, $1.35 per point. Director of Wastewater Mike Shaw-That is right we are decreasing. Supervisor Champagne-The average house, residential home would be what, four points, three points? Director of Wastewater Mike Shaw-Three point and $4.05 less. Supervisor Champagne-All right $4.05 less than 94. Councilman Monahan-Mike are the point systems changed, have they remained the same as they were? Director of Wastewater Mike Shaw-The points menu and the classes have remained the same as in 94. Supervisor Champagne-Ok. Anyone else here to speak on our 1995 Sewer Roll? For, Against, Pro, Con? How about the Board, anyone on the care to speak? Closed the public hearing. Thank you very much Mike, job well done. Anything on the down ward slide looks good. RESOLUTION NO. 494.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano At a Meeting of the Town Board of the Town of Queensbury, held at the Queensbury Activities Center, 531 Bay Road, Queens-bury, New York, on the 3rd day of October, 1994. PRESENT: Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver ABSENT: None IN THE MATTER OF THE ASSESSMENT ROLL OF THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT THE TOWN OF QUEENSBURY, COUNTY OF WARREN, AND STATE OF NEW YORK WHEREAS, a benefit assessment roll assessing the expense of improvements pursuant to Section 202 of the Town Law has been prepared by this Town Board for and in consideration of certain district improvements consisting of general sanitary sewers in the Central Queensbury Quaker Road Sewer District of the said Town of Queensbury, which said roll has been heretofore completed and filed in the Office of the Town Clerk; and WHEREAS, due notice of the completion of said benefit assessment roll and the time and place where this Board would meet to hear and consider any objections that might be made to said roll, and for adopting the same, was duly given by the Town Clerk by a publication of due notice thereof in the Post- Star; and WHEREAS, the Town Board met at the time and place specified and a hearing was duly had upon said benefit assessment roll and all persons desiring to be heard having been heard; NOW, THEREFORE, BE IT RESOLVED, that the benefit assessment roll of the Central Queensbury Quaker Road Sewer District for the payment of the expense of public improvements within said Central Queensbury Quaker Road Sewer District, pursuant to Section 202 of the Town Law of the State of New York be and it is hereby approved, confirmed, and adopted, and BE IT FURTHER, RESOLVED, that the Town Clerk is instructed to annex to said benefit assessment roll a warrant which shall be signed by the Supervisor and countersigned by the Town Clerk commanding the Receiver of Taxes collect from the several persons named in said assessment roll the sum or sums opposite their respective names and to pay the same to the said Supervisor of the Town. The foregoing resolution was offered by Councilperson Mrs. Carol Pulver and seconded by Councilperson Mr. Nick Caimano and adopted by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None DATED: October 3, 1994 PUBLIC HEARING CRONIN ROAD SEWER DIST. EXTENSION NO.2 NOTICE SHOWN Supervisor Champagne-Opened the Public Hearing. Director of Wastewater Mike Shaw-This public hearing is on an extension to the Central Qsby. Quaker Road Sewer Dist. for one single parcel located on the district boarder on Cronin Road. The application has been made the map, plan and report has been prepared by Richard Jones Associates, we have received that. We are currently having the public hearing because it is a single district extension, basically extending a lateral at their cost DEC did not need to review that district extension. The contract I believe is in process, Paul? Attorney Dusek-We usually, there usually is a contract between as the Town Board knows between the developer and the Town to cover the cost of the improvements so that the construction is borne at no expense to the district. That contract is usually entered into some time between tonights meeting and the final order and the Board of course would not adopt the final order until the contract was in place and the resolution which authorizes the district the first time around makes it subject to the execution of that agreement as well as permissive referendum. Supervisor Champagne-We are going to go through the part II of the SEQRA. Councilman Caimano-I think we do that after the public hearing however because we do not know, that may impact on it. Supervisor Champagne-Are there any others that care to speak on the issue of Cronin Road Sewer Extension NO.2? Quiet group here tonight. Director of Wastewater Mike Shaw-A little additional information for the Board this parcel is one single unit commercial acreage estimated at one point nine eight acres and we have estimated water usage and that also has a positive effect, it will not be included in the 95 roll but will have a positive effect of 50 cents per point, or less projecting. Supervisor Champagne-That is a good sign. Anyone else care to speak? Ok. Close the Public Hearing and go through the Part II of the SEQRA. Executive Director Jim Martin-Lead the Board through he Part II SEQRA SEQRA PART II IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? Councilman Caimano-Only during construction. Councilman Monahan-Yes. But it would be small to moderate. Councilman Caimano-Small to moderate, and mitigated. 2. Will there be an effect to unique or unusual land forms found on the site? NO IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? NO 4. Will proposed action affect any non-protected existing or new body of water? NO 5. Will proposed action affect surface or ground water quality or quantity? NO 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO IMPACT ON AIR 7. Will proposed action affect air quality? NO IMP ACT ON PLANTS AND ANIMALS 8. Will proposed action affect any threatened or endangered species? NO 9. Will proposed action substantially affect non-threatened or non-endangered species? NO IMP ACT ON AGRICULTURAL LAND RESOURCES 10. Will the proposed action affect agricultural land resources? NO IMP ACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? NO IMP ACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? NO IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? NO Councilman Caimano-Well, during construction, and it is small to moderate and mitigated by the circumstances. IMP ACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? NO NOISE AND ODOR IMP ACTS 16. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO IMP ACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? NO IMP ACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? Councilman Caimano-In a positive way, probably, yes, I think. Supervisor Champagne-The answer to that would be no, right. 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO REASONS SUPPORTING THIS DETERMINATION: Based on the Town Board's review of the Part II of the EAF and for the responses given in connection with that review the Town Board feels that there will not be a significant impact with regard to this project and in fact views the project as something that maybe positive for that area of town. - SEE MINUTES RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING THE ESTABLISHMENT OF THE CRONIN ROAD EXTENSION NO.2 TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO.: 495.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is considering the action of adopting a resolution establishing an extension to the existing Central Queensbury Quaker Road Sewer District, to be known as the Cronin Road Sewer Extension No.2, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and complete such other information as may be necessary to indicate such, and BE IT FURTHER, RESOLVED, that pursuant to Section 617.15, the Negative Declaration presented at this meeting is hereby approved and the Town Supervisor is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the New York State Department of Environmental Conservation. Duly adopted this 3rd day of October, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING THE ESTABLISHMENT OF THE CRONIN ROAD EXTENSION NO.2 TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 496.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Central Queensbury Quaker Road Sewer District, to be known as the Cronin Road Sewer Extension No.2, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Central Queensbury Quaker Road Sewer District, such extension to service an area to the north of the existing district and on the northerly side of Cronin Road, such area consisting of those parcels or lots being identified as a portion of a parcel assigned tax map no.: 60-2-11 for the year 1994 and bearing Town of Queensbury Planning Board Subdivision No.: 10-1994, with the boundaries of the proposed extension being more fully set forth herein and in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report was prepared by Richard E. Jones Associates, and Schoder Rivers Associates, the latter being engineers licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Central Queensbury Quaker Road Sewer District and a general plan of the proposed sewer system showing a 6" sanitary sewer line running from the area proposed to be included in the District and connecting with an existing 12" sewer main, with it also being set forth further that the sewage disposal plant is proposed to be the City of Glens Falls Sewage Disposal Plant, to be used in accordance with the terms and provisions of an Agreement and the transmission mains of the Central Queensbury Quaker Road Sewer District shall also be used to transport the sewage from the said extension to the City Plant, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Central Queensbury Quaker Road Sewer District pursuant to Town Law, ~206A, and WHEREAS, the said Town Board has considered the establishment of said extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, NOW, THEREFORE, IT IS RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that: 1. notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2. it is in the public interest to establish, authorize, and approve the Cronin Road Sewer Extension NO.2 to the Central Queensbury Quaker Road Sewer District, as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property and property owners within said extension are benefitted thereby; 4. all property and property owners benefitted are included within the limits of said extension; 5. pursuant to ~206a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, RESOLVED, that: 1. The Cronin Road Sewer Extension NO.2 to the Central Queensbury Quaker Road Sewer District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the previously described map, plan and report, and construction of the improvement may proceed and service provided and subject to the following; a. of Health; the obtaining of any necessary permits or approvals from the New York State Department b. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; c. the execution of an agreement between the Developer and/or Owner of properties to be served by the extension and the Town, which agreement will provide that the Developer and/or Owner will pay all costs of construction of the extension, provide for the escrow of funds for such construction, provide for certain specifications of construction, and contain such other provisions as may be deemed appropriate by the Town Board of the Town of Queensbury; d. a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; e. the adoption of a final Order by the Town Board of the Town of Queensbury; 2. The boundaries of the Cronin Road Sewer Extension NO.2 to the Central Queensbury Quaker Road Sewer District are as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows; BEGINNING at a point in the northerly bounds of Cronin Road at the southwest corner of Bay Meadows Golf Club, Inc. and the southeast corner of the lands of the grantor herein as described in Book 720 of deeds at page 73; running thence North 81 degrees, 26 minutes and 40 seconds West along said Cronin Road, a distance of 286.00 feet; thence running through the lands of the grantor herein the following two courses and distances: (1) North 05 degrees, 53 minutes and 33 seconds East, a distance of 301.33 feet; (2) South 81 degrees, 26 minutes and 40 seconds East, a distance of 287.69 feet to said lands of Bay Meadows Golf Club, Inc.; thence running South 06 degrees, 12 minutes and 50 seconds West along said lands, a distance of 301.25 feet to the point and place of beginning, containing 1.98 acres ofland, to be the same more or less. Bearings given in the above description refer to magnetic North. and 3. The improvements to be included and made a part of the extension shall consist of the purchase and installation of a 6" sanitary sewer line running from the area proposed to be included in the extension to an existing sewer main in the Central Queensbury Quaker Road Sewer District, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by Richard E. Jones Associates and Schoder Rivers Associates, and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up; 4. All proposed construction shall be installed and paid for by the developer (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications, and under competent engineering supervision; 5. The maximum amount to be expended for said improvement will not be greater than $12,375, plus a one time buy-in fee of $l/gallon of average daily flow, which in this case would be $1,134., or a total of $13,509., said improvement costs to be paid by the developer and at no cost to the Town of Queensbury, the Central Queensbury Quaker Road Sewer District, or the proposed extension; The areas or properties a part of the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District; 6. The method of apportioning costs is such that the Developer and/or Owner of the property which the extension will service, will pay the cost for engineering, installation of the sewer pipe, and necessary appurtenances and the initial capital charge payable to the City of Glens Falls for use of its sewage treatment plant. The extension will thereafter be consolidated with the Central Queensbury Quaker Road Sewer District and properties therein will be assessed taxes and/or pay user fees in the same manner and in the same amounts as similar properties are assessed or billed in the Central Queensbury Quaker Road Sewer District; 7. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Central Queensbury Quaker Road Sewer District, the developer being responsible for the same, as well as the charge payable to the City at the time of the initial connection of the sewer district; 8. In accordance with Town Law, Section 206A, all expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 9. Expenses occasioned after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Central Queensbury Quaker Road Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 10. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and available for public inspection; and BE IT FURTHER, RESOLVED, that this resolution is subject to a permissive referendum in the manner provided the provisions of Article 7 and Article 12-A of the Town Law of the State of New York and the Town Clerk is hereby authorized and directed to file, post, and publish such notice of this Resolution as may be required by law. Duly adopted this 3rd day of October, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT : None PUBLIC HEARING IMPROVEMENTS ON THE WEST GLENS F ALLS WATER DISTRICT NOTICE SHOWN Supervisor Champagne- Opened the Public Hearing requested Mr. Flaherty to speak to the public. Water Superintendent Thomas Flaherty-The West Glens Falls Water District historically has gotten water from the City of Glens Falls through a connection a meter connection on Corinth Road at the City line and fed through an 8" main up main street as far as Ryan Avenue and fed the side streets. We had a problem maintaining chlorine residual in the West Glens Falls Water Dist. over a period of years. Back in the early part of August through routine sampling that we are required to do we had some failures of the water samples on Luzerne Road on Fifth St. and in the area of Lox and Baggles and the Pizza Hut. Reporting this to the Health Dept. as required, resulted in the Health Dept. putting the West Glens Falls Water Dist. on a boil water notice until such time as we could come up with a solution to eliminate the problem. We initially went down and tried to booster chlorinate figuring that there might be something in the system that we could clear up and take care of the problem that way. That was not successful. After consulting, and the Health Dept. gave us a time frame that we had to engage a professional engineer and come up with a report for a permanent solution and also a interim solution. After talking with the engineers it was decided that as Queensbury Consolidated Water had a 12" transmission main going down to Luzerne Road parallelling the 6" West Glens Falls water main that we would tie the West Glens Falls system onto the Queensbury System onto Richardson Street, Queensbury had a 6" main coming up Pine Street, West Glens Falls had an 1 and a 1/2 galvanized line coming down here a short distance, a second tie in was to replace that 1 and 1/2 galvanized line and tie the West Glens Falls Water System to the Queensbury System at that point also. After doing this sampling results were passed and the Health Dept. at that time lifted the boil water notice. We still have to come up with a permanent solution which will be taken care of at a later meeting, later date. This is to get approval for the interim connections tonight. Supervisor Champagne-Thank you Tom. Anyone care to speak either for or against the issue of Queensbury supplying the West Glens Falls System with our water, yes, Sir. Mr. Gary Loughrey-My name is Gary Loughrey, 58 Western Avenue I wanted to know how the capital expenses of the Queensbury Water System would be distributed unto the new customers, are they going to buy into like the other Queensbury Water System people have been paying for the capital expenditures of the plant and all of that how will these customers be brought into that system. Are they going to be asked to pay a lump sum up front to make up for the, whatever body else has been paying in the system how will that be dealt with. Supervisor Champagne-Paul we have had some conversation that do you want to address that question? Attorney Paul Dusek-Sure, from the Town's perspective as far as these proceedings are concern as Tom mentioned these are temporary proceedings for purposes of looking for approval for the interconnection which, that cost of that activity will be paid for as I understand it from surplus funds that were available in the West Glens Falls districts supply, because it is for their benefit so it comes out of their money. The, also as a temporary basis obviously they are getting water from the Queensbury Water plant, this however can only continue for a short period of time pursuant to DEC regulation, however during that period of time as I understand it Tom, correct me if! am wrong but a calculation of the total amount of water based on prior usage indications will be made and they will be sold the water on a per thousand gallon basis of $1.20 per thousand gallons. Water Superintendent Thomas Flaherty-Under the emergency relief the interim plan yes. Attorney Dusek-Now, that is just the short term measure. As Tom mentioned the next step will be for the Town Board to address and for the Water Dept. as well as the engineers to address the permanent solution. When you have a permanent solution what will be required, first of all whatever improvements are needed in the district is one item and the second item that must be addressed as part of the permanent solution is the source of water as you mentioned, whether it will be on a contract basis or whether they would buy in whether they would be ultimately consolidated these are all the issues that would be coming up, my understanding is within the next month or so because they are under here again a time clock from DOH so tonight they do not have all this information yet, but they will have within the next, at the next public hearing and there has to be a public hearing on this second phase. Mr. Loughrey-So, during this interim period then, as I understand the West Glens Falls district will be actually separate and will be servicing that as separate entity and not, it is not incorporated into the .. Attorney Dusek-That is correct. Supervisor Champagne-This action was taken based on an emergency and was done by the Board of Health back, I guess even a month ago, now Tom, is that correct? Water Superintendent Thomas Flaherty-The early part of August. Supervisor Champagne-The early part of August. Water Superintendent Thomas Flaherty-August 17th... Supervisor Champagne-Anyone else care to speak for or against? Councilman Pulver-I would just like to take this opportunity to thank Tom and the Water Dept. for responding so quickly as they did to correct this job even though it is only temporary at this point I think they did an excellent job in trying to straighten out what was a very bad water situation over there for everyone in the west end. Supervisor Champagne-I might also add that we have made application, Jim you might want to add to that also. The application that is in on an emergency act. Executive Director Martin-Yes. We made contact with the Dept. of Housing and Urban Development looking into the possibility of getting a grant under a immanent threat designation. Meaning that we could be considered in the current round which is under review at HUD and that closed on Friday. We consulted with Congressman Solomon Office to assist us in this he was very helpful in making the request, however it was denied to be considered in this round. We did everything we could we worked with the County Planning Office they were most helpful but it has to wait until the next round as far as that is concerned, they project a submission date for that to be, February, March time frame probably getting a actual availability of funds 75 days there after. So, that is still a prospect however it is not as early as we had hoped it would be, but we will still pursue that should the Board desire late Winter, next Spring of next year. Councilman Pulver-Well, however I think it will give us a little more time to really do a bang up job at getting this application ready we were really going to be under the gun to try to get it together to get it in on time. As much as everyone was working hard for it, I am please to see that we are going to have a little bit more time to put it together, the more time we have the better we are at putting our grant together. Executive Director Martin-We have the basic elements that are needed for a very competitive application, meaning the boil water order and so on from DOH. Again it is a competitive program it is never a guarantee but we would have a very strong application. Councilman Monahan-Because of this timing would that mean that the people who have not turned back their surveys have a chance now to turn back those surveys and be counted, so perhaps we can even get more weight because of the income. Executive Director Martin-That is correct, we did have a significant response from our mail in survey, I think it was in the range of forty to forty five percent which is very good for mail back survey indicating that fifty five percent of the people in the target area were income eligible so that is another threshold whereby and I do not expect any significant change in those numbers but the better response rate we can get the better it is in the application. Supervisor Champagne-Anyone else, Board? Ok. Executive Director Martin-Anybody here from the public who is in that area I want to thank you for your cooperation in getting those surveys back it hopefully will produce some help for the Town next spring when we submit the application. Supervisor Champagne-We will close the public hearing. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF INTERCONNECTION FOR WEST GLENS F ALLS WATER DISTRICT RESOLUTION NO. 497.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is presently considering the approval and authorization of an improvement of the facilities of the West Glens Falls Water District consisting of the interconnection of the West Glens Falls Water District with the Queensbury Consolidated Water District and funding the same, and WHEREAS, the proposed action is an unlisted action under the rules and regulations adopted by the Department of Environmental Conservation pursuant to the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that, after due consideration of the proposed improvement to the West Glens Falls Water District and the Environmental Assessment Form prepared in connection with this action for possible environmental impacts, and, after reviewing, in particular, Section 617.11 of the Rules and Regulations of the Department of Environmental Conservation, the Town Board of the Town of Queensbury hereby determines that the environmental effects of the proposed improvement to the Queensbury Consolidated Water District will not be significant, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the annexed notice of determination of non-significance and hereby authorizes and directs the Town Supervisor to sign, execute, and place the seal of the Town of Queensbury upon the same, and BE IT FURTHER RESOLVED, that copies of this resolution and notice of determination shall be filed with the Town Clerk of the Town of Queensbury. Duly adopted this 3rd day of October, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION MAKING DETERMINATION RELATED TO THE INSTALLATION OF AN INTERCONNECTION FOR THE WEST GLENS F ALLS WATER DISTRICT RESOLUTION NO. 498.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury received information concerning the West Glens Falls Water District's water problems from the Superintendent of Water, Thomas Flaherty, and received a copy of a letter from the State Department of Health, dated August 22, 1994, which advised that, based on bacteriological information reported to the Department of Health, action needed to be taken, including a public health notice and the retention of the services of an engineer to prepare and submit to the Health Department a study which would define the problem, list alternatives to correct the problem and provide a feasibility rationale and selected alternative, together with a schedule for design and problem correction, and WHEREAS, a boil water notice was authorized and issued for the West Glens Falls Water District as a result of the above referred to information, and WHEREAS, the Town Board was informed that businesses located within the District had to bring massive quantities of water to their establishments at a significant expense, and that the same also constituted a significant burden on persons residing within the area, and WHEREAS, the Town Board was advised that tests indicated a concern about sufficient water pressure for fire and emergency use, and WHEREAS, the Town Board of the Town of Queensbury, after careful review of the matter and, after hearing testimony from the Water Superintendent, determined that the situation was serious and warranted a resolution as quickly as possible and warranted the use of any appropriate procedures that would allow the resolution of the problem as soon as possible and authorized an interconnection between the Queensbury Consolidated Water District and West Glens Falls Water District to allow for the provision of water from the Queensbury Consolidated Water District, and WHEREAS, the Town Board also determined it appropriate to undertake proceedings to authorize the improvements as District expenses, and WHEREAS, the Town Board determined to use the letter and report from O'Brien & Gere and the information provided by Thomas Flaherty as the report for purposes of proceeding to a public hearing, and WHEREAS, the Town Board duly adopted a Resolution on September 12, 1994 calling a public hearing to consider said proposed improvements to the West Glens Falls Water District, and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by law and proof thereof has been submitted to said Town Board, and WHEREAS, said public hearing was duly held at the time and place aforesaid at which all persons interested were duly heard, and WHEREAS, said Town Board has duly considered all of the evidence given at such public hearing, and WHEREAS, the said Town Board has reviewed the proposed action under the State Environmental Quality Review Act and has found that the Water District improvement will not have a significant environmental impact, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: SECTION 1. Based upon the evidence given at the aforesaid public hearing, it is hereby found and determined to be in the public interest to provide for the aforesaid increase and improvement of the facilities of the West Glens Falls Water District of the Town of Queensbury, Warren County, New York, as described in the preambles hereof, at an estimated cost not to exceed $9,000.00 and the same is hereby approved, ratified and authorized. SECTION 2. This resolution shall take effect immediately. Duly adopted this 3rd day of October, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT None PRESENTATION GLEN LAKE ASSOCIATION Linda Daley-Member of the Glen Lake Protective Association-Member of the Technical Advisory Committee for the Glen Lake Water Shed...Our reason for being here tonight is to reiterate to members of the Board the importance of the health of Glen Lake which is a direct indicator of the health of the seven thousand acre water shed which supplies it and also to bring the Board up to date on our progress so far. The technical advisory committee prepared a program for water sampling the Glen Lake Association received a grant from Soil and Water Conservation Service and conducted an educational program on septic systems maintenance. The committee also prepared a survey to receive an indication of what are some of the perceived problems effecting quality in three areas, the water shed, the Glen Lake body of water and the quality of life of the people who own property along the shore line or wetlands. Over nine months the technical committee has reviewed literature addressing water quality, members have attended seminars and worked with professionals to increase their knowledge and expertise. The goal of the committee is to identify environmental problems within the water shed, and protect and enhance the water quality within the shed. The technical advisory committee believes that its work over the past nine months has added to the body of knowledge about the water shed and its positive beginning to the water shed management plan. Ms. Virginia Etu-Reviewed the surveys...(passed out the results to the Town Board) ... We started with Glen Lake because the Association had a current mailing list... as of the end of September we received 131 of 387 surveys back... Asked residents to look at the observations which were listed and tell us if they agreed or disagreed or undecided about if these were problems affecting the quality of Glen Lake. Asked to rank in order of importance 1-5, what were the top problems... aquatic weed growth, boats carrying pollutants coming into the lake, waste water discharges from failing septic systems, algae blooms, a lack of education or information on water quality issues, a decreasing water quality, jet skies, lack of a management plan for the lake, utilization of the lake by non-residents, over development of the entire water shed, storm water run off from municipal roads, and lack of speed regulations on the lake. What the Technical Advisory Committee will be doing is focusing in on those areas of perceived problems, and a goal of coming up with solutions... Mr. Bill Morton-Serves on the Technical Advisory Committee-Reviewed with the Board the water sampling that was done..conducted storm event sampling, sampling for phosphorus and suspended solids...test taken on St. Mary's Bay...Brook that drains into the Glen Lake wetlands and drains into the back of the million dollar halfmile...other locations for sampling in the Glen Lake wetlands...phosphorus in Glen Lake is about 8 mico grams per liter, this is low, at a rate of 20 grams per liter is a threshold anything greater than 20 grams makes an attractive lake unattractive. Reviewed the tables in the report...noted elevated phosphorus loading during a storm in the brook behind the million dollar halfmile...the wetlands seems to be assimilating the phosphorus...the wetland are important in protecting the lake...these are preliminary findings we would hope to continue the sampling during the spring time. Councilman Monahan-Questioned the source of phosphorus? Mr. Morton-Phosphorus falling out as a result of atmospheric deposition, coming off lawns, foreign matter coming off from paved areas, septic tanks... Councilman Caimano-In fact there was not enough tests to drawn any conclusions at all. Mr. Morton-These are preliminary, would recommend the next testing during the fall during storm events and in the spring...(snow melt and spring run off) Councilman Caimano-Regarding survey...This is an important project that you are on, noted that different sets of questions may want to be considered in the future...noted there are several topics in the survey that are already concluded before the questioner has a chance to answer it...in some of the topics I have not been given the chance to answer, you have pre-supposed the answer and are asking for my confirmation. Mrs. Etu-Noted some of the questions were formed from meetings of the Glen Lake Protective Association...noted future surveys would be different...looking at other problems... Supervisor Champagne-Questioned the weed growth in Glen Lake, what could cause this? Mr. Morton-Phosphorus is entering the lake... Mrs. Etu-Spoke to the Board on the Citizen State Wide Lake Assessment Program...tests the water in the lake, clarity and other chemicals...The Town's monies paid for testing of tributaries entering the lake... Mr. Dave Wick-District Manager of Warren Co. Soil and Water Conservation Districts-Received a $1,200 grant to do some septic systems education and information to the residents of Glen Lake, information was mailed out regarding septic system failures and septic system maintenance, plus a slide presentation at the Glen Lake Association Meeting... Mr. Dan Kane-Warren County Planning Dept.-Spoke to the Town Board noting that everything that has been done to date is preliminary, hope to do a planning study where we have a report on problems and issues.. . from that a report entitled Goals and Objectives.. .requested that any funds left over in the account that was set aside to do the initial testing we would like that rolled over into 1995 budget to continue the work. Executive Director Martin-There has only been $450.00 worth of the original $5,000 that has been spent... requested that those monies be rolled over to 1995. RESOLUTIONS RESOLUTION OF SORROW RESOLUTION NO. 499.94 INTRODUCED BY THE ENTIRE TOWN BOARD WHEREAS, members of the Queensbury Town Board were deeply saddened upon learning of the death offormer Queensbury-at-Large Supervisor, William H. Barton, on Thursday, September 15, 1994, and, WHEREAS, William H. Barton devoted most of his adult life to education, having moved to the area in 1938 when he became principal of the Abraham Wing School in Glens Falls, and ten years later in 1948, he was named the first supervising principal of the newly formed Queensbury Union Free School District, a position he held until his retirement in 1973, and WHEREAS, William H. Barton had the vision and leadership qualities to plan, develop and operate the Queensbury School system that continues to strive for excellence, and WHEREAS, this school system has been the cornerstone of growth and quality that has enabled the residents of Queensbury to enjoy a high quality of life, and WHEREAS, William H. Barton served his country form 1942 - 1946 as a member of the U.S. Navy as a lieutenant, assigned to duty with both the Atlantic and Pacific Fleets, and WHEREAS, William H. Barton was a man with strong religious beliefs and was a member of a committee of three that founded Our Lady of the Annunciation Church on Aviation Road in Queensbury, and WHEREAS, William H. Barton gave freely of his time, energy and wisdom to many civic and fraternal organizations in a sincere effort to make Queensbury a better place to work and live, and RESOLVED, that the Clerk of the Queensbury Town Board be directed to furnish copies of this resolution to William H. Barton's beloved wife, Anna Mae (Sullivan) Barton; his son, Terry Barton, and sister, Elizabeth Barton, all of the Town of Queensbury. Duly adopted this 3rd. day of October, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES; None ABSENT: None RESOLUTION APPROVING MINUTES RESOLUTION NO. 500.94 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 Town Board Minutes of August 29th, 1994 and September 12, 1994. Duly adopted this 3rd. day of October, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 501.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1994 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1994 budget: CLERK!DATA PROCESSING: FROM: TO: AMOUNT: 1-1345-2001 1-1410-2100 (Purchasing Equipment) (Computer Hardware) 3,000. 1-1345-1150 (Purchasing Agent) 1-1410-2100 (Computer Hardware) FROM: COMMUNITY DEVELOPMENT: 01-3620-4410 (Gasoline) 01-3620-4410 (Gasoline) 01-8020-4090 (Conference Expense) TO: 01-3410-4410 (Gasoline) 01-3510-4410 (Gasoline) 01-8020-4410 (Gasoline) FROM: COMMUNITY DEVELOPMENT: 01-1990-4400 (Contingency) 01-1990-4400 (Contingency) 01-1990-4400 (Contingency) 01-1990-4400 (Contingency) 01-3510-4760 (Vet Services) 01-3410-4400 (Misc. Contractual) 01-3410-4400 (Misc. Contractual) 01-3620-4400 (Misc. Contractual) 01-3620-1370 (Asst. Bldg. & Zon. Officer) 01-3620-1370 (Asst. Bldg. & Zon. Officer) 01-3620-4400 (Misc. Contractual) TO: 01-3510-1002 (Misc. Payroll) 01-3989-4400 (Misc. Contractual) 01-8020-4130 (Legal Services) 01-8030-4400 (Misc. Contractual) 01-3510-4400 (Misc. Contractual) 01-3410-4070 (Equip. Repair & Main.) 01-3410-2001 (Misc. Equipment) 01-3410-4110 (Vehicle Repair & Main). 01-3620-1002 (Misc. Payroll) 01- 3620-13 70-0002 (Proj. Overtime) 01-3620-4120 (Printing) 1,500. AMOUNT: $ 750. 1,150. 175. AMOUNT: 3,250. 950. 12,500. 750. 200. 150. 250. 750. 950. 200. 375. 01-3620-4400 01-3620-4110 2,100. (Misc. Contractual) (Vehicle Repair & Main.) 01-3620-4400 01-8010-2001 650. (Misc. Contractual) (Misc. Equipment) 01-3620-4400 01-8010-4010 300. (Misc. Contractual) (Office Supplies) 01-3620-4400 01-8010-4410 10. (Misc. Contractual) (Gasoline) 01-3620-1370 01-8020-1910-0002 1,975. (Asst. Bldg. & Zon. (Sr. Typist - Overtime) Officer) COMMUNITY DEVELOPMENT: FROM: TO: AMOUNT: 01-3620-1370 01-8020-1002 1,250. (Asst. Bldg. & Zon. (Misc. Payroll) Officer) 01-3620-4400 01-8020-4010 250. (Misc. Contractual) (Office Supplies) 01-3620-4400 01-8020-4040 600. (Misc. Contractual) (Dues & Registrations) 01-3620-4400 01-8020-4050 600. (Misc. Contractual) (Books, Pubs. & Subs.) 01-3620-4400 01-3620-4070 300. (Misc. Contractual) (Equip. Repair & Main.) 01-8020-4090 01-8020-4400 150. (Conference Expense) (Misc. Contractual) MISC. GENERAL FUND: FROM: TO: AMOUNT: 1-1990-4400 1-3120-2001 975. (Contingency) (Misc. Equipment, Crossing Guard) 1-1990-4400 1-6410-4400 3,510. (Contingency) (Publicity) 1-1990-4400 1-8160-1002 2,785. (Contingency) (Misc. Landfill Payroll) 1-1990-4400 (Contingency) 1-8189-4399 (N. Qby. Sewer Project) 102. SUPERVISOR: FROM: TO: AMOUNT: 1-1990-4400 (Contingency) 1-1220-4050 (Books & Publications) 100. 1-1990-4400 (Contingency) 1-1220-4090 (Conference Expense) 560. SUPERVISOR: FROM: TO: AMOUNT: 1-1990-4400 (Contingency) 1-1220-4220 (Training/Education) 535. 1-1990-4400 (Contingency) 1-1220-4400 (Misc. Contractual) 525. TOWN CLERK: FROM: TO: AMOUNT: 1-1345-1150 (Purchasing Agent) 1-1345-4400 (Purchasing Misc. Cont.) 600. 1-1990-4400 (Contingency) 1-1345-4400 (Purchasing Misc. Cont.) 400. RECEIVER OF TAXES: FROM: TO: AMOUNT: 01-1330-1130 (Deputy Tax Receiver) 01-1330-1130-0002 (Deputy Tax Receiver, Overtime Earnings) 48. and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1994 Budget be amended as follows: 1) Increase the amount in the General Fund Revenue Account #001-001-4789-1993 (AMG- HUD Grant Revenue) in the amount of $275,000.; and 2) Increase the amount in the General Fund Expense Account #001-6989-4421 (AMG - HUD Grant Expense) in the amount of $275,000.; and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 3rd day of October, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None RESOLUTION TO AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK ST ATE DIVISION FOR YOUTH RESOLUTION NO.: 502.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury is eligible to apply for funds from the New York State Division for Youth, and WHEREAS, Harold R. Hansen, Director of Parks and Recreation, has prepared an application for the total amount of monies ($10,000.00) for reimbursement of recreation funds to be expended for the administration, supervision, and operation of year-round recreation programs and activities in 1995, with the understanding that although it may be possible to receive up to $10,000, the grant will most likely be in the amount of $8,119, which is based on youth population in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs Fred Champagne, Town Supervisor, to sign the funding application for submission to the New York State Division for Youth. Duly adopted this 3rd day of October, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 503.94 INTRODUCED BY: Mr. Nick Caimano 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: 01 - General Fund TO: 102 - Carey Road Ext. CP $ AMOUNT 1,000. 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 3rd day of October, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE FOR ROBERT NEMER/PETER NEMER RESOLUTION NO. 504.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically considering a request for change of zone by Robert Nemer/Peter Nemer whereby their parcel of land, known as Tax Map No. 109-3-27.2 and located on Quaker Road in the Town of Queensbury would be changed from LI-IA (Light Industrial- 1 Acre) to HC-IA (Highway Commercial- 1 Acre), thus modifying the existing Zoning Ordinance and Map, and WHEREAS, on or about July 18, 1994, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request to be submitted to the Town of Queensbury Planning Board for a report and recommendation, and WHEREAS, on or about the 23rd day of August, 1994, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board approval of the Petition for a Change of Zone for Messrs. Robert and Peter Nemer to Highway Commercial - 1 Acre, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and map, it is necessary pursuant to Town Law ~265 and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed rezoning has submitted a Full Environmental Assessment Form and completed Petition for a Change of Zone, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on November 7th, 1994, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification of the proposed rezoning to all said property owners that a public hearing will be held mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, Warren County Planning Board, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the action about to be undertaken is subject to SEQRA and that it desires to be lead agent for purposes of the SEQRA review, and BE IT FURTHER RESOLVED, that the Executive Director is hereby authorized and directed to forward the Application for Rezoning and Part I of the EAF and give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and to review and send any notices to potentially involved agencies that may be necessary, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency, if notice is necessary. Duly adopted this 3rd day of October, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION REQUESTING REPLACEMENT OF LIGHT FIXTURE AND POLE RESOLUTION NO.: 505.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury currently maintains light fixtures and poles along Quaker Road, near the Pine View Cemetery, and WHEREAS, the Town Board of the Town of Queensbury is desirous of having a light fixture and pole replaced that was knocked down and is currently missing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to request that Niagara Mohawk replace the light fixture and pole on Quaker Road, near the Pine View Cemetery, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute any and all documentation that may be necessary to accomplish the purposes of this resolution, and BE IT FURTHER, RESOLVED, that the cost of replacement of the light fixture and pole be a charge to the Lighting District. Duly adopted this 3rd day of October, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None Discussion held-Councilman Wiswall-We are replacing a pole on Quaker Road near the entrance to the office of Pine View Cemetery, this pole was knocked down sometime last winter and we have had a problem finding out who hit it or what the date was we own the poles and we have to replace them, it will cost $1,300 to do it... Discussion held regarding Deferred Compensation Plan-It was the opinion of the Board not to take any action on this at this point in time, will bring it up at the next meeting... RESOLUTION ADOPTING WARREN COUNTY FIRE SERVICE HAZARDOUS MATERIALS RESPONSE PLAN RESOLUTION NO.: 506.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the County of Warren has adopted a Fire Service Hazardous Materials Response Plan, a copy of which has been presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting a plan on behalf of the Town of Queensbury to be used in the event the Town of Queensbury is confronted with a hazard, threatening public health, safety, and welfare, NOW, THEREFORE, BE IT RESOLVED, the Town Board of Queensbury hereby adopts the annexed Warren County Fire Service Hazardous Materials Response Plan, and directs the Town Supervisor to furnish copies to all Town of Queensbury Volunteer Fire Companies and Emergency Squads as well as each Town Board Member and file the same with the Town of Queensbury Town Clerk, Fire Marshal, Planning Office and the Department of Building and Codes Enforcement. Duly adopted this 3rd day of October, 1994, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES : None ABSENT: Mr. Caimano Discussion held before vote-Councilman Monahan-Has this been to our Fire Companies and EMS Squads our Water and Highway Dept. for comment? Attorney Dusek-This is actually a temporary measure, the Fire Companies do have plans already in place and I am working with Ed Corlew he recommended that at least something be temporarily be put in place that covers the Town in case of certain instances that this refers to with the thought over the next several weeks we develop a plan that is more in sink with what the Fire Companies have and also address the issues you have raised Betty with regard to the Highway Dept. and other types of institutions such as the Sheriffs Office and everything else. Councilman Monahan-Does this commit them to any level of response that they are not doing now? Attorney Dusek-No. Warren County has this in place. Councilman Caimano-You can only go so far, what bothers me is that it strikes me when I read this quickly that on page five we have already gone further then the level we are supposed to go, I am not sure, that any of our people qualify as instant command officers under the ...... plan, I think we go to level two and I think level two is it is a hazardous material thing call in somebody who is a level three that is what bothers me about this whole plan. Councilman Monahan-Page 16 read from Response Level one...and Level two ... Level three...Councilman Caimano-The answer to my question is implied rather than stated, if you go to five it talks about the fact that the incident command officer will initiate action to protect life and liberty if you go to page 16, it indicates on number 4 under response level I the incident commander evaluates the need to declare a higher response level if appropriate, so it appears what they mean to happen here is that the Senior Fire Chief on the scene immediately makes a determination whether they are capable or not and while they are using the same term they really are just taking, who is in charge now and what do we do from here up. Attorney Dusek-There are multiple problems with this document in talking with Ed, here again the thought was get this in temporarily and then we have another plan coming down the line. Councilman Caimano-I think we should get something....Councilman Monahan-We want to make sure that we are not opening up our fire companies to anything that they are not... Councilman Caimano- Weare not doing that all we are doing is saying we need, you guys work out the details but we need to have a plan because we do not have one. Supervisor Champagne-What is our next step to clean this up Paul? Attorney Dusek-In the meetings with Ed Corlew that I have referred to we actually have a draft of a new plan but there were several problems with it and he had to go back and redraft it. My understand is though I will have that draft to you shortly, that is the one that will be circulated to the Highway Dept. and the Companies and make sure everybody is comfortable with it. (Councilman Caimano left the meeting before the vote) ATTORNEY MATTER Attorney Dusek -Noted he had a couple of additional resolutions... (Councilman Caimano-re-entered the meeting) Discussion held regarding the Malcolm Pirnie Engineering Contract for the land...The Board agreed to hold this resolution until the next meeting. Discussion held regarding Uniform Contract...The Town has had a uniform contract that has been running for three years, and there was a provision in the contract which indicated that you have to terminate it 90 days before otherwise it is automatically renewed for another three years, based on the concerns that I have received from a number of people around the town dealing with the uniform situation plus the fact that contract as your Attorney I will have to advise you that I would like to see the contract improved, so to make sure the Town did not get trapped into the contract for another three years I have sent a notice on Friday which was the deadline date and this would ratify that action. Councilman Caimano-Questioned what the problems were? Attorney Dusek-The term of the contract was three years and it provides for increases in the cost of the contract which don't mesh with the collective bargaining agreement that you have. There are other concerns regarding the uniforms... RESOLUTION TERMINATING AGREEMENT WITH UNIFIRST CORPORATION RESOLUTION NO.: 507.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and ratifies a letter sent by the Town Attorney to UniFirst Corporation indicating that the Town elects without waiving any legal rights to terminate any agreements that it may currently have with UniFirst Corporation for the provision of uniforms at the end of the term that is currently in effect, which the Town Board understands to be ending in approximately 90 days. Duly adopted this 3rd day of October, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Attorney Dusek-I will need an executive session with the Board on two issues. Councilman Caimano-Noted that there are people in the Town that would like us to consider a Pooper Scooper Law... Councilman Monahan-We have had that problem on Assembly Point Road and at Hovey Pond Park. Councilman Pulver-I have had a complaint about it on Hovey Pond Park and in some developments in the fourth Ward. Councilman Caimano-Noted enforcement will be a problem. I have received a lot of letter regarding our taking dollars out of charitable contributions, I would certainly be open to a compromise on that, like taking it out in three year increments or whatever so you do not hurt anybody, I would be willing to do that. Councilman Wiswall-Re: Pooper Scooper Law I think a law would help to prompt people to be a little more cooperative to pick up after their dogs. Councilman Pulver-Suggested that a sign up at Hovey Pond, just out of courtesy... Councilman Monahan-Noted the problem of cigarette butts at Hovey Pond...noted the property that is being considered for a park in West Glens Falls, the question has arisen are we taking it off the tax rolls, I have checked we are not taking it off, it is completely tax exempt. Councilman Pulver-I want to be sure Jim, I got the draft for the open space institute and it says you will be in contact with the Advisory Committee to schedule a meeting date, has everyone on the Advisory Committee received this? Executive Director Martin-That went out to the Planning Board, Town Board and Advisory Committee Members. Supervisor Champagne-You have received a budget tonight... Read a statement to the public. As Fiscal Officer for the Town of Queensbury I am very pleased to submit the 1995 Town of Queensbury Proposed Budget to the Town Board that represents approximately 3.6 increase without a tax increase. This increase is the result of restoring a few positions that were cut from the budget other improvements mandated by the State and from services necessary for the operation and maintenance of the Town. Further the drainage problems as we all are aware throughout the Town must receive our attention before we become liable for unsafe environments that require corrective action. Therefore I have allocated several thousand dollars to improve the drainage through out the Town of Queensbury. First and foremost before I go on I am very please with the cooperative spirit demonstrated by all department heads that provided budget information to me. The initial understanding for fiscal conservatism was evident throughout my meetings with them. The 1995 proposed Town Budget reflects the local economic conditions as it exists today. It reflects an economy that still remains stalled in the northeast and more specifically in our local region. As I am sure most of you are aware there were severe cuts in the Town Budget of the past two years, those cuts have left roofs leaking, equipment breakdowns and sever problems in managing the Town enforcement policies due to the lack of manpower. This practice if allowed to continue would severely limit and cripple the Town's future stability. Queensbury is progressive Town consistently this town has enjoyed the benefits of a growing retail and manufacturing base. Although there are dark clouds hanging over the area as businesses close their door and move from the region, government must continue to provide those essential services as a reasonable cost to satisfy the needs of the people and to improve the growth of the economy. The Supervisor's 1995 Town Budget reflects an increase up from fourteen million five to fifteen million. Major areas of impact on a budget include but are not limited to the following. 1. A drastic increase in the New York State Retirement fund from a zero level this year to a Thirty Seven Thousand Five Hundred Dollars next year. No control over that one. An independent auditor is proposed to examine and develop a uniform code system for all emergency services for the Town. This cost we believe will be well documented as we look at the future for those budgets coming in from our emergency services. Litigation against the Town for Article Ts have increased due to recent revals. The amount budgeted for this purposes is up from $9,000 in 1994 to approximately $20,000 for 95. Our Building and Grounds Dept. staff will increase by one laborer needed to adequately maintain the town's property at approximately 125,000. The contingency fund for 1995 has been increased from $25,000 to $100,000. I happen to believe that a contingency fund in this Town $25,000 just doesn't do it. Funds necessary to provide adequate heat for the highway garage and to improve the maintenance and operation of the vehicle located there will be up about $9,000. The zoning budget is up approximately 16% due to the purchase of software for the GIS system by about $8,000. The planning budget increase from $161,004. to $187,300 nearly a 20% jump. The cause for this action is again due to improving the computerization of the department for tracking property and the characteristics of those properties. Other increases of $30,918. includes such increases as legal and engineering services, which was not in this previous budget. An extremely high increase in the Town's drainage budget from $45,000 to $137,500 this reflect the severity of the drainage problems throughout our town, as I indicated earlier. This 205% increase will eliminate the unsafe conditions as we know them today that do exist throughout the Town. And to keep our roads and highways in excellent condition I have proposed to employ two additional motor equipment operators hopefully this increase in operators will help the town's eligibility to receive additional Chips funds. I am proposing an increase oflocal fundings for that purpose at $60,000 level. The building and codes budget has increased by one additional codes enforcement officer to start early in 1995 and the possibility of a second person to work in the zoning and the subdivision regulation area. Emergency Services funds, the over all request of 1,903,376. for emergency services has been trimmed to 1,729,039. this cut represents approximately a 10% slash in actual operating and capital improvement funds that were requested. The proposed budget is down from 1994 actual budget by $273,000 approximately 13.6%. Lets talk about our sewer. The Quaker Road Sewer Tax will decrease from $129.47 per point to as you heard this evening $128.12 per point, down $1.35. Pershing Ashley Coolidge Sewer District will increase approximately $14.66 per resident while Reservoir Park will decrease at about $32.00 per resident all other district basically will remain the same. Water property and use rates. The water tax rate is projected to decrease approximately $1.32 per thousand to $1.31 per thousand for the Queensbury parent district. Through consolidating all other districts into the parent district economy of size and a reduction of administrative expenses the district will see a slight decrease, however some smaller districts will experience an increase including Hiland Park where they have not been paying their share will go from 37 cents per thousand to $1.31, Sherman Avenue Extension will go from 94 cents to $1.31 and the Peggy Ann District will go from approximately $1.09 to that same $1.31. Administrative Assistant Personnel Director I strongly and I mean this strongly recommend the new position of Administrative AssistantlPersonnel Director to be included in the 95 Town fiscal plan. The person in this position will be responsible for managing all matters relating to recruiting, hiring, re-training and evaluating town employees as directed by the Town Board. Future responsibilities, potential responsibilities would include: 1. Develop and administer personnel policies as directed by the Town Board 2. Maintain personnel records for all employees 3. Foster and develop programs for improvement for employee effectiveness including programs of training, development, safety, health and counseling and to supervise the Civil Service Labor Relations also safety, Federal, State regulations and mandates such as DOT drug testing programs, Civil Rights, American Disability Act, Family leave Act, OSHA Standards, Sexual Harassment, and I could go on and on. There is a need for the Town to further develop rules and regulations and procedures relating to the laws mentioned above. I firmly believe that we could be liable for claims and lawsuits as a direct result of not having the adequate rules and regulations in place on the above mentioned matters. Further I am convinced that the Department Heads spend considerable time dealing with personnel matters that take a substantial time away from his or her regular professional duties and responsibilities. Also, this involves the department head with problems in an area of expertise for which in my opinion they are untrained and ill equipped to deal with. This position is budgeted for approximately $25,000. Thank you very much. OPEN FORUM Attorney Tom McDonough-I am associated with my wife and mother in law the Grey Court Motel on Route 9...Addressing the issue of the sign ordinance ... noted a billboard on Route 9 that advertised room rates at $39.00 what the big sign gave away the little lettering on the bottom took away... Noted the existing sign ordinance does not take care of the problem that was generated. Where there is an off set off premises sign permitted as in the billboard area it certainly there should be some ability for those who pass those rules that could prohibit this type of advertising, it does cause problems not only to the local business in the area but to the traveling public. Asked the Town Board to remedy this problem Discussion held by the Town Board-Attorney Dusek-Noted the sign ordinance should be looked at and see what revisions can be made...Councilman Monahan-Suggested standard oflettering, the legibility from a distance...Executive Director Martin-Noted that was used as a solution on tenant listing on shopping center SIgnS... Mr. Dave Kenny-Questioned 6" lettering on a billboard would not work...also noted that the business that is advertised on the billboard is closed for the winter. Executive Director Martin-There would have to be different standards created. Mr. Jim Weller-Earlier you adopted a resolution setting a public hearing on the Nemer property, questioned why the hearing wasn't set earlier? Attorney Dusek-We set them up 30 days to give us a chance to get around to the different agencies and get their approvals that we need to get and to send out notices of the EAF to adjoining communities... Mr. Weller-Route 149 Corridor Study was initiated in Feb. of 1993, I met with the Planning Committee in June and they indicated by the middle of August the commercial regulations are going to be finished and adopted in the middle of October...1 have read that you are studying rezoning in other parts of the Town I am curious of what the status of this Route 149 is... Councilman Monahan-Jim and I have a meeting set up Wednesday, we have met several other times in the interim, hopefully we will have the corrected version, Wednesday to see if it needs anymore fine tuning. As soon as that is completed it will be brought before the Town Board for comment and then it will be set up for public hearing. Executive Director Martin-Hearing probably in November...Rural Commercial Mr. Weller-When can we have something on the Residential Areas? Councilman Monahan-It is too soon to give a date. Mr. Weller-I am totally confused as to why it takes two years to give consideration to the rezoning of that particular corridor when it was to serve as a model for the rest of the town. Councilman Monahan-Described the project and noted she felt it had to be done in stages... Mr. Weller-Asked for a sign on the corner of Bay and Route 149. Mr. Tom McDermott-Sunnyside Road-Noted that we have been riding motorcycles on our property for 55 years, now people are telling us we cannot do it because it is an infraction. We are not bothering anybody we are in the back. Noted a lot of people have learned to ride there, whole families come and ride. Executive Director Martin-Neighbors came in my office complaining increased motorcycle usage in the corn fields behind their properties, bulldozer was back in there putting in a new dirt track in the corn field. I went to the site, I went to Elva your grandmother and she gave you permission to do that and I issued you a letter stating to stop because it was an expansion of a non-conforming use of the property and that is where it was left. I have drafted a Court Sununons and it is in the Attorney's Office to be reviewed if it is worth pursuing...1 have a petition of about six or seven people who live along that street that are complaining about it also. There has been riding for years, but this appeared to be a new site for the riding. The neighbors are basically accepting of the existing trails but the new location has got them upset. Supervisor Champagne-What they sense and it appears Tom that you are going to have some kind of racing back there, motor cross racing or whatever the word is...it looks to the neighbors that there is going to be a build up of activity there. Mr. McDermott-Nobody is allowed to ride unless they have my permission, it is only the people that I ride with. To have this back there for two months in the fall is the only time we can have it because they plow it, we do not ride in it, we ride in the back when it is plowed up and corn is in there we do not ride in it. It is good practice for us on the weekends that we cannot go too far... Supervisor Champagne-The difference between this year and last year is that we now have a constructed track. Mr. McDermott-We have four jumps and eight or ten corners. Before the track ran closer to their houses being that we are going to do this we moved it out in the back so there would be less noise and less dust. Mr. Tom Philo-Lake Sunnyside-I am a neighbor-Described the history of the riders in that field, making the track is nothing new I ran a bulldozer there myselLl954 and in the 60's ... is there anyway that this is grandfathered, that was a track they used to race on it... Attorney Dusek-Noted he was looking into the issue, are there existing rights to continue the activity...the property is zoned residential, non-conforming use is allowed to stand....that is what we have to check out... Councilman Monahan-I will re-iterate what I have said for fifteen years I think the County with the amount of interest there is in this area and off road vehicles needs to think of addressing that, we have provided snowmobile trails in fact snowmobile trails actually were built on a lot of the trails that the motorcyclists built and the snowmobiles took them over and made it illegal to ride the off road bikes on it or ATVs we have made alot of places for the mountain bikes I really think on the County level they need to address picking up one hundred acres and putting in some courses, I think it would answer a terrific need in this area. Mr. McDermott -Spoke to the Board indicating that there are communities that have A TVs and Recreational Vehicle trails... Mrs. Barbara Bennett -Queensbury- Thank you for reviewing the budget. Questioned if there would be a referendum on the Water Treatment Plant expansion? Councilman Caimano- The cost of the plant as currently perceived will be cheaper, with Hudson Falls and everybody coming in will be less in terms of the water rate than the 8 million dollar plant would have been without Hudson Falls. We had no capacity to put Hudson Falls in it, that was one of the reasons why we wanted to make a larger plant, so we would have enough water for us and help reduce the cost. This is not a new plant but an expansion of an existing plant and therefor does not go to referendum. Supervisor Champagne-Asked for further comments...Open Forum Closed. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 508.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby approved the Audit of Bills as appears on Abstract dated 10-3-94 and numbered 94375900 - 9404300 and totaling $ 678,407.01. AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSTAIN: 000127 Mr. Caimano ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 509.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss one matter currently in litigation Town of Queensbury vs. Saratoga Associates and second matter of Attorney Client Privilege dealing with Queensbury Forest. Duly adopted this 3rd day of October, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 510.94 INTRODUCDED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and moves back in to Regular Session. Duly adopted this 3rd day of October, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None DISCUSSION HELD: Councilman Monahan -Questioned the Nemer Application and asked the Board to consider resolution in the future. Set up agenda for Thursday's Meeting at 4:00 P.M. Discussion held regarding Nimo refund $146,000 and the what will be paid to Keith Laake for his work. RESOLUTION CALLING FOR ADJOURNMENT RESOLUTION NO. 511.94 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 adjourns its meeting. Duly adopted this 3rd day of October, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury