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1995-12-04 REGULAR TOWN BOARD MEETING DECEMBER 4, 1995 7:04 P.M. MTG #65 RES 604-629 B.H. 20-21 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Water Superintendent, Tom Flaherty Jim Martin, Executive Director of Community Development Cathy Geoffroy, Comptroller PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor called meeting to order ... RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF CERTAIN OFFICE SUPPLIES RESOLUTION NO. 604, 95 INTRODUCED BY: MRS. BETTY MONAHAN WHO MOVED ITS ADOPTION SECONDED BY: MRS. CONNIE GOEDERT WHEREAS, the Town Assessor's Office has requested a resolution of the Town Board authorizing the purchase of 13,000 new folders, color-coded numerical tabs, and the authorization to expend funds to print and install the numerical tabs, the total cost of which for the 1995 year will not exceed $5,800., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Assessor to solicit quotes for the purchases and services to be acquired, and upon the solicitation of the quotes, purchase the supplies and arrange for the services indicated, provided that the lowest quote does not exceed the sum provided in this resolution, and BE IT FURTHER, RESOLVED, that the purchase of the folders and color-coded numerical tabs, shall be from Account No.: 01-1355-4010, and the printing and installation of the numerical tabs shall be paid for from Account No.: 01-1355-4400. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING RETENTION OF HARTGEN ARCHEOLOGICAL ASSOCIATES, INC. RESOLUTION NO. 605, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury has secured a municipal project grant under the Land and Water Conservation Fund and the Environmental Quality Bond Act of 1986, and WHEREAS, the grant was secured for the purposes of funding the development of a park adjacent to the Hudson River, off of Big Boom Road, in the Town of Queensbury, and WHEREAS, the aforementioned park has been described in previous resolutions, and the Town Board is undertaking to review the project under SEQRA, and WHEREAS, the Town Board has been advised of the need for an archeological survey, and Hartgen Archeological Associates, Inc. has offered to perform said survey, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of Hartgen Archeological Associates, Inc. for purposes of conducting a site file search, site visit and preparation of the SEQRA Stage lA literature review report, at a cost of $800.00, with payment to be made within 30 days after the date the report and an invoice for the services is received, together with an appropriately completed Town voucher, and BE IT FURTHER RESOLVED, that the expenditures authorized herein shall be paid for from the Miscellaneous Contractual Account (Account No. 001-7110-4400). Duly adopted this 4th day of December, 1995, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT None Mr. Jim Martin, Executive Director lead the Town Board through Part II of the Short Environmental Assessment Form: A, Does action exceed any type I threshold in 6 NYCRR, Part 617.12? No B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? No C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? No C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? No C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? No C6, Long term, short term, cumulative, or other effects not identified in C l-C5 ? None C7, Other impacts? None D, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? No RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE CONCERNING EXCHANGE OF EASEMENTS IN STONEHURST SUBDIVISION RESOLUTION NO. 606, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is considering the relocation of a drainage easement in the Stonehurst Subdivision, south of Thistle Drive and through Lot 30, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which required environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in ~617 .11, and thoroughly analyzing the project 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 Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 4th day of December, 1995, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION CONCERNING EXCHANGE OF EASEMENTS IN STONEHURST SUBDIVISION RESOLUTION NO. 607, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Planning Board, in 1983, gave approval to the Stonehurst Subdivision, and WHEREAS, in 1985, Maine Enterprises, Inc., dedicated to the Town of Queensbury, certain land for road purposes, and also a 20' drainage easement through Lot 30 in said Stonehurst Subdivision, said drainage easement being more specifically described by a metes and bounds description, and WHEREAS, it has come to the attention of the Town Board of the Town of Queensbury that the drainage easement that was conveyed to the Town is not in the same place as the drainage easement shown on the approved subdivision plat, and it has also been brought to the attention of the Town Board, that a house is being constructed in the area of the drainage easement that was conveyed, and WHEREAS, the developer has proposed to relocate the drainage easement that was deeded to the Town of Queensbury in 1985 to an area closer to that shown on the original subdivision map approved by the Planning Board in 1983, and WHEREAS, the Planning Office and an engineer for the Town have reviewed the proposed relocation of the drainage easement and have offered opinions concerning the same to the Town Board, and WHEREAS, a deed describing the area where the drainage easement will be relocated has been presented to the Town Board, and the Town Attorney has received other papers that are required to be filed in connection with the deed, as well as reviewed title to the property, and has advised that he has no objections to the title to the property, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves acceptance of the deed offered for the relocated easement and further authorizes the Town Supervisor and Town Attorney to execute any documents that may be necessary to arrange for the acceptance and recording of the easement, including the causing of the placement of the Town seal on any documents that may be necessary, with the understanding, however, that the costs of recording the documents will be paid for by the Developer, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby, on behalf of the Town, agrees to relinquish any and all rights it has in an easement conveyed to the Town, by way of deed from Maine Enterprises, Inc., dated November 5, 1985 and filed at Liber 676 Page 632, and more specifically described therein as a 20' wide drainage easement in the Stonehurst Subdivision, south of Thistle Drive and through Lot 30, and further described by a metes and bounds description therein, and the Town Board of the Town of Queensbury also authorizes the Town Attorney and Town Supervisor to execute and place the Town's seal on any documents that may be required to cause the acceptance and recording of any documents that may be required to indicate the relinquishment of rights stated herein. Duly adopted this 4th day of December, 1995 by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Executive Director, Mr. Martin noted for the record that the engineering fees associated with review of this have been paid for as of today by the applicant. Attorney Dusek stated, after a considerable amount of thought as well as research and information provided to me by the applicant's attorney John Caffry, I feel that you can eliminate the last clause calling for permissive referendum on that resolution. The reasoning behind that is, the permissive referendum is always required when you're actually conveying out property but as I read the statute, it's my opinion that the statute is really anticipating those situations where you're conveying out property, not just simply moving something over. Also, I'm persuaded by the fact that the applicant has actually come very close in compliance with what was originally there and what the town originally had in terms of an easement, was not at all consistent with what we had on the subdivision maps. So, I think this, there's a strong case to be made that this is basically a correction type of thing, we're simply moving it over. Town Board agreed and the resolution was so amended. (vote was taken) RESOLUTION RESCINDING RES. 554, 95 WHICH AUTHORIZED RETENTION OF CTM LABORATORIES FOR WATER TESTING AND SAMPLING AT THE TOWN OF QUEENSBURY LANDFILL RESOLUTION NO. 608, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, by Resolution No.: 554, 1995, authorized the retention of CTM Laboratories for water testing and sampling at the Town of Queensbury Landfill, and WHEREAS, CTM Laboratories has withdrawn their quote, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds Resolution No. 554, 95 which authorized retention of CTM Laboratories for water testing and sampling at the Town of Queensbury Landfill. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None Town Board held discussion, agreed to re-bid the water testing and sampling for the Queensbury Landfill and therefore pulled resolution 1.6 from the agenda. RESOLUTION AUTHORIZING CHANGE ORDER NO.1 LANDFILL CLOSURE PROJECT RESOLUTION NO. 609, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously authorized and approved the Landfill Closure Project, and WHEREAS, Malcolm Pirnie, Inc., the Engineer for the project, in their letter dated November 14, 1995, recommends Change Order No.1, which covers all extra work items and credits throughout the Landfill Closure Project, including some items authorized and approved by the Town during the course of the work, and WHEREAS, Delaney Construction Corp., Inc., Contractor for said Landfill Closure Project, has performed the work of Change Order NO.1 in the amount of $150,997.74, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Change Order NO.1 described in a letter dated November 14, 1995 from Malcolm Pirnie, Inc., and set forth hereinabove, said Change Order NO.1 to be in the amount of $150,997.74, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute, on behalf of the Town of Queensbury, the Change Order NO.1 and/or other documents that are necessary to accomplish the intent and purposes of this resolution. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL," TO AMEND ARTICLE XXIV CONCERNING "ESTABLISHMENT OF SEWER RENTS." RESOLUTION NO. 610, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1995, A Local Law to Amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal", to amend Article XXIV concerning "Establishment of Sewer Rents," and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, 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, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 18th day of December, 1995, to consider said Local Law No. _, 1995 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. _, 1995 in the manner provided by law. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None (the following answers were done by the Town Attorney and agreed to by the Town Board) A, Does action exceed any type I threshold in 6 NYCRR, Part 617.12? No B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? No C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? No C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? No C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? No C6, Long term, short term, cumulative, or other effects not identified in C l-C5 ? No C7, Other impacts? None D, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF DEDICATION OF CERTAIN LAND LYING AND EXISTING UNDER AND ADJACENT TO A PORTION OF KNOX ROAD RESOLUTION NO. 611, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of certain property lying and existing under and adjacent to a portion of Knox Road, adjacent to the Sunset Hill Farm Subdivision, offered for dedication by Paul Knox, III, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which required environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in ~617 .11, and thoroughly analyzing the project 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 Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 4th day of December, 1995, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF CERTAIN LAND LYING AND EXISTING UNDER AND ADJACENT TO A PORTION OF KNOX ROAD RESOLUTION NO. 612, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Paul Knox, III, has offered a deed to dedicate to the Town of Queensbury, certain land lying and existing under and/or adjacent to a portion of Knox Road and adjacent to the Sunset Hill Farm Subdivision, which is more particularly described in a copy of the survey map and deed presented at this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he is familiar with Knox Road and the property proposed to be dedicated to the Town of Queensbury and is of the opinion that acquisition of the same is in the best interest of the Town of Queensbury, and WHEREAS, the form of the deed and title to the road and right-of-way offered for dedication has been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the environmental effects of the proposed action by previous resolution and issued a Negative Declaration pursuant to the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of the said certain real property lying and existing under and adjacent to a portion of Knox Road be and the same is hereby accepted and approved, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None (the following answers were done by the Town Attorney and agreed to by the Town Board) A, Does action exceed any type I threshold in 6 NYCRR, Part 617.12? No B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? No C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? No C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? No C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? No C6, Long term, short term, cumulative, or other effects not identified in C l-C5 ? No C7, Other impacts? None D, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ACCEPTING DEDICATION OF PROPERTY FOR RECREATION AREA AT CLENDON BROOK SUBDIVISION FROM ELIO CERRONE RESOLUTION NO. 613, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is considering accepting 29.12 acres of land for dedication as a recreation area at the Clendon Brook Subdivision from Elio Cerrone, said property being located on Luzerne Road (a portion of tax parcel #121-1-53.1), in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA, which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board 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 project 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 Board hereby finds that the proposed responses inserted in Part II of the said environmental assessment form are satisfactory and approved, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said environmental assessment form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 4th day of December, 1995, by the following vote: AYES Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None ABSTAIN: Mrs. Goedert DISCUSSION BEFORE VOTE: Councilman Pulver noted there was a recommendation from the Recreation Commission on this and would like the letter attached to the resolution too. Attorney Dusek noted that this was actually approved by the Town Board by discussion at a Town Board Meeting in 1994. Executive Director, Mr. Martin noted this also has the recommendation from the Planning Board as well. Councilman Goedert questioned how much property is involved? Councilman Turner noted 29 acres. Councilman Goedert questioned what it takes off the tax roll? Attorney Dusek noted that it was assessed around $50,000.00. (vote was taken) RESOLUTION ACCEPTING DEDICATION OF PROPERTY FOR RECREATION AREA AT CLENDON BROOK SUBDIVISION FROM ELIO CERRONE RESOLUTION NO. 614, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury is desirous of accepting land for dedication as a recreation area from Elio Cerrone, said property being located on Luzerne Road (29.12 acres; a portion of tax parcel #121-1-53.1), in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that, pursuant to the Town Law of the State of New York, Section 64(6), the Town Supervisor is hereby authorized to execute and place the seal of the Town of Queensbury on any and all documents necessary to arrange for transfer of ownership of the property to the Town of Queensbury, and arrange for the filing of the documents with the Town Clerk and the Warren County Clerk's Office, as may be necessary. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : Mrs. Goedert ABSENT: None RESOLUTION APPROVING MODIFICATION AGREEMENT BETWEEN THE TOWN OF QUEENSBURY, HUDSON POINTE, INC., AND THE OPEN SPACE INSTITUTE CONCERNING CONSERVATION AREAS IN HUDSON POINTE PUD RESOLUTION NO. 615, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury, the Open Space Institute, and Hudson Pointe, Inc., have heretofore entered into an agreement titled, "Hudson Pointe P.UD. Conservation Area Agreement," which agreement provided for, among other things, the expenditure of $20,000., by the Open Space Institute, not later than December 31, 1995, and WHEREAS, in accordance with discussions had between the parties, all parties would like to extend the time in which the Open Space Institute may expend the sum of $20,000., provided in the aforesaid agreement, until June 30, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Modification Agreement presented at this meeting, which agreement modifies the Hudson Pointe P.UD. Conservation Area Agreement, and hereby further authorizes and directs the Town Supervisor to execute the same on behalf of the Town of Queensbury, and arrange for the placement of the seal on said agreement if it is necessary, and to take such other and further steps to carry out the terms and provisions of the Modification Agreement as may be necessary. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION AMENDING RES. 515, 95 CONCERNING APPOINTMENT OF MEMBERS TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 616, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury by previous resolution no. 515,95 dated October 2, 1995, re-appointed Mr. Paul Davidson and Dr. Charles Hauser to serve as members of the Board of Assessment Review, and WHEREAS, it has come to the attention of the Town Board of the Town of Queensbury that Dr. Charles Hauser's previous term expired in 1992 and therefore, his current term should expire in 1997 and not the year 2000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 515, 95, such that Mr. Paul Davidson is re-appointed with the term to expire on September 30, 2000, and Dr. Charles Hauser's term is to expire on September 30, 1997. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING THE USE OF FIRE COMPANY RESERVE MONEY FOR DEBT SERVICE PAYMENTS RESOLUTION NO. 617, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., entered into an agreement dated December 30, 1994, and such agreement is still in full force and effect, and WHEREAS, said agreement sets forth a number of terms and conditions, including an agreement that monies provided in the agreement for vehicle funds will not be transferred into or out of without the approval of the Town Board of the Town of Queensbury, and WHEREAS, the President of the Fire Company has requested the following budget amendments/transfers of funds: FROM AMOUNT 1995 Truck Fund Reserve 1994 Truck Fund Reserve 1995 Debt Service-LaSalle Loan and TO Debt Service - Loan 320 Debt Service - Loan 320 Debt Service - Loan 320 $15,000. 5,000. 42,000. WHEREAS, said transfer will allow the Fire Company to pre-pay the debt service on Loan 320 and save an estimated $20,000., in future interest cost, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the following transfer of funds for the Bay Ridge Fire Company, Inc.: FROM AMOUNT 1995 Truck Fund Reserve 1994 Truck Fund Reserve 1995 Debt Service-LaSalle Loan TO Debt Service - Loan 320 Debt Service - Loan 320 Debt Service - Loan 320 $15,000. 5,000. 42,000. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING PAYMENT OF THE COST OF PREPARATION OF MAP, PLAN, AND REPORT FOR BAY ROAD SEWER DISTRICT RESOLUTION NO. 618, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is interested in studying a proposed Bay Road Sewer District, and WHEREAS, it will be necessary to have a licensed engineer prepare a map, plan, and report in order to evaluate said request, and WHEREAS, pursuant to ~209-b of the Town Law of the State of New York, the Town Board may adopt a resolution, subject to permissive referendum, appropriating a specific amount to pay for the cost of preparing a general map, plan, and report, for providing facilities, improvements, or services in any portion of the Town, and WHEREAS, O'Brien & Gere Engineers, Inc., have offered to prepare a map, plan and report of the proposed Bay Road Sewer District, in an amount not to exceed $8,500., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and appropriates the sum of $8,500., to be paid for from Engineering Services Account No.: 001-1440-4400, to pay the cost of preparing a general map, plan, and report for the Bay Road Sewer District, and BE IT FURTHER, RESOLVED, that such map, plan, and report shall conform with the requirements of ~209-c of the Town Law of the State of New York, and that such map, plan, and report shall be prepared by and under the supervision of O'Brien & Gere Engineers, Inc., and BE IT FURTHER, RESOLVED, that this resolution shall be subject to permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York, and within ten days after the adoption of this resolution, the Queensbury Town Clerk shall post and publish a notice which shall set forth the date of adoption of this resolution, and a copy of this resolution, and said notice shall specify that such resolution was adopted subject to permissive referendum. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None Town Board held discussion regarding the two previous studies conducted in the past for this particular area. (vote was taken) RESOLUTION TO INSTALL STREET LIGHTS ON CORINTH ROAD RESOLUTION NO. 619, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of street lights on Corinth Road - Exit 18 of the Northway, NOW, THEREFORE, BE IT RESOLVED, that the following street lights be installed on Corinth Road - Exit 18 of the Northway, said lights being in the Western Queensbury Lighting District, and as follows: One (1) 250W HPS Lamp and Standard Luminaire on an existing wood pole, on the Northeast Side of Corinth Road; and One (1) 250W HPS Lamp and Standard Luminaire on a new wood pole, on the Southwest Side of Corinth Road; and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements through Niagara Mohawk Power Corporation, and BE IT FURTHER, RESOLVED, that payment for said lights shall be paid for as a general Town charge. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION REGARDING COMMENTS ON THE DRAFT STORMW ATER REGULATIONS CURRENTLY UNDER CONSIDERATION BY THE LAKE GEORGE PARK COMMISSION RESOLUTION NO. 620, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Lake George Park Commission has published and provided to the Town of Queensbury a draft set of changes to the Stormwater Regulations consisting of a feasibility report, Draft Environmental Impact Statement, revisions to the current regulations, and a new model Stormwater Ordinance, and WHEREAS, the Executive Director of Community Development has discussed the revisions with the Town Board in a previous Workshop Session, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby directs the Executive Director, on behalf of the Town of Queensbury, to forward the letter dated December 4, 1995 and attached to this resolution to the Lake George Park Commission, as a means of providing the Town's comments on the aforementioned Draft Regulations. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING THE CLOSING OF THE DRAINAGE FUND AND TRANSFERRING THE BALANCE TO THE GENERAL FUND #01 RESOLUTION NO. 621, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the drainage fund was established many years ago for a specific drainage project and has been inactive for over ten years, and WHEREAS, the Town Comptroller of the Town of Queensbury recommends that the drainage fund be closed, and WHEREAS, the funds for the drainage project initially came from the General Fund (#01), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby directs and authorizes the drainage fund to be closed and that any remaining fund balance (approximately $10,000) be transferred to the General Fund. Duly adopted this 4th day of December, 1995, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADOPTING REVISED POLICY FOR ALL LIGHTING DISTRICTS IN THE TOWN OF QUEENSBURY RESOLUTION NO. 622, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, a number of lighting districts have been established in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury adopted a policy applicable to all lighting districts as to where, when, and how public roads within the lighting districts will be illuminated, and WHEREAS, a copy of a proposed Revised Lighting District Policy has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the Revised Lighting Policy presented at this meeting and establishes the effective date as December 5th 1995. Duly adopted this 4th day of December, 1995 by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO. 623, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, certain departments have requested transfers of funds for the 1995 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 1995 budget: ASSESSMENT: FROM: 01-1355-1002 (Misc. Payroll) 01-1355-4010 (Office Supplies) 01-1355-4400 (Misc. Contractual) 01-1355-4741 (Re-Val Project) 01-1355-4741 (Re-Val Project) BUILDING & GROUNDS: FROM: 01-1620-1400 (Laborer-A) COMPTROLLER: FROM: 001-1315-1090-0002 (Account Clerk- Overtime) 01-1315-1100-0002 (Senior Account Clerk - Overtime) 01-1315-2032 (Computer Software) 01-1315-4100 (Training & Education) 01-1315-4040 (Dues & Registration) 01-1315-4050 (Books & Publications) 01-1315-4090 (Conference Expense) 01-1990-4400 TO: 01-1355-1730 (Assist. to Assessor) 2,000. 01-1355-4050 (Books, Pubs. & Subscriptions) 01-1355-2031 (Computer Hardware) 2,200. 01-1355-4010 (Office Supplies) 3,600. 01-1355-4400 (Misc. Contractual) 2,200. TO: 01-1620-4400-0022 (Misc. Contractual - Town Office Building) TO: 001-1315-2100 (Computer Hardware) $ 814.86 01-1315-2100 (Computer Hardware) 1,013.80 01-1315-2100 (Computer Hardware) 01-1315-2100 (Computer Hardware) 1,106.17 01-1315-2100 (Computer Hardware) 01-1315-2100 (Computer Hardware) 01-1315-2100 (Computer Hardware) 01-1440-4400 4,600. $ AMOUNT: 100. $ AMOUNT: 200. $ AMOUNT: 82.55 15.75 23.10 59.16 (Contingency) PARKS & RECREATION: FROM: AMOUNT: 01-7020-1340 (Recreation Specialist) 01-7020-1002 (Miscellaneous Payroll) PARKS & RECREATION: FROM: AMOUNT: 01-7020-1002 (Miscellaneous Payroll) 01-7020-1340 (Recreation Specialist) 01-1990-4400 (Contingency) SUPERVISOR: FROM: 01-1220-2032 (Computer Software) 01-1220-4010 (Office Supplies) WASTE WATER: FROM: 032-1990-1002 (Misc. Payroll) 032-8130-4425 (GF Sewer Charges Treatment & Disposal) TOWN BOARD: (Engineering) TO: 01-7020-4100 (Telephone Use) 01-7110-1460-0002 (Mechanics - Overtime) TO: 01-7110-1470-0002 (Working Foreman- Overtime) 01-7020-1690 (Recreation Attendant) 2,400. 01-7110-4400 (Misc. Contractual - Parks) TO: 01-1220-4050 (Books & Subs.) 01-1220-4050 (Books & Subscr.) TO: 032-8110-1830 (Waste Water Director) 032-8120-4791 (Equipment Maintenance) 2,000. 510. 400. 600. 800. $ AMOUNT: 100. 50. $ AMOUNT: 100. FROM: TO: $ AMOUNT: 01-10 10-4090 (Conference) 01-10 10-4400 (Misc. Contractual) 200. and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING DISPOSAL OF ROAD SAND, DIRT, AND VEGETATIVE MATTER RESOLUTION NO. 624, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 151,94, authorized the Town Highway Superintendent to dispose of road sand collected by the Highway Department after sweeping Town Roads, and WHEREAS, the Town Board of the Town of Queensbury desires to amend resolution no. 151,94, to authorize the Town Highway Superintendent to also dispose of dirt and vegetative matter that may be acquired during the course of widening roads, reestablishing or reconstructing shoulders of the roads, and/or other improvements to Town Roads, which the Town Board and Town Highway Superintendent feel has no value unless specifically needed for a Town project, NOW, THEREFORE, BE IT RESOLVED, that resolution no. 151, 94 is hereby amended to read as set forth hereinabove. Duly adopted this 4th day of December, 1995 by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING THE RETENTION OF THE SERVICES OF AMTEK MANAGEMENT SERVICES CORP. (AMTEK) FOR ADDITIONAL WORK RESOLUTION NO. 625, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously authorized the retention of the services of Amtek Management Services Corp. (AMTEK) to provide various personnel services, and WHEREAS, it was necessary that AMTEK perform additional services, i.e., three additional job descriptions at the cost of $85 for each, for a total cost of $255., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the additional services of Amtek Management Services Corp., (AMTEK) as stated in the preambles of this resolution, at the total cost of $ 255., and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from Account #01- 1430-4400. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Ms. Geoffroy, Comptroller reviewed the resolution with the board. After discussion, the Town Board agreed to three additional job descriptions. (vote was taken) RESOLUTION AUTHORIZING MODIFICATION NO.3 - ADDITIONAL CHAIN LINK FENCING - CONTRACT NO. 31A - WATER TREATMENT PLANT EXPANSION RESOLUTION NO. 626, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury previously authorized and approved the expansion of the Water Treatment Plant, including, as part of that expansion, Contract No. 31A, General Construction, and WHEREAS, O'Brien & Gere Engineers, Inc., in their letter dated November 27, 1995, recommends Modification NO.3 consisting of the following scope of work: Modification NO.3 consists of furnishing and installing an additional 1,907 LF ofT high chain link fence as per the existing contract technical specifications. This fencing shall be installed at the freeze dry beds as directed by the Town of Queensbury; and WHEREAS, U. W. Marx, Inc., General Contractor for Contract No. 31A, has offered to perform the work of Modification NO.3 in the amount of $27,018., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the modification described in a letter dated November 27, 1995 from O'Brien & Gere Engineers, Inc., and set forth hereinabove, said modification to be in the amount of $27,018., and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute, on behalf of the Town of Queensbury, any change orders or other documents that are necessary to accomplish the intent and purposes of this resolution. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Mr. Flaherty, Water Superintendent reviewed the modification with the Town Board. (vote was taken) RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 627, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and hereby enters as the Queensbury Board of Health. Duly adopted this 4th day of December, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR MR. KEVIN DINEEN RESOLUTION NO. 20, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Mr. Kevin Dineen has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Seepage Pit 150' and WHEREAS, Mr. Kevin Dineen has indicated a desire to place the seepage pit 125' from his neighbor's well, rather than placing it at the mandated 150' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on December 18th, 1995, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Kevin Dineen to place the seepage pit 125' from his neighbor's well, rather than placing it at the mandated 150' distance, on property situated at 149 Birdsall Road, Town of Queensbury, New York, and bearing Tax Map No.: Section 40, Block 1, Lot 31, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 4th day of December, 1995, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 21, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Queensbury Board of Health hereby adjourns and the Town Board of the Town of Queensbury enters Regular Session. Duly adopted this 4th day of December, 1995, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None QUEENSBURY TOWN BOARD DISCUSSIONS 4.1 Fire / EMS Contracts Town Board reviewed proposed contracts, recommendations were made and resolutions will be forthcoming. 4.2 AT&T Telephones Supervisor Champagne referred to references for the proposed phone system. Noted that he spoke with the City of Saratoga and with the Business Council of New York State and AT&T received high praise, that they were both extremely happy with the system. Ms. Geoffroy, Comptroller noted that Dan from AT&T met with all department heads as requested and the town has not received the revised numbers but should be hearing from them some time this week. 4.3 Organizational Meeting Town Board held discussion and agreed to the proposed date of January 3, 1996 at 7:00 p.rn. 4.4 Drug & Alcohol Policy Supervisor Champagne noted it's still pending. 4.5 Wage & Salary Structure Supervisor Champagne submitted salary structure handout to the board to look over. 4.6 Building Maintenance Mechanic (new position) Town Board held discussion regarding new position, no decision made but will continue discussion at the next workshop meeting. Town Board items: Supervisor Champagne submitted handout regarding consolidation of departments for the board's review and for possible discussion at next workshop meeting. Councilman Goedert would like to recommend that when a town employee receives a letter of recognition, it should be read into the record so that all departments receive the same acknowledgement. Would like to recognize Sue Cipperly who has received numerous letters of thanks, going above and beyond. Would also like to recognize Colleen Kimble who, according to Mr. Martin has a whole file of letters. OPEN FORUM 9:35 P.M. Pliney Tucker, Queensbury referred to resolution 1.12, accepting dedication of property for recreation at Clendon Brook Subdivision and questioned how many acres are involved? Councilman Turner noted there's 29.12 acres. Mr. Tucker-What did it include? Executive Director, Mr. Martin-Where Luzerne Road crosses Clendon Brook by the Clendon Ridge Subdivision, basically the east side of the brook heading north for a distance, that area in there has now been accepted. Mr. Tucker-Is that designated wetlands? Executive Director, Mr. Martin-A section of it, yes. Mr. Tucker-In lieu of recreation fees, how much? Executive Director, Mr. Martin-I think approximately 20 acres, that would have been ten thousand dollars. Remember, and this is a common reference to this subject, it's not the land is in lieu of the fee. It's the exact opposite, the land is the first offer and then if that can not be made or worked out, the fee is in lieu of that. So, it would have been ten thousand dollars had you declined the land and taken the fee. Mr. Tucker-I would like to point out, this recreation fund was established when the growth started in the Town of Queensbury. At the time the fund was established, most of the development was on prime property. As I sit here tonight, I know that if this developer could have built houses on that 29 acres, the town would have never got it. Number 1, this 29 acres was used when the development was approved, I'm sure when he was approved for the number of units on that land, he was told he could not do anything with that 29 acres. Number 2, we take it as recreation land, it comes off the tax roll and number 3, he no longer has to pay taxes on it. So, it appears to me that this developer gets to use the benefit from this land three times and the guys paying for it are the taxpayers. Questioned resolution 1.15, approving use of fire company reserve fund money for debt service? Councilman Goedert-Noted, one of the agencies last year received a certain amount of money to pay on a loan but the loan comes due ten days previous to them getting their town funds. So, they used their own money to pay the loan payment to save interest. Therefore they had a certain amount of funds last year that were allocated for loan payment that were not used in a loan payment so the only thing they're doing is using it on a loan payment of a different truck. The reason it was pulled last time was because I needed some clarification. It was funds that were allocated to them and they used their own funds, now we offset it by paying back their loan. Mr. Tucker-Referred to the resolution regarding map, plan and report for Bay Road Sewer. Questioned whether there are requests from people along Bay Road for sewering? Supervisor Champagne-Yes, enough to generate this study. Mr. Tucker-Questioned the size of lights being placed on Corinth Road. Councilman Turner-They will be 250 watt high pressured sodium lamps. Mr. Tucker-Referred to the Hudson River Park and questioned the Supervisor if he signed the letter of intent? Supervisor Champagne-Yes, a long time ago. Mr. Tucker-Referred to the bike trail proposal and would like to see some money spent in ward 4. Councilman Goedert-Noted that both Luzerne Road and Peggy Ann Road is part of the bike trail proposal. Supervisor Champagne-In fact, most of the development of the bike trail is in the 4th ward. Mr. Tucker-Questioned whether the buy in charge for West Glens Falls has been determined? Attorney Dusek noted that it has not been determined yet but that within the next few weeks the town will need to resolve that in terms of exactly what is a fair cost to the district. OPEN FORUM CLOSED RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 628, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss one matter of attorney/client advice concerning a claim that is involving an insurance company that was in liquidation and bankruptcy, collection matters to discuss potential litigation, an attorney/client matter concerning a matter that's in bankruptcy and strategy of the town in connection with that matter needs to be discussed and a matter in terms of advice concerning a claim that the town is making. Duly adopted this 4th day of December, 1995, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN RESOLUTION NO. 629, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and Town Board Meeting. Duly adopted this 4th day of December, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY