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2003-08-04 Regular Town Board Meeting, August 4th, 2003, Mtg #34 481 REGULAR TOWN BOARD MEETING AUGUST 4TH, 2003 7:15 P.M. Mtg #34 BOH Res. #28-29 Res. #351-371 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Henry Hess, Comptroller Chris Round, Executive Director of Community Development Ralph VanDusen, W aterlW astewater Superintendent PRESS: Post Star Supervisor Brower called meeting to order. . . PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BOOR RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 351,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 4th day of August, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF STEVEN AND AGNES ROSEN BOARD OF HEALTH RESOLUTION NO.: 28,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor Regular Town Board Meeting, August 4th, 2003, Mtg #34 482 WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Steven and Agnes Rosen have applied to the Local Board of Health for a variance from Chapter 13 6 to install a fill system one foot, four inches, (1' 4") from the north property line in lieu of the required ten feet (10') setback, and one foot, eleven inches, (I'll") from the south property line in lieu of the required ten feet (10') setback(s) on property located at 262 Cleverdale Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 18th, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Steven and Agnes Rosen's sewage disposal variance application concerning property located at 262 Cleverdale Road, Queensbury (Tax Map No.: 226.16-1-48) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Mr. and Mrs. Rosen's property as required by law. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 29,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 4th day of August, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None Regular Town Board Meeting, August 4th, 2003, Mtg #34 483 ABSENT: None REGULAR SESSION PUBLIC HEARING - QUEENSBURY CONSOLIDATED WATER DISTRICT IMPROVEMENTS NOTICE SHOWN 7:18 P.M. SUPERVISOR BROWER-I see Mr. VanDusen is in the house, would you care to come forward Ralph with or without your engineer? MR. RALPH VANDUSEN, WaterlWastewater Superintendent-Just very briefly, it's a project that we've talked about, ties in several dead ends within the existing Queensbury Consolidated Water District and I'll immediately turn it over to Rich Straut, the engineer from Barton & Loguidice that is handling the project. MR. RICH STRAUT, Engineer-Basically the project involves a strengthening of the water transmission system which is the, or the main, the major pipe lines that bring water through the town. This is a strengthening of the system to bring water from the west to the east. As you know, the treatment plant is on the western edge of the town. Most of the water right now that comes through the town from west to east comes through a sixteen inch water transmission main along Quaker Road and what this project does is a couple of things. The east to west strengthening and also there's a connection between Big Bay Road and Big Boom Road that will cross under the Northway to strengthen the area down near the park. This connection will be just south of the rest area, comes through and will strengthen the connection to the Town of Moreau and this is something, I believe that is required under your contract with Moreau to strengthen this system. As far as the east to west transmission system, these just about match up, basically what we're looking to do is to bring a water line across Round Pond Road to connect on, near Round Pond where the main ends, come across Round Pond, past Country Club Road through the area where the Glens Falls Country Club is and all the way up to the apartments right back here and connect onto the line just across the street, and then also to come right up Country Club and connect in. So, that will be the first section of that west to east transmission. Then to come across Haviland Road, there's a water line that comes across Haviland Road and dead ends right near Rockwell. What we'd be doing is connecting on to the main, at that point out to Ridge coming south on Ridge, and then across Hicks Road and connecting in at County Line Road which feeds the Industrial Park. We'd also be coming up from Cronin Road up Ridge and making that connection as well. Again, that will, what this is going to do is, it's going to strengthen your system, if you have, it will improve pressures in the Industrial Park and basically improve the overall reliability. Right now, if you lose that sixteen inch, you're going to have some problems in supplying the water and the pressure that you need to go west to east. The estimated, it totals about four point eight miles of pipe. It's mostly twelve inch with some eight inch. This section along Ridge will be eight inch and this section of Country Club will be eight inch as well. The total project costs is about three million dollars. We estimate it to be three million twenty thousand dollars and this would be part of the Consolidated Water District. So, these facilities would be part of the Consolidated Water District and would be paid from that district. That's basically it, so if you have any questions, I'd be happy to answer them together with Ralph. SUPERVISOR BROWER-Any questions from Town Board members at this time? Thank you very much. Ralph, do you have anything further you'd like to add? MR. VANDUSEN, WaterlWastewater Superintendent-No, just I think this project, I forgot to mention this earlier but in 1998 a Master Plan was created for the Water Department's infrastructure to develop a, in affect, a game plan of where we needed to make improvements to correct the weaknesses that we have, this was certainly listed as one of the, the major impact that was necessary. When it was done a, another department felt that we had a five year plan. Luckily for us, interest rates have come down during that time period, we certainly feel now is the opportune time to take advantage of that and get the project designed, out to bid and built so we can finance it with and take advantage of the interest rates that are current available. One of the side projects that came out of this was the increased pressure and resulting fire flows in the Industrial Park. Since the Industrial Park was built, the fire flows have been marginal, they've been okay but purely, because Regular Town Board Meeting, August 4th, 2003, Mtg #34 484 of the elevation there and the very long feed going up Queensbury Avenue, the fire flows have been acceptable but not great. By being slightly creative and moving some pressure reducers from, to, over on Queensbury Avenue, we moved the Industrial Park from what we refer to as the low pressure zone to the medium pressure zone and we're going to double the fire flow available in the event of an emergency over there and the impact of that is huge. You know, God forbid, there is a fire that they need that flow, it will be available now and that's just a fantastic benefit of doing this as well. Thank you. COUNCILMAN BOOR-I do have one question Ralph, it appears that the water is going to be, you're going to Ridge Road beyond Hicks which means it's closer to Oneida Corners, I'll just use that as an example, I know when you did the study for running water I believe to Jenkinsville in the event of the landfill contaminating wells, I believe it was to go around Glen Lake and to do a much larger project but does this help at all in the event of a failure at the landfill? MR. VANDUSEN, WaterlWastewater Superintendent-It certainly may. The study that was done back then was, relied on a single feed coming up Rockwell Road because that was the closest that we could have and included in that was a storage tank because of that single feed, the reliability just wasn't there. Once this is in, certainly in our next five year plan, it can take a look at, you know, revisit that. COUNCILMAN BOOR-I'm not recommending, I'm just, it's more of a curiosity. I think the price tag was like six million or something. MR. VANDUSEN, WaterlWastewater Superintendent-Yea, it was pretty pricey. COUNCILMAN BOOR-Which is twice what we're looking at here essentially. MR. VANDUSEN, W aterlW astewater Superintendent-Right and certainly, the capability of a second feed is reason to take a look at it again. I'm not sitting here telling you it's going to be cost effective but it's worth looking at. COUNCILMAN BOOR-No, I understand. Thanks. SUPERVISOR BROWER-Thank you, Ralph. At this time, I'd like to open the public hearing and this is an opportunity for members of the public to come forward and comment on the project, either for or against. Do we have any takers? Mr. Tucker. MR. PLINEY TUCKER, Division Road-This is a question for Ralph. That connection between Big Bay and Big Boom, wasn't part of that cost included in the deal we put together for the Town of Moreau? MR. VANDUSEN, WaterlWastewater Superintendent-At the time that we negotiated the contract with the Town of Moreau, it was specified that Queensbury would be responsible to supply approximately a thousand gallons a minute to the Town of Moreau, that's more then what we're currently selling them, that was part of the agreement, that was the town's responsibility to provide that. MR. TUCKER-So, they're not going to be paying for any of that then. MR. VANDUSEN, WaterlWastewater Superintendent-That's correct. MR. TUCKER-It ain't the way I remember it but that's alright, I'm getting old. Thank you. SUPERVISOR BROWER-Thank you, Mr. Tucker. Would anyone else care to address the board regarding this public hearing? Mr. Hess. MR. HENRY HESS, Comptroller-I'd just like to make a couple of comments regarding the financing and how this will be paid. It's not really within the scope of the public hearing tonight but Ralph introduce it and Pliney brought it up. Unfortunately, EFC or Environmental Facilities Corporation Funds aren't available, that's the best interest rate. We've been fortunate over the past several years to use EFC funding, we used that funding to refinance the water plant several years ago and we've used it a couple of times since for a couple of sewer projects including Route 9 now Regular Town Board Meeting, August 4th, 2003, Mtg #34 485 and just most recently South Queensbury. It's not going to be available for this project but at your next meeting, I expect to have a proposal from a fiscal advisor to help us put together a highly advantageous financing package for this. Ralph talked about the low interest rates, I think the timing of the project is going to take advantage oflow interest rates. It's also going to take advantage of maturities of other debt that we have coming along and sort of replace that so that they'll be a minimal ifno, perhaps even no impact on taxpayers in the water district. The other thing we're looking at and one of the reasons a financial advisor will be very helpful is looking at the rest of the debt. The town had a very well managed debt portfolio, if you will but there are opportunities when you are forced to issue debt for a project like this at advantageous interest rates to see if there are some other, some savings to be achieved on other debt that we have outstanding that maybe at higher rates that might be callable or in some other way that we could pay that off or defies it. So, we're also looking at that but I think not just from the scope of the proj ect itself, I think you need to evaluate, again, I also give assurance that the financing of the project will be highly advantageous to the taxpayers if the project is approved. SUPERVISOR BROWER-Thank you. Anyone else, I'll give you, the public one more chance to comment? Okay, seeing none, I'll ask Board Members if they care to comment at this time? COUNCILMAN BOOR-I'm pretty pleased with it actually. COUNCILMAN TURNER-Yea. SUPERVISOR BROWER-Well, I can only say that I'm delighted, I think this is the greatest improvement to our water system in over twenty-five years that we're proposing this evening. I think it has substantial impact on Queensbury water users particularly in South Queensbury and also Hudson Falls, another community we have a contract with to supply water to. Matter of fact, Hudson Falls is actually using a greater water per day then is the Town of Moreau and most people, when they think ofa water agreement, think of the water agreement we have with the Town of Moreau but certainly Moreau's water usage will increase over time. They currently have a contract for a million gallons and they have a million gallons on the shelf so to speak and I'm very pleased at this project and I think it's good for Queensbury for many years to come. Thank you very much Ralph and Rich for the efforts you've made to make this happen. Any other comments from Board Members? COUNCILMAN BREWER-No. MR. CHRIS ROUND, Executive Director-I just had a question. Ralph, improved construction time frames that are associated with this? MR. VANDUSEN, WaterlWastewater Superintendent-When we started the project our goal was to create a time table that would allow us to go out to bid and start construction this Fall, next Spring at the latest. I'd love to sit here and tell you it's going to be going out this Fall, by the time we get through the Environmental Reviews, negotiations with the County and the State as far as where the pipe will go within that right-of-way, realistically, it's going to be pushing Spring. You didn't hear that guys, you're still working on the Fall schedule. MR. ROUND, Executive Director-We had a meeting several months ago with the seniors about Haviland Road and site distances at Meadowbrook Road and that vertical curve. I know most of the activity is going to take place off the shoulder of the road for most of the parts, so I was just curious about that one particular element. MR. VANDUSEN, WaterlWastewater Superintendent-Realistically, it will be next Spring and there'll be, some of the construction will be within the County or State right-of-way, some will be on private easements but yea, there's going to be a traffic impact, no question during construction. SUPERVISOR BROWER-Thank you. I'll close the public hearing now and ask the board if someone would like to propose an action. PUBLIC HEARING CLOSED MR. ROUND, Executive Director lead the Town Board through the following Short Environmental Assessment Form: Regular Town Board Meeting, August 4th, 2003, Mtg #34 486 A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? YES 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 CI-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment ofa CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA DETERMINATION OF NON- SIGNIFICANCE REGARDING WATER TRANSMISSION SYSTEM IMPROVEMENTS WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 352,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to make certain water transmission system improvements within the Queensbury Consolidated Water District, such improvements being the installation of water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87 (Northway) in the Town of Queensbury, and Regular Town Board Meeting, August 4th, 2003, Mtg #34 487 WHEREAS, the Town Board has been duly designated to act as lead agency for State Environmental Quality Review Act (SEQRA) review of the project for compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Short Environmental Assessment Form and thoroughly analyzing the action for 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 authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a SEQRA Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING WATER TRANSMISSION SYSTEM IMPROVEMENTS WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 353,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner Regular Town Board Meeting, August 4th, 2003, Mtg #34 488 WHEREAS, the Queensbury Town Board wishes to make certain water transmission system improvements within the Queensbury Consolidated Water District, and WHEREAS, a Map, Plan and Report has been prepared by Barton & Loguidice, P.c., professional engineers licensed by the State of New York concerning the proposed improvements to install water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87 (Northway), such improvements being more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Town Board accepts such Map, Plan and Report as the Map, Plan and Report for the Water District improvements and such Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report describes exactly what work is proposed to be done, and WHEREAS, the Town Board wishes to authorize such improvements to the Queensbury Consolidated Water, and WHEREAS, by Resolution No.: 256,2003, the Town Board indicated its wish to be Lead Agency for SEQRA review of this project and authorized the Town Water Superintendent to send a copy of the Part I of a Short Environmental Assessment Form presented at this meeting to any and all communities or agencies that it was the Town Board's intention to be Lead Agency and a coordinated SEQRA review was desired, and WHEREAS, on July 21st, 2003, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the proposed improvements; (b) the maximum amount proposed to be expended for the improvements; (c) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (d) the time and place of a public hearing on the proposed Water District improvements, and WHEREAS, a public hearing on the proposed Water District improvements was duly held on August 4th, 2003 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law S202-b, and Regular Town Board Meeting, August 4th, 2003, Mtg #34 489 WHEREAS, the Town Board has considered the proposed Water District improvements in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to authorize and approve the improvements to the Queensbury Consolidated Water District, such improvements being the installation of water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87 (Northway) in the Town of Queensbury as described in the Map, Plan and Report on file with the Queensbury Town Clerk; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following: 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation. Duly adopted this 4th day of August, 2003, by the following vote: AYES NOES ABSENT: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner None None CORRESPONDENCE - None INTRODUCTION OF RESOLUTIONS FROM THE FLOOR - None Regular Town Board Meeting, August 4th, 2003, Mtg #34 490 PRESENTATION MR. HESS, Comptroller-I'd like to give everyone an idea of why we're making such a big deal about this, this year. Approving banking services happens in January when we approve a series of banks but every several years we actually enter into an agreement with a bank regarding specific interest earnings, specific service charges and setting forth general terms of a banking relationship. Since anybody's memory that I've spoken to, the town's primary banking relationship has been with what people still refer to as First National and I know as Evergreen Bank. That has been highly favorable with the town doing exceedingly well on interest earnings on all the deposits that it's had in the bank with Evergreen. One of the reasons that that's been successful because every several years we go out and bid it and it's highly competitive. One of the major competitors is obviously the other home town bank, Glens Falls National but we always have other banks courting us, some that have offices in the area and some that do not. Last year our banking contract expired June of 2002, it was not an advantageous time to go out and bid it because the market was, financial markets were bottoming out, we thought at the time and we re-negotiated an extension with Evergreen Bank that wasn't as favorable. It was favorable in relative terms, it meant the town wasn't earning as much interest but that was a function of the markets, not necessarily a function of the relationship we had with the bank at that time. We extended it for one year, thinking that this would be a better year to do that, it turns out to be a worse year to do that but because the extension came up and we were still earning better, far better then market interest rates on town deposits, Evergreen again looked at the relationship and wanted to make some adjustments in it and after two years of making adjustments in relationship, the right thing to do is to put it out to bid and let all the competitors have a fair shot at it. So that's what we did this year. Unlike prior times, we used a formal RFP process, we've used it in the past but it's been administered by the Comptroller's Office, this year we went out and retained a company to do that for us. We wanted to make sure that we had a good arm's length relationship between all the banks. Martin Caruso is here tonight to give you a brief presentation as to what the process was, how we administered it and what the outcome of that process is so that the board can vote on a new contract a little bit later in the evening MR. MARTIN CARUSO, Representing Fiscal Advisors (FA) gave brief presentation explaining the process involved with the RFP for the purchase of banking services along with the conclusion of the process. .. The Town of Queensbury and FA met to identify key requirements for the town's banking services. Based on input from the town, FA created a Request for Proposal, (RFP) encompassing these requirements. In June, FA forwarded the RFP to six area banks. Five banks provided proposals. FA reviewed and scored the proposals based on the RFP weighted elements. Based on the scores, FA recommended pursuing further discussions with three of the banks. FA coordinated with the town to create questions to ask the banks during negotiations. Town and FA personnel interviewed the three banks to clarify and expand upon items in their proposals. Each bank clarified and revised their proposals based on these discussions. FA reviewed and scored the revised proposals based on additional weighted elements as coordinated with the town. FA provided a summary of the revised proposals including a comparison of scores, services, interest rates and fees, and contractual documents. FA provided a recommendation for award based on the degree to which the bank's proposals met the town's banking needs as defined in the RFP, the highest interest earnings, the lowest fees and the most favorable contractual terms for the town. Based on total benefit to the town, Glens Falls National Bank is recommended for award. (Summary and scoring charts on file in the Town Clerk's Office) MR. HESS, Comptroller-I would like to introduce Peter Mastrangelo from Glens Falls National Bank whose actually been serving the town in a number of ways. Glens Falls National has serviced our payroll account for as long as I've been here and I think long before that, also services the Town Clerk's Account, it's under a different arrangement, it's not included in what we're doing here. They've been very patient and very diligent in trying to compete for the Comptroller's funds and Peter's here tonight to also answer any questions that you might have about the bank or about the servIces. MR. PETER MASTRANGELO-Town Officials and Mr. Hess, I'd like to take this opportunity to thank Fiscal Advisors and the Comptroller's Office for putting out this RFP to us and giving us an opportunity to bid on the Town ofQueensbury's business. It's very important business to the bank, we recognize the fact that the Town of Queensbury is a major factor in our community, we want to be part of it, we've got a branch one point five miles down the road. We felt it was time that we made an aggressive proposal and we're very happy to have this opportunity to serve the Town of Regular Town Board Meeting, August 4th, 2003, Mtg #34 491 Queensbury's banking needs for the next two years. I'd be happy to answer any questions that anybody might have about that proposal. SUPERVISOR BROWER-Thank you, Peter. Martin, thank you once again for your presentation this evening, thank you for your efforts in helping us secure a new banking relationship with Glens Falls National Bank. MR. HESS, Comptroller-I've very pleased with the process, I think we broke new ground here and I think if you talk to Martin and you talk to Peter, this is probably a more formal process then most municipalities will go through but most municipalities don't have the funds, the diversity and the amount of funds on deposit that a town like Queensbury might. So, we wanted to keep it very arms length and we wanted to make sure it got a set of objective, highly objective eyes on the process and I feel very good about the process. OPEN FORUM 7:55 P.M. MR. JOHN KASSEBAUM, President of Queens bury Central Volunteer Fire Company and MR. CHRIS HICKEY, Treasurer of Queensbury Central Volunteer Fire Company spoke to the Town Board regarding Resolution 7.16, 'Resolution Setting Public Hearing on Queensbury Central Volunteer Fire Company, Inc.' s Proposal to Make Repairs to Tower on Ladder Truck and Amend Fire Services Agreement', noting background information as to why it's before the board at this time... Referred to existing contract, section 6, Unforeseen Events, as it says, any affect that it substantially impairing or reducing the capability of the fire company to carry out it's duty, the town will entertain a reasonable request or application for additional financial aid or assistance to alleviate the condition. COUNCILMAN BOOR-What's the time frame as far as getting it back? MR. KASSEBAUM-Originally it went down in May, we received the estimate May 22nd, at that point they were telling us eight to nine weeks. Right now we are looking at, they are in the process of putting the truck back together, we could be looking as early as the end of next week, or the worse case scenario is, we could be looking at the following week. And obviously we understand, the original premise that we talked on June 23rd, that what we would do for this year would be, and that's where the resolution comes in was the twenty-five thousand dollars out of the restricted truck fund with the repayment of the twenty-five thousand dollars into that truck fund in January of2004. COUNCILMAN BREWER-And nobody has a problem with that? MR. KASSEBAUM-If that's the way we've got to go, that's the way we've got to go. MR. CHRIS HICKEy-It's not our first choice but it's acceptable. MR. JOHN STROUGH, Queensbury-Referred to Resolution 7.11, 'Resolution Setting Public Hearing on Petition for Change of Zone for Property Owned by Orest (AI) and Maria Boychuck from Light Industry (LI) and Land Conservation - 10Acres (LC-I0) to Highway Commercial Intensive (HC-INT), and noted that the Planning Board did not recommend that the Land Conservation -10 Acre be rezoned and that it was agreeable to the applicant. MR. ROUND, Executive Director-As a matter of process, that's what the application is for, the recommendation is a recommendation from the Planning Board and the referrals that we've made don't change a project midstream. You set the public hearing for that, what the board decides to do is completely at their discretion. Hopefully, they'll concur with the Planning Board and what the applicant has agreed to. MR. STROUGH-Noted further, with this application, the weave nature of the Light Industrial and LC -10 Acre, it left a few isolated islands, unattached islands of Light Industrial, if this gets rezoned for these owners, in the middle of nowhere. So, you may want to take a look at the map, this rezoning in this area and look at it maybe a little bit more comprehensively. MR. TUCKER, Division Road-Referred to Resolution 7.9, 'Resolution Authorizing Acceptance of $125 Gift from Northway Christian Family Church and questioned the amount and reason for it? Regular Town Board Meeting, August 4th, 2003, Mtg #34 492 SUPERVISOR BROWER-It's a hundred and twenty-five dollars, it's actually the second gift they've sent us and they feel that our government is a blessing to them and they want to make a donation to our government and wish us well and in order to accept it, we need to have a resolution accepting the gift. It's designated for the purchase of defibrillators in Town Hall. MR. TUCKER-Referred to Resolution 7.10, 'Resolution Authorizing Engagement of Northern Broadcasting Company, Inc. TV 8 to Videotape and Broadcast Town Board Meetings' and questioned what it involves? SUPERVISOR BROWER-Evergreen Bank has generously agreed to finance the first three months of the schedule and then at the end of that three months, we can opt to continue with another sponsor or the resolution says, or payout of town funds. My preference would be to look for another sponsor if Evergreen doesn't want to continue, to avoid having the taxpayers pay for it. COUNCILMAN BREWER-Noted that the contract with TV 8 is also a three month trial period. MR. TUCKER-Questioned the three hundred and thirty-five thousand dollars of maybe money that Sweeney mentioned in the paper for the connector road? SUPERVISOR BROWER-Three hundred five thousand dollars. MR. TUCKER-I say maybe money because it has to be approved in the budget but do we have to share that with anybody? SUPERVISOR BROWER-I believe it goes to the project for creating the connector road. MR. TUCKER-Questioned whether the new Warren County Jail is connecting into the sewer system and whether they have to buy in? SUPERVISOR BROWER- Yes, and buy in as every other user will have to. MRS. BETTY MONAHAN-Referred to Resolution 7.14, 'Resolution Appointing Frank Antos as Marriage Officer' and asked for an explanation? SUPERVISOR BROWER-We had a Queensbury resident, Frank Antos who came and actually visited the town on several occasions with an interest in being a marriage officer. He researched town law and found out that indeed the town has the right to appoint a marriage officer and he wants to perform weddings in Queensbury. The law stipulates that he can accept up to seventy-five dollars per wedding event and he seems pretty excited about it. MRS. MONAHAN-Questioned the gentleman's background? SUPERVISOR BROWER-He's a captain on one of the big ships through the Steamboat Company and he also formerly owned a bar in Queensbury at one time but that was years ago. MR. JOHN SALVADOR-Noted that at the board's last meeting he referred to the subject of the annual report on the Baybrook Apartment Wastewater System and that he formalized his comments in the form of a letter to the town and questioned whether the town feels that any action is necessary? SUPERVISOR BROWER-We fully expect that Baybrook will tie into the sewer system on Bay Road in the future, I believe that's consistent with actions that they knew we would like to see happen. MR. SALVADOR-In the meantime, we have a condition of a serious overloading of a system. A system that has not been adequately designed, poorly located, not in conformance with the regulations and how long might this go on before they tie in? SUPERVISOR BROWER-Well, that's a good question, I don't have an answer to that but currently, to our knowledge they don't have any failures occurring. I did follow up to the annual report they submitted and indicated I wanted a letter from an engineer indicating that the Regular Town Board Meeting, August 4th, 2003, Mtg #34 493 improvements they indicated were to be made, were done and I did receive that letter. So, at this point in time, we think they're complying with our wastewater treatment process and we don't believe they're experiencing any failures but certainly, if and when they tie in to the sewer system, I think we'll all feel better about it. MR. SALVADOR-Do you know ifDEC has taken any action? SUPERVISOR BROWER-DEC hasn't take any action to date that I'm aware of. MR. SALVADOR-Referred to the process involved with holding tanks and feels that it's a very poor process, that the town needs to take a hard look at this and the process in which the town allows these applicants to come forward with a proposal to improve their facility. OPEN FORUM CLOSED 8:20 P.M. RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF GLENS FALLS NATIONAL BANK AND TRUST COMPANY AS TOWN OF QUEENSBURY'S PRIMARY DEPOSITORY RESOLUTION NO.: 354,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Comptroller, in conjunction with Fiscal Advisors, requested proposals from qualified commercial banks to provide banking services for the Town, such services to include handling of the Town's primary deposit accounts, and WHEREAS, the Town Comptroller and Fiscal Advisors evaluated and ranked all received proposals and have made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs a two-year Agreement with Glens Falls National Bank and Trust Company to serve as the Town of Queensbury's primary depository commencing August 5th, 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an agreement with Glens Falls National Bank and Trust Company which incorporates the requirements of the Town's Request for Proposals and the terms of Glens Falls National Bank's proposal, such Agreement to also be in a form satisfactory to the Town Comptroller, Fiscal Advisors and Town Counsel, and Regular Town Board Meeting, August 4th, 2003, Mtg #34 494 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Comptroller and/or Town Counsel to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION GRANTING EASEMENT TO NIAGARA MOHAWK POWER CO./NATIONAL GRID ACROSS PROPERTY OWNED BY THE TOWN OF QUEENSBURY ON BEHALF OF THE QUEENSBURY CONSOLIDATED WATER DISTRICT TO ALLOW INSTALLATION OF ELECTRICAL SERVICE AT CITY OF GLENS FALLS' WATER FILTRATION FACILITY RESOLUTION NO.: 355,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the City of Glens Falls has requested that the Town of Queensbury, on behalf of the Queensbury Consolidated Water District, grant an easement to Niagara Mohawk Power Corporation or National Grid for the purpose of installing electrical service to the City's new filtration facility across property owned by the Town of Queensbury, on behalf of the Queensbury Consolidated Water District, and WHEREAS, the Town Water Superintendent has reviewed the map and area where such easement is requested and has recommended that the Town Board grant the easement provided that the new electrical lines not interfere with the Town's existing 24" transmission line in that area, and WHEREAS, the Town Board wishes to authorize the granting of such easement, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury, on behalf of the Queensbury Consolidated Water District, hereby grants and authorizes an easement to Niagara Mohawk Power Corporation or National Grid for the purpose of installing electrical service to the City of Glens Falls' new filtration Regular Town Board Meeting, August 4th, 2003, Mtg #34 495 facility across property owned by the Town of Queensbury, on behalf of the Queensbury Consolidated Water District, provided that such easement is located in the area depicted on the map presented at this meeting and shall not interfere with the Town of Queensbury's existing 24" transmission line, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that such easement shall provide that the Town of Queensbury be listed as an additional insured and Niagara Mohawk shall indemnify the Town of Queensbury for any costs or damages, and BE IT FURTHER, RESOLVED, that such easement shall be in form approved by the Town Supervisor, Town Water Superintendent and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Water Superintendent and/or Town Counsel to complete and execute any documents associated with the easement and take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of August, 2003 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION APPOINTING ROBERT IRVING AS GIS & UTILITIES LOCATION TECHNICIAN AT TOWN WATER DEPARTMENT RESOLUTION NO. 356,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 287,2003, the Queensbury Town Board established the full-time position of GIS & Utilities Location Technician in the Town's Water Department, and Regular Town Board Meeting, August 4th, 2003, Mtg #34 496 WHEREAS, the Town's Water Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to make an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Robert Irving to the full- time position of GIS & Utilities Location Technician in the Town's Water Department III accordance with the terms set forth in Town Board Resolution No.: 287,2003, and BE IT FURTHER, RESOLVED, that Mr. Irving's appointment shall be effective August 25th, 2003 and shall be on a provisional basis until such time as he: 1) passes the Civil Service exam for the position; 2) successfully completes an eight month probation period; and 3) passes the pre-employment physical required by Town Policy; and shall be subject to any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Mr. Irving shall be paid an hourly rate of$17.25, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Comptroller's Office to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING OUT-OF-DISTRICT AGREEMENTS BETWEEN THE TOWN OF QUEENSBURY AND CERTAIN CUSTOMERS OUTSIDE OF ROUTE 9 SANITARY SEWER DISTRICT RESOLUTION NO.: 357,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner Regular Town Board Meeting, August 4th, 2003, Mtg #34 497 WHEREAS, by Resolution No.: 113.2003, the Town of Queensbury established and created the Route 9 Sanitary Sewer District (District), and WHEREAS, certain Town residents wish to obtain sanitary sewer service from the District's facilities but their properties are located outside the District's boundaries, and WHEREAS, the Town of Queensbury wishes to supply these Town residents with such sanitary sewer service in accordance with Town Law S198(1), and WHEREAS, a proposed Agreement for sanitary sewer service is presented at this meeting and is in form approved by the Town's Wastewater Director, Deputy Wastewater Director and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Wastewater Director and/or Wastewater Deputy Director to enter into Out-of-District Agreements concerning the Route 9 Sanitary Sewer District with those users to be designated by the Town Wastewater Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Wastewater Director and/or Deputy Wastewater Director to make all necessary arrangements, including collection of any fees from the residents and signing the Agreements, in accordance with Town Law S198(i), to effectuate the terms of this Resolution. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING SALE OF OBSOLETE AND/OR WORN- OUT TOWN ITEMS AT AUCTION RESOLUTION NO.: 358,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION Regular Town Board Meeting, August 4th, 2003, Mtg #34 498 SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Town Law 964(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or are worn-out or obsolete, and WHEREAS, the Town's acting Purchasing Agent has submitted to the Town Board a list of obsolete Town equipment and vehicles and has requested Town Board authorization to sell the items at an auction to be held on August 9th, 2003, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of Town-owned items and vehicles that are no longer needed by the Town or are worn-out or obsolete, as substantially set forth on the list presented at this meeting, at an auction to be held on August 4th, 2003, and BE IT FURTHER, RESOLVED, that all Town proceeds from the auction shall be deposited in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary contract for auction and authorize set minimum bid amounts if required. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION EXTENDING TERM OF LAURA V AMV ALIS ON TOWN OF QUEENSBURY CEMETERY COMMISSION RESOLUTION NO.: 359,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec Regular Town Board Meeting, August 4th, 2003, Mtg #34 499 WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the Cemetery Commission previously recommended and the Town Board appointed Laura Vamvalis to serve as a member on the Commission until her term expires on August 21st, 2003, and WHEREAS, the Cemetery Commission has recommended that Ms. Vamvalis' term be extended until December 31 st, 2003 so that the terms of the Commissioners consistently expire on December 31 st of any given year, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby extends the appointment of Laura Vamvalis as a member of the Town of Queensbury Cemetery Commission until such term expires on December 31 st, 2003. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF EMPLOYMENT TERM FOR THREE TEMPORARY LABORERS IN HIGHWAY DEPARTMENT RESOLUTION NO.: 360,2003 INTRODUCED BY : Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, by Resolution No.: 264,2003, the Queensbury Town Board authorized the Town Highway Superintendent to hire four temporary Laborers to work for 14 weeks this summer for the Town's Highway Department, and WHEREAS, the Deputy Highway Superintendent has advised that it was necessary to terminate employment for one of the temporary Laborers and therefore, since moneys are now available, has requested that the Town Board authorize the remaining three temporary Laborers to work for an additional two weeks, Regular Town Board Meeting, August 4th, 2003, Mtg #34 500 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Superintendent to allow the three remaining temporary Laborers - Anthony Naylor, Patrick Clark and Stephen Jacox - hired in accordance with Town Board Resolution No.: 264,2003, to work for an additional two weeks, or for a total of 16 weeks, at the same terms as set forth in Resolution No.: 264,2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION ADDING ANTLER ROAD TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 361,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Antler Road," which contains property of Monique and Michel Julien and Elaine and Timothy Leppert located off Cleverdale Road and Private Road No.1, to the Town of Queensbury's list of private driveways and road names, NOW, THEREFORE, BE IT Regular Town Board Meeting, August 4th, 2003, Mtg #34 501 RESOLVED, that the Queensbury Town Board hereby adds "Antler Road" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying "Antler Road," and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT None RESOLUTION AUTHORIZING ACCEPTANCE OF $125 GIFT FROM NORTHWAY CHRISTIAN FAMILY CHURCH RESOLUTION NO.: 362,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Northway Christian Family Church has donated $125 to the Town of Queensbury in an effort to help the community, WHEREAS, the Town Board wishes to authorize acceptance of this generous gift, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in accordance with New York State Town Law 964(8), hereby approves and accepts the $125 gift from the Northway Christian Family Church, and BE IT FURTHER, Regular Town Board Meeting, August 4th, 2003, Mtg #34 502 RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to place the $125 in a restricted account for use in paying for defibrillators to be located within Town Hall in the future, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a copy of this Resolution to the Northway Christian Family Church with the Town Board's thanks for the Church's generosity and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF NORTHERN BROADCASTING COMPANY, INC. - TV8 - TO VIDEOTAPE AND BROADCAST TOWN BOARD MEETINGS RESOLUTION NO.: 363,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board has requested and received a proposal from Northern Broadcasting Company, Inc. (TV8) to videotape and broadcast two (2) Town Board meetings per month as set forth in TV8' s July 15th, 2003 proposal presented at this meeting, for a total amount not to exceed $500 per month ($250 per month for production and $250 per month for eight (8) broadcasts per month), plus, if requested by the Town, TV8 would provide additional tapings at $30 per hour and additional broadcasts at $35 per program, and WHEREAS, Evergreen Bank has agreed to sponsor these services for the first three (3) months, and WHEREAS, the Town Board wishes to authorize engagement ofTV8 for these services, Regular Town Board Meeting, August 4th, 2003, Mtg #34 503 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Northern Broadcasting Company, Inc. (TV8) to videotape and broadcast two (2) Town Board meetings per month, for a period of three (3) months, as set forth in TV8's July 15th, 2003 proposal presented at this meeting, for a total amount not to exceed $500 per month ($250 per month for production and $250 per month for eight (8) broadcasts per month), plus, if requested by the Town, TV8 would provide additional tapings at $30 per hour and additional broadcasts at $35 per program, and BE IT FURTHER, RESOLVED, that after the three (3) month period has expired, the Town Board will reconsider its arrangement with TV8 and will have the option of extending its Agreement by Resolution at that time, and BE IT FURTHER, RESOLVED, that videotaping and broadcasting of the first three (3) months of services shall be sponsored by Evergreen Bank, and after that time, if the Town Board decides to continue with these services, another sponsor will be sought or services shall be paid for from Publicity Account No.: 01-6410-4531, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY OREST (AL) AND MARICA BOYCHUK FROM LIGHT INDUSTRY (LI) AND LAND CONSERVATION - 10 ACRES (LC-I0) TO HIGHWAY COMMERCIAL INTENSIVE (HC-INT) RESOLUTION NO.: 364,2003 Regular Town Board Meeting, August 4th, 2003, Mtg #34 504 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Queensbury Town Board is considering a request by Orest (AI) and Marica Boychuk to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 303.-5-1-18 and 303.6-1-4 located at 63 Quaker Road, Queensbury from Light Industry (LI) and Land Conservation - 10 Acres (LC-lO) to Highway Commercial Intensive (HC-Int), and WHEREAS, on or about July 15th, 2003, the Queensbury Planning Board considered the proposed rezoning and adopted a Resolution recommending approval of the proposed rezoning, and WHEREAS, on or about July 9th, 2003, the Warren County Planning Board considered the proposed rezoning and also recommended approval, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law 9265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, August 18th, 2003 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby properties owned by Orest (AI) and Marica Boychuk bearing Tax Map No.'s: 303.-5-1-18 and 303.6-1-4 located at 63 Quaker Road, Queensbury would be rezoned from Light Industry (LI) and Land Conservation - 10 Acres (LC-lO) to Highway Commercial Intensive (HC-Int), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, Regular Town Board Meeting, August 4th, 2003, Mtg #34 505 RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law 9265, the Town's Zoning Regulations and the Laws of the State ofN ew York. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY RUSSELL O'CONNOR AND JAMES O'CONNOR FROM LIGHT INDUSTRY (LI), WATERFRONT RESIDENTIAL - ONE ACRE (WR-IA) AND SUBURBAN RESIDENTIAL- ONE ACRE (SR-IA) TO MIXED USE (MU) RESOLUTION NO.: 365,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by Russell O'Connor and James O'Connor to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 309.14-1-86 and 309.14-1-89 located on Big Boom Road, Queensbury from Light Industry (LI), Waterfront Residential - One Acre (WR-1A) and Suburban Residential - One Acre (SR-1A) to Mixed Use (MU), and WHEREAS, on or about July 22nd, 2003, the Queensbury Planning Board considered the proposed rezoning and adopted a Resolution consenting to the Queensbury Town Board being designed Lead Agency for the proposed rezoning, and WHEREAS, on or about July 9th, 2003, the Warren County Planning Board considered and approved the proposed rezoning, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law 9265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT Regular Town Board Meeting, August 4th, 2003, Mtg #34 506 RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, August 18th, 2003 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby properties owned by Russell O'Connor and James O'Connor bearing Tax Map No.'s: 309.14-1-86 and 309.14-1-89 located on Big Boom Road, Queensbury would be rezoned from Light Industry (LI), Waterfront Residential - One Acre (WR-1A) and Suburban Residential - One Acre (SR-1A) to Mixed Use (MU), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law 9265, the Town's Zoning Regulations and the Laws of the State ofN ew York. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION ADDING MALLARD DRIVE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 366,2003 INTRODUCED BY: Mr. Roger Boor Regular Town Board Meeting, August 4th, 2003, Mtg #34 507 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Mallard Drive" located off Meadowbrook Road leading to Schermerhorn Residential Holdings, L.P.'s new apartment complex, North Brook, to the Town ofQueensbury's list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Mallard Drive" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying "Mallard Drive," and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT None RESOLUTION APPOINTING FRANK ANTOS AS MARRIAGE OFFICER RESOLUTION NO.: 367,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner Regular Town Board Meeting, August 4th, 2003, Mtg #34 508 WHEREAS, in accordance with New York State Domestic Relations Law gll-c, the Queensbury Town Board may appoint marriage officers to perform marriage ceremonies within the Town of Queensbury as long as, among other things, the person is at least 18 years of age and resides within the Town of Queensbury, and WHEREAS, Frank Antos has requested Town Board authorization to be a Marriage Officer to perform marriage ceremonies within the Town of Queensbury and Mr. Antos is at least 18 years of age and resides within the Town of Queensbury, and WHEREAS, the Town Board wishes to appoint Frank Antos as a Marriage Officer in accordance with State law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Frank Antos as a Marriage Officer to perform marriage ceremonies within the Town of Queensbury in accordance with New York State Domestic Relations Law gll-c and any other applicable laws, and BE IT FURTHER, RESOLVED, that Mr. Antos will not receIve a salary or wage from the Town of Queensbury, but in accordance with State law, he may accept and keep up to seventy-five dollars for each marriage at which he officiates, paid by or on behalf of the persons married, and BE IT FURTHER, RESOLVED, that Mr. Antos' term as Marriage Officer shall be effective from August 4th, 2003 through August 4th, 2007 unless he is removed from his appointed office by the Town Board on 10 days written notice. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW PROHIBITING PARKING ON SECTION OF CRONIN ROAD RESOLUTION NO.: 368,2003 Regular Town Board Meeting, August 4th, 2003, Mtg #34 509 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law which would prohibit parking on a section of the northeast side of Cronin Road in the Town of Queensbury, and WHEREAS, such legislation is authorized in accordance with Town Law, Vehicle and Traffic Law ~1660(18) and the Municipal Home Rule Law, and WHEREAS, before the Town Board may act on such a Local Law, it must conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on August 18th, 2003 to consider the proposed Local Law presented at this meeting, hear all interested persons and take such action required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO MAKE REPAIRS TO TOWER ON LADDER TRUCK AND AMEND FIRE SERVICES AGREEMENT RESOLUTION NO.: 369,2003 INTRODUCED BY: Mr. Daniel Stec Regular Town Board Meeting, August 4th, 2003, Mtg #34 510 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for 2003 through 2004 for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it is necessary to make repairs to the tower portion of its ladder truck for the sum of $25,000, and WHEREAS, the Fire Company proposes to use moneys in their 2003 Restricted Vehicle Fund to pay for the repairs, with the understanding that the Town Board may reimburse such Restricted Vehicle Fund by $25,000 in the Fire Company's 2004 Budget, and WHEREAS, the Town Board wishes to set a public hearing concerning the Fire Company's proposed repairs and accordingly amend its Fire Services Agreement which includes the Fire Company's 2004 Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the Queensbury Central Volunteer Fire Company, Inc.'s proposal to make up to $25,000 in repairs to the tower portion of its ladder truck using funds in its Restricted Vehicles Fund and amend the Agreement for fire protection services with the Town, on Monday, August 18th, 2003 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 4th day of August, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None Regular Town Board Meeting, August 4th, 2003, Mtg #34 511 ABSENT: None ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR - None TOWN BOARD DISCUSSIONS COUNCILMAN BOOR noted that the dredging at Glen Lake is going to start in a little over a week. COUNCILMAN BREWER referred to memos from Chris and Dennis regarding the lighting policy proposal and questioned why it was pulled, thought the Town Board agreed to move forward... SUPERVISOR BROWER-Yes, I delayed intentionally, I think it has some cost implications that we weren't aware of potentially, I've asked Henry to do an analysis of that. Secondarily, I happened to be up at Lake George this week and Mayor Blais was there and they have some very nice sidewalk lighting along the lake and they purchased their lights and have them installed because it saves them a ton of money over time, that's his description. So, I just felt that we didn't have enough information to really know if we were going down right the path. .. So, that's why I asked for it to be delayed for discussion at next week's workshop. COUNCILMAN BREWER-Recommend getting all the numbers together prior to meeting. SUPERVISOR BROWER-Noted, the Draft Environmental Impact Statement for North Queensbury Sewer District was reviewed by Fred Champagne, Bill Lamy, Paul Dusek from a legal perspective and myself, and we felt that there were several areas where they, O'Brien & Gere needed to go back and do some more work on the document before it will be ready for public consideration. Paul Dusek had several comments too because he's expecting that there will be a legal challenge to whatever sewer district proposal would come forward in the future and he just wants to make sure that certain items are addressed. We had hoped to have some type of public outreach this year, this August but it looks like it's going to be delayed significantly until sometime next year.. . Secondly, the trash plant contracts, although it's not a town issue specifically it certainly does affect our town taxpayers, the trash plant contracts are available on the internet now. Citizens can go to www.co.warren.ny.usandcandownloadthecontracts.That.stheamountofinformationthatwe.ve had to review and go over but for the most part, these documents are pretty much in final form, there may be a couple of changes before the very end but they should be minor in nature... Of all the options we've had to date, it looks like it's the only way Warren and Washington County can save significant dollars for the remainder of the contract period. If we were able to refinance today, and we can't, the truth is if both counties and only if both counties agree to change operators, to Wheelabrator which is a division of Waste Management, then and only then would we be eligible six months later to refinance and that's because of an IRS ruling that if you will refinance right away, fifteen percent of the cost of refinancing, the amount of refinancing has to go refurbishing the plant. Well, we don't have fifteen percent of what we would borrow needed to, we don't need to refurbish the plant to that degree. Right now, if we were to do it today, we'd save a million and a half dollars a year at today's interest rate. .. Noted for the board the situation with Milfoil at Lake George. ATTORNEY MATTERS TOWN COUNSEL HAFNER-One small thing, the second of the Park and Rec Commission purchases of property on Meadowbrook Road should take place in the next couple of weeks. We had a delay because we needed to have a survey and a property description, that's been done. We've worked out the numbers, we've made sure with the Comptroller that the funds are available. They're having documents signed and will be sending them to us probably this week, maybe next week. Regular Town Board Meeting, August 4th, 2003, Mtg #34 512 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 370,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a Contractual Issue and Personnel Issue. Duly adopted this 4th day of August, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION & REGULAR TOWN BOARD MEETING RESOLUTION NO.: 371,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 4th day of August, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY