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1997-02-03 TOWN BOARD MEETING FEBRUARY 3, 1997 7:30 p.m. MTG:#5 RES. #69-84 BOH 5-7 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner Councilman Carol Pulver TOWN BOARD MEMBERS ABSENT Councilman Connie Goedert TOWN OFFICIALS Thomas K. Flaherty-Water Supt. Ralph VanDusen-Deputy Water Supt. Mark Schachner-Town Counsel David Hatin-Director of Building and Codes PRESS Glens Falls Post Star Adirondack Community College- T. V. PLEDGE OF ALLEGIANCE LED BY: Councilman Turner Supervisor Champagne-Opened the Meeting Welcomed the representatives of Adirondack Community College RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 69.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 3rd day of February, 1997 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Goedert 1.0 QUEENSBURY BOARD OF HEALTH PUBLIC HEARINGS 1.1 SEWER VARIANCE OF LARRY W. WILCOX SR. SHERMAN AVENUE NOTICE SHOWN Supervisor Champagne-Opened the Public Hearing Mr. David Hatin-Director of Building and Codes-I do not see any of the applicants here, this is basically a variance to allow to go less than the required owner, allow seepage pits to go less than the required one hundred and fifty feet. This is the only place on the property we could get the maximum distance from the well. Supervisor Champagne-ok. So, the Board then do you see anything here that you need any further information on? Councilman Monahan-Does this have any bearing on any of the neighbors wells or septic systems or anything? Director Hatin-No, the neighbors are all on Town water. Councilman Monahan-The neighbors are on Town water. OK. Supervisor Champagne-Ok do I hear a resolution, wait a minute now, Councilman Turner-Motion to approve? Supervisor Champagne-Motion to approve Town Clerk Dougher-Did you close the public hearing? Supervisor Champagne-Got to close that one first, excuse me. Councilman Pulver-No one else wanted to speak? Supervisor Champagne-Evidently there is no one here to represent the Wilcox family? Anyone here against? Speak for or against, hearing none we will close the public hearing. Do I hear a resolution to that effect? RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR LARRY W. WILCOX, SR. RESOLUTION NO.: 5.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Mr. Larry W. Wilcox, Sr., previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a 150' separation between the seepage pit and a well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on February 3, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Mr. Larry W. Wilcox, Sr., allowing the placement of seepage pits 95' and 100' from his well in lieu of the required 150' distance on property situated at 481 Sherman Avenue, Town of Queensbury, New York, and bearing Tax Map #: Section 120, Block 1, Lots 23, 48 and 49. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Goedert 1.2 PUBLIC HEARING SEW AR VARIANCE H. RUSSELL HARRIS RIDGE ROAD NOTICE SHOWN Supervisor Champagne-Opened the Public Hearing Director Hatin-I do not see anybody representing Harris's here. This is basically again to place a seepage pit less than the required one hundred and fifty feet from a well. Even though Mr. Harris does have the property due to some trees and whatever he would have to take down he chose not to and this is approximately the same location as the existing pit that failed. Supervisor Champagne-So, actually we are just replacing the one that was there originally. Director Hatin-Right, we have improved the distance a little bit, but not by much. Supervisor Champagne-Anyone here against, to speak for or against? I guess we are ready. Councilman Monahan-You need to close the public hearing. Supervisor Champagne-Closed the public hearing and we are ready for a vote. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR H. RUSSELL HARRIS RESOLUTION NO.: 6.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore WHEREAS, Mr. H. Russell Harris previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a 150' separation between the seepage pit and a well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on February 3, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Mr. H. Russell Harris allowing a 125' distance between the seepage pit and his well in lieu of the required 150' distance on property situated at 1748 Ridge Road, Town of Queensbury, New York, and bearing Tax Map #: Section 27, Block 2, Lot 2.1. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Goedert RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 7.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting. Duly adopted this 3rd day of February, 1997 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Goedert REGULAR SESSION 2.0 PUBLIC HEARINGS 2.1 PUBLIC HEARING-MOBILE HOME APPLICATION OF RICHARD AND LINDA PHILLIPS NOTICE SHOWN Public Hearing Opened Executive Director James Martin-I just would draw the Board's attention to my note on the back of the application, we did find records of this in the clerk records. Assessment records indicate mobile home existed on this site on 3-1-82, I say existed on and there is also other evidence that an application was made in 7-24 for a replacement and the original permit was approved back in May 25th of 1967. ...all the records were there, it was good to find all of that, we have an accurate picture as to what has been happening on this site since 1967 anyhow. Supervisor Champagne-Ok. For the background of the trailer the history, are there any further comments? Anyone for the audience for or against this application? Hearing none we will close the public hearing and now are we ready to vote? Councilman Monahan-Jim, I think we ought to note that this will be upgrade on what is there now. Supervisor Champagne-For the record, upgrade. Closed... RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR RICHARD AND LINDA PHILLIPS RESOLUTION NO.: 70.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Richard and Linda Phillips have filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to replace their old mobile home with a new mobile home at property situated at 52 Sanders Road, Queensbury, New York, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on February 3, 1997 with regard to the aforesaid permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit in accordance with the terms and provisions of ~113-12 of the Code of the Town of Queensbury. Duly adopted this 3rd day of February, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: Mrs. Goedert 3.0 CORRESPONDENCE 3.1 Town of Queensbury, Bay Road, Queensbury, New York 12804 Att: Fred Champagne, Supervisor Re: Proposed Skating Rink Dear Fred, Over a period of the last several years, the increase in participation for winter hockey has prompted a concern and a possible need for additional ice time for enthusiast. Presently, the Glens Falls Recreation Center and the Glens Falls Civic Center are the only two 10callocations to provide this service. Due to the popular demand of ice time at both facilities, ice time is becoming increasingly restricted. Since the Town is centrally located, to construct another facility within this area would provide a accessible location to this Town as well as surrounding municipalities. I would like to proposed a plan to construct such a facility by providing self-sufficient funding program along with any available grants and/or assistance programs. This method has been done effectively and efficiently in two surrounding areas. Saratoga and Clifton Park. I am interesting in meeting with you to discuss this plan along with any comments or suggestions on how we could achieve this goal. I await your reply or comment. Sincerely, Isl Joseph H. Porter Discussion held-It was noted that this letter has been sent onto the Recreation Commission. 4.0 RESOLUTIONS RESOLUTION APPROVING AND AUTHORIZING CONTRACT FOR SALE OF REAL PROPERTY BETWEEN THE TOWN OF QUEENSBURY AND HUDSON POINTE, INC. FOR TOWN WATER TREATMENT PLANT RESOLUTION NO.: 71.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury desires to execute a Contract for Sale of Real Property between the Town of Queensbury and Hudson Pointe, Inc., for the Town's purchase of 13.12 acres for its Water Treatment Plant, and WHEREAS, a proposed Contract for Sale of Real Property has been prepared between the Town of Queensbury and Hudson Pointe, Inc., and the same is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts and approves the Contract for Sale of Real Property presented at this meeting for the purchase of 13.12 acres for the Town's Water Treatment Plant and authorizes and directs the Town Supervisor to execute the same, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby directs the Town Counsel's Office to obtain title insurance on such property and authorizes the payment of the expenses associated with such title insurance, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete the recording of a Deed on behalf of the Town of Queensbury, obtain title insurance on such property, affix the seal of the Town to said documents, including the Real Property Transfer Report and Capital Gains Affidavit, sign his name thereto and take such other and further action as may be necessary to record the Deed with the Warren County Clerk's Office. Duly adopted this 3rd day of February, 1997, by the following vote: AYES: Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: Mrs. Goedert RESOLUTION SETTING PUBLIC HEARING ON HARRON COMMUNICATIONS CORPORATION CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT RESOLUTION NO.: 72.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously authorized operation of the local cable television system within the Town by Harron Communications Corporation, and WHEREAS, the franchise agreement with Harron Communications Corporation expired in November 1996 and Harron Communications Corporation is currently continuing operation under a Certificate of Temporary Operating Authority which expires on May 10, 1997, and WHEREAS, Harron Communications Corporation has presented a franchise renewal agreement to the Town of Queensbury for the purpose of using Town of Queensbury property to construct, operate and maintain the local cable television system for an additional ten (10) year period until approximately November 2006, and WHEREAS, prior to the renewal of the franchise agreement, 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 3rd day of March, 1997, to consider the franchise renewal agreement of Harron Communications Corporation, to hear all persons interested on the subject matter thereof and 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. _, 1997 in the manner provided by law. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Goedert RESOLUTION CANCELING FEBRUARY 17,1997 TOWN BOARD MEETING RESOLUTION NO.: 73.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury regularly holds its meetings on the 1st and 3rd Mondays of each month, and WHEREAS, Monday, February 17,1997 is Presidents Day and so the Town offices will be closed, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby cancels the Town Board Meeting scheduled for Monday, February 17, 1997, and BE IT FURTHER, RESOLVED, that the Town Supervisor's Office is hereby authorized to provide such notice to the newspaper and public, as may be necessary, to inform them of said cancellation. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Goedert RESOLUTION TO CONDUCT SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO. 74.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Adirondack Runners Club has requested permission to conduct their Eleventh Annual Shamrock Shuffle Road Race as follows: SPONSOR: EVENT: DATE: PLACE: The Adirondack Runners Club ELEVENTH ANNUAL SHAMROCK SHUFFLE ROAD RACE Sunday, March 16, 1997 Beginning and ending at Glens Falls High School (Letter and map regarding location of run attached); and WHEREAS, Paul H. Naylor, Town Highway Superintendent has approved the conducting of this race, and WHEREAS, the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club to hold the Shamrock Shuffle Road Race in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury approves the request of the Adirondack Runners Club to conduct the Shamrock Shuffle Road Race, and BE IT FURTHER RESOLVED, that should weather conditions or other conditions necessitate Town Road repair and/or maintenance or require other emergency use thereof, the Town Highway Superintendent may direct modification of the race course, location of the same, and/or cancellation of the race. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Goedert RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 75.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain departments have requested transfers of funds for the 1996 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 1996 budget: WASTEWATER: FROM: TO: $ AMOUNT: 031-8120-4300 (Res Park-Utilities) 031-8120-4400 (Res Park-Misc. Contractual) $16.60 032-8110-4200 (Quaker Rd.-Insurance) 032-8110-1910 (Quaker Rd.-Sr. Typist, FT) 791.20 032-8120-1570-0002 (Quaker Rd.- Maintenance II) 032-8120-1002 (Quaker Rd.-Misc. Payroll) 5.00 and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 3rd of February, 1997, by the following vote: AYES Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Goedert RESOLUTION TO ACCEPT BID FOR LIQUID ALUM FOR USE AT THE QUEENSBURY WATER TREATMENT PLANT RESOLUTION NO. 76.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Purchasing for the Town of Queensbury duly advertised for bids for liquid alum pursuant to bid specifica-tion no. 97-1 previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Thomas Flaherty, Water Superintendent has recommended that the bid be awarded to the low bidder, Holland Company, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for liquid alum to Holland Company, Inc., and authorizes and directs that the same be paid for from the appropriate Water Department Account. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Goedert RESOLUTION AMENDING TOWN OF QUEENSBURY DEFERRED COMPENSATION PLAN FOR TOWN EMPLOYEES RESOLUTION NO.: 77.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the New York State Deferred Compensation Board (the "Board") pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Rules and Regulations of the New York State Deferred Compensation Board (the "Rules and Regulations"), has promulgated the Model Deferred Compensation Plan for Employees of the Town of Queensbury (the "Model Plan") and offers the Model Plan for adoption by local employers, and WHEREAS, the Town of Queensbury, pursuant to Section 5 and the Rules and Regulations, has adopted and currently administers the Model Plan in a form known as the Deferred Compensation Plan for Employees of the Town of Queensbury, and WHEREAS, Section 457 of the Internal Revenue Code was recently amended by the Small Business Job Protection Act of 1996 to allow eligible deferred compensation plans such as the Model Plan to provide additional deferral opportunities for certain veterans of the military service pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and, effective for plan years beginning after December 31, 1996, to provide (i) for maximum deferral amounts to increase with cost-of-living adjustments, (ii) for increased flexibility in distribution elections and (iii) for in-service withdrawals of small inactive account balances, and WHEREAS, the Board has recently amended and restated the Model Plan, effective January 1, 1997, by adopting the amendments set forth below, and has offered such amendments for adoption by each Model Plan currently sponsored by a local employer in accordance with the Rules, and WHEREAS, upon due deliberation, the Town of Queensbury has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the Town of Queensbury by adopting such amendments to the Model Plan as are indicated below, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby amends the Deferred Compensation Plan for Employees of the Town of Queensbury by adopting the amendments to the Model Plan effective January 1, 1997, which amendments read as follows: In the case of a Participant who continues to work beyond age 70 and 1/2 and who, upon the attainment of age 70 and 1/2, had not made the catchup election provided for under Section 3.2(b)(i), the Normal Retirement Age shall be the age designated by the Participant, which shall not be later than the age at which the Participant Separates from Service with the Employer. Notwithstanding anything in the Plan to the contrary, the Participant's designation of a Normal Retirement Age under Section 3.2(b)(i) shall not control the date that payment of his or her benefits shall commence pursuant to Section 7. 1.21 "Separation from Service" or "Separates from Service" means a separation from the service of the Employer within the meaning of the Treasury Regulations promulgated under Section 457 of the Code including, but not limited to, Treasury Regulation Section 1.457-2(h)(2) and USERRA. 1.26 "USERRA" means the provisions of the Uniformed Services Employment and Reemployments Rights Act of 1994 contained in chapter 43 of title 38 of the United States Code. (a) Subject to Section 3.2(c), the amount that may be deferred by a Participant for any Year shall be a minimum of $260 and shall not exceed the lesser of: (i) $7,500, or such other greater amount as may be permitted pursuant to Section 457(e)(15) of the Code, or (ii) 33 1/3% of the Participant's Compensation for the Year. (b) Notwithstanding the limitation provided for in Section 3.2(a): (i) a Participant may file an election in the manner provided by the Board to have the catch-up limitation set forth in this Section 3.2(b)(i) apply to the determination of the maximum amount that may be deferred during one or more of the last 3 Years ending before attainment of the Participant's Normal Retirement Age. Subject to Section 3.2(c), if the catch-up limitation is elected, the maximum amount that may be deferred for each of the Years covered by the election shall not exceed the lesser of: (A) $15,000, or (B) the sum of the limitations provided for in Section 3.2(a) for all Years the Participant was eligible to participate in the Plan, minus the aggregate amount actually deferred for such Years. A Participant may not elect to have this Section 3.2(b)(i) apply more than once, whether or not the Participant rejoins the Plan after retirement; and (ii) any Participant who is entitled to reemployment rights pursuant to USERRA and who is so reemployed in accordance with the provisions of such law may elect to make such additional deferrals as are permitted by USERRA. (c) The limitations os Sections 3.2(a) and 3.2(b)(i) shall be reduced by any amount excluded from the Participant's gross income for the applicable Year under Sections 402(a)(8), 402(h)(1)(B), 403(b), 457(a) and 501(c)(18) of the Code, under any plan maintained by the Employer or any other employer and as provided by any other applicable provisions of law. SECTION 6. WITHDRAWALS FOR UNFORESEEABLE EMERGENCIES; WITHDRAWALS OF SMALL ACCOUNTS 6.3 A Participant with respect to whom the total amount payable under the Plan does not exceed $3,500 may elect at any time to receive a lump sum distribution of his or her Account at least 60 days following such election, provided that: (i) there has been no Amount Deferred by such Participant during the two year period ending on the date of distribution, and (ii) there has been no prior distribution elected by such Participant pursuant to this Section 6.3. 7.4 (a) In the case of the Participant's death or Separation from Service with the Employer, a distribution election under Section 7.3 must be made by the payee prior to the 20th day following the date of such death or Separation from Service and prior to the date that payments commence pursuant to the provisions of this Section 7. Such election shall specify the form of payment described in Section 7.3 elected by the Participant and the date on which payments shall commence. Such date must be after the end of the period specified above for making such election; provided, however, that, consistent with the requirements of Section 40 1 (a)(9) of the Code and effective January 1, 1989, such payments to a Participant shall commence no later than (i) Aprillst of the Year following the Year (i) in which the Participant attains age 70 and l/2,or (ii) in which the Participant retires. election made pursuant to this Section 7.4(a) may not be changed or revoked; provided, however, that a Participant may elect to postpone the commencement date specified in the election made pursuant to this Section 7.4(a) to a later date if (i) such postponement election is made prior to the original commencement date specified in the election made pursuant to this Section 7.4(a), and (ii) no other postponement election has been made pursuant to this sentence; provided further that a Participant may change the form of payment elected at any time that is at least 60 days prior to the date on which payments will commence. If an election under this Section 7.4(a) is not timely made, then upon the Participant's death or Separation from Service, payment shall be made in one lump cash sum within 30 days after the expiration of the period in which to make an election with respect to such death or Separation from Service; provided however, that in no case may any such payment under this Section 7.4(a) commence later than Aprillst of the Year following the Year in which the Participant attains age 70 and 1/2 or retires, whichever is later. (b) Effective January 1, 1989, if a Participant dies before distribution of his or her interest has commenced, distribution to any Beneficiary of the Participant's entire interest under the Plan shall be made on or before the December 31 st of the Year which contains the fifth anniversary of the date of such Participant's death; provided however, at the Beneficiary's irrevocable election, duly filed with the Administrative Service Agency before the applicable commencement date set forth in the following sentence, any distribution to a Beneficiary may be made over the life of the Beneficiary or over a period not extending beyond the life expectancy of the Beneficiary; and provided further that any such distribution may not be paid over a period exceeding 15 years (or the life expectancy of the Surviving Spouse if such spouse is the Beneficiary). Such distribution shall commence not later than the December 31st of the Year immediately following the Year in which the Participant died, or in the event such Beneficiary is the Participant's Surviving Spouse, on or before the December 31st of the Year in which such Participant would have attained age 70 and 1/2, if later (or, in either case, on any later date prescribed by the Treasury Regulations). If such Participant's Surviving Spouse dies after the Participant's death but before distributions to such Surviving Spouse commence, this provision shall be applied to required payment of any further benefits as if such Surviving Spouse were the Participant. IN WITNESS WHEREOF, the undersigned have executed this Resolution in Warren County, New York this 3rd day of February, 1997 and directed that it be filed as appropriate. Present Mrs. Pulver Mrs. Monahan Mr. Turner Mr. Champagne Absent Mrs. Goedert Discussion held before vote-Comptroller Burns-This is just to put this in compliance with State Law. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 161 TO BE ENTITLED, "SPECIAL SALES EVENTS" WHICH CHAPTER SHALL PROVIDE FOR THE TEMPORARY USE OF LAND FOR SPECIAL EVENTS RESOLUTION NO. 78.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _, 1997 "A Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 161 to be Entitled, 'Special Sales Events,' Which Chapter Shall Provide for the Temporary Use of Land for Special Events," and WHEREAS, such legislation is authorized pursuant to ~ 10 of the New York State Municipal Home Rule Law and Article 16 of the Town Law, 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 3rd day of March, 1997, to consider said Local Law No. _, 1997 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. _, 1997 in the manner provided by law. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Goedert RESOLUTION RETAINING SERVICES OF VAN DUSEN & STEVES TO PREP ARE MAP FOR C & D LANDFILL RESOLUTION NO.: 79.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury desires to retain a surveying firm to survey and mark the boundary lines of property located at the Town of Queensbury Landfill on Ridge Road to evaluate whether sufficient area and volume exist for the creation of a Construction and Demolition debris (C&D) landfill, and WHEREAS, VanDusen & Steves has offered to render such surveying services for an amount not to exceed $1,600, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of VanDusen & Steves to provide the surveying services referenced above, and BE IT FURTHER, RESOLVED, that expenditures shall be paid for from Account #92-8160-4400. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Goedert RESOLUTION AUTHORIZING FACILITIES MANAGER TO REPAIR COMPUTER AT HIS RESIDENCE RESOLUTION NO.: 80.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, Chuck Rice, Town of Queensbury Facilities Manager, has requested authorization from the Town Board of the Town of Queensbury to remove a junked computer (inventory #3045.3) from the Town property so that he can attempt to repair the computer at his residence, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Chuck Rice, Facilities Manager to remove a junked computer from the Town premises in order to perform the necessary repairs at his residence. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Goedert Discussion held before vote: Supervisor Champagne-We had a computer that was disposed of, he has asked to bring this to his home and see if there is any repair to it...if he can repair it, it will be brought back into service in the Town. RESOLUTION AUTHORIZING FORMAL LETTER TO NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUESTING SEWER LINE AS PART OF THE AVIATION ROAD BRIDGE REPLACEMENT PROJECT RESOLUTION NO.: 81.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the New York State Department of Transportation (DOT) will be replacing the two- lane Aviation Road Bridge over 1-87 with a five-lane structure, and WHEREAS, the Town of Queensbury would like a 4" sewer force main across the new Aviation Road bridge, and WHEREAS, DOT has requested that the Town of Queensbury send a formalletter requesting inclusion of the 4" sewer force main as part of DOT's bridge project, and WHEREAS, a draft letter to DOT has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute and send the above letter to the New York State Department of Transportation requesting that DOT provide for a 4" sewer force main across the Aviation Road Bridge as part of DOT's Aviation Road Bridge replacement project. Duly adopted this 3rd day of February, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Goedert Discussion held before vote: Supervisor Champagne-DOT is looking for a formal Board resolution authorizing them to proceed ahead with the sewer line that will be suspended from the Aviation Road Bridge. WaterlWastewater Supt. Thomas Flaherty-noted this will service the Queensbury School, John Burke Apts. Ramada inn and service station...Councilman Turner-Is the size more than big enough to take care of this area? Supt. Flaherty-For the areas that I described, yes...we are limited on what we can take care of by the size of the line on the east side of the bridge. RESOLUTION AUTHORIZING MODIFICATION NO.5 - REBUILDING EXISTING FILTER NO.1 - CONTRACT NO. 31A - WATER TREATMENT PLANT EXPANSION RESOLUTION NO.: 82.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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, (the "Contract"), and WHEREAS, O'Brien & Gere Engineers, Inc., in their letter dated January 30, 1997, recommends Modification NO.5 consisting of the following scope of work: Modification NO.5 will consist of the repairlreplacement of Filter No.1, including the removal of all existing equipment within the concrete walls of the filter and installing the new equipment; and WHEREAS, the repairlreplacement of Filter NO.1 is merely incidental to, but consistent with, the main purpose of the Contract, and WHEREAS, the need for this modification was not discovered until recently, long after the Contract was put out for public bid, and WHEREAS, the cost of Modification NO.5 is only 3.25% of the original contract price, a relatively small percentage change in the total contract, and WHEREAS, the New York State Department of Health has recommended that the filter be rehabilitated as soon as possible, and WHEREAS, U. W. Marx Inc., has offered to perform the repairlreplacement work of Modification NO.5 in the amount of $396,992, and WHEREAS, O'Brien & Gere Engineers, Inc., has offered to perform additional engineering services to monitor the progress of the water filter repairlreplacement project for an amount not to exceed $6,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the modification described in a letter dated January 30, 1997, from O'Brien & Gere Engineers, Inc., and set forth hereinabove, said modification to be in the amount of $396,992, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby also authorizes an increase in the fee due O'Brien & Gere Engineers, Inc., for construction phase services by $6,000, 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 3rd day of February, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Goedert Discussion held before vote: Supervisor Champagne-the estimated cost is 396,992. 5.0 PLANNED DISCUSSION ITEMS OLD- NONE NEW- NONE 6.0 TOWN BOARD MEMBER MATTERS Councilman Pulver-Regarding memo dated January 29, 1997 regarding the sewer district, spoke to Mike Shaw would like to discuss this at a March workshop meeting. 7.0 ATTORNEY MATTERS Town Counsel Mark Schachner-Requested Executive Session on litigation matters. Executive Director Martin-One matter of acquisition of property. 8.0 OPEN FORUM 7:20 p.m. Mr. Pliney Tucker-Queensbury- What is the status of the meeting with the City on February 11th over annexation. Town Counsel-There have been public notices issued by the City of Glens Falls indicating that they intend to convene a public hearing on February 11th, we are involved with negotiations with them about possibly postponing that. That is not yet resolved. Mr. Tucker-If they go ahead will you guys show up? Supervisor Champagne-To be determined. Mr. Tucker-RE: Corinth Road the County did patching and it is coming apart...it should be paved from the City Line... Supervisor Champagne-We are looking at the total corridor from the Northway into the City and we are looking at the possibility of getting funding for engineering studies...noted that the County is well aware of our needs. Ms. Barbara Bennett -Spoke to the Board regarding chlorine in the water, noting that she is allergic to it, requested to be placed on the City Water System... Water Supt. Thomas Flaherty-Noted that Mrs. Bennett had requested some information regarding the chlorine, report is forthcoming. Supervisor Champagne-Noted there is a legal situation being in an existing district, moving from one to another... Water Supt. Flaherty-Noted that we need to get into Mrs. Bennett's house to take water samples...we have tried to do that but we have been unsuccessful. Supervisor Champagne-Noted that testing will have to be done, it is premature to give an answer this evemng. Ms. Bennett -I am notifying you that there is a problem. Mr. John Salvadore-RE: Executive Session for land acquisition, questioned if that is a reason for executive seSSIOn. Town Counsel Schachner-Acquisition of property is one of the expressed legitimate purposes for executive seSSIOn. Mr. Salvadore-Re: Size of the line across the Northway Bridge...shouldn't that be the subject of an environmental review. Town Counsel Schachner-I am not sure it is an action subject to SEQRA. Mr. Salvadore-Questioned the size of the pipe...taking in Indian Ridge.. Supervisor Champagne-It would be my opinion that if in fact sewer is ever run up through Aviation Road sector over and beyond what we are talking about then it would probably be a new line a straight shot down Dixon Road... Mr. Salvadore-noted that would be a statement that would be made in an environmental review. Spoke to the Town Board regarding a letter sent to him from Highway Supt. Paul Naylor regarding Dunhams Bay Road.. Supervisor Champagne-Recommended that Mr. Salvadore contact Mr. Naylor for a meeting. Mr. Brendon Lyons-Glens Falls Post Star reporter-Regarding executive session for acquisition of real property, I think the full language in the statue is that you can have the discussion in executive session only when publicity would effect the value of the property. I am not sure you want to discuss the CVS Hanneford Bros. parcel is that what this is for? Executive Director Martin-No. Supervisor Champagne-The Town is looking to purchase a piece of property, that piece of property should not go up in lights at this point because I do not even know that the owner knows that we are interested in it. Mr. Dennis Brower-Queensbury-the Planning Board is considering Indian Ridge on February 20th, this is in spite of the fact that this is in litigation, is this the developers choice? Executive Director Martin-Yes. Mr. Brower-The Town Board has no say in that at all? Supervisor Champagne-None what so ever. Asked for further comments from the public...none RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 83.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss acquisition of property and two litigation items. Duly adopted this 3rd day of February, 1997 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Goedert Councilman Pulver left the meeting. RESOLUTION ADJOURNING MEETING RESOLUTION NO. 84.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 3rd day of February, 1997 by the following vote: AYES: Mr. Turner, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Goedert, Mrs. Pulver Respectfully submitted, Miss Darleen M. Dougher Town Clerk Queensbury