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1997-08-11 SPECIAL TOWN BOARD MEETING AUGUST 11, 1997 4:30 p.m. MTG.#39 RES. 307-310 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner Councilman Connie Goedert Councilman Carol Pulver RESOLUTIONS RESOLUTION ACCEPTING DEDICATION OF BERRY DRIVE AND FIELD VIEW SOUTH LOCATED IN THE BAYBERRY MEADOWS SUBDIVISION RESOLUTION NO. 307,97 INTRODUCED BY: MRS. CONNIE GOEDERT WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CAROL PULVER WHEREAS, Cerrone Builders, Inc., has offered a deed to dedicate Berry Drive and Fieldview South located in the Bayberry Meadows Subdivision to the Town of Queensbury, which is more particularly described in the survey map presented at this meeting, and WHEREAS, Richard Missita, Deputy Highway Superintendent, has recommended acceptance of the road contingent upon the agreement that the remaining fine grading and seeding of the right -of-way be completed by the third week of August, 1997, which agreement has been received by the Town, a copy of which is attached hereto, and WHEREAS, the form of the deed and title to the roads offered for dedication have been reviewed by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts and approves the aforementioned deed for dedication of Berry Drive and Fieldview South in the Bayberry Meadows Subdivision, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which time said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the road be hereby added to the official inventory of Town Highways to be described as follows: Name: Berry Drive Road Number: 516 Description: Beginning at Bay Road and continuing in a easterly direction, a distance of 1030' and .19 hundredths of a mile and ending at Fieldview South. Feet: 1030' Name: Fieldview South Road Number: 517 Description: Beginning at Fieldview Road and continuing in a southerly direction, a distance of 740' and .14 hundredths of a mile and ending at dead end -temporary turn around. Feet: 740' Duly adopted this 11th day of August, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 34 THEREOF ENTITLED, "RETIREMENT INCENTIVE PROGRAM" AND REPLACING IT WITH A NEW CHAPTER 34 ENTITLED, "1997 RETIREMENT INCENTIVE PROGRAM" WHICH CHAPTER SHALL AUTHORIZE A RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES OF THE TOWN OF QUEENSBURY RESOLUTION NO. 308, 97 INTRODUCED BY: MRS CONNIE GOEDERT WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER 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 Repealing Existing Chapter 34 Thereof, Entitled, 'Retirement Incentive Program' and Replacing it With a New Chapter 34 Entitled, '1997 Retirement Incentive Program,'" which Chapter shall authorize a retirement incentive program for eligible employees of the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the Municipal Home Rule Law of the State of New York and Chapter 41, Laws of 1997 of New York State, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 18TH day of August, 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 11th day of August, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None 2.0 ATTORNEY MATTERS NONE 3.09 COMMITTEE REPORTS Councilman Goedert-Highway Committee 8-15-97 1:00 P.M. 4.0 PLANNED DISCUSSION ITEMS 4.01 REAL ESTATE APPRAISERS-ARTICLE 7 Town Assessor Helen Otte-Reported to the Board on the Niagara Mohawk, Sherman Island Dam, (assessment on dam) three appraisers have been contacted regarding an appraisal of the property need to choose one company... Councilman Pulver-Questioned what the difference in assessment was...and appraisal numbers... Assessor Otte-Niagara Mohawk proposed thirty one million our assessment is just under thirty five million... preliminary appraisal numbers between fifteen hundred and twenty five hundred dollars, full court ready appraisal, ten to fifteen thousand dollars... Town Board-To do the first steps and await the answer and go from there. It was the decision of the Town Board to have Appraisal Interviews at 5:00 p.m. Monday, August 18th. 4.02 LA WNMOWER FOR BUILDING & GROUNDS Building & Grounds Superintendent, Chuck Rice-Spoke to the board regarding the lawnmower situation, cost to replace lawnmower part price range of $1,600.00 including labor. Noted he is uncomfortable putting that kind of money into tractor that is that old. Councilman Goedert questioned if there is money in budget to replace it? Mr. Rice, yes. After further discussion it was the decision of the Town Board to have a resolution prepared for next regular Town Board Meeting. 4.03 LUZERNE ROAD SANITARY SEWER Mike Shaw, Deputy Wastewater Director spoke to board regarding call from DEC regarding the status of Luzerne Road Sewer\West Glens Falls Fire Company and CVS. The State requires private sewer main to have more than one parcel served to either be owned by a Transportation Company or owned by the local Municipality. DEC would like to know the status of the Town in taking the line over or making it a larger district. (Map presented) Possibilities are if the Town wanted to create a sewer district is create the district around its users or the possibility of making a larger district. Mr. Shaw made phone calls noted there were sixteen yeses, seven noes, five no answer possible sewer service for the future. If the Town wants to create a larger district can provide a service a person can hook on years from now and not pay any sewer tax. Executive Director, Mr. Goralski questioned what would be the possibility of including the City property which is zoned as light industrial that is across the street from the West Glens Falls Fire House? Mr. Shaw, would certainly be a possibility. Water Superintendent, would depend on what you would put in there and what your sewer load would be. Supervisor Champagne noted the assumption was that any pipe that goes in the ground should become a Town owned pipe. The district should be determined based on what information we have. Water Superintendent, Mr. Flaherty noted a public hearing would have to be held, have to do Map, Plan, and Report. Councilman Goedert questioned if all the residents would be notified of the public hearing? Mr. Shaw, yes. After further discussion it was the decision of the Town Board to have Water Superintendent, Mr. Flaherty contact some engineers regarding project that are qualified also will contact City. 4.04 MOBILE HOME PARK FEES Discussion held regarding fees for mobile home parks. After further discussion it was the decision of the Town Board to have Executive Director, Mr. Goralski and Controller, Mr. Hess meet and come back to the board with a recommendation. 4.05 BIRDSALL ROAD Discussion held Birdsall Road. Executive Director, Mr. Goralski noted there are no Planning Board or Zoning Board resolutions that place any conditions on Birdsall Road. Highway Superintendent, Mr. Naylor noted by Town Board resolution it was adopted in 1963, a resident has come forth now that would like it extended and paved. After further discussion it was the decision of the Town Board to measure the road to see where it should be, Attorney to look into matter. 4.06 INTERVIEW WITH INSURANCE CONSULTANT Controller, Mr. Hess spoke to board regarding insurance policies noting they have expired. It has been several years since they have gone out for proposals noting it is a good time to look ahead to the next several years and make sure your coverage are where they should be and make sure you are paying the right price for the coverage. Mr. Faughman, Insurance Consultant explained process to board members. Mr. Faughman noted he would like to have the RFP ready sixty days before they see the proposal. Mr. Hess to have proposal before board before meeting on Monday. After further discussion it was the decision of the Town Board to have resolution prepared for next regular meeting. 4.07 QUAKER CEMETERY (MAP PRESENTED) Attorney John Lapper spoke to the board regarding Quaker Cemetery with the recent discovery of grave sites. Noted the Quakers would like the remains buried on site (map presented) and conveyed to the Town as an additional piece of the cemetery. After further discussion it was the decision of the Town Board to have resolution prepared for next regular meeting accepting site as Cemetery. Attorney Lapper updated the board regarding parking for the upcoming Lowes Building noted it is less than what was originally planned. 4.08 QUEENSBURY LANDFILL CLOSURE - FINAL PAYMENT TO DELANEY Supervisor Champagne spoke to the board regarding the final payment to Delaney, asked board if they are in agreement to pay final payment? Town Board, yes. 4.09 TOWN'S ETHICS LAW - NO INTEREST FROM TOWN EMPLOYEES Discussion held regarding Ethics Law, noted the first step is to do a Home Rule Law which means you don't have to file a State Law, a public hearing will have to be held. TOWN BOARD MEMBER MATTERS DISCUSSION HELD REQUEST FOR STREET LIGHTS POTTER ROAD - COTTAGE HILL ROAD Councilman Turner received request for lights on Potter Road at the exits of the streets that exit onto Potter Road. Councilman Goedert received the same request for Cottage Hill Road. After further discussion it was the decision of the Town Board to have interested party go to residents in the area to see if they would be interested to sign petition regarding this request. SEWER MAIN OVER NORTHWAY Supervisor Champagne received request from DOT requesting commitment from Town Board Aviation Road Bridge. Once the resolution goes to DOT they put in it their plans and design they need a check for $141,000 by the time the specs are sent out. Councilman Goedert questioned if the school project has the sewer included in it? Supervisor Champagne will check with Dr. Gee to make sure. Discussion held regarding Town of Moreau buying into the Water Plant. Supervisor Champagne need to set up meeting for August 19th, at four o'clock to meet and discuss issues. Councilman Goedert noted she would like to get copy of the contract. Councilman Monahan noted she would like a copy of the transcript where it was talked about what we offered them for the future. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 309,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel. Duly adopted this 11th day of August, 1997, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 310, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 11th day of August, 1997, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None DISCUSSION HELD Councilman Goedert noted she left an application for the Cemetery Commission on Kim Heunemann desk asked her to direct it to wherever it had to go. Spoke to the board regarding Town of Queensbury Cemetery's noting they should all be cared for in the same manner. DISCUSSION HELD Councilman Turner questioned if they received the letter from the Cemetery regarding purchase of new truck? Supervisor Champagne, yes. Councilman Monahan noted a resolution is needed to extend Sylvia Dougher term for the Cemetery Commission. No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury