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1998-03-02 REGULAR TOWN BOARD MEETING MARCH 2, 1998 7:05 P.M. MTG#1O RES #79-97 BH 3-4 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER PRESS POST STAR TOWN OFFICIALS CONTROLLER, HENRY HESS, EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND WATER SUPERINTENDENT, RALPH VANDUSEN TOWN HISTORIAN, MARILYN VANDYKE PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DOUGLAS IRISH SUPERVISOR CHAMPAGNE-Opened meeting. EMPLOYEES AWARDS CEREMONY SUPERVISOR CHAMPAGNE-Read following statement into the record. Welcome to our Towns Fourth Employee Recognition Ceremony. Thank you for joining us to celebrate this wonderful event. We are privileged to have committed, dedicated, resourceful employees serving our Town. An outstanding team of Department Heads who together accept full responsibility and accountability for this Towns service to its residents and to the high performing group of people who have a responsibility for maintaining our roads our buildings, our recreational activities, our water, our wastewater, our help, our safety, the future development in the zoning, the revenue receipts, vital statistics, history or financial well being, legal affairs, justice department, senior citizens, solid waste, and even our cemetery, and we do salute you. We're here tonight to honor you who contribute far more than just your time and your talent to this town. To often we fail to recognize the quality service that these people deliver to our residents on a day to day basis. You are the individuals who keep the wheels of progress turning in town government. You have the expertise and the creativity to continue to make Queensbury a world class town. As, I listen to our people in our Clerk's Office, in particular our Community Development Office and our Town Assessor's Office, I am convinced that Queensbury is on the cutting edge of work place reform. Our employees are keeping pace with tomorrow's technology for which we take great pride. One of the most vital signs of total quality service to our residents is building trust and confidence in government through your efforts we are making this happen. Our most valuable asset in Town government is our human resources just as in any business venture. You are the special people very special to the Town and we are very proud of you and all that you do for making Queensbury a great place to live and work. Thank you very much. Supervisor Champagne and Board Members presented the following employees with a gift or certificate: Five Years: Andre Demers, Ten Years: Ernie Hicks, Mary Winslow, Walt Donovan, Henry Manney, Peter Smith, Wesley Eggleston Fifteen Years: Gwen Perry, Rodney Mosher, Twenty Years: Jim Coughlin Twenty Five Years: Ralph VanDusen RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 79. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 2nd day of March, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None Absent:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR RICHARD SCHERMERHORN RESOLUTION NO.: 3.1998 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Richard Schermerhorn has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Section 136-IO(B)(2), such application requesting approval for the natural ground surface slope for the proposed fill system to exceed the maximum allowed slope of ten percent (10%), NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on March 16, 1998, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Richard Schermerhorn to allow a natural ground surface slope for the proposed fill system to exceed the maximum allowed slope often percent (10%) on property situated on the north side of Walker Lane, Queensbury and bearing Tax Map No.'s: 60-7-13.2, 13.3, and 13.4, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 2nd day of March, 1998, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.4. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health and enters back into the Town Board of the Town of Queensbury. Duly adopted this 2nd day of March, 1998, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None Absent:None CORRESPONDENCE NONE COMMITTEE REPORTS NONE OPEN FORUM (RESOLUTIONS) NO PUBLIC COMMENT RESOLUTIONS RESOLUTION ACCEPTING DEDICATION OF OVERLOOK DRIVE LOCATED IN HILAND PARK RESOLUTION NO. 80. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Hiland Homeowner's Association and Hiland Family Golf have offered a deed to dedicate Overlook Drive, located in Hiland Park to the Town of Queensbury, which is more particularly described in the survey map presented at this meeting, and WHEREAS, Paul Naylor, Town Highway Superintendent, has recommended acceptance of this road, and WHEREAS, Ralph VanDusen, Water Superintendent, has advised that the water mains and appurtenances installed on Overlook Drive have been made in accordance with the requirements of the Town of Queensbury Water Department, with the exception that the first hydrant in from the south entrance of Overlook Drive sets too low with the landscaping and shrubs surrounding it, and WHEREAS, the Town Counsel has reviewed the original Deed and title to the road offered for dedication, and WHEREAS, the Hiland Homeowner's Association and Hiland Family Golf, by letter dated February 24, 1998, have agreed to relocate the shrubs and landscaping surrounding the first hydrant in from the south entrance of Overlook Drive by May 1, 1998 so that the hydrant can be maintained, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of Overlook Drive is hereby accepted contingent upon approval by Town Counsel and also contingent upon the receipt of title insurance adequately insuring the Town's ownership, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury acknowledges the Hiland Homeowner's Association and Hiland Family Golfs commitment to relocate the shrubs and landscaping surrounding the first hydrant in from the south entrance of Overlook Drive by May 1, 1998, so that the hydrant can be maintained, 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: Overlook Drive Road Number: 518 Description: That highway to be known as Overlook Drive, beginning at Rockwell Road and continuing in a west/north/east direction, a distance of 1,903' and .36 hundredths of a mile and ending at Rockwell Road. Duly adopted this 2nd day of March, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE FOR CRACKER BARRELL OLD COUNTRY STORE FROM SFR-1O (SINGLE F AMIL Y RESIDENTIAL - 10,000 SQUARE FEET) TO PC-IA (PLAZA COMMERCIAL - 1 ACRE) RESOLUTION NO. 81. 98 INTRODUCED BY: Mr. Richard Merrill MOTION WITHDRAWN WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish DISCUSSION HELD BEFORE VOTE: COUNCILMAN MERRILL-Noted that earlier this afternoon he had a discussion with Town Counsel for the request to rezone asked Counsel to comment on this. TOWN COUNSEL, MR. SCHACHNER-Noted Councilman Merrill spoke with him this afternoon the questioned he asked was whether the Town Board could if they wished to consider some option other than granting the request to rezone to plaza commercial or denying the request to rezone to plaza commercial. Councilman Merrill specifically asked whether there is a way that we could modify the proposed resolution and propose public notice to afford you as a Town Board further flexibility in your deliberations if you decided if there was some other zoning classification you wish to select for the property in question. The answer to that question is yes, made two minor modifications to the resolution, distributed new resolution to board members. Noted the modifications appear on page 2 in the second resolved, paragraph the third to last line it says; would be rezoned to PC-IA Plaza Commercial -1 Acre or such other suitable zoning classification as the Town Board may determine. The second change is in the notice of public hearing. The last phrase in the first full paragraph is the same phrase just read; Be designated or rezoned to PC-IA Plaza Commercial 1 Acre or such other suitable zoning classification as the Town Board may determine what all those changes would accomplish is that it would indicate that your notice of public hearing states that you are considering a request to rezone from single family residential to plaza commercial, but that you may, you are not obligated too, but that you may consider other options. SUPERVISOR CHAMPAGNE-Questioned if this should be noted in the title of the resolution. TOWN COUNSEL, MR. SCHACHNER-Doesn't think it is necessary because the request is as indicated in the title. SUPERVISOR CHAMPAGNE-Questioned in a public hearing there would be an unknown questioned if this would be announced at that point? The people are here to talk about it have input to an unknown zone that might be detennine following the public hearing? COUNCILMAN TURNER-Noted he doesn't agree with that. They are here to hear the request on plaza commercial therefore the plaza commercial hearing should come first. If the applicant so decides that in the process that this gets turned down thinks it is up to him to determine whether he wants us to consider another zone it is his property. COUNCILMAN IRISH-Noted he doesn't agree with that. As a Town Board should consider the proper use for that property. The applicant could come in and ask for highway commercial and say that's the only thing he can live with even though that's his request it is up to us to determine what the best use of that property would be. COUNCILMAN TURNER-Noted they will be aware of it now but they haven't been aware of it that this would change. COUNCILMAN MERRILL-The intent was to allow flexibility. SUPERVISOR CHAMPAGNE-Noted he would feel more comfortable if they previously identified what it possibly might be. COUNCILMAN MERRILL-That might come out in the deliberations. TOWN COUNSEL, MR. SCHACHNER-Noted he is not saying you must make this modification trying to accommodate the request for maximizing flexibility . COUNCILMAN IRISH-Questioned if they don't modify the resolution could they still make any determination as far as zoning? TOWN COUNSEL, MR. SCHACHNER-Noted the answer is yes, but the question is how many procedural steps would still be required. COUNCILMAN MERRILL AND COUNCILMAN IRISH WITHDREW THEIR MOTION FOLLOWING RESOLUTION INTRODUCED RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE FOR CRACKER BARREL OLD COUNTRY STORE FROM SFR-1O (SINGLE F AMIL Y RESIDENTIAL - 10,000 SQUARE FEET) TO PC-IA (PLAZA COMMERCIAL - 1 ACRE) RESOLUTION NO.: 81. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY : Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically, considering a request for an amendment to the Town of Queensbury Zoning Ordinance by the Cracker Barrel Country Store whereby certain property lying and existing within the Town of Queensbury and bearing Tax Map Identification No.'s 98-2-1; 98-3-1; and 98-3-5, located at the comer of Aviation Road and Greenway North and currently zoned SFR-1O (Single Family Residential- 10,000 Square Feet) be rezoned to PC-IA (Plaza Commercial- 1 Acre), and WHEREAS, on or about October 20, 1997, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request to the Town of Queensbury Planning Board for a report and recommendation, and WHEREAS, on or about the 13th day of January, 1998, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board approval of the Petition for a Change of Zone, with a number of specified conditions, and WHEREAS, on or about the 14th day of January, 1998, the Warren County Planning Board adopted a resolution to recommend to the Town Board disapproval of the Petition for a Change of Zone, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and Map, it is necessary pursuant to Town Law ~265, the Municipal Home Rule Law, and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed Zoning Amendment has submitted a Full Environmental Assessment Form and completed Petition for a Change of Zone, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map whereby certain property lying and existing within the Town of Queensbury and bearing Tax Map Identification No. 's 98-2-1; 98-3-1; and 98-3-5, located at the comer of Aviation Road and Greenway North and currently zoned SFR-1O (Single Family Residential- 10,000 Square Feet) would be rezoned to PC-IA (Plaza Commercial- 1 Acre) or such other suitable zoning classification as the Town Board may determine, and BE IT FURTHER, RESOLVED, that said public hearing on the issues set forth in the preambles of this resolution and proposed Local Law, shall be held on March 23rd, 1998, at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Community Development Department to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Community Development Department to arrange for notification to all said property owners of the proposed Zoning Amendment and that a public hearing will be held by mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Community Development Department is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, Warren County Planning Board, and such other communities or agencies that it is necessary to give written notice to pursuant to ~265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the action about to be undertaken is subject to SEQRA and that it desires to be lead agency for purposes of the SEQRA review, and BE IT FURTHER, RESOLVED, that the Community Development Department is hereby authorized and directed to forward the Application for Rezoning and a copy of the EAF and give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and to review and send any notices to potentially involved agencies that may be necessary, and BE IT FURTHER, RESOLVED, that the Community Development Department is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency, if notice is necessary. Duly adopted this 2nd day of March, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: JOHN SALVADOR-Noted on February 25th, received a note from Sue Cipperly as a member of the Town Comprehensive Planning Committee, a note relative to this project. The note indicates that the Town Board is considering the rezoning request noting input from the Comprehensive Planning Committee regarding this issue would be helpful to the Town Board in their deliberations. After receiving the letter I contacted Ms. Cipperly by telephone, since the beginning of the year when the Town Board appointed the committee it has been imperative that they meet immediately and elect a new Chairman since Mr. Merrill can no longer serve in that capacity. Noted they have not met, and have not elected a Chairman and as a committee they are not functioning, I do not feel that there is any input into this subject at the present time from the Comprehensive Planning Committee. COUNCILMAN MERRILL-Noted they have been working on a land use plan for about three years. A significant portion of it is in draft form out to the committee for review. When all comments are received the draft will be presented to the Town Board for review and then it will be presented to the public. There is a section in the Comprehensive Plan that addresses the property in question this section was addressed by the committee more than two years ago. Noted he is privy to what the committee discussed his feeling is the rest of the Town Board should have that input as well believes it should be released to the public. Recommended to release only that section as a draft to the Town Board and to the public through Chris Round. Town Board in agreement. Spoke to the board regarding letter of February 5th, 1996 to Mr. Lemery in response to a question noted this is a matter of public record would like to make this available to the public and to the board. VOTE TAKEN RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY UJ. LIMITED PARTNERSHIP RESOLUTION NO. 82. 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION MOTION WITHDRAWN SECONDED BY: Mr. Richard Merrill DISCUSSION HELD COUNCILMAN TUCKER-Questioned who is UJ. Limited Partnership? SUPERVISIOR CHAMPAGNE-U J. Limited Partnership is an manufacturing operation that is located on Corinth Road. The building has been previously assessed at a $195,500 which is a relatively small building. When they did their rezoning it was incorrectly assessed it is in a residential district and that was not taken into consideration at the time noting this is what the Attorney and Assessor are recommending. COUNCILMAN IRISH-Questioned if the School Board had any problem with this? TOWN COUNSEL, MR. SCHACHNER-Noted the School Board hasn't reviewed this yet they will be doing so this month. Their counsel has reviewed it and he expects the Board of Education to approve it. COUNCILMAN IRISH-Recommended holding this until the School Board reviews it. TOWN BOARD-In agreement. RESOLUTION TO ACCEPT BIDS FOR PURCHASE OF LOADER, DUMP TRUCK AND TRAILER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 82. 98 INTRODUCED BY: MR. THEODORE TURNER MOTION WITHDRAWN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL DISCUSSION HELD BEFORE VOTE: COUNCILMAN IRISH-Questioned if they could attached conditions to this resolution? TOWN COUNSEL, MR. SCHACHNER-It depends on the conditions. COUNCILMAN IRISH-Noted he would like to see a couple of things from Mr. Naylor. Would like to see the Queensbury stickers on his car and would like to see a list of the roads he intends to pave this summer believes this is required by Highway Law when he submits his budget. Questioned if they could make that contingent, those things be done before he purchases this equipment? TOWN COUNSEL, MR. SCHACHNER-Noted they have advertised for bids, bids have been submitted noting nothing even remotely like those contingencies have been expressed in the bid documents. COUNCILMAN IRISH-Noted he doesn't have a problem with the bid or price. Would like to see those two things before they spend any money. TOWN COUNSEL, MR. SCHACHNER-Noted if he is understanding the concern you might want to reject all the bids and not go forward. Doesn't think it is reasonable or legally appropriate to attach conditions to the resolution accepting the bids along the lines you mentioned because they don't seem to him as Counsel to have enough to do with the bid solicitation and the bids. Noted if they were to attach those conditions if conditions are not fulfilled the bidder has a reasonable expectation that if their bids are accepted the lowest responsible bidder is accepted that they'll get the sale. Those conditions don't bear reasonable or rationale or close enough relationship to the bid solicitation to be legally appropriate. You deserve the right to reject the bids if you want to reexamine. . . .. COUNCILMAN IRISH-Questioned if they should table this until they agree to those items? Questioned if they accept the bids are they buying the vehicles? TOWN COUNSEL, MR. SCHACHNER-Correct. COUNCILMAN MERRILL-Questioned if these things would be handled through the Highway Committee, but we don't have a Highway Committee. COUNCILMAN TURNER-Thinks the items on the table are well warranted. COUNCILMAN IRISH-Doesn't disagree. COUNCILMAN TURNER-Noted the 40 ton trailer replaces an outdated trailer they could cause problems as far as insurance and OSHA the same with the four wheel drive loader. SUPERVISOR CHAMPAGNE-In a position to vote to see whether vote goes or doesn't go. COUNCILMAN MERRILL-Questioned if this is to vote to accept the bids? SUPERVISOR CHAMPAGNE-Correct. COUNCILMAN IRISH-Questioned if they accept the bids does he have to come back to the Town Board before he can purchase these items? COUNCILMAN TURNER-No. COUNCILMAN MERRILL-Questioned if they reject these if they vote no are they rejecting the bids? TOWN COUNSEL, MR. SCHACHNER-If you vote no then you are not accepting the bids. You do in all your bid documents reserve the right to reject all bids and not make the purchase. COUNCILMAN TUCKER-Questioned if they could table this? TOWN COUNSEL, MR. SCHACHNER-Reviewed bid documents looks like it can be tabled. SUPERVISOR CHAMPAGNE-Recommended to vote to table COUNCILMAN MERRILL-Withdrew his second. COUNCILMAN TUCKER-Noted he does not want to vote it down, he needs the equipment. COUNCILMAN TURNER-He needs the equipment to do the work. SUPERVISOR CHAMPAGNE-Tabled it until the next meeting? COUNCILMAN TUCKER-Questioned if the Supervisor could set it up so they could talk to Mr. Naylor? SUPERVISOR CHAMPAGNE-Sure. Questioned what Mr. Turner wanted to do with his motion? I'll second it to get it on the table. DEPUTY TOWN CLERK, O'BRIEN-Noted the motion could be withdrawn and brought up at the next meeting. SUPERVISOR CHAMPAGNE-Withdrew his second. COUNCILMAN TURNER-Withdrew his motion. COUNCILMAN MERRILL-Noted the appropriate way to handle this would be through a liaison committee, need to push to get this established noting he will volunteer to sit on the committee. RESOLUTION AMENDING RES. 66.98 REGARDING THE HIRING OF TEMPORARY EMPLOYEES IN THE TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 82.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 66.98, authorized the hiring of Howard Bluege as a part-time, temporary employee in the position of "Appraiser" and Bob Casey as a part-time, temporary employee in the position of "Data Collector" in the Town Assessor's Office, and WHEREAS, the Warren County Department of Personnel and Civil Service has advised that the job titles of "Appraiser" and "Data Collector" do not exist in their classification plan nor in the Town of Queensbury's salary and compensation plan and therefore has advised the Town of Queensbury to amend Resolution No. 66.98 such that the job titles of Mr. Bluege and Mr. Casey shall each read "Part -Time Clerk, " NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 66.98 such that the job titles of the part -time temporary employees, Howard Bluege and Bob Casey, shall each be "Part-Time Clerk." Duly adopted this 2nd day of March, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF PLAQUE TO BE PLACED ON CIVIL WAR MONUMENT RESOLUTION NO.: 83.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, renovations are currently being made to the Civil War Monument in downtown Glens Falls, and WHEREAS, the Town Board of the Town of Queensbury wishes to purchase a plaque to be permanently placed on the monument as a tribute to those who died in the Civil War, including numerous residents of the Town, and WHEREAS, Marilyn VanDyke, Town Historian and the Town's liaison on the Civil War Restoration Committee, has advised that the Town may purchase a plaque from Lee Memorials for a cost of $4,750, and WHEREAS, the Town will own this plaque and be responsible for its installation and future maintenance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Town Historian Marilyn VanDyke to make the necessary arrangements for the purchase of a Civil War plaque from Lee Memorials for a total cost not to exceed $4,750, said plaque to be permanently placed on the Civil War Monument in Glens Falls, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor to sign any and all documentation, including a contract to be in form approved by Town Counsel, to effectuate the Town's purchase of the plaque, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Historian to update the Town Board as may be necessary regarding any future maintenance costs for the plaque, as it is the Town Board's understanding that the Town of Queensbury shall be responsible for these costs, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to transfer $4,750 from the Contingency Contractual Expenses Account No. 01- 1990-4400 to the Historical Contractual Expenses Account No. 001-7510-4400 to cover the costs of the plaque and that the 1998 Town Budget be amended accordingly. Duly adopted this 2nd day of March, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: TOWN HISTORIAN, MARIL YN VANDYKE-Has served as a liaison from the Town to the Civil War Monument Restoration Committee. The Monument Restoration Committee determined that it needed $100,000 to restore the monument to a suitable state having previously been restored in 1929, and in 1967. The contribution raised to date nearly equal the sum desired including a $1,038.00 raised by the school children of Queensbury and the latest contribution of $10,000.00 from the Evergreen Bank and from Phil Morse and equal amount to restore the eagle on the top of the monument. The committee is hoping to have a grant of $86,000 for historic preservation that may be forth coming. Decided there was one more thing to complete the total project that is to put the fourth bronze plaque on the fourth side of the monument which is the portion of the monument that faces South Street if you are looking directly at it. It is the section of the monument that also says; To Those Honor Dead Who Died From The Town of Queensbury. Noted it would be very appropriate for the board to consider that aspect of the restoration. RESOLUTION DIRECTING TOWN DEPARTMENTS TO REMOVE OBSOLETE VEHICLES FROM THE ROAD RESOLUTION NO.: 84.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, from time to time, old and/or obsolete Town vehicles are replaced by new vehicles, and WHEREAS, the Town Board of the Town of Queensbury wishes to direct all Town Departments that replace vehicles to take the old/obsolete, replaced vehicles off the road, de-register and dispose of the vehicle(s) via sale, auction, or by another approved method, unless specifically otherwise permitted to be left on the road by Town Board Resolution as stated in the January 14, 1998 Memorandum from Henry Hess, Town Controller, to all Department Heads, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby directs all Town Departments to take any old/obsolete, replaced vehicles off the road, de-register and dispose of them via sale, auction, or by another approved method when replaced by newer vehicles, unless specifically otherwise permitted to be left on the road by Town Board Resolution. Duly adopted this 2nd day of March, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 85.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, certain Town Departments have requested fund transfers for the 1997 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1997 Town Budget be amended as follows: ASSESSOR: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1355-4740 (Contractual) $ 5,030. Duly adopted this 2nd of March, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 1998 A LOCAL LAW OF THE TOWN OF QUEENSBURY ESTABLISHING A TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT RESOLUTION NO. 86. 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED 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. _ of 1998 "A Local Law of the Town of Queensbury Establishing a Temporary Moratorium on Adult Entertainment Uses," which Law shall authorize a temporary moratorium on the conduct of adult uses and adult entertainment uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the 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 16th day of March, 1998, to consider said Local Law No. _ of 1998 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. _ of 1998 in the manner provided by law. Duly adopted this 2nd day of March, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING MEMBER TO THE COMPREHENSIVE PLAN ADVISORY BOARD RESOLUTION NO.: 87.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, ~3-4 of the Code of the Town of Queensbury authorizes the establishment of Advisory Boards, and WHEREAS, by Resolution No.: 557, 1994, the Town Board of the Town of Queensbury established an 11 member Comprehensive Plan Advisory Board in an effort to invite public participation in the drafting of a new Town Comprehensive Plan, and WHEREAS, a vacancy presently exists on the Advisory Board and Town resident Linda King has expressed an interest in filling said vacancy, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Linda King to the Comprehensive Plan Advisory Board and authorizes and directs the Community Development Department to provide Ms. King with a copy of Chapter 3 of the Code of the Town of Queensbury. Duly adopted this 2nd day of March, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING MEMBER TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 88. 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Planning Board pursuant to applicable New York State law, and WHEREAS, there is presently a vacancy on said Board, with the term for said vacancy to expire on October 22, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Robert Vollaro to serve as a member of the Queensbury Planning Board, said term to expire on October 22, 1998. Duly adopted this 2nd day of March, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING MEMBER TO QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 89. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Zoning Board of Appeals pursuant to applicable New York State law, and WHEREAS, there is presently a vacancy on said Board, with the term for said vacancy to expire on March 2, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Joseph Porter to serve as a member of the Queensbury Zoning Board of Appeals, said term to expire on March 2,2005. Duly adopted this 2nd day of March, 1998, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPOINTING MEMBERS TO QUEENSBURY ETHICS BOARD RESOLUTION NO.: 90.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. lll, 97, adopted Local Law No.1, 1997, which repealed Chapter 14 of the Town Code and replaced it with a new Chapter 14 entitled, "Code of Ethics," and WHEREAS, the Town Board of the Town of Queensbury , by Resolution No. 342, 1997, adopted Local law No.8, 1997, which amended Chapter 14, "Code of Ethics" by deleting the requirement that an elected or appointed official or employee of the Town serve on the local Ethics Board, and WHEREAS, the Town Board of the Town of Queensbury conducted interviews for candidates wishing to serve on the Ethics Board and now wishes to appoint the mandatory five (5) members, two of the members for an initial term of two (2) years and three members for an initial term offour (4) years as required by the Queensbury Code of Ethics, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints the following members to the Queensbury Ethics Board: I.Paul Abess - two (2) year term; 2.Margaret Burrell - two (2) year term; 3. Ann Doerffel - four (4) year term; 4.Thomas Haley - four (4) year term; and 5.Kathleen Irion - four (4) year term. Duly adopted this 2nd day of March, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None " RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER ENTITLED, "APPEARANCE TICKETS RESOLUTION NO. 91. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _ of 1998 to Amend the Code of the Town of Queensbury by adding a new Chapter _ entitled, "Appearance Tickets," which Chapter shall provide additional enforcement provisions to the existing Town Code, and WHEREAS, such legislation is authorized pursuant to ~1O(4)(a) of the New York State Municipal Home Rule Law and ~65, ~135 and ~268 of the New York State 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 16th day of March, 1998, to consider said Local Law No. _ of 1998 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. _ of 1998 in the manner provided by law. Duly adopted this 2nd day of March, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPOINTING SCHOOL TRAFFIC OFFICER RESOLUTION NO. 92. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury is desirous of appointing Rebecca Robertson to a vacant School Traffic Officer position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Rebecca Robertson to the School Traffic Officer position, effective March 3, 1998, at the rate of pay of $22 per 2- hour day, and $8 per hour for time worked after the 2 hours, and BE IT FURTHER, RESOLVED, that the hourly wages paid to Ms. Robertson shall be from the appropriate Town of Queensbury Payroll Account. Duly adopted this 2nd day of March, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None RESOLUTION AUTHORIZING SOLID WASTE FACILITIES OPERATOR TO ADMINISTER WASTE DISPOSAL PROGRAM AT THE TOWN OF QUEENSBURY TRANSFER STATIONS RESOLUTION NO. 93. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Resolution No. 532, 1990, the Town Board of the Town of Queensbury authorized the Town Supervisor to set up and administer a program whereby the Supervisor would have the authority and power to direct Landfill employees to separate trash and various other items disposed at the Landfill into separate piles and properly identify the items so that the public could examine them and if desired, remove them at no cost for their own use and with no liability to the Town of Queensbury, and WHEREAS, James T. Coughlin, Town of Queensbury Solid Waste Facilities Operator, has made a recommendation to the Town Board that the Town Board amend Resolution 532, 1990 by designating the "Solid Waste Facilities Operator" as the administrator of the waste disposal process at each Transfer Station (formerly known as the "Landfill") instead of the Town Supervisor, and WHEREAS, the Town Board of the Town of Queensbury agrees with Mr. Coughlin's recommendation and wishes to designate Mr. Coughlin as the administrator of the waste disposal program at the Town's two Transfer Stations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 532, 1990 by authorizing James Coughlin to administer the waste disposal program at the two Town of Queensbury Transfer Stations. Duly adopted this 2nd day of March, 1998, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None OLD BUSINESS FULLER ROAD PAUL ABESS, QUEENSBURY -Requested that the Town Board not file a responding brief with the Appellate Division of the Supreme Court, you let the Rowlands and their attorney's who now claim Fuller Road as their own private property to fight the Citizens of Queensbury with their own money. If the board decides to go into executive session and then decide that you want to file a brief and continue the litigation then you should seriously question your own motives or objections for continuing to participate in this law suit. Noted the message you will be sending all area citizens is that you continue to believe that it is perfectly acceptable to take a publicly owned, maintained, and enjoyed road, close it, take it from all citizens past, present, and future and give it to the Rowlands who presently have posted no trespassing and private property signs. Then to add insult to injury you would be approving the continued use and waste of our taxpayers money to pay your attorney's to assure yourself that Queensbury Citizens will be forced to surrender our own road. This is not the Town Boards road it is the public's road. Deciding to proceed with the Fuller Road litigation using public money to take a public road from Queensbury Citizens it clearly anti -citizen. You are not representing your constituents and I can guarantee you if you decide to go behind close doors to make a decision to support Paul Naylor or the Rowlands selfishness your mistake will not be forgotten. It will be continusouly well publicized so that citizens in the future can make informed choices. DAN LARSON, QUEENSBURY-Spoke to the board regarding his concern regarding the Statue of Limitations for not suing in time noting this was brought up as one of the Towns defenses. Noted this annoys him thought they were talking so they didn't have to sue and hopes the message won't be that every citizen in Queensbury when they disagree with a Town Board decision has to sue first and talk later. Would much rather have more room for discussion and much less use of the Statue of Limitations let's argue the case on its own merits. MR. ROGER BOOR, QUEENSBURY-Questioned the board members how do the citizens benefit by the Town pursuing to keep the road closed? SUPERVISOR CHAMPAGNE-Noted as long as they are in litigation his hands are tied cannot answer that. COUNCILMAN IRISH-Agreed it should be heard on the merits of the case and not be tossed out on procedural issues. Read the memorandum that Mr. Abess gave him noting one of the options that if the Judge said that we didn't need to respond to it and they would go forward then that was what he was willing to do. Reads in the memo now if they don't respond the Town could be liable for the court costs that they incurred which they have asked for in their memorandurn. MR. BOOR-Questioned who is "they"? COUNCILMAN IRISH-The litigants as in yourself the Town would become liable. Noted just coming on the board didn't make the decision to close the road, but is also not going to sit here and become liable for court cost by not responding to something. MR. BOOR-Questioned if a waiver would suffice? COUNCILMAN IRISH-If the Judge would accept it that you waved any incurred expenses for it noted he would have no problem in making that recommendation. COUNCILMAN MERRILL-Noted his position has been after the case went to court it should have been tried on its merits would still like to see that happen. It is a question on how do we do it properly, need legal counsel. MR. BOOR-Noted for himself that he would not seek any punitive damages noted all they want is the road. BOB SCHULTZ-Noted the court costs are $250.00. Spoke to the board regarding his experience with the Appellate Division. JEFF LYNCH, QUEENSBURY-Noted his understanding is that the Attorney for the Town said this is a possibility. COUNCILMAN IRISH-The Judge in his memorandum. MR. LYNCH-Spoke to the board regarding his concern for Fuller Road noting they should listen to what the plaintiffs are really saying. COUNCILMAN IRISH-Noted before they are ready to do what you are asking us to do would like to know what the ramifications are from what's going to happen if the Town doesn't do certain things. COUNCILMAN TURNER-Read a section from Page 25 from the brief. SUPERVISOR CHAMPAGNE-Noted the answer they are looking for tonight doesn't feel he can give them noting it is more directed towards an executive session. We asked to postpone this until the briefs had been returned and had an opportunity to review them and that it where they are now. Have not heard back from our attorney to know what avenue to take to protect the Town and certainly the Town Board. MR. SCHULTZ-Noted they have no attorney fees. They have $245.00 cost at the Supreme Court level and $250.00 cost at the Appellate level. Spoke to the board regarding form letter. Not looking for cost from the Town looking from cost from the Rowlands if they win. SUPERVISOR CHAMPAGNE-Will listen to their attorney to get that information there will be a Fuller Road executive session attomey/client.. SEWER - CORINTH ROAD SUPERVISOR CHAMPAGNE-Noted with the Corinth Road corridor understudy for upgrading and improvement some of us have strong feelings that the Town should be taking a look at possibly sewering that area. Has met with Supervisor Montesi regarding matter. WARREN COUNTY SUPERVISOR RONALD MONTESI-Spoke to the board regarding Exit 18 with the State of New York noting that they will be coming in at Exit 18 to the City, will repave the road, put in curbs and sidewalks noting this would be the time to put in sewers. SUPERVISOR CHAMPAGNE-Questioned if it is in the interest of the board to take a harder look at this, talk to some engineers to see if there is an interest to put a scope together? COUNCILMAN TUCKER-Noted the first thing to do would be get the board together to talk about it. SUPERVISOR CHAMP AGNE- To put on discussion for future meeting. COUNCILMAN IRISH-Noted they should include sewer discussion on Earltown. COUNCILMAN TUCKER-Spoke to the board regarding letter received from Matt Steves. Noted he look at the information that became available in the Town and it looks like it will work some of it was done back in the seventies. For the original price of $1,600.00 he wants to check everything out. Questioned if the board wants to go ahead with this? SUPERVISOR CHAMPAGNE-If the board agrees tonight will try to get a contract for next meeting. For $1600.00 he will go out and re-shot the elevations and walk the distance. NEW BUSINESS SKATE PARK - JEFF V ARMETTE MR. V ARMETTE-Made proposal to Town Board regarding Supra Fitness Complex & Skate Park asking for support from the Town for the children in the community to skate for free at the complex. Discussion held regarding if there is a way it could be funded through the Recreation Commission have them administer it but the Town Board provide the funding. After further discussion it was the discussion to have further discussion among the board members and Recreation Commission regarding this matter. QUAKER ROAD SIGNAL COORDINATION ZONING ADMINISTRATOR MR. ROUND-Spoke to the board regarding the Quaker Road Signal Coordination noting he has prepared a request for proposals in coordination with Dan Kane and Bill Remington from Warren County and consultation with the New York State DOT Region I Representatives. The proposal is in draft form will submit it to DOT for review before it goes out. Stated the Exit 19 bridge improvements will be made saw this as an opportune time to implement these improvements along with this project and with the Lowe's project. The County has suggested the Town in cooperation with one another split the cost of bringing signal coordination to fruition. Anticipating a $10,000 to $30,000 project that would be a actual implementation plan. Supervisor Champagne questioned the timing of the RFP? Mr. Round, right now it is with Jeff Marco at DOT hopes to get it back this week will let out to selected consultants within the next two weeks. Hoping the consultants that respond are going to be able to help to narrow the focus for the scope of services. Supervisor Champagne questioned the cost to upgrade the whole system talking about the bridge down to River Street. Mr. Round there is a certain level of timing coordination we're going to be able to bring with existing equipment, hoping to be able to bring some immediate improvements with a minimum amount of investment and then bring some longer term improvements with funding through the Transportation Council. Councilman Irish questioned if this includes only Quaker Road or parts of Aviation Road? Mr. Round, Aviation Road to the interchange that's the logical break point. Supervisor Champagne noted the State would pay for that. Mr. Round, now would be the time to do that so we could include that coordination with the State noting the State is a player in this proposal they are reviewing the technical aspects of the project. Noted they do have an RFP prepared it will be let out for Town engineering services to the Planning Board and Zoning Board. Bids to come back in at the end of March hope to have prices to review the first meeting in April. MOREAU WATER SUPERVISOR HARRY GUTHEIL, COUNCILMAN LARRY BULMAN PRESENT PROPOSAL PRESENTED TO BOARD MEMBERS SUPERVISOR GUTHIEL- I'm Harry Gutheil, Supervisor from the Town of Moreau next to me is Larry Bulman a Councilman from the Town of Moreau. SUPERVISOR CHAMPAGNE-Thank you. SUPERVISOR GUTHEIL-We talked about the water thing I think the last time the two boards had met Henry was going to go over some numbers on the river crossing. You sent us back a proposal which in the meantime we talked about and I think Queensbury agreed to cap that number at $217,000 on that .25 cents so we made some progress between meetings on that. I got the impression you were looking at what would the Town of Moreau be willing to do to make this work. We put this together our whole board hasn't seen we've got one member who is in Florida. I just received this stuff from the engineer this morning and faxed it up to Fred so hopefully you people could have Henry look at it, but I don't know what time he got it because I had a meeting down at Malta this afternoon. SUPERVISOR CHAMPAGNE-We got it around three o'clock, I guess. SUPERVISOR GUTHEIL-You people know we're going to be in Federal Court on Thursday. I really would like to see us be able to reach an agreement or least have a Memorandum of Understanding that we're going to sign a contract. Our intentions are to get the public involved over in the Town of Moreau. We promised we let them know, give them some input on what the board had finally reached. If we could reach some sort of an understanding and then present that to the Judge and then over the next few weeks get some public involvement in Moreau have a Draft Consent Order drawn that we could take back to court see if we can't end our decade plus long litigation and see Queensbury get in the regional water business. SUPERVISOR CHAMPAGNE-The numbers here that you presented the board. SUPERVISOR GUTHEIL-These are numbers I think the board would agree on. I can't speak for all of them but I feel comfortable we certainly like to work off of this. COUNCILMAN MERRILL-I guess I'd like to ask Henry for his analysis of these new numbers. SUPERVISOR CHAMPAGNE-Obviously these came in at three o'clock we really haven't had an opportunity.. CONTROLLER, MR. HESS-It's a quick perspective. I really have a pretty good familiarity with where this is going especially over the past couple months. Two things, I'd like to do sort of in a real nutshell tell our board what this counter proposal does and also try to put a perspective, one of the things that came over with this was a perspective sheet from Moreau trying to put in perspective the value of the contract to the Town of Queensbury. Of course, there is always a counter perspective for every point there is a counter point. I would like to present that because I think you need to hear that. First of all the proposal that came in this afternoon really is a substitute proposal. The proposal was made a couple of weeks ago when the Town of Moreau introduced a reduction in the five percent transmission charge. We maintained the fifty cent capital charge and introduced a twenty five cent second level surcharge, if you will. The theory behind that being is there is only a guarantee of three hundred thousand gallons a day from the Town of Moreau, of course, the value to Queensbury and to Moreau will be if it exceeds that so there is some cost deferral taking place here. The value of deferring some of those cost into the second level assuming that the contract does eventually go over three hundred thousand to the three hundred thousand dollar range we were able to identify some cost. . . use the word gamble, but we were willing to risk and say if it goes into that we'll recover those costs at that time. The proposal that comes back this afternoon really takes two hundred and thirty five thousand eight hundred dollars worth of guarantee cost of reimbursement to Queensbury and takes that out of the contract and substitutes back in or gives us what we asked for. From their point of view substitutes back in two hundred seventeen thousand dollars of possible revenue if we reach that second tier. So it's a lose contract because even if you were to recover the full two seventeen you are going to be about eighteen thousand dollars less in revenue than you would of received under the best, what was on the table before two weeks ago so I think the board has to look at it very closely and decide if that's the way to go. I'd like to just say a couple things about the perspective sheet that came with it I think it was probably furnished by the engineers. The 0 & M savings projections all of other. . . .I can understand where they are coming from I take exception to some of the assumptions on there, but the 0 & M savings projections are unsupported. I can take exceptions to some of those I really like to look at those a little closer, but they specifically do not take into consideration cost absorbed by Queensbury previously in holding the production capacity that it now has through delivery cost which are assumed in this contract zero. Administrative overhead which is decanted entirely in this contract and not being charged for at all. Startup cost for legal and engineering which are not accounted for here. The additional dedicated infrastructure cost that Queensbury is contemplating to invest in to produce this water. You need to balance that against the perspective of what does this contract do for us. Three hundred thousand gallons is the maximum actual guarantee sale at seventy eight cents per thousand gallons it's about eight five thousand dollars a year. The twenty year total for that is around a million seven. A million seven we realize is less than your one year non-capital costs for your Water Department now. Your twenty year revenue from this is going to be less than what you spend one year now for non-capital cost. It doesn't make it non-valuable but it's not a big impact you've got to decide how much you are willing to spend to get that. Your total revenue from the whole contract as it was proposed today is less than this years 1998 total water budget including capital items. The full value of this contract over a twenty year period is less than Queensbury's one year budget. Moreau will end up using at their guarantee level of purchase will be a nine percent user of Queensbury's production. They will immediately receive the economy of scale benefit equal to a thousand percent of their own volume. We use ten times more than they do so they get a thousand percent benefit from the volume we're getting a ten percent value of volume from the increase sale. In addition to that both Queensbury and Moreau would benefit from Queensbury's future growth. Both Queensbury and Moreau would benefit from future sales that Queensbury makes to other municipalities. As I see it the debate now centers on how big an additional investment Queensbury is willing to make to achieve a two and a half percent decrease in the cost of water to its typical residential customer that now pays two dollars and fifty cents. The biggest savings that can be achieved over the next. . . .is we calculate at six cents which would bring the cost down to two forty four which is about two and a half cents. As a matter of perspective that's what you have to gain on it and I'm asking you to look at it very carefully at what you have to invest to get that. SUPERVISOR CHAMPAGNE-I guess when I saw this for the first time this afternoon the reduction where we were at fifty cents a thousand and they backed that off to forty cents and they applied the twenty five cents a thousand between the three hundred and the six hundred thousand gallons that is if there is any consumption over and beyond that three hundred. As I first looked at this to be very honest with you Harry I kind of got the notion that it certainly isn't in the best interest of Queensbury to consider this one. I think going back and I've spent some time further discussing this with Ted and Dick I haven't had the opportunity to talk with Pliney or Doug as this point. There may be some hope still going back to that original contract where we were at fifty cents if we use that as a multiplier we applied part of that to the five hundred and thirty thousand dollars for financing that over twenty year period for your second half million buy-in. Then if we apply another portion of that to some of the other infrastructure that the Town is going to have to put in place that to me we could come out of this thing over a twenty year amortization of the project and we would be whole. The Town of Queensbury could sit back and say here is a savings and that savings would be as soon as we start pumping the three hundred thousand gallons to Moreau. Our cost of production at the plant from what I understand from Mr. Van Dusen would be reducing our cost at about eight four cents a thousand and it would back off to somewhere in the neighborhood of around seventy eight. Now that savings alone and that production cost would amount to about sixty two thousand dollars a year. If we take the fifty cents per thousand apply it to our cost and then if you look at the sixty two thousand and in order to balance that out over the course of twenty years this has been my argument from day one with the previous board, if you take about eight five hundred dollars of that sixty two over the course of twenty years you would then more than pay for as I said the amortization of that five hundred and thirty thousand dollars plus the infrastructure cost that would be Queensbury's responsibility. That procedure would work and work well for both communities. I've had a conversation with Audit and Control certainly we had their blessing it is well within that margin. I guess what I look for if we're going to talk inter municipal cooperation if we're going to work with our neighbors to the south we've got a fifteen million gallon a day plant. If this plant can grow basically to thirty million gallons and we can reduce the cost of water in Queensbury from eighty four cents a thousand once we start pumping thirty if we ever do get there we've got water coming out of that plant at about twenty four cents a thousand that's a major major savings. Ifwe cut the deal that will be a future. If we don't cut the deal Queensbury is going to operate a fifteen million gallon a day plant for ever and ever at a cost that exceeds certainly the average throughout the State and even on the high side. Our water is not cheap water in any sense of the word. It just makes sense to me that if we can cover our costs over a twenty year period we certainly have made. .. and we our where we need to be. SUPERVISOR GUTHEIL-I think it depends on how fast a rate of return you want on the investment that you do have to make. It's a capital project it is dam hard to get a return on an investment of thirty percent each year for three years. I think if it is capitalized over a longer period of time I think the numbers could work. Moreau is interested in buying water from Queensbury because it is going to be a regional concept. I think the greatest thing can happen if you start putting out fifteen million gallons a day and some day go to thirty million gallons a day. I think the only way it is going to happen is if you start selling water and you start getting contracts with municipalities maybe we'll be the catalyst we'll help make that happen. I think based on one of your most recent proposal the one to come out in January we're a hundred and sixty five thousand dollars apart. For the amount of money that Queensbury has invested and the idle capacity that you've got and the potential for even more it just doesn't seem like that should be the stumbling block that we can't get through to reach an agreement. I think it's there, I think it should be there. Our engineers are telling us what the value of this contract is and if their numbers are correct, I've got no reason to doubt them the guarantee value the present worth is two point two million on the three hundred thousand gallons a day and the total payments of three point two million. Two and a half cents a thousand gallons doesn't sound like an awful lot, but multiply that times the number of users you've got, times the millions of gallons that they'll put out, that they'll buy in a year, and then multiply that times twenty or forty years it becomes a more noticeable number then two and a half cents a thousand gallons. In reality we're talking about ten cents a thousand gallons difference right now it doesn't sound like a lot it comes out to numbers and how long you want to take to get a return on your investment. I think everybody's intentions are right we just got to get over this hurdle of where we're at and I'd like to do it by Thursday if we can. COUNCILMAN MERRILL-Harry, I think your proposal is pretty much the same as our last proposal except fifty cents went to forty cents. Our fifty cents was designed to cover our costs in terms of river crossing. If you are a developer coming into Queensbury you have to pay to put in water. Our users pay an advalorem cost for the water pipe going by their house. We're trying to treat Moreau the same way we would treat a citizens of Queensbury. There is no profit built into this we're not out to make a profit we're selling at cost. SUPERVISOR GUTHEIL-Ifyou calculate the ten cents a thousand gallons that's two hundred and seven thousand dollars guaranteed. If you add the other two hundred and seventeen thousand dollars on the surcharge the twenty five cent surcharge I think that comes out to more than the river crossing. COUNCILMAN MERRILL-That's not a guarantee we've got to go with a guarantee of three hundred thousand that's the way I'm looking at it. There should be some upside and we're going to have to invest more. SUPERVISOR GUTHEIL-We figured there some...here with the proposal the way it was because if we start using six hundred thousand gallons a day in the early years well then we're paying more up front so to speak. But by the same token without the cap the last proposal you brought we could of been paying, I forget the numbers it could have been an awful lot over twelve years. COUNCILMAN MERRILL-And we recognize that and that's why we agreed to the cap. I thought we had a pretty good agreement here. My concern is that it withstand the test of the citizens of Queensbury that we are selling water to them and to you at an equitable price. That's where we're coming from there is no profit building we're dealing with cost. SUPERVISOR GUTHEIL-I appreciate your concern in that regard. We've gone out of our way to be sure our engineers can show us and hopefully you'll see that the benefits of the total value of the contract. We really believe that those numbers are somewhere between two and four million dollars to Queensbury. CONTROLLER, MR. HESS-Let's throw one other thing. When we talk about the cost of water and whether it is ten cents difference at no proposal that has been on the table including the one we're dealing with today would Moreau ever pay more for water than any Queensbury resident pays for water, that was the whole point of equity in the contract when it started that Moreau would pay as much as Queensbury and not pay more. At the highest proposal that's been on the table it has always been in within that limit. Anything that you pay less than that will be paying less than Queensbury pays for the water. SUPERVISOR GUTHEIL-I understand that. COUNCILMAN BULMAN-Henry back in November, I think the Town Board was at splitting the river crossing and we were going to share the maintenance. We've told you we would take care of the maintenance you drop that nickel. Something we're all forgetting about here the twenty five cents kicks in at over three hundred thousand gallons a day. Right now we're using two eighty. We've got an empty industrial park which we can only fill or get more customers. I do feel and I know it is speculation, but I feel in a short period of time we're definitely going to be over the three hundred gallons per day so that quarter is going to kick in. COUNCILMAN MERRILL-That's not a guarantee that's the point I've been making all along. COUNCILMAN IRISH-That quarter is capped at two hundred seventeen once you reach that figure that's all. If you do it in the first you don't pay it again. COUNCILMAN BULMAN-Right. The money is worth more up front because you guys can use it to pay off your debt or whatever you have that you want to use that money for. Also what Henry had said earlier about if Queensbury gets bigger it's going to help the residents of Moreau and Queensbury vice versa if Moreau gets bigger it's going to help all of us I wanted to point that out. We have a lot of potential for growth you can see what Wilton is doing pretty soon Wilton is going to run out of land and if it comes any further north the Town of Moreau we're all going to benefit. People that read the paper back in September, October, I was a big advocate of negotiating with Queensbury. You people had the vision seventeen years ago or more to build this plant I didn't see the sense in building one right across the river. I think we need more municipal people to work together to keep the cost down for the people we want this to work and we're within a dime. COUNCILMAN TUCKER-Mr. Chairman, was I the only guy at the meeting February 12th was that when we met both boards. I was naive enough to come away from that meeting thinking we had a contract. Then I get a memorandum from Mr. Gutheil they had agreed to pay for the water the line across the river. I get a memorandum from him his board voted not to pay for only half of it. COUNCILMAN BULMAN-Pliney just remember there was only three of us there in all respect to Harry there were two board members that weren't there. There is a little bit of a problem because of what was going to be done. Actually the contract you people were proposing back in November was better for Moreau than the one now. I feel we're close, I agree with Harry I don't think we should turn away I feel we've got to try to do something with this dime. SUPERVISOR CHAMPAGNE-And you are right Larry. The one we had in November, December, at the closing of the ninety seven year was a fifty cent base by down of the half of million gallons of water that's what that fifty cents was there for. Then there was a five cent transmission fee that was it. I can say that I'm still supportive of that I'm not so sure that the rest of the board is fully supported of that. Now you've taken that fifty cents you've backed it off to forty then your total two hundred and thirty five thousand with the best of times becomes two hundred and seventeen so I'm losing ground now rather than try to maintain. SUPERVISOR GUTHEIL-But you added a quarter that wasn't in there before. I think the last time we met I'm not sure, but wasn't that when Pliney was there that's when Henry was going to go back and rework the numbers and that's where you come up with the twelve years. CONTROLLER, MR. HESS-It's a lot easier to talk about the dime if it is on the other side of the guarantee on the bottom side of the guarantee it can't be done. On the top side of the guarantee then I have something to work with. COUNCILMAN MERRILL-Harry just looking at the numbers here I see the original at a dollar forty one. Then we worked it to a dollar thirty three then we got involved here and worked it to a dollar twenty eight. That's why it was a surprised to have it come in with another ten cents off it's kind of discouraging. SUPERVISOR GUTHEIL-We've dropped it but we're adding on more of a charge between the three hundred and six hundred thousand gallons. Before there was no charges after three hundred thousand gallons right. COUNCILMAN MERRILL-What I'm trying to do is to make sure that we've cover our costs. It would a lot easier if we had some profit built into this we got to make sure that we cover costs. SUPERVISOR GUTHEIL-Didn't you in fact have in excess of twelve thousand dollars a year into the fifty cents? SUPERVISOR CHAMPAGNE-After paying down the five thirty. SUPERVISOR GUTHEIL-Over the debt service..... SUPERVISOR CHAMPAGNE-You can take those numbers I think that's been one of our problems. Ifwe had stuck with that original number we may have a deal today, but we take the numbers and slide them around. All our concern is obviously is that the Town of Queensbury comes out of this thing whole. That there is no cost on behalf of the water users to support what's happening in Moreau. If you want to break the fifty cents down into the five hundred and thirty thousand that's going to be amortized over twenty years, I think Henry has told me it takes thirty and a half cents, thirty nine and a half cents. That other ten and a half cents obviously would go for other infrastructure, river crossing. The argument right now that you and I are having if we wanted to put it up in lights or send up a sky writer is to say who is going to pay for the river crossing. You are right there was a day when Queensbury had looked at that and said, yeah we have an obligation in this Town to take water. If we're going to sell a commodity or a product we ought to take it to the buyer and the buyer happens to be at the center of the river. We were going to support those costs with that fifty cents, plus five cent transmission charge plus, as I said that sixty two thousand dollar savings annually as a result of the three hundred thousand additional gallons being produced. That was the theory behind that original contract and that worked over twenty years, that worked. Now we've got some different folks with some different strokes and that's where we are. COUNCILMAN MERRILL-That cost Fred as I read it was a dollar forty one. SUPERIVISOR CHAMPAGNE-I thought it was a dollar twenty eight. COUNCILMAN TURNER-A dollar forty one. COUNCILMAN MERRILL-Where I'm coming from as a citizen of Queensbury if I want to start a development I doubt if the Town of Queensbury would pay to bring the water to my development with no cost. So we're talking fairness here that's my concern that we treat Moreau the same as we treat a developer in Queensbury that's why we've got to protect our cost. COUNCILMAN BULMAN-It isn't going to do any of us any good if the County or Moreau or someone builds another plant over there. We've got the one plant you guys have made it big enough, bigger than what you need at this point in time. We're going to get this five million dollar, once we buy into Queensbury you guys got us. We're with you guys there is no turning back. Also we're all going to benefit from this and then you get a deal worked out with Queensbury maybe Glens Falls down the road it's going to be great for everybody it's definitely the way to go. Fred said it earlier twenty nine cents or less or thirty cents per thousand gallons that would be great. Things are suppose to go up in price over the years where do you ever hear of deflation like that down the road. I think it's great I don't think we should be getting into fighting with one another to sell water to people. What about splitting the dime? SUPERVISOR GUTHEIL-I wish we could give some guarantees of more than three hundred thousand gallons a day but we can't right now. I think it goes without saying there is going to be some growth over there. SUPERVISOR CHAMPAGNE-How can we put an escalator clause in the contract that says, it is this much if you reach this level. When you become a major user we get the six hundred thousand gallons now you are a party to be concerned with. Again, three hundred thousand and we talked, I checked my notes and we started this January 17th, 1997 so we've been at this for a while. We should of had it signed by July that's what we should of done we would of had the deal. You're right if we had a hundred and sixty five thousand dollars up front right now it would payoff that river crossing and everybody would go away smiling. That hundred and sixty five thousand dollars is in there whether we can get some kind of a grant. Whether we can get a revolving loan that would cut our cost if we could cut the cost of our bonding right now which is at about five seven five, Henry? CONTROLLER, MR. HESS-Five two five. SUPERVISOR CHAMPAGNE-Those numbers could make a major difference in terms of what your actual cost are going to be. I certainly would be one to continue to struggle with this it's been a struggle, but I think we're within a fraction here of making it work. SUPERVISOR GUTHEIL-I felt that way that's why we're here we're hoping we can make that work. If there is some new angle if there is a way you people can see where we can make it work. COUNCILMAN MERRILL-We definitely want to make it work Harry, but I'm just surprised, you know we've been working to bear costs. I can't comment on this tonight because suddenly you've taken out another ten cents so something isn't being covered and I'm not sure what. SUPERVISOR GUTHEIL-It's back to that same hundred and sixty five thousand dollars I think is, what it is, it's probably what the numbers would come out at based on that. COUNCILMAN MERRILL-I feel very uncomfortable going in on a favored position giving Moreau a favored position that you would not give to somebody else. We got to cover our costs that's basically where I'm coming frorn. SUPERVISOR GUTHEIL-I understand that. I do think over a period of time you are going to get more than your cost back. COUNCILMAN MERRILL-We hope so. SUPERVISOR GUTHEIL-There is no question there is two to four million dollars there. I think in over four years hopefully you have a tremendous amount more than that. If we were to happen to. . . water too somebody to the south of us it could be even greater. CONTROLLER, MR. HESS-Let me just say again. I don't want to hound on this but we can never get more than our cost back because we're selling water at cost. You can't get more than our cost back we can play the word game but we're selling water at cost a formula is a cost base formula. SUPERVISOR GUTHEIL-But you can bring your cost down by having this economy of scale. You can bring it down from eight cents down to thirty cents. CONTROLLER, MR. HESS-That's different. SUPERVISOR GUTHEIL- That's the big picture that we're looking at. We're trying to get that started for you and get us water. COUNCILMAN MERRILL-The other part is the plant buy-in. Our customer buy-in through an advalorem tax so it is no different than anyone of our users they all have a piece of the action. SUPERVISOR GUTHEIL-We're not objecting to buy-in we are willing to pay that buy-in. COUNCILMAN MERRILL-I don't think there has been any issue on that so we need to keep that separate from the actual cost of producing and supplying. COUNCILMAN TUCKER-From a business point of view all the maybes that are being talked about in this contract are not worth a dime, not worth a dime. Anybody that's a businessman knows when you sign a contract if you are going to make any money that's when you are going to make it, if you are going to balance things out that's when you are going to make it. It isn't going to be on down the road maybe because this guy is going to have you do two jobs instead of one. COUNCILMAN MERRILL-I think we're awfully close here. I think what we need to do is let Henry do the numbers. COUNCILMAN TUCKER-Will every board member have privy to the numbers? Or will we have a deal put together like the two hundred and seventeen dollars done by Fred and you and Henry? COUNCILMAN MERRILL-The whole board will look at it. COUNCILMAN TUCKER-Okay. SUPERVISOR CHAMPAGNE-That two seventeen came in this afternoon at three o'clock. They came in this afternoon to discuss it and he called me and said he would be here this evening it's open discussion. COUNCILMAN TUCKER-What was the figure that was sent? CONTROLLER, MR. HESS-Pliney's talking about the one we did a weekend ago. What I can do tomorrow morning let me take the numbers. I can't offer you much hope in taking ten cents below the line, but I can take some money above the line and maybe restructure that in a way the reason is we have to deal with the guarantees. The guarantees are the three hundred thousand dollars and there is not much I can do about that. What happens above that if you want to smooth that out over a longer period we can look at those guarantees and see if they are realistic to see if there is a way we can rejustify those. I don't think it will affect the fifty cents it might affect the quarter. SUPERVISOR GUTHEIL-Is there some way we can get together and try and resolve this by Thursday? COUNCILMAN TUCKER-I don't think so. CONTROLLER, MR. HESS-I'll have my work done by noon tomorrow. COUNCILMAN BULMAN-What about splitting the dime and ending this thing? COUNCILMAN IRISH-Larry, I don't think we're going to do anything tonight not with that proposal not without Henry going through it in all honesty. CONTROLLER, MR. HESS-You are talking about raising the forty to forty five? COUNCILMAN BULMAN-No. CONTROLLER, MR. HESS-If you wanted to take the twenty five down to twenty that's easier to do, I think I can probably put that together quickly. The fifty has to go back to fifty. SUPERVISOR CHAMPAGNE-I almost think so. I just don't see any other way out of the fifty that was in there in day one. COUNCILMAN BULMAN-So wasn't the river crossing. COUNCILMAN IRISH-That's still in there. COUNCILMAN BULMAN-Yeah, I know now we bear the whole cost. SUPERVISOR CHAMPAGNE-No you don't. COUNCILMAN IRISH-You were bearing it before you just didn't see the way they were spreading the money out. COUNCILMAN BULMAN-I wasn't there Doug I was with you knocking on doors. CONTROLLER, MR. HESS-If it's a cost it's in there. COUNCILMAN MERRILL-Seriously take a look at the cost history on this thing, I think we've been more than generous really. SUPERVISOR GUTHEIL-IfHenry has those numbers is there some way we can meet tomorrow afternoon or at least get something to us? SUPERVISOR CHAMPAGNE-You got your board ready to meet tomorrow afternoon? SUPERVISOR GUTHEIL-I'll call a special meeting. If we think we can make something work I'll call a special meeting. SUPERVISOR CHAMPAGNE-We've been hammering at this thing a little over a year ago and where we are right now I almost think it's going to take us more than forty eight hours to put all the pieces together to your satisfaction that's what we're trying to do now. You have asked us to come back, and back, and come back this is really the first time we've seen real numbers that you folks are willing to vote on. I think that this board needs the privilege to kind of spend a little time with it. This same meeting that we've been talking here has been postponed since I can remember when. Maybe you'll get another postponement March 5th. You can go down there with a conceptual agreement that everybody on both sides of the aisle here are trying to work towards completing this deal. I guess, personally I wouldn't feel comfortable coming back to you with this kind of a proposal because we're further apart tonight than we were yesterday to be honest with you, I feel that way. COUNCILMAN MERRILL-I think we were there on the thirteenth of February. COUNCILMAN TUCKER-Was it the thirteenth I didn't even have the date right. SUPERVISOR GUTHEIL-We thought we were, I think all of us had the same indication when we left here things were going to work out. Then we realized when it came up to twelve years and the amount of money if we had an early user come on how much we could of had into that. SUPERVISOR CHAMPAGNE-What do you see as being the change in that piece. Let's leave the fifty where we were on the thirteenth leave the fifty there what do you want with that twenty five? SUPERVISOR GUTHEIL-I haven't thought of it that way, but I'll gladly calculate it out tonight. Probably the same thing that Henry is talking about doing and if that's the way we can make it work it is fine with me. COUNCILMAN MERRILL-I think if it goes to forty five and then we restructure that Henry something might come in right? CONTROLLER, MR. HESS-No. The reason I'm telling you no because that is the only guarantee portion. COUNCILMAN IRISH-Harry you mentioned again about the twenty five cents in the twelve years. If you have a big user come on with the cap that was built in that surcharge would of stopped when that hit that two hundred, what was it? CONTROLLER, MR. HESS-There is a window between five and twelve years that it can be reached. COUNCILMAN IRISH-So at any point in that five to twelve years you could of hit it. It wouldn't of kept going once you hit that one point. SUPERVISOR GUTHEIL-Yeah. COUNCILMAN IRISH-Is it the amount of the money or the length of the time? SUPERVISOR GUTHEIL-I think I was trying to answer Pliney's question that night when we thought things would work out until we calculated what we would have without that cap in there that was the flaw that we saw in that. I think your intentions were to cap it I assumed I didn't know all of you didn't know that. Were you aware of the two hundred and seventeen thousand dollar cap? COUNCILMAN IRISH-I talked to Henry the next morning when he was putting it together. COUNCILMAN BULMAN-That night we didn't know. SUPERVISOR GUTHEIL-That night none of us knew that. COUNCILMAN IRISH-That was your concern you wanted it capped because you didn't want to pay that forever. CONTROLLER, MR. HESS-We left it that night saying it is going to be somewhere between a certain number and a certain number of years, but we didn't know where it was. SUPERVISOR CHAMPAGNE-That's the message you left him with. SUPERVISOR GUTHEIL-What do you have in mind? Are you thinking along twenty cents instead of a quarter? COUNCILMAN IRISH-Henry would have to do the numbers on it. CONTROLLER, MR. HESS-How about if we were to do, I'm not putting numbers together but just for structure. What if you were to go a fifteen between three and four, and twenty between four and five, twenty five between five and six and calculate out something like that? SUPERVISOR GUTHEIL-I'm more than willing to look at it. SUPERVISOR CHAMPAGNE-I think that there is some adjustment within that twenty five cents. CONTROLLER, MR. HESS-It's all risk. That is Queensbury's risk they may not get a dime of it. COUNCILMAN TUCKER-What does that do to the cost of water to Moreau? Are they going to be paying less than I'm paying if you jerk around with a quarter? CONTROLLER, MR. HESS-That quarter is iffy anyway. That was a shared success ratio if you will to recover some of the infrastructure costs that Queensbury. . . . . . that was to cover some of the cost that the board was willing to gamble with, risk with. SUPERVISOR CHAMPAGNE-The piece that we may end of taking a bite out of is that savings if you will the difference again in the cost of water today verses the cost of water when the three hundred thousand gallons start pumping. As I said earlier that's a sixty two thousand dollar savings in operation and maintenance, Ralph is that correct? WATER SUPERINTENDENT, MR. VANDUSEN-Correct. SUPERVISOR GUTHEIL-That goes to a hundred and fifteen thousand dollars... ... SUPERVISOR CHAMPAGNE-Wait a minute don't confuse me. That six hundred is over here maybe. What I'm saying what's in our pocket right now is at sixty two thousand dollars. If I apply a piece of that sixty two like eight five hundred annually to that debt then we have paid for the river crossing. Queensbury is absolutely free whole got every nickel back that they invested in along with five point two five interest. CONTROLLER, MR. HESS-They are getting back but not from Moreau. They get a portion of it back from the Queensbury water users. COUNCILMAN IRISH-That's what we're trying to avoid. CONTROLLER, MR. HESS-But that's what that does. SUPERVISOR CHAMPAGNE-That's the difference in the thinking..... COUNCILMAN IRISH-Then we're supplying the major part of this. If they are not going to pay what were paymg. SUPERVISOR GUTHEIL-Henry, if we sign other users on and everybody else comes on..... COUNCILMAN IRISH-You still need to pay your fair share Harry that's what the whole thing is about. SUPERVISOR GUTHEIL-And we want to pay our fair share. COUNCILMAN IRISH-He is giving you the numbers that we need for you to be paying your fair share. CONTROLLER, MR. HESS-We're talking about two different issues. I think we're talking about taking that quarter and restructuring it in a way that Harry might feel more comfortable with it which is really not related to talking the six thousand dollars. If I can look at that quarter again and come to something you feel comfortable with I think we can do it. COUNCILMAN MERRILL-If you look at that quarter and the forty five it would add up to fifty, okay you are going to reduce the quarter leave the fifty. CONTROLLER, MR. HESS-Reduce that quarter and stretch it and that's where I have to play with it. COUNCILMAN TUCKER-A quarter is maybe? CONTROLLER, MR. HESS-It always has been. COUNCILMAN TUCKER-Why don't we just throw it out then? CONTROLLER, MR. HESS-No. COUNCILMAN TUCKER-Why? SUPERVISOR GUTHEIL-Throw it out and we can sign tonight. COUNCILMAN TUCKER-That quarter is nothing there is no guarantee period. CONTROLLER, MR. HESS-There is one guarantee Pliney if you don't put it in there you'll never get any of it that's a guarantee. COUNCILMAN TUCKER-If we don't ever get any of it how does the thing balance out overall? CONTROLLER, MR. HESS-I don't have that whole file with me, but I have that in the file. It is information we have shared before and I'll share that with you again tomorrow if you want. SUPERVISOR CHAMPAGNE-When this deal is done that's why it's premature between now and Thursday to try and cut it, when this deal is done we're going to show every dime that goes out of the Queensbury Water Department. Every dime whether it is usage money or avaloreum or tax money. Every dime that is going to go out and every dime that's coming in that will be long before we sign an agreement. We'll have a public hearing and the public will be totally aware of where we're coming out of. COUNCILMAN TUCKER-It seems kind of crazy to sit here and bat our heads against a quarter that maybe we'll get, maybe. COUNCILMAN IRISH-If it is not in there and they go over three hundred thousand you won't get it. COUNCILMAN TUCKER-Why is it a problem for them? COUNCILMAN BULMAN-The quarters not the problem we're just breaking it up differently so we're not paying it all initially. We don't have a problem paying the quarter Henry talking about breaking it up the quarter. CONTROLLER, MR. HESS-It has a lower impact at the bottom and maybe a higher impact at the top. COUNCILMAN TUCKER-If we get it. COUNCILMAN BULMAN-You are going to get it. CONTROLLER, MR. HESS-I can't erase the "if' that was agreed on. SUPERVISOR GUTHEIL-We can't guarantee what the growth will be but I don't think it is totally fair to sit there and assume that there will be zero growth. That's basically what some of you are telling me there is going to be zero growth. COUNCILMAN IRISH-I think everybody here assumes you are going to grow. SUPERVISOR GUTHEIL-Okay. COUNCILMAN IRISH-What we know you are only contracting for three hundred thousand gallons. SUPERVISOR GUTHEIL-Exactly. We're not buying a million gallons in capacity and paying for it thinking that that's all we're going to use is three hundred thousand gallons. SUPERVISOR CHAMP AGNE- That's a good point Harry. SUPERVISOR GUTHEIL-We're not asking you for an option for another million gallons thinking that we're only going to buy three hundred thousand gallons. We've got to be realistic we're paying for a sixteen inch river crossing because we want two million gallons of water to be able to flow through that pipe not three hundred thousand gallons. We're trying to act in good faith here I know you people are doing what you feel is right hopefully we can get over this last hurdle. COUNCILMAN MERRILL-I think we'll get there we'll make it, but we've got to let Henry crank the numbers. SUPERVISOR GUTHEIL-I do appreciate your effort so far. I know both sides have made some concessions just trying to work it out so it will work in everybody's best interest. That's the only way it will really work if your happy and all your users are. COUNCILMAN MERRILL-Fred what sort offollow-up do we have? SUPERVISOR CHAMPAGNE-I think the follow-up is going to be when Henry takes a look at that quarter to see how he can adjust it putting it on a sliding scale an escalator and see how the numbers work out. I understand we can't have a special meeting between now and Thursday. COUNCILMAN MERRILL-But you could give copies to all of us. SUPERVISOR GUTHEIL-Ifyou get the numbers out and everything looks fine and you get them to us I'll poll our board and if it looks good to you people then we could probably call a special meeting. COUNCILMAN MERRILL-I guess, I'll ask Henry to break out the savings how it looks to Queensbury so that we can sell it to our constituents. SUPERVISOR GUTHEIL-Okay, thank you. SUPERVISOR CHAMPAGNE-Thank you. TOWN BOARD WORKSHOP CONTROLLER, MR. HESS-Spoke to the board regarding collision insurance regarding employees of the Town using their own vehicles for Town business. Noted there is no policy that deals with paying claims or practice that is used noting this needs to be addressed. Questioned if the Town should indemnify employees for a deductible or to a pre-describe limit when they do take their vehicle out on Town business. SUPERVISOR CHAMPAGNE-Asked for Mr. Hess recommendation. CONTROLLER, MR. HESS-Has spoken with consultant and agent for the Town looked at the possible scenarios, it would be reasonable to indenmify employees for proven accidents up to the amount of their deductible up to a pre-describe limit, five hundred dollars. We would pay that out of town funds rather than insure that risk. COUNCILMAN IRISH-Noted the limit is the key. Thinks five hundred dollars is fair noting he doesn't think it should be a five hundred dollar check. CONTROLLER, MR. HESS-It would run just like an insurance clairn. It is the deductible up to five hundred is what he is proposing. COUNCILMAN IRISH-Noted he thinks that is fair. COUNCILMAN TUCKER-Questioned how many employees use their own vehicle to do Town business? CONTROLLER, MR. HESS-Probably three or four a day. SUPERVISOR CHAMPAGNE-Noted he wants to make sure legally there is no come back with our involvement with that in policy. COUNCILMAN IRISH-Questioned if there would be anything with IRS? TOWN COUNSEL, MR. SCHACHNER-Would have to check on the IRS regarding the income issue. CONTROLLER, MR. HESS-To draft resolution for future meeting. ATTORNEY MATTERS COUNCILMAN MERRILL-Asked counsel for update on Sandy Bay Buoy Location. TOWN COUNSEL, MR. SCHACHNER-Noted the concern was that the last Local Law or Local Ordinance at the Town level that we were aware of when we were here a month or so ago as far as establishing the speed limit in Sandy Bay appeared to be a 1987 amendment that established an 1800 foot distance for that speed limit, distance from shore. The concern was that it seemed not to be consistent with the State Law Provision restricting the maximum distance to 1500 feet. After further research it turns out when the Town in 1991 adopted the entire Code there was a series of amendments one of those amendments in 1991, in fact through Local Law NO.6 was the correction or modification of that distance to the 1500 foot distance which is the proper distance limitation under New York State Law. The only, at this point that remains is to make sure the buoys are in the right place at the 1500 feet. Spoke with Leroy Rider at DEC, he is of the opinion that the buoys in Sandy Bay have actually been put out 1500 feet and that the markers are 1500 feet, has indicated they will check that again when they are put in this coming season. Will confirm this request in writing on the Towns behalf. OPEN FORUM ROGER BOOR, QUEENSBURY-Spoke to the board regarding letter from Michael J. Novak, Clerk of the Court regarding Fuller Road. Recommended board members contacting Mr. Novak asking him if the Town decides not to pursue this and the Rowlands' continue it what kind of jeopardy would they be in. JOHN SALVADOR, QUEENSBURY -Questioned if the citizens of the Town of Moreau are on water meters at this time and will they continue to be? SUPERVISOR GUTHEIL-Yes. MR. SALVADOR-Questioned if they totaled this to get to the two hundred eighty thousand gallons? COUNCILMAN BULMAN-The town will have a meter and they are going to have a meter. SUPERVISOR GUTHEIL-Noted there will be a master meter on the Queensbury side. MR. SALVADOR -Noted they could easily go over two hundred and eighty thousand gallons if you haven't incorporated other uses. COUNCILMAN BUlLMAN-There are days they do go over three hundred thousand gallons the average is two hundred and eighty. MR. SALVADOR-Asked that in accordance with Dave Hatin's recommendation he address the Town Public Health Board with regard to his septic variance and have the requirement that the New York State Board of Health not be required to approve that variance. SUPERVISOR CHAMPAGNE-Noted this is under discussion. There is some information that has come back from counsel they are taking that into consideration hopefully a decision will be made prior to the next meeting. MR. SALVADOR -Noted he will not be here for the next meeting asked if this could put on the first meeting in April. SUPERVISOR CHAMPAGNE-Doesn't have a problem with it. Recommended waiting to deal with all variances at that time, asked counsel for his recommendation. TOWN COUNSEL, MR. SCHACHNER-Doesn't see any problem with trying to resolve Mr. Salvador request not sure what he means regarding all requests. SUPERVISOR CHAMPAGNE-Noted the request for Mr. Morse. TOWN COUNSEL, MR. SCHACHNER-Received request from Mr. Morse Attorney that this be held on the March 16th meeting. SUPERVISOR CHAMPAGNE-To take a look at this will hold Mr. Salvador's request until the first meeting in April. MR. SALVADOR-Read letter regarding septic variances. Submitted copy of letter to board members. Asked board members to take letter into consideration regarding the Morse application. Spoke to the board regarding the Comprehensive Land Use Plan noting Councilman Merrill indicated upon completion of work of the present Comprehensive Planning Committee the plan will be presented to the Town Board for its review and then the citizens for their review before adopting it. In this regards thinks Councilman Merrill's letter to the applicant on behalf of the work they were doing is premature. COUNCILMAN MERRILL-Questioned which letter Mr. Salvador was referring too? MR. SALVADOR-The one mentioned tonight. COUNCILMAN MERRILL-The February 1996, that was in response to a request from Mr. Lemery, wrote a reply to him with the blessing of the committee the committee approved that. MR. SALVADOR-Noted the letter doesn't have the blessing of the Town Board. COUNCILMAN MERRILL-It is recognized as such. MR. SALVADOR-Noted it doesn't have the input from whatever input the citizens will give to the final plan thinks this should be recognized. COUNCILMAN MERRILL-Noted it is a letter of record it is available to the public. MR. SALVADOR-Spoke to the board regarding having someone from the Planning Board serve on the Comprehensive Land Use Committee noting they should have Planning Board input. Spoke to the board regarding the Highway Superintendent Town Board Committee. Read to the board the State Highway Law Section 10. Noted on March 24th at Adirondack Community College there is a program being held by the State titled; Town Board and Highway Superintendent Roles and Responsibilities. Spoke to the board regarding a visit from Dave Hatin and John Goralski he received on August 29th noting someone had reported a possible failed septic system on his premises. Spoke to the board asking to have the DunlIam's Bay Road Improvement put on for workshop. Presented to board sample of water after DunlIam's Bay Road had been sanded and salted. Presented bottle of water from culvert pipe that goes into the lake. Spoke to the board regarding February 13th article in paper regarding cutting motel tax assessment. BARBARA BENNETT-Spoke to the board regarding the mild winter and Highway budget asked if there was money left in the budget could it be transferred to a needy cause before it is spent. SUPERVISOR CHAMPAGNE-When you fund the highway department as a separate entity whatever the budget is when the Town Board approves it is what's in his budget to spend. Noted there could be a fund balance if he doesn't spend it all and that could come back in the general fund. MRS. BENNETT-Questioned if the contract for the employees has gone through? SUPERVISOR CHAMPAGNE-Still in finaL.. ..it will be in the paper when finalized. GILBERT BOEHM-Under the impression that there is a separate budget for the snow removal? COUNCILMAN TUCKER-There is. MR. BOEHM-Questioned if he could dipped into that unless its used for snow removal? SUPERVISOR CHAMPAGNE-Noted somewhere there was a time frame when you had to start and stop. Tracked this back through Highway Law could not find anything in the law that subscribed to certain times when you had to start and stop. His understanding now is that you can take summer maintenance and apply it to winter just as you can take winter funds and apply it to summer. It's a January to December budget and that's how it is applied. CONTROLLER, MR. HESS-It is really an accounting function. His labor, equipment, supplies are all budgeted in the appropriate account codes. It is an accounting function we account for what he spends for snow, but he has a discretion to use it where he needs it. MR. BOEHM-Noted the citizens are not very happy with the way the highway funds are used and controlled. Asked the board when testing will take place with the computers for the year 2000. CONTROLLER, MR. HESS-The internal software used is current just replaced everything with new software. All other software is lease software from various vendors getting letters of insurance from all of them that it complies. The critical software all complies now noting he has letters of insurance that they solved the 2000 problem. LAURIE MATUSZCAK-Spoke to the board regarding the condition of her road, noting the road has now been graded. Asked the board if she lived in a subdivision in the Town of Queensbury and was constructing a house in the subdivision is it true to gain a certificate of occupancy she would have to have a road built and paved to Town regulations before she received her certificate of occupancy? SUPERVISOR CHAMPAGNE-Correct. MRS. MATUSZCAK-Noted there are two sets of rules one rule for the Town and one rule for the contractors with subdivisions in Town. SUPERVISOR CHAMPAGNE-Noted the contractor puts the road in. COUNCILMAN TURNER-Noted the subdivider puts the road in not the Town at their costs. MRS. MATUSZCAK-Presented pictures to board regarding road. Noted she doesn't want to go through another winter like this one. Questioned if her road is going to stay a dirt road? SUPERVISOR CHAMPAGNE-Will be looking at it. DENNIS BROWER, QUEENSBURY-Spoke to the board regarding the water issue noting the board is following a great course of action in trying to treat Moreau residents exactly like Queensbury residents. Congratulated board members and Mr. Hess on their work with the contract encourage the board to stay the course. Spoke to the board regarding the proposal to remove the fencing around Million Dollar Beach in Lake George. Spoke to the board regarding Gurney Lane noting during his campaign noted citizens expressed their discontent with being charged to use the facility at Gurney Lane asked the board to look into this. COUNCILMAN TUCKER-Noted if they cannot afford it they will not be charged. SUPERVISOR CHAMPAGNE-Asked Mr. Brower to take message to Recreation Commission meet with them and make it known. MR. SALVADOR-Spoke to the board regarding the system used to obtain pass for Gurney Lane. Questioned if the dirt road is a Town road. TOWN BOARD-Yes. MR. SALVADOR-Noted there is nothing saying that a Town road has to be paved, but they have to be in a safe and operable condition. Asked the Supervisor to give Section 10 of the Highway Law a test. SUPERVISOR CHAMPAGNE-Noted it is a Ward Four problem. COUNCILMAN TUCKER-Noted just before the blacktop ends their is a subdivision there isn't a house in it and there hasn't been a house in it and the Town paved that subdivision. It was established when it was the Town's job to pave the road it was paved in 1993. MR. SALVADOR-Spoke to the board regarding a settlement of a tax assessment case regarding motel in the Town of Lake George, read article to board members. OPEN FORUM CLOSED RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 94. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel issue Chris Round, Fuller Road, Queensbury Forest. Duly adopted this 2nd day of March, 1998, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 95. 98 INTRODUCED BY: Mr. Douglas Irish 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 2nd day of March, 1998, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None Absent:None RESOLUTION APPOINTING CHRISTOPHER ROUND AS ZONING ADMINISTRATOR AND EXECUTIVE DIRECTOR OF PLANNING, ZONING AND CODE ENFORCEMENT RESOLUTION NO. 96.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by Town Board Resolution No. 233.1997, the Town Board of the Town of Queensbury appointed John Goralski to the previously established positions of Executive Director of Planning, Zoning and Code Enforcement and Zoning Administrator, and WHEREAS, Mr. Goralski recently resigned from these positions effective March 3rd, 1998 and therefore the Town Board of the Town of Queensbury wishes to appoint a new Executive DirectorlZoning Administrator, and WHEREAS, the Town Board of the Town of Queensbury posted availability for the position, reviewed resumes and interviewed interested candidates, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Christopher Round to the position of Executive Director of Planning, Zoning and Code Enforcement and Zoning Administrator with his term to begin Tuesday, March 3rd, 1998 at a salary of $45,000 per annum, and BE IT FURTHER, RESOLVED, that Christopher Round shall be eligible for permanent appointment to the Executive DirectorlZoning Administrator position subject to a six month probation period, and BE IT FURTHER, RESOLVED, that the Town Supervisor's Office is hereby authorized and directed to complete such forms as may be required by Civil Service concerning the appointment of Mr. Round to the position of Executive DirectorlZoning Administrator. Duly adopted this 2nd day of March, 1998 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 97. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 2nd day of March, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None Absent:None On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury