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1998-03-23 SPECIAL TOWN BOARD MEETING MARCH 23, 1998 6:00 P.M. MTG.#ll RES. 98-124 BOH 5-7 BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Richard Merrill Councilman Theodore Turner Councilman Douglas Irish Councilman Pliney Tucker TOWN COUNSEL Mark Schachner TOWN OFFICIALS Highway Superintendent, Paul Naylor Water Superintendent, Ralph VanDusen Henry Hess, Controller Chris Round, Executive Director of Community Development PRESS: Post Star RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 98, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to conduct interviews. Duly adopted this 23rd 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 RECONVENE RESOLUTION NO.: 99, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session. Duly adopted this 23rd day of March, 1998, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None Regular Session 7:00 P.M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TUCKER Supervisor Champagne called meeting to order... read the following resolutions into the record: RESOLUTION OF SORROW RESOLUTION NO.: 100,98 INTRODUCED BY THE ENTIRE TOWN BOARD WHEREAS, the members of the Queensbury Town Board and the Town employees were deeply saddened upon learning of the death of Queensbury's employee, John W. Johnson, and WHEREAS, John W. Johnson of 50 Homestead Village, Queensbury, has been working in the Highway Department of the Town of Queensbury for nearly 30 years, and WHEREAS, John W. Johnson was a very well liked individual among his peers at work, and WHEREAS, John W. Johnson was professional, understanding and diligent in his role on behalf of this municipality and was a valuable asset to this community, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Queensbury wishes to express its sympathy to the family and friends of John W. Johnson of Queensbury on his passing. GIVEN under the SEAL of the Town of Queensbury this 23rd day of March in the year one thousand nine hundred and ninety eight. AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION OF SORROW RESOLUTION NO.: 101,98 INTRODUCED BY THE ENTIRE TOWN BOARD WHEREAS, the members of the Queensbury Town Board were deeply saddened upon learning of the death of Queensbury's Town Court Attendant, Walter C. Donovan, and WHEREAS, Walter C. Donovan of 31 Cottage Hill Road, Queensbury, has been the Queensbury Court Attendant for 10 years, and WHEREAS, Walter C. Donovan has been involved in a number of community activities including, the Elks Club, Ancient Order of Hibernians, Knights of Columbus, American Legion, and the Veterans of Foreign Wars, and WHEREAS, Walter C. Donovan was professional, understanding and diligent in his role on behalf of this municipality and was a valuable asset to this community, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Queensbury wishes to express its sympathy to the family of Walter C. Donovan of Queensbury on his passing. GIVEN under the SEAL of the Town of Queensbury this 23rd day of March in the year one thousand nine hundred and ninety eight. AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 102, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and enters as the Queensbury Board of Health. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT None Queensbury Board of Health RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR RICHARD SCHERMERHORN BOARD OF HEALTH RESOLUTION NO.: 5,98 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 April 6th, 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 23rd day of March, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR MYRNA TABOR BOARD OF HEALTH RESOLUTION NO.: 6, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Myrna Tabor has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be a five feet (5') distance between the absorption field and the property line in lieu of the required ten feet (10') distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on April 6th, 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 Myrna Tabor to allow a five feet (5') distance between the absorption field and the property line in lieu of the required ten feet (10') distance on property situated at 39 Park View Avenue, Town of Queensbury, New York, and bearing Tax Map No.: 101-5-20 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 five-hundred feet (500') 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 23rd day of March, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ADJOURN QUEENBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 7, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT None REGULAR SESSION Correspondence Deputy Town Clerk Barber read the following into the record: To: Town Board From: Paul H. Naylor I have recently received a request from a taxpayer within the Town of Queensbury that a speed limit sign lower than 55 MPH be placed on Fuller Road. At the present time there is no sign posted. If you have any questions or concerns please do not hesitate to contact me. Town Board held discussion, agreed to have resolution prepared for next Regular Board meeting. Councilmen's Committee Reports Councilman Turner noted that the construction of the building at the cemetery is not finished yet... hopefully the next meeting at the first of the month it will be done, there's just a few items outstanding. Councilman Irish referred to a meeting held on March 5th with himself, Councilman Turner and Queensbury Central and noted that the fire company would like to see the town change the language in the contract to provide that the money the town gives to the fire department can be used to purchase the vehicle for the fire chief.... it would be the recommendation of the committee that the town approve that change in the contract to allow them to purchase the chiefs vehicles with town money... there's three members present tonight. Supervisor Champagne recommended that the members give their presentation during open forurn. Open Forum (Resolutions) 7:17 P.M. Mr. John Salvador, Queensbury referred to Resolution 6.6 on the agenda, noted the final appropriations for the project was $140,600 and questioned how that amount compares with what it might have cost if the town had an independent contractor do the work? Councilman Turner-We won't know that because we didn't bid it out. Mr. Salvador-When we started this project, I believe it was estimated to cost about $70,000. Supervisor Champagne-Correct, and the issue after we went back and determined where that difference in the dollars were, we discovered that the lower portion, there were two portions that were going to be done in drainage. There was a lower portion that was in that neighborhood of seventy thousand dollars and then the second half of that roadway which is coming down the hill, that was going to be carried on top of the surface. Once we got into that we discovered that we had a problem with that type of drainage on top of the surface so we had to go the full length of the road with underground drainage. That's the additional cost for that roadway. Mr. Salvador-A major change in scope that resulted in doubling the cost of the project, that's not an insignificant change. My point is, if you do this sort of work while you have drawings and specifications and competitive bidding, you can hold the supplier to his bid providing you don't change the scope and if you do change the scope you know exactly what you're doing with regard to the change and there's some kind of control. Mr. Dennis Brower, Queensbury referred to Resolution 6.3 on the agenda and noted concern that it was setting a dangerous precedent and could get out of hand. Supervisor Champagne-If there are town vehicles available, that's what they use but if there isn't and they have to use their own car to do a bank run for example, we think that we have an obligation. Mr. Hess, Controller-The point I'd like to make, there's two things being said. One, is it fair to the employees to ask them to subject their own vehicle to risk and I think we believe it's not. But the same thing is, would it get out of hand and that comes under my office's jurisdiction to make sure that when an accident claim does come in that it falls into this category that we have a police report or some reasonable justification to verify that the damage was done on town business and it falls within their deductible. Supervisor Champagne-This is the first time in my four years here that we've experienced a situation where a gentleman was delivering a summons, it was an icy, icy day getting up a hill of a driveway, the car did in fact skid backwards and ended up along side of a tree and did some damage to the vehicle. The question is, should we pay that deductible or should we not pay that deductible. Mr. Brower-I'm questioning whether you should set a policy or look at each case individually. I really have a problem with this. Councilman Irish-You have to understand that it only covers employee's vehicles that I have collision on it, it's only to cover the deductible. Mr. Hess, Controller-Cover the deductible up to five hundred dollars Resolutions 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. 103, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill 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 6th day of April, 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 23rd day 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 TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER ENTITLED, "APPEARANCE TICKETS" RESOLUTION NO. 104, 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 6th day of April, 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 23rd 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 POLICY FOR REIMBURSEMENT OF DAMAGE COSTS TO TOWN EMPLOYEES' VEHICLES WHEN VEHICLES ARE USED FOR AUTHORIZED AND REIMBURSABLE TOWN BUSINESS RESOLUTION NO.: 105,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to adopt a policy whereby the Town of Queensbury will reimburse Town employees for damages insurable under the employee's personal collision insurance policy, sustained by the employee's personal vehicle while the employee is using the vehicle for properly authorized and reimbursable Town business, and WHEREAS, the Town Board wishes to limit reimbursement for damage to the amount of the employee's collision insurance deductible, up to a maximum of $500, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts a policy whereby the Town of Queensbury will reimburse Town employees for damages insurable under the employee's personal collision insurance policy, sustained by the employee's personal vehicle while the employee is using the vehicle for properly authorized and reimbursable Town business, said reimbursement to be limited to the amount of the employee's collision insurance deductible up to a maximum of $500, and BE IT FURTHER, RESOLVED, that any Town employee requesting reimbursement for damages shall submit a genuine estimate for the damage to the Town Controller's Office, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to furnish all Town employees with a copy of this Resolution and to take such other and further steps that may be necessary to effectuate this reimbursement policy. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None Discussion Before Vote: Councilman Irish-This is only to cover their deductible up to five hundred dollars, I don't want comp claims and liability claims coming in. Counsel Schachner-Recommended removing the word comprehensive where applicable throughout the resolution. Board agreed, vote taken. RESOLUTION ADOPTING SAFETY INITIATIVE POLICY AND AUTHORIZING TOWN SAFETY COMMITTEE RESOLUTION NO.: 106,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Controller and Facilities Manager previously met with Michael Plunkett of Cool Insuring Agency, Inc., to develop a draft Safety Initiative Policy to increase safety awareness among Town employees, and WHEREAS, the draft Safety Initiative Policy provides the initial framework for development of an employee run Safety Committee, which Committee will finalize the Safety Initiative Policy, and WHEREAS, the Town Board of the Town of Queensbury wishes to adopt the draft Safety Initiative Policy presented at this meeting so that an employee run Safety Committee may be established, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts the draft Safety Initiative Policy presented at this meeting and further authorizes and directs the Town Controller and/or Facilities Manager to select a Town Safety Committee to finalize the Safety Initiative Policy and increase safety awareness for all Town Employees, and BE IT FURTHER, RESOLVED, that the Town Safety Committee shall furnish the Town Board for its approval, a final copy of the Safety Initiative Policy. Duly adopted this 23rd 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.: 107,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill 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: From Account To Account To Amount From Amount 01-1990-1002 01-1110-1062 274.19 2,195.93 01-1110-1212 454.14 01-1110-1212-0002 513.16 01-1110-1720 267.68 01-1220-1050 31.47 01-1345-1150 90.00 01-1420-1890 142.37 01-3410-1630 34.89 01-7110-1400 157.08 01-7110-1460 112.04 01-7110-1470 115.34 01-7510-1621 3.57 40-8340-1580 40-8310-1490 18,678.03 10,000.00 40-8340-1560 8,000.00 40-8340-1570 678.03 Duly adopted this 23rd of March, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING FINAL APPROPRIATIONS, CLOSURE OF SWEET ROAD CAPITAL PROJECT FUND #109, AND FINAL PAYMENT TO NACE ENGINEERING RESOLUTION NO.: 108,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, all work to be paid from the Sweet Road Capital Project (Fund #109) has been completed and therefore the Town Controller's Office has recommended that Fund #109 be closed, and WHEREAS, the remaining work to be done on Sweet Road will be paid out of the Town's Highway Fund, and WHEREAS, the Town Board of the Town of Queensbury desires to set final appropriations for the project at $140,600., and WHEREAS, Nace Engineering has completed services related to the Sweet Road Capital Project and costs for such services exceed the amount provided in Resolution No. 216.97 by $2,075., and WHEREAS, the Town Board of the Town of Queensbury desires to pay Nace Engineering's final invoice for the Project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby sets final appropriations for the Project at $140,600., and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury approves the additional expenditure to Nace Engineering in the amount of $2,075., and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the Sweet Road Capital Project (Fund #109) be closed and the remaining funds be transferred to the General Fund, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to make all necessary transfers, adjustments and payments. Duly adopted this 23rd 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 CONCERNING PROPOSED EXTENSIONS TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT FOR THE SURREY FILEDS SUBDIVISION EXTENSION AND THE THUNDERBIRD DRIVE EXTENSION RESOLUTION NO. 109,98 (RESOLUTION HELD) INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill Town Board held discussion, agreed to hold resolution until later in the meeting after discussing the water extension buy in costs with the Water Superintendent, Mr. VanDusen. RESOLUTION TO PROCLAIM GRANGE WEEK RESOLUTION NO.: 109,98 INTRODUCED BY THE ENTIRE TOWN BOARD WHEREAS, the GRANGE serves as a binding hand of friendship and each member that joins the Order enters on an equal basis, and WHEREAS, the GRANGE shares resources, talents and skills in providing leadership in the community, state and nation, and WHEREAS, the GRANGE has always met together, talked together and worked together for harmony, goodwill and brotherhood, and WHEREAS, the GRANGE wants to continue being a leader in agriculture, community and family affairs, and WHEREAS, the GRANGE holds high its motto: "In essentials Unity, in non-essentials Liberty, and in all things Charity," and believes in the American Way of Life. NOW, THEREFORE, BE IT RESOLVED, that I, Fred Champagne, Town Supervisor of the Town of Queensbury, on behalf of the Town Board, do hereby proclaim the period from March 22nd through March 28th nineteen hundred and ninety-eight, as GRANGE WEEK, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury offers its congratulations and appreciation to MOHICAN GRANGE #1300 which has completed 85 years of service to the citizens of the Town of Queensbury. GIVEN under the SEAL of the Town of Queensbury this 23rd day of March in the year one thousand nine hundred and ninety eight. AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING MEMBERS TO HIGHWAY COMMITTEE RESOLUTION NO.: 110,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, pursuant to New York State Town Law, the Town Supervisor may create Committees and appoint members to those Committees to assist the Town Board in the performance of its duties, and WHEREAS, the Town Supervisor wishes to appoint two Councilmen to the previously created Highway Committee, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor hereby appoints Councilman Theodore Turner as Chairman and Councilman Richard Merrill as member to serve on the Highway Committee during the year 1998. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Champagne NOES Mr. Tucker, Mr. Irish ABSENT: None Discussion Before Vote: Councilman lrish-I object to the members of the committee as they're named here for two reasons. Ted Turner has a couple of relatives that worked for the Highway Department. Councilman Turner-No I don't. Councilman Irish-Okay, well then that's not a reason. The other reason, a little more important then that one to me, Ted served on the Highway Committee in the last two years or three years and there is still issues that seemed to be unresolved with the Highway Superintendent and I don't know that it's going to be a good idea to appoint a member back to that committee and I would volunteer to take his place. Supervisor Champagne-As the Supervisor, this resolution is probably out of context. It's the Supervisor's prerogative to assign town committees and I've done that and if you want to vote on this, that's fine. If you don't want to vote on it, it will still stand. (vote taken) RESOLUTION TO ACCEPT BIDS FOR PURCHASE OF LOADER, DUMP TRUCK AND TRAILER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. Ill, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Director of Purchasing for the Town of Queensbury duly advertised for the purchase of the following items for use in the Town Highway Department: LOne (1) 1999 Heavy Duty Tandem Dump Truck With Plow, Wing and All Necessary Hydraulics and Attachments; 2.0ne (1) 1998 Four Wheel Drive Loader; and 3.0ne (1) 199840 Ton Hydraulic Traveling Tri-Axle Trailer; as more specifically identified in bid documents and specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Paul H. Naylor, Town Highway Superintendent, has recommended that the Town Board award the bids to the lowest respective bidder for each item, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bids as follows: LOne (1) 1999 Heavy Duty Tandem Dump Truck With Plow, Wing and All Necessary Hydraulics and Attachments to H.L. Gage Sales, Inc. for the amount of $119,946.00; 2.0ne (1) 1998 Four Wheel Drive Loader to Abele Tractor and Equipment for the amount of $97,900.00; and 3.0ne (1) 199840 Ton Hydraulic Traveling Tri-Axle Trailer to Lucky's Trailer Sales, Inc. for the amount of $49,995.00; and BE IT FURTHER, RESOLVED, that said items are to be paid for from Highway Department Account No. 004-5130- 2040 and from the proceeds of a Bond Anticipation Note and/or a Serial Bond that item # 1 above is expected to be paid for as may be authorized in a future Bond Resolution. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Champagne NOES Mr. Irish, Mr. Tucker ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY UJ. LIMITED PARTNERSHIP RESOLUTION NO.: 112,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, UJ. Limited Partnership has commenced an Article 7 real property assessment review case against the Town of Queensbury for the 1997 assessment year, and WHEREAS, the Town Board of the Town of Queensbury has reviewed this case with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 case against the Town of Queensbury by U J. Limited Partnership in accordance with the following revised assessment value: Tax Map No.: Tax Year: New Assessment: 150-1-14.2 1997 $ 116,300.00 and BE IT FURTHER, RESOLVED, that the settlement shall be with a refund to be paid by the Town, except that the refund shall be paid without interest, and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION RETAINING SURVEYING SERVICES OF VAN DUSEN & STEVES FOR SURVEYING IN AREA OF QUEENSBURY FOREST RESOLUTION NO.: 113,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury wishes to retain a surveying firm to survey the area between Sherman Avenue and Luzerne Road to provide the Town with the actual elevation difference between the Sherman Avenue area particularly that area south of Queensbury Forest, through the pole lines heading south to Luzerne Road and verify the existing location and elevation of the storm water structures existing on Luzerne Road, and WHEREAS, VanDusen & Steves has offered to provide these surveying services for an amount not to exceed $1,600, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of VanDusen & Steves to provide the surveying services referenced above, and BE IT FURTHER, RESOLVED, that expenditures shall be paid for from the appropriate account. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None Discussion Before Vote: Mr. Hess, Controller recommended that the contract reflect the resolution as it refers to the amount, not to exceed sixteen hundred dollars... board agreed. (vote taken) RESOLUTION EXPRESSING OPPOSITION TO DREDGING OF HUDSON RIVER RESOLUTION NO.: 114,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the United States Environmental Protection Agency is reassessing its 1984 decision not to dredge the upper Hudson River to remove buried sediment containing PCBs, and WHEREAS, the EP A has recently released a report that suggests the Agency may be preparing to reverse its position and order dredging, and WHEREAS, the Town of Queensbury derives its drinking water for its citizens directly from the Hudson River, and WHEREAS, the Town of Queensbury has the utmost concern for the health, welfare and safety of its citizens, and WHEREAS, a PCB dredge and landfill project would have significant, long term adverse environmental, economic and social consequences for the Town of Queensbury and for other communities, and WHEREAS, approximately 50 other communities have passed Resolutions opposing the dredge and landfill project, and WHEREAS, the Town Board of the Town of Queensbury finds there is no demonstrated environmental benefit to a dredge and landfill project on the Hudson River and many unmitigated long term negative environmental, economic and social consequences affecting the region would result, and WHEREAS, the Town of Queensbury finds that a dredge and landfill project would not be in the best interests of the citizens of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby expresses its opposition to the Hudson River remediation measure that involves dredge and landfill efforts of any kind, hereby transmits notice of such opposition in writing to the U. S. Environmental Protection Agency and such other local, state and national officials having an interest in the proposed project. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION IN SUPPORT OF ADIRONDACK ASSOCIATION OF TOWNS AND VILLAGES' RECOMMENDATIONS REGARDING ADIRONDACK PARK AGENCY COMMISSIONERS RESOLUTION NO.: 115,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Commissioners of the Adirondack Park Agency make numerous decisions that affect the quality of life in the Adirondack Park, and WHEREAS, periodic replacements are made of the Commissioners due to a variety of factors, and WHEREAS, the Adirondack Association of Towns and Villages, representing local governments within the Adirondack Park, should rightfully have the opportunity to recommend to the Governor and the Senate a list of potential Commissioners that the AA TV has considered and approved, NOW, THEREFORE, BE IT RESOLVED, that the Executive Committee of the AA TV be charged with the responsibility of developing a list of potential candidates for appointment to the Adirondack Park Agency and this list be provided to each member Town and Village in good standing for their vote on each potential candidate individually, such vote to be returned to the Executive Director within 30 days, and BE IT FURTHER RESOLVED, that when candidates receive a majority vote of the AA TV membership responding with a minimum of 35 towns and villages to constitute a quorum, they shall be included in the AA TV recommendations to the Governor and Senate for AP A Commissioner consideration, and BE IT FURTHER RESOLVED, that an additional option for the AA TV membership on potential candidates be provided that they have no position and charge the Executive Committee with the responsibility of voting in their best interest. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION CREATING POSITION OF COMPUTER TECHNOLOGY COORDINATOR AND APPOINTING WILLIAM SHAW TO POSITION RESOLUTION NO. 116, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury wishes to establish the full-time position of Computer Technology Coordinator in accordance with the Warren County Department of Personnel's job description adopted on February 23, 1998, and WHEREAS, the Town Controller's Office posted availability for the position, reviewed resumes, interviewed interested candidates and has now made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the position of Computer Technology Coordinator, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury concurs with the Town Controller's Office's recommendation and hereby appoints William Shaw to fill the Computer Technology Coordinator position on a probationary, part-time basis (approximately 15 hours per week) subject to Civil Service exam requirements if required, effective March 24th, 1998 at an hourly rate of $10, and BE IT FURTHER, RESOLVED, that after Mr. Shaw completes his Associates Degree program, the Town Board will review Mr. Shaw's performance and make a recommendation concerning Mr. Shaw's appointment to the Computer Technology Coordinator position on a permanent, full-time basis, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor's Office to complete the necessary forms required by Civil Service concerning the appointment of Mr. Shaw to the position of Computer Technology Coordinator, and BE IT FURTHER, RESOLVED, that the hourly wages for this position shall be paid from the appropriate Town of Queensbury Payroll Account. Duly adopted this 23rd 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 FREE TIRE DISPOSAL ON MAY 2, 1998, REDUCING CHARGE FOR COMPOST MATERIAL DISPOSAL AND GRANTING SMALL AMOUNTS OF COMPOST MATERIAL TO TOWN RESIDENTS AT TOWN OF QUEENSBURY TRANSFER STATION(S) RESOLUTION NO.: 117,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury previously set rates for tire and compost material disposal at the two (2) Town of Queensbury Transfer Stations, and WHEREAS, James Coughlin, Solid Waste Facilities Operator, has recommended that the Town Board of the Town of Queensbury authorize free disposal of tires for one day only, May 2nd, 1998 at the Town's two Transfer Stations, and permanently reduce the charge for disposal of compost material for Town of Queensbury residents at the Ridge Road Transfer Station, and WHEREAS, Mr. Coughlin has also recommended that the Town Board authorize him to give small amounts of compost material to Town residents for their home use, and WHEREAS, the Town Board of the Town of Queensbury concurs with Mr. Coughlin's recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs James Coughlin, Solid Waste Facilities Operator, to eliminate the charge for tire disposal (up to four (4) tires only per family) for one day only, May 2, 1998 at the Town of Queensbury's two Transfer Stations and to permanently reduce the charge for compost material disposal from $4 per load to $2 per load at the Ridge Road Transfer Station, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes Mr. Coughlin to give small amounts of compost material to Town residents for their home use. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SUPPORTING GRANT APPLICATION TO THE LAKE CHAMPLAIN PARTNERSHIP PROGRAM TO DEVELOP CITIZENS GUIDE AND BEST PRACTICES MANUAL FOR STORMW ATER MANAGEMENT RESOLUTION NO.: 118,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury believes that stormwater management is critical for the health and protection of Lake George, and that for any non-point source program to succeed, grass roots citizen support is necessary, and WHEREAS, a partnership has been formed to develop a Citizens Guide and Best Management Practices Manual that can be used to assist individuals plan for and undertake stormwater management efforts, and WHEREAS, funding for this Manual may be available by a grant from the Lake Champlain Partnership Program, and WHEREAS, the Lake George Park Commission has offered to coordinate the grant application process, and WHEREAS, the Town Board of the Town of Queensbury wishes to adopt a resolution to show its support of the Town's participation in the partnership applying for grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby supports and authorizes the Town of Queensbury's participation in preparation of a grant application to the Lake Champlain Partnership Program to develop a Citizens Guide and Best Practices Manual concerning stormwater management. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None Discussion Before Vote: Councilman Merrill-This is a resolution in support of a grant application that's being made to the Lake Champlain Partnership for forty-five hundred dollars. There's no match required although in the proposal they're showing some in kind service match for the time we'll be putting on it and this project is a result primarily of the efforts from Queensbury and it's been quite well received. The purpose is to develop a manual of best practices for stormwater control that would then serve as a basis for a central regulatory procedure that could be adopted by the local town versus separate regulations that would be administered by the Lake George Park Commission. We're trying to maintain local control and it looks like we have a source of funding here to make this happen. (vote taken) Planned Discussions 7:55 P.M. Old Business Moreau Water Supervisor Champagne noted, we don't really have anything further to add so we'll move on. Buoy Locations in Sandy Bay Supervisor Champagne referred to letter from Mr. Schachner noting, this will confirm our conversations with you on behalf of the Town of Queensbury agreeing that the department will take whatever steps that are required to ensure that the marker, buoys in Sandy Bay are placed fifteen hundred feet from the shore as provided by the town code. Councilman Merrill-That's as far out as they can go by New York State Law. Counsel Schachner-Correct, there was some confusion as to what the town code actually provided for and it turns out that in fact it provided for fifteen hundred feet. Other Business Councilman Irish-Since Paul is here maybe we can go back to the town signs on his car and a list of repair work for the highways. Mr. Paul Naylor, Highway Superintendent-I'll discuss it with the new Highway Committee. New Business Glens Falls Request for Town Water (Outline Memo on file in Town Clerk's Office) Mr. VanDusen, Water Superintendent-Just as a little background information, the City of Glens Falls and the Town of Queensbury last year came to an agreement on an interconnection behind the Aviation Mall that would provide temporary water service either from Queensbury to Glens Falls or from Glens Falls back to Queensbury. That connection will be installed at some point this spring. The agreement was that the city would provide the materials and the town would provide the labor to make a connection. The city has come to the town in attempt to begin discussions on a contract that would enable water to transfer from one community to the other. It became very important to the city, as I'm sure you know the city lost their avoidance criteria from a filtration mandate. They are in the process of trying to seek that back. What the city is asking for, the state to give them their avoidance back, if the water quality or water level in their reservoirs drops to a certain level, that would trigger a mechanism that would force the city to get water from somewhere else and somewhere else would be Queensbury or one of their other reservoirs. Depending on the weather, depending on their water consumption, a twelve month period might go by and they would purchase no water whatsoever. If it was hot and dry, they might buy water for every day for two weeks or three weeks or four or whatever. The city is not particularly anxious right now to enter into a long term agreement that would require a capital investment because we can't supply all of their water right now with our current plant expansion. If they get the avoidance criteria back then they will supply their own water except for those emergency situations. When Henry and I discussed it, it kind of seemed to make sense if we could come up with a relatively short term concept that would enable us to sell water to the city and to take advantage of some of the capacity that we currently have. Keep in mind the plant is rated for fifteen million gallons a day. Queensbury's needs over the next twenty years will probably be in the range often or eleven million gallons a day. An average day last year for us was around three and a half million gallons and a peak day was just over nine million. So a buffer is available on day one. Our concept was, was to be able to sell some of that buffer that we've got that's there, establish a five year contract with the city at a reasonable rate that might help us to sell some of that capacity that we have at the present time. The city is looking for a peak of two and half million gallons a day. Within that five year period, I would propose as a contract, we certainly have that amount available right now to us. There were a couple of things I felt that we should address when we discuss with the city some inequities occur. Currently the city is paying taxes on a portion of their land that's in the Town of Queensbury they pay taxes to the water district and therefore they're, I think reasonably entitled to be treated somewhat similar to other people within our water district that are also paying taxes. Because of the volume they are potentially buying, if you look at our current metered structure, within the second day they would be at what we call our bulk rate. I would propose in our contract we just immediately start right off at that bulk rate of ninety- five cents per thousand gallons. I think because they pay taxes, that would be something that they should be entitled to. I know the city is discussing the possibility of trying to take that property out of the town. That would mean they would not pay taxes and in my opinion, it would be treated entirely different just like other communities that we've dealt with. So I think that's, I'll call it a bone that we can throw them because they are currently paying taxes within a district. Because we currently have the volume available I didn't see any need for a minimum purchase to guarantee that. Other customers that we have within the district, we don't require a minimum purchase from them and I think we should include the city in the same category. Currently the city sells water to some of the residents in the town. In the Reservoir Park area is one. Fort Amherst is another. Up along West Mountain Road is a third. Their current policy is that they're charging the Queensbury residents double what they charge the city residents. I'd like to see them, if we're treating the city like our residents, I'd like to see the city treat our residents the same as theirs' and go back to just a single rate. I think that's a very reasonable thing to ask for. The third thing would just be, if the situation were to occur that we needed to water, we had a problem and needed to buy water from the city I would propose just to make life easy, we would pay the same rate to the city that they've been paying us, the ninety-five cents. You never know, I mean in the last twenty years, that situation has not occurred so I don't think it's going to be a huge amount of water but a meter would be installed, it would register in either direction. I would request from the board, hopefully the board has had time to read this since Henry has sent it out and the board would set up a mechanism for Queensbury to talk to Glens Falls. This offer has not been made to anyone at all. It's for discussion purposes tonight. It's our goal, the logical progression is that some offer, whether it's this one or a modified version of this is extended to the city to take the next step in negotiations. My recommendation would be that the board authorize Henry and myself and whoever from the board that wants to be involved, to begin discussions with Glens Falls based on this information. Town Board held discussion, agreed it would be appropriate to endorse and pass on to the city. Water Extension - Buy in Costs Mr. VanDusen, Water Superintendent-Over the past several years there have been various extensions of the Queensbury Consolidated Water District. Our Town Code requires that a sub-divider within a couple thousand feet within an existing water district must apply to the town to extend the district to include that. Surrey Fields falls into that category, it's just north of us on Bay Road. Throughout the years when Paul Dusek was the Town Attorney, he created a formula that took into consideration the value of the infrastructure to get the water from the treatment plant to a particular subdivision. Well if the subdivision is immediately adjacent to the plant, that calculation becomes relatively simple. When it's on the opposite end of town, to determine which pipes water flows through and what percent might go to that subdivision requires a great deal of work with a hydraulic model and quite honestly is not cost effective to bother with that. During the last few years, we've had subdivisions pay as high as nine hundred dollars a lot as a buy in on the existing infrastructure. We've had subdivisions pay as little as zero dollars per lot as a buy in on the infrastructure. Councilman Tucker-What was the reason for that? Mr. VanDusen, Water Superintendent-I don't know, I was not involved in it at that time. There was no quote, official policy, each board kind of did what they seemed appropriate. The concept of paying a buy in on the infrastructure from my standpoint, current taxpayers within the existing water district are in the process of paying for the treatment plant, water lines, storage tanks and that sort of thing. At any given time, there might be money that's owed on it but there's a net worth, the current value minus any indebtedness. The buy in would address that net worth that the people of our district have been paying over the years. I've done some calculations, I think something in the range of a hundred dollars per lot is very justifiable when you take into consideration the value of water lines that are in the ground, of storage tanks that are available and treatment plant capability. If the Town Board chooses to adopt a policy, I think we should establish a check list. That anyone that wants to do an extension of the water district you just hand them a check list, here's the steps you go through. I've been dealing with Bob Hafner on that check list of exactly, to make sure it meets the legal requirements, and I think we just add in a section that buy in per lot is a hundred bucks or whatever you decide that you want to do and from day one, there's no confusion, no misunderstanding, the developer knows right a way, here's what's going to be involved. That would be a fee from the developer to the Queensbury Consolidated Water District. Quite often when a sub-divider puts in an extension like is happening up here in Surrey Fields, he may need sayan eight inch water line to get it from here into his subdivision but our master plan for hydraulic modeling of our system may be that we want a twelve inch line. Well, in some cases we have paid, the water district has paid the developer the difference in cost between what an eight inch and a twelve inch would cost. In some cases, the developer has been asked to just pay that cost of the twelve inch himself. I think we also need to standardize that. I think we need to determine what size is necessary for the subdivision, take a look at our overall model and where we need to improve our system and let the water district pay the difference in cost for that, for future development and improving the hydraulics within the town. I feel very strongly, if we do nothing else, we need to be consistent from one developer to another, from one project to another and hopefully from one board to another board. I'm here tonight just to request that the board consider that. I realize we have a little bit of a problem or potentially a problem with an existing project that's going on, specifically Surrey Fields that this project is somewhere, they've started but they haven't finished, they're somewhere in between. I have not discussed with them any buy in because there is no policy as it stands right now. Their plans show that they're planning on putting in a twelve inch water line which is what we would request the extension up Bay Road. I think we need to set a policy. I'm not sure we need to do it tonight, if you want to give it all the thought you want. I think you could make a reasonable case to say that, in the case of Surrey Fields, if they're willing to put in a twelve inch pipe at their expense and not have a buy in at this, that we take our time and make sure that this buy in concept is exactly what we're looking for, something that's going to last more then just a few months or a couple of years. Supervisor Champagne-Ralph, from our discussion and from what you've recommended here and that hundred dollar fee, it seems to me that I'm ready certainly accept that number as a buy in across the board, whether you're building next to the plant or whether you're building over on East Podunk. I would have no problem tonight recommending to the board that we standardize a hundred dollar buy in fee for that lot development for the water plant buy in, it's capital cost and that should be paid up front. Mr. VanDusen, Water Superintendent-The only addition I would recommend to that is that we leave the option available for ourselves, if our hydraulic planning within our system calls for a larger pipe then the developer needs, I think it's very reasonable that the district pay that additional cost. Supervisor Champagne-I agree with that. The only other concern I guess that I would have with it, at the present time there's a five hundred dollar recreation fee per lot upon CO, I believe. I would even propose that we reduce that five hundred dollar recreation fee by a hundred dollars and make it a part of that total five hundred dollar cost. Councilman Tucker-I'd like to talk about this in workshop. Councilman Merrill-I would feel comfortable making a decision tonight so that we would have a policy in place for Surrey Fields. Supervisor Champagne-I guess I would want to know the numbers. Mr. VanDusen, Water Superintendent-If the plan, as we've discussed it was adopted today, the town would owe him money. In other words, the difference in cost for the pipe is going to be more then the buy in. Councilman Tucker-There's a lot more to this then just setting a fee, there's a lot of things that ought to be talked about here. Mr. VanDusen, Water Superintendent-I don't want to confuse the issue but I want to make one other point to make sure that you're aware of it. Included within this is a very small extension on Thunderbird Drive. There's a single lot, a customer that has been served by contract as an outside the district customer and our contract with them stipulates that at the next time there's a district extension that his property would be incorporated within the existing water district. When we served that, the water line ended immediately adjacent to this person's property. Actually, he owned two parcels, one was in the water district, one was out. It turned out his house was not in the district so just by running a tap from the existing main to his home, he's served by water. There was really no, he had been paying taxes with the one lot for being in the district. My own personal feeling is that that might be a little different case as far as for a buy in goes then a district, a larger district extension. So we may want to put a minimum lot size as to what would trigger the buy in. Or we may not, I don't know but it's something you want to consider. Town Board agreed to continue discussions at a workshop to be scheduled for Monday, March 30th. Town Board Workshop W.G.F. Water District Consolidation with Queensbury Consolidated Water District Mr. VanDusen, Water Superintendent-We've talked about for years maintenance problems with the West Glens Falls Water District and the lack of funding to be able to do those. Over the years most of the water districts that were practical to do so have been consolidated into the Queensbury Consolidated Water District. The big advantage of that is, right now, any work that we do outside the consolidated district a separate work order is done, a separate billing is done basically to balance the books between these water districts. Something as simple as plowing a fire hydrant. You need to keep track of which hydrant you're plowing on which street to make sure it gets billed to the proper district. It's a real pain in the neck from an operational standpoint and for some of the tasks, the bookkeeping costs as much as the work itself. I think it's time for us to consider consolidating West Glens Falls into the Queensbury District. The net effect the tax rate to the West Glens Falls District will decrease slightly if we consolidate. The tax rate in the Queensbury District would stay exactly the same if we consolidate. The metered rate in West Glens Falls is exactly the same as the metered rate in Queensbury so there would be no change there whatsoever. What we would propose is that each year within our capital budget that we start addressing the aging infrastructure of what is now the West Glens Falls Water District. We could easily fit that in within our budgeted items and capital and just develop a multiyear plan to take care of that infrastructure and the operational problems that that's causing. So my recommendation is that the attorney would start the procedure necessary for us to consolidate. Councilman Tucker-The only thing is, there's major improvements that have to be made in this water district, do you have any idea how much it's going to cost? Mr. VanDusen, Water Superintendent-If you were to do every one of those improvements today, the estimated cost is approximately three hundred thousand dollars. Now, we don't recommend that they're all done today. Part of it, for instance is, there's an eight inch line on Main Street. Common sense tells me Main Street is going to be torn up in the next five years or so, then that's the time to do that no matter who pays for it. Councilman Tucker-I'm wondering how the taxpayers are going to feel about taking on this financial burden, the ones in the consolidated district now. Mr. VanDusen, Water Superintendent-From the infrastructure standpoint, some money is going to have to be spent over the next five or six years. Over the next twenty, it's the additional tax base and customer base that's going to effect the economy of scale to all users whether it's from metered revenue or tax base. Councilman Irish-The water users in the consolidated district don't get any benefit from the West Glens Falls district? Mr. VanDusen, Water Superintendent-Right now, West Glens Falls is treated as a single customer and we're selling them water at a, quote bulk rate. Councilman Tucker-But if we take them in, the consolidated district is going to take on the burden of the improvements in that district. Mr. VanDusen, Water Superintendent-When we consolidate, we'll take on the burden of the operation and maintenance and whatever improvements are necessary. You'll take on the benefits of the increased tax base. Supervisor Champagne-Pliney, what you're saying is we're taking on a three hundred thousand dollar liability as far as the upgrading is concerned. We've been unsuccessful in getting the grants. We're at a point right now where something is got to be done with that district. Just for fire protection alone, we just don't have the pressure out there to adequately cover that area. To burden that small district with the upgrade, to me would be a financial disaster because number one, you really don't have the value, you don't have the assessed value within that district to do an awful lot with it. As I look at it, you've got two choices. One is, you envelope them in and spread the base. Or number two, to put a twenty year bond on a three hundred thousand dollar project within that small very low assessed valued area would be an extreme burden. Mr. VanDusen, Water Superintendent-We've spent at least five or six years applying for grants and to be very honest, we've had no luck. When some other water districts have been consolidated there's been a debt that that district had and that debt became a portion of the debt of the Queensbury Consolidated. Today, West Glens Falls does not have a debt. Councilman Tucker requested the attorney get approval from Division of Audit and Control before moving forward... board agreed. Route 254 Traffic Light Synchronization Supervisor Champagne pulled discussion noting there's no more information from DOT. Paul Abess Request to Represent Town for Property Easements Supervisor Champagne read letter from Mr. Abess regarding his request... Dear Queensbury Town Board Members: As you suggested recently, I'd like to request your authorization to begin a fact finding process. My objective would be to present you all the necessary information to allow you to decide how involved the town might be in arranging agreements with private property owners between the new Aviation Road bridge and the Aviation Mall and Coles Woods. Everyone in Queensbury would be thrilled if we could arrange a safe and convenient route for pedestrians, cyclists and ecetera between very popular areas in Queensbury and Glens Falls. I am volunteering to be a catalyst in making this happen. If you would authorize me to represent you in a fact gathering process, I feel I could be more effective in discussing matters and gaining necessary information from the various property owners. With your approval, I would begin soon. Thank you very much for your consideration. Counsel Schachner-I think it's terrific to gather the information, I think it's great to present it to the Town Board but to use the word deputize, there's no authority for the town board to deputize an individual to be able to state to members of the public that they're gathering information as a representative of the Town of Queensbury. Councilman Irish-He could say he's gathering it for the benefit of the board. Counsel Schachner-He can say that. I just think we have to be careful, we can't endorse or deputize or authorize somebody whose neither an elected nor an appointed official to go knocking on doors saying I'm here on behalf of the Town of Queensbury. Mr. Paul Abess-IfI just tell them that I'm gathering information and I'm going to report to the Town Board. Counsel and Town Board agreed. Richardson Street Drainage Supervisor Champagne recommended referring this to the Highway Committee for their review and recommendation. Park Name Supervisor Champagne referred to Memo from Sharron Simmonds stating that the results from the contest to name the new park are in and the top three are Big Boom Park, Hudson River Park and Northway Park... Councilman Tucker-I like Hudson River Park. The Hudson River is ajewel and why not name the park after the Hudson River. Town Board agreed to the following resolution: RESOLUTION NAMING PARK RESOLUTION NO. 119,98 INTRODUCED BY THE ENTIRE TOWN BOARD RESOLVED, that the Town Board of the Town of Queensbury hereby names the park, the HUDSON RIVER PARK. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT None Million Dollar Y2 Mile Service Road Supervisor Champagne-We do have some numbers in from the county. The county has indicated to me that they're ultra, ultra inflated which is probably the reason for me to believe that we don't want to really take those numbers at this stage. It really needs more study... in order to move forward with this, we're going to need to have the property appraised. What I would need from this board is a resolution approving for us to move ahead with an appraiser and have that particular property appraised to determine if in fact there's an interest in it. The county voted today, conceptually they would like to move ahead, conceptually. Now if the costs and the curb cut doesn't occur and the costs are high, then obviously everything dies on the vine at that stage. Town Board held discussion and agreed to the following resolution: RESOLUTION SUPPORTING PROPOSED CONCEPT FOR AREA KNOWN AS MILLION DOLLAR HALF MILE RESOLUTION NO. 120, 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Town Board hereby expresses it's support for curb cut, service/access road and construction of an information center in the area known as the Million Dollar Half Mile. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT None Attorney Matters Counsel Schachner noted there's three litigation matters for Executive Session. Open Forum 9: 10 P.M. Mr. Bob Valaro referred to the water discussions earlier this evening and recommended that water and sewer should be treated as a system as opposed to two separate entities. Noted further, if the dollars and cents for sewers don't make sense then take a serious look at zoning... you have control over zoning. President Bob Wescott of Queensbury Central Fire Company along with Treasurer Chris Hickey and Vice President John Kassebam spoke to the board regarding amending the contract to take the chiefs vehicles out of non- firema tic monies and adding it to contractual money... Mr. Hickey-We acquired the chiefs vehicle a little over a year and a half now and we felt it was a real critical item to the fire protection for the district that we cover and decided based on that to acquire the vehicle through non-firematic monies at the time. We've utilized the vehicle for a year and a half now and feel very strongly that it's a very important piece of apparatus to operate the company. Our company runs over four hundred fire alarms a year. The vehicle is used for a command post at major instances. It's equipped with hazardous materials, journals, manuals, breathing apparatus, first aide equipment and a lot of information that is critical, at least feel to the operation of the company. We are a volunteer organization so in reality we can't guarantee that the vehicle is going to be at every single call. It is driven by a volunteer, it is driven by him twenty-four hours a day, seven days a week. We do have an operating policy that we've established that requires him to turn the vehicle over to the next officer in line when he is out of town or unavailable to respond to calls for an extended period of time. Our current chief does respond to nearly ninety percent of the four hundred calls that we respond to. In addition he uses the vehicle to go to many town and county chiefs meetings. We also use the vehicle to let fireman, when it's necessary take it for training purposes. We don't see much difference between the chiefs vehicle and the current EMS Fly cars that are funded by contract dollars and feel based on that fact and again, based on the fact that we think they're both very important components of emergency service protection for the town that the vehicle should be funded through contract dollars. We at this point in time feel that we can fund it based on our existing contract. We're not asking for any more money, we feel that we can use the contract that we currently have which is a three year contract. This is year two of the contract. We don't feel that we would be coming asking for any more funds to do this. Just, we're asking for an amendment to the current contract that does have a clause it in that states that expenses of chiefs cars are excluded from the contract and I think we can accomplish that one of two ways. One, either strike that clause from the contract or establish an amendment to the contract that allows us to fund the expenses of the current chiefs vehicle out of our contract funds. Town Board held discussion, requested controller and counsel to review contracts and procedure involved in amending contracts before making a decision. Mr. George Chant, 229 Cronin Road spoke to the board regarding his situation, the problem of drainage running down Cronin Road hill into his yard... shared photographs with the board. Councilman Turner-That problem has been there for considerable years since that road has been elevated and really the town has got to do something about it. He had a swimming pool there and it washed it right out. Mr. Chant-It collapsed my pool. I've been fighting this for years but I've been doing it my own time and my own money and I'm tired of it, it's got to be fixed. Councilman Turner-We're probably going to need a map, plan and report. With the prior board last year we went after this and we got a permit to dump the drainage into that drainage ditch below Freihofer's. Supervisor Champagne-I guess that's what we would ask for at the next meeting, a resolution to get an engineer in here and do a map, plan and report to give us some idea of what's got to be done down there... board agreed. Ms. Barbara Bennett referred to resolution 6.13, the dredging of Hudson River and requested the town send a copy of this resolution to Niagara Mohawk. Supervisor Champagne agreed to have it sent to the Syracuse office. Ms. Bennett referred to resolution 6.16 regarding the compost disposal and questioned what happens if you don't have a truck load but rather bags? Councilman Tucker noted there's a minimum charge of two dollars whether you have one bag or a hundred. Ms. Bennett-That's not right, it's fifty cents a bag right now. How can you make an open day for everybody except the very small citizen? It's unfair to the people who only have cars and don't have trucks. Councilman Tucker-How would you suggest that we do it? Ms. Bennett-Cut the price of the fifty cent bag to twenty-five cents for that day. Councilman Tucker-It's every day but I'll talk to Mr. Coughlin about it and get back to you. Ms. Bennett questioned the status relating to the sale of water to Moreau. Supervisor Champagne noted it was pulled because there's nothing new. Ms. Bennett recommended the town have the state regulations regarding taking water out of the Hudson River. Mr. Salvador noted that his septic variance hearing that was scheduled for April 6th has been pulled and questioned why. Supervisor Champagne noted that the town's doing some legal research regarding the issue. Mr. Salvador requested to meet with the new Highway Committee to discuss the rehabilitation of the Dunham Bay Road. Referred to the resolution regarding the Lake Champlain Partnership Program and questioned who they were. Councilman Merrill-I don't know all the details on what they are but they do provide grant monies. Mr. Salvador referred to the other grant money previously obtained and questioned whether this is connected with that work. Councilman Merrill-Noted, as part of that work we went through and identified ten of the highest problem areas, specifics and made recommendations. This addresses regulations, lake wide regulations. Mr. Salvador referred to the discussion regarding the buoy situation in Sandy Bay and noted that there's a similar situation in Dunham Bay, noting that the regulation requires eighteen hundred feet. Counsel Schachner noted that it's a different law. Mr. Salvador referred to Million Dollar Half Mile Service Road and questioned whether someone could get to Route 149 from this road. Councilman Merrill noted that there's no outlet onto Route 149. Mr. Salvador referred to Mr. Valero's comments earlier and noted his agreement. RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSIONS TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT FOR THE SURREY FIELDS SUBDIVISION EXTENSION AND THE THUNDERBIRD DRIVE EXTENSION RESOLUTION NO.: 121,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing two (2) extensions to the Queensbury Consolidated Water District, to be known as the Surrey Fields Subdivision Extension and Thunderbird Drive Extension, and WHEREAS, a map, plan, and report has been prepared regarding the extensions of the existing Queensbury Consolidated Water District, the Surrey Fields Subdivision Extension to serve an area in the westerly area of the Town of Queensbury in the vicinity of the Surrey Fields Subdivision located on the west side of Bay Road, north of Cedar Court and south of Tee Hill Road in the Town of Queensbury and the Thunderbird Drive Extension to serve an area in the western portion of the Town of Queensbury, west of West Mountain Road and south of Butler Pond Road, as more specifically set forth in the said map, plan, and report, and described therein, and WHEREAS, the map, plan, and report has been filed in the Town Clerk's Office in the Town of Queensbury, and is available for public inspection, and WHEREAS, the map, plan, and report was prepared by Nace Engineering, P.C., Thomas W. Nace, P.E., Consulting Engineer, 37 Chester Street, Glens Falls, New York 12801, an Engineer licensed by the State of New York, and WHEREAS, said map, plan, and report shows the boundaries of the proposed extensions of the Queensbury Consolidated Water District, a general plan of the water system, a report of the proposed water system and method of operation, and WHEREAS, the map shows the water distribution mains, gate valves, and hydrants, together with the location and a general description of all related or appropriate public works existing or required, and WHEREAS, Part I of a Long Environmental Assessment Form has been prepared and presented at this meeting, and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED, 1. The Town Board of the Town of Queensbury shall hold a public hearing and consider establishing the proposed extensions to the Queensbury Consolidated Water District previously described in this Resolution and to be known as the Surrey Fields Subdivision Extension and the Thunderbird Drive Extension; 2. The boundaries of the proposed extensions and benefitted areas of the Queensbury Consolidated Water District are to be as follows: The Surrey Field Water District Extension shall include all of the following tax map parcels of the Town of Queensbury: Section 48 Block 3 Parcels 31, 33, 39, 39.1, 39.2, 43 and 44 as shown on the tax maps as of December 1, 1998; said parcels being the lands of the proposed Surrey Field Subdivision which is to be filed subsequent to December 1, 1997 and when filed will have the following tax map parcels: Section 48 Block 8 Parcels 1 through 41 inclusive; Section 48 Block 8 Parcel 999 inclusive of all of the road right -of- ways as shown on the filed subdivision map titled, "Surrey Field Subdivision" by VanDusen & Steves Surveyors dated April 27, 1997. Additionally, the Surrey Field Water District Extension shall include tax map parcels Section 48 Block 3 Parcels 37 and 38 which are not included in the aforementioned subdivision. The Thunderbird Drive Extension shall include all of tax map parcel Section 84 Block 1 Parcel 2 as shown on the tax maps of the Town of Queensbury as of December 1, 1997. 3. The improvements proposed shall consist of the purchase and installation of a water distribution main, hydrants, and gate valves with box and such other facilities as more specifically set forth in the aforesaid map, plan, and report prepared by Thomas W. Nace, a Licensed Professional Engineer with Nace Engineering, including pavement and driveway restoration and lawn restoration, and the costs shall also include a proportionate share of the cost of the Water Treatment Plant, mains, and other facilities of the existing Queensbury Consolidated Water District, which will supply water to the extensions, and engineering, legal, and administrative fees; 4. All proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervision; 5. $110,000.00; The maximum amount proposed to be expended for said improvements is estimated to be 6. The proposed method of financing will be for the Developer to pay the entire cost of the improvements. The Town shall pay no part of the cost of the extensions. 7. The map, plan, and report describing the improvements is on file with the Town Clerk of the Town of Queensbury and available for public inspection; 8. The Town Board will proceed with considering the extensions only if the Developer executes an agreement concerning the extension in a form acceptable to Town Counsel prior to the public hearing. 9. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.rn., on the 6th day of April, 1998, to consider the map, plan, and report, and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law; 10. The Town Clerk is directed to cause a copy of this Order to be duly published and posted not less than 10 days nor more than 20 days before the hearing date set forth herein and as required by Town Law ~209- d and complete or arrange for the securing of two Affidavits of Publication of Notice and two Affidavits of Posting of Notice of the Public Hearing required hereby. 11. The Community Development Department of the Town of Queensbury is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted; 12. The Community Development Department is hereby authorized to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting, and a copy of the map, plan, and report to all potentially involved agencies and to DEC and DOH together with an application for a water supply permit, all documents to be sent out with a letter generally indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Town Board of the Town of Queensbury as lead agent is desired and that a lead agency must be agreed upon within 30 days. Duly adopted this 23rd day of March, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 122, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby schedules a meeting, a Special Town Board Workshop for Monday, March 30th, 1998 at 7:00 P.M. at the Queensbury Activity Center, 742 Bay Road, Queensbury, New York. Duly adopted this 23rd day of March, 1998, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 123, 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss three matters of litigation and a personnel matter. Duly adopted this 23rd 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 ADJOURN EXECUTIVE SESSION & MEETING RESOLUTION NO. 124, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session and enters Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn their meeting. Duly adopted this 23rd day of March, 1998, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY