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1998-12-07 REGULAR TOWN BOARD MEETING DECEMBER 7,1998 7:05 P.M. MTG#63 RES# 440-471 B.H. 56-59 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN HIGHWAY SUPERINTENDENT, P AUL NAYLOR EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND DEPUTY WASTEWATER DIRECTOR, MIKE SHAW DEPUTY HIGHWAY SUPERINTENDENT, RICK MISSITA CONTROLLER, HENRY HESS PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TURNER SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 440.98 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 from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 7TH day of December, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING SEWER VARIANCE JIM & KARIN BOWEN NOTICE SHOWN 7:06 P.M. MR. BOWEN PRESENT SUPERVISOR CHAMPAGNE-Is there anyone here to speak for or against Jim & Karin Bowen sewer variance? Yes, sir. JIM BOWEN, 5 BUTTERNUT HILL, QUEENSBURY-What I am requesting is an approval on a variance for a septic system. By putting an addition on my current residence in Butternut and because of bedrock restrictions unable to move the septic system ten feet as the code reads from the new foundation wall. The new foundation as I stated in here is a crawl space with the elevation of the slab at approximately three inches above the inverts of the D box and the septic field so obviously the slab is somewhat above where the waste is going to be permeating. Everything above the D box is in a sealed system, of course, from the piping, the tank itself, then leading back into the house. The tank is also approximately eighteen feet from the existing structure where there is a full basement so I'm well beyond the full basement. As, I move it farther away from the new foundation the bedrock has an incline to it to where I'm starting to loose quite a lot of my capacity in my tank so that was my restriction there. Also it is also located in fairly heavy soils as everyone knows off of Ridge Road. I'm not in sandy soil I had to create my own field with sand and crush stone so outside of the field the perc is pretty slow so I didn't think and I doubled up the ceiling on the thorough seal and tar on the foundation as well. COUNCILMAN IRISH-Do you have enough room to get in there and do any maintenance to the septic that you need to do if it fails? MR. BOWEN-All the piping is on the outside and the tank is comfortably, like I said the closet part is three feet. SUPERVISOR CHAMPAGNE-Is there anyone here to speak for or against this project? Town Board any comments? COUNCILMAN TUCKER-You have a letter here from Dave Hatin should that be read into the record? DEPUTY CLERK O'BRIEN-Letter To Town Board Members: 12/4/98 From: Dave Hatin, Director of Building & Codes. Dear Town Board Members: Mr. Bowen is requesting a variance to allow him to place his septic tank three feet from the foundation, versus required 10 feet by the Ordinance. As there is no other alternative for this tank, I feel that the request for this variance is reasonable. If you have any further questions, please don't hesitate to contact me. Sincerely, Dave Hatin Director of Building & Codes COUNCILMAN MERRILL-It appears to be well engineered and carefully thought out, I see no problem with it. SUPERVISOR CHAMPAGNE-Okay are we ready to vote. Motion by Ted. COUNCILMAN TURNER-I'll move it. SUPERVISOR CHAMPAGNE-Seconded by? COUNCILMAN MERRILL-I'll second. SUPERVISOR CHAMPAGNE-Second by Dick any further discussion? Hearing none please vote it. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR JIM AND KARIN BOWEN RESOLUTION NO.: 56.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Jim and Karin Bowen previously filed a request for a variance from provisions of the Town of Queensbury Sewage Disposal Ordinance Town Code Chapter 136, such provision requiring that there be a ten feet (10') setback between their septic tank and new frost wall, and WHEREAS, Notice of Public Hearing was published in the Town's official newspaper and a public hearing was held concerning the variance request on December 7th, 1998, and WHEREAS, the Town Clerk has advised that property owners within 500 feet of the subject property were duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the application, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Jim and Karin Bowen allowing a three feet (3 ') setback from the septic tank to the new frost wall on property situated at 5 Butternut Hill Drive, Queensbury, New York, and bearing Tax Map No.: 54-5-11.32. Duly adopted this 7th day of December, 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 VARIANCES FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR DAVID DUFRESNE RESOLUTION NO.: 57.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, David Dufresne has applied to the Local Board of Health for three (3) variances from Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that variances be granted to allow: I.part of the infiltrator system to be located beneath the small parking area; 1. the absorption system to be located four feet (4') from the property line rather than the required ten feet (10') distance; I.the septic tank to be located five feet (5') from the dwelling rather than 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 December 21st, 1998 at 7:00 p.m. at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Queensbury, to consider David Dufresne's application for three (3) variances from the Town of Queensbury On-Site Sewage Disposal Ordinance on property situated on Brayton Road, North Queensbury and bearing Tax Map No.: Section 11, Block 1, Lot 24, and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing and send a copy of the Notice of Public Hearing to neighbors located within 500 feet of the subject property, as required by law. Duly adopted this 7th day of December, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON VARIANCES FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR JOHN AND KATHLEEN SALVADOR RESOLUTION NO.: 58.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, John and Kathleen Salvador have applied to the Local Board of Health for five (5) variances from the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in (136-11 of Chapter 136, such application requesting that variances be granted to allow: 1. a fiberglass, stainless steel (type 404) or equivalent septic tank rather than the required pre-cast reinforced concrete holding tank; La minimum 200 gallon holding tank capacity rather than the required minimum 2,000 gallon holding tank capacity; 1. that no field test be required for determination of high seasonal groundwater as applicants state that this has already been determined; I.that the holding tank be located within the perimeter of the hunting and fishing cabin rather than located 10' from a "dwelling" as required; and 1. that the holding tank be installed above grade (above 100 year flood level of 321.0' MSL) rather than below finished grade as required; NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on December 21st, 1998 at 7:00 p.m. at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Queensbury, to consider John and Kathleen Salvadors' application for five (5) variances from the Town of Queensbury On-Site Sewage Disposal Ordinance on property situated in the Town of Queensbury and bearing Tax Map No.: Section 4, Block 1, Lot 11, and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing and send a copy of the Notice of Public Hearing to neighbors located within 500 feet of the subject property, as required by law. Duly adopted this 7th day of December, 1998, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 59. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Queensbury Board of Health adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 7th day of December, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone CORRESPONDENCE NONE COMMITTEE REPORTS HYDRAULIC ANALYSIS BY C.T. MALE OF TOWN WATER SYSTEM Presentation made by Gary Male of C. T. Male regarding Hydraulic analysis of Town Water System. Queensbury Hydraulic Model Engineer's Report on file in Town Clerk's Office. COUNCILMAN IRISH-Spoke to the board regarding Recreation Commission Meeting. They are getting ready to put together their goals for 1999. One of the topics that is being addressed with Mr. Naylor and Counsel's Office is the closing of the gate at the park. Noted the way the Highway Law is written Mr. Naylor doesn't feel they can close the gate until they receive a legal opinion, to be discussed later in the meeting. COUNCILMAN TUCKER-Spoke to the board regarding the street lights on Aviation Road bridge. COUNCILMAN IRISH-Noted Niagara Mohawk was putting in lights today. OPEN FORUM (RESOLUTIONS) NONE RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY EVERGREEN BANK, NA FROM SFR-20 (SINGLE F AMIL Y RESIDENTIAL - 20,000 SQUARE FEET) TO HC-lA (HIGHWAY COMMERCIAL - ONE ACRE) RESOLUTION NO.: 441.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY : Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is considering a request for an amendment to the Town of Queensbury Zoning Ordinance and Map by Evergreen Bank, N.A. to rezone property bearing Tax Map No. 's: 108-1-31 and 108-1-32 located adjacent to the Queensbury Motors parking lot, Everts Avenues, Queensbury from its current zoning of SFR-20 (Single Family Residential - 20,000 Square Feet) to HC-lA (Highway Commercial- One Acre), and WHEREAS, on or about October 19th, 1998, the Town Board of the Town of Queensbury adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about November 24th, 1998, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, on or about November 16th, 1998, the Warren County Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone with the condition that the former power transmission corridor be left as greenway, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, December 21st, 1998 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be given an opportunity to be heard concerning the proposed amendment to the Town of Queensbury Zoning Ordinance and Map whereby property bearing Tax Map No. 's: 108-1-31 and 108-1-32 located adjacent to the Queensbury Motors parking lot, Everts Avenues, Queensbury would be rezoned from its current zoning of SFR-20 (Single Family Residential - 20,000 Square Feet) to HC-lA (Highway Commercial- One Acre), and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of Public Hearing presented at this meeting in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be rezoned, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to 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 this proposed action is subject to SEQRA review and the Board desires to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the Rezoning Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 7th day of December, 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 PETITION FOR CHANGE OF ZONE FOR PROPERTIES OWNED BY VARIOUS OWNERS AND PROPOSED BY THE TOWN OF QUEENSBURY FROM LI-lA (LIGHT INDUSTRIAL - ONE ACRE) AND PC-lA (PLAZA COMMERCIAL - ONE ACRE) TO HC-lA (HIGHWAY COMMERCIAL - ONE ACRE) RESOLUTION NO.: 442.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury is considering a request for an amendment to the Town of Queensbury Zoning Ordinance and Map by the Town of Queensbury to rezone properties bearing Tax Map No.'s: 110-1-1.23, 110-1-1.29, 110-1-1.30, 110-1-1.31, 110-1-1.32, 110-1- 1.26, 110-1-1.25, 110-1-1.24, 110-1-1.28, and 110-1-1.21 located along Quaker Road and Dix Avenue in the Town of Queensbury from LI-lA (Light Industrial- One Acre) and PC-lA (Plaza Commercial- One Acre) to HC-lA (Highway Commercial- One Acre), and WHEREAS, on or about November 2nd, 1998, the Town Board of the Town of Queensbury adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about November 17th, 1998, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, on or about November 5th, 1998, the Warren County Planning Board also recommended approval of the Petition for Change of Zone, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, December 21st, 1998 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be given an opportunity to be heard concerning the proposed amendment to the Town of Queensbury Zoning Ordinance and Map whereby properties bearing Tax Map No.'s: 110-1-1.23, 110-1-1.29, 110-1-1.30, 110-1-1.31, 110-1-1.32, 110-1-1.26, 110-1-1.25, 110- 1-1.24, 110-1-1.28, and 110-1-1.21 located along Quaker Road and Dix Avenue in the Town of Queensbury would be rezoned from LI -lA (Light Industrial - One Acre) and PC-lA (Plaza Commercial - One Acre) to HC-lA (Highway Commercial- One Acre), and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of Public Hearing presented at this meeting in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be rezoned, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to 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 this proposed action is subject to SEQRA review and the Board desires to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the Rezoning Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 7th day of December, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF NACE ENGINEERING, P.C. FOR CONTINUATION OF ENGINEERING SERVICES CONCERNING THE LUZERNE ROAD STORM SEWER EXTENSION RESOLUTION NO.: 443.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury, by Resolution No.: 179.98, authorized the engagement of the services of Nace Engineering, P.c. to determine whether the existing storm sewer running along Luzerne, VanDusen and Corinth Roads and tributary to Clendon Brook at Corinth Road has sufficient capacity to allow for the connection of the existing Queensbury Forest Subdivision drainage system for an amount not to exceed $4)00, and WHEREAS, Nace Engineering, P. C. has completed this initial investigation, and as a result of its findings, feels that further investigation is warranted to better define the magnitude of the high ground water problems within Queensbury Forest and take a broader look at alternative solutions, and WHEREAS, Nace Engineering, P.c., in their letter proposal dated November 16th, 1998, has offered to perform the additional engineering services for an amount not to exceed $2,500, which includes the subcontracted cost of surveying and geotechnical services, and WHEREAS, the Town Board wishes to authorize the additional engineering services, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Nace Engineering, P.c. to provide the engineering services described above at a cost not to exceed $2,500 including the subcontracted cost of surveying and geotechnical services, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor to execute any forms or agreements in form approved by Town Counsel necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of December, 1998, by the following vote: AYES : Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES : None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR ENGINEERING DESIGN SERVICES FOR CONSTRUCTION AND DEMOLITION (C&D) DEBRIS LANDFILL AT THE TOWN OF QUEENSBURY LANDFILL SITE RESOLUTION NO.: 444.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously requested proposals from professional engineering firms for engineering design services for a Construction and Demolition (C&D) Debris Landfill at the Town of Queensbury Landfill Site, and WHEREAS, the Town Board received and reviewed proposals and wishes to engage the services ofC.T. Male Associates, P.c., and WHEREAS, a copy of C. T. Male Associates' proposal dated October 15th, 1998 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of C.T. Male Associates, P. C. for engineering design services for a Construction and Demolition (C&D) Debris Landfill at the Town of Queensbury Landfill Site for the lump sum fee of $21,350 as delineated in C.T. Male Associates' Fee Proposal dated October 15th, 1998, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor to execute any forms or agreements, in form approved by Town Counsel, necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT:None RESOLUTION TO AWARD BID FOR PURCHASE OF BRASS SERVICE CONNECTION MATERIALS AND COPPER TUBING RESOLUTION NO. 445.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Darleen Dougher, Town of Queensbury Purchasing Agent, duly advertised for bids for the purchase of brass service connection materials for the Town Water Department's use, and WHEREAS, Ralph VanDusen, Town Water Superintendent, reviewed the bids received by the Town and has recommended that the Town Board award the bid to Ramsco, the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for brass service connection materials to Ramsco, the lowest responsible bidder, for an amount not to exceed $7,888.25 to be paid for from the appropriate Water Department Account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:None RESOLUTION TO ACCEPT BID FOR 1999 OFFICE SUPPLIES RESOLUTION NO. 446.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Darleen Dougher, Town Purchasing Agent, duly advertised for bids for office supplies for the year 1999 in accordance with previously submitted bid specifications, and WHEREAS, Staples Business Advantage, Inc., submitted the lowest and only bid for the office supplies for the amount of $ 12,694.73, and WHEREAS, Darleen Dougher, Town Clerk, has recommended that the Town Board award the bid to Staples Business Advantage, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bids for office supplies for the year 1999 to Staples Business Advantage, Inc. for an amount not to exceed $12,694.73, to be paid for from the appropriate account. Duly adopted this 7th day of December, 1998, by the following vote: AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES : None ABSENT:None RESOLUTION ESTABLISHING HILAND PARK SANITARY SEWER DISTRICT BUY-IN FEES RESOLUTION NO. 447.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the 1999 Town of Queensbury Hiland Park Sanitary Sewer Budget provides $13,000 for a buy-in fee to the Glens Falls Wastewater Treatment Plant to cover the current needs of the Hiland Park Sanitary Sewer District, and WHEREAS, the Town Board of the Town of Queensbury wishes to establish buy-in fees for all future construction (after January 1, 1999) within the Hiland Park Sanitary Sewer District, such fees to be charged at the time of application for sanitary sewer service, and WHEREAS, Michael Shaw, Deputy Director of Wastewater, has recommended that the Town Board establish a residential buy-in fee of $100 per bedroom and a commercial buy-in fee of $1.35 per gallon x gallons per day (gpd), and WHEREAS, the Town Board concurs with Mr. Shaw's recommendations, NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Queensbury hereby establishes buy-in fees for all future construction (after January 1, 1999) within the Hiland Park Sanitary Sewer District to be charged at the time of application for sanitary sewer service, such buy-in fees to be in the amounts of $100 per bedroom for residential and $1.35 per gallon x gallons per day (gpd) for commercial, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and Director of Wastewater to sign any documents and take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of December, 1998, by the following vote: AYES : Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES : None ABSENT:None RESOLUTION AUTHORIZING CHANGE IN GROUP HEALTH INSURANCE OPTIONS FOR NON- UNION EMPLOYEES RESOLUTION NO.: 448.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, all Town of Queensbury employees currently have the option of selecting either the Empire Blue Cross Blue Shield Matrix Plan, Kaiser Permanente HMO Plan (formerly Community Health Plan or CHP) or Blue Choice HMO Plan for their basic health insurance and prescription drug coverage, and WHEREAS, the Town Board of the Town of Queensbury wishes to authorize a change in group health insurance options for its non-union employees such that effective January 1, 1999, the Town will offer its non-union employees the option of selecting the Empire Blue Cross & Blue Shield Deluxe PPO Health Plan with $5/$15/$25 Drug Card, with eligible non-union employees paying 9% of the premium, in addition to the other health insurance plans offered by the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a change in group health insurance options for its non-union employees, such change being that effective January 1, 1999, all non-union employees shall have the additional option of selecting the Empire Blue Cross & Blue Shield Deluxe PPO Health Plan with $5/$15/$25 Drug Card, with eligible non-union employees contributing 9% of the premium, in addition to the Town's other group health insurance plan options, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Controller's Office to sign any documentation and take any and all steps necessary to implement the terms of this Resolution. Duly adopted this 7th day of December, 1998, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES : None ABSENT:None RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 449.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, certain Town Departments have requested fund transfers for the 1998 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1998 Town Budget be amended as follows: ASSESSMENT: FROM: TO: $ AMOUNT: 01-1355-2031 01-1680-2031 375. (Assessor Computer Hardware) (Data Processing-Hardware) CEMETERY: FROM: TO: $ AMOUNT: 02-8810-2001 02-8810-4400 500. (General Equipment) (Contractual) 02-8810-2001 02-8810-4010 50. (General Equipment) (Office Supplies) TOWN COUNSEL: FROM: TO: $ AMOUNT: 01-1420-1890 01-1420-4050 2,000. (Conf. Legal Secretaries) (Books, Pubs., Subscription) WASTEWATER: FROM: TO: $ AMOUNT: 032-8130-4425 032-8120-4791 1,500. (G.F. Sewer Charges) (Equipment Maintenance) 032-8130-4425 032-8120-4400 2,000. (G.F. Sewer Charges) (Misc. Contractual) Duly adopted this 7th day of December, 1998, by the following vote: AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO. 450.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Adirondack Theatre Festival presents numerous performances and events annually in the Town of Queensbury and the City of Glens Falls, thereby promoting the cultural development of the community, and WHEREAS, the Town Board of the Town of Queensbury wishes to enter into an agreement with the Adirondack Theatre Festival for the promotion of performances and events to the residents of the Town of Queensbury, and WHEREAS, a proposed agreement has been prepared in form approved by Town Counsel and has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with the Adirondack Theatre Festival and that funding for the Agreement be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND AMERICAN LEGION POST 533 RESOLUTION NO. 451.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to enter into an Agreement with American Legion Post 533, and WHEREAS, a proposed Agreement has been prepared in form approved by Town Counsel and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with American Legion Post 533 with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND BIG BROTHER/BIG SISTERS RESOLUTION NO. 452.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury wishes to enter into an agreement with Big Brothers/Big Sisters, and WHEREAS, a proposed Agreement in form approved by Town Counsel has been prepared and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with Big Brothers/Big Sisters with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE CHAPMAN MUSEUM RESOLUTION NO.: 453.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Chapman Historical Museum, and WHEREAS, a proposed agreement in form approved by Town Counsel has been prepared and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with the Chapman Historical Museum with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES Mr. Irish ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF THE SERVICES OF CUSACK AND COMPANY, CPA'S TO AUDIT THE TOWN OF QUEENSBURY'S FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING DECEMBER 31,1998 RESOLUTION NO.: 454.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Resolution No.: 467.97, the Town Board of the Town of Queensbury authorized the engagement of the services of Cusack and Company, CPA's to audit the Town of Queensbury's financial statements for the fiscal year ending December 31, 1997 with the option of auditing the Town's financial statements for the subsequent two (2) fiscal years and to provide accounting advice to the Town throughout 1998, and WHEREAS, Henry Hess, Town Controller, has been pleased with the services of Cusack and Company, CPA's and wishes to continue engagement of their services, and WHEREAS, Cusack and Company, CPA's, has offered to audit the Town's financial statements for the fiscal year ending December 31, 1998 at a cost not to exceed $ 13,150 as more specifically set forth in their letter dated October 21, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes continuation of the auditing services of Cusack and Company, CPA's to provide auditing services to the Town of Queensbury for the year ending December 31, 1998 and to provide accounting advice to the Town throughout 1999 for an amount not to exceed $13,150 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Controller to sign any documentation and take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE GLENS FALLS SENIOR CITIZENS, INC. RESOLUTION NO.: 455.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury believes it is appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Glens Falls Senior Citizens, Inc. for senior citizen recreational and social activities and programs, and WHEREAS, a proposed agreement between the Town of Queensbury and the Glens Falls Senior Citizens, Inc. has been prepared in form approved by Town Counsel and presented at this meeting, and WHEREAS, this agreement is permitted and authorized by ~95A of the General Municipal Law of the State of New York, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with the Glens Falls Senior Citizens, Inc. with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES : Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND GLENS FALLS YOUTH CENTER RESOLUTION NO.: 456.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury believes it is appropriate and beneficial to the Town to provide services and benefits such as career counseling and dinners to economically disadvantaged youths residing in the Town of Queensbury and therefore wishes to enter into an agreement with the Glens Falls Youth Center for the provision of these services and benefits, and WHEREAS, a proposed agreement between the Town of Queensbury and the Glens Falls Youth Center has been prepared in form approved by Town Counsel and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with the Glens Falls Youth Center with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS AND TOWN OF QUEENSBURY RESOLUTION NO. 457. 98 INTRODUCED BY: Mr. Richard Merrill (MOTION WITHDRAWN) WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner DISCUSSION HELD: COUNCILMAN TUCKER-Questioned if this is the bus service.... SUPERVISOR CHAMPAGNE-This is what we pay to the City. The City manages the bus system and this is Queensbury share. Questioned if this is a two year contract? CONTROLLER, MR. HESS-They have all been one year contracts thinks it is a typo. SUPERVISOR CHAMPAGNE-Forty one each year. TOWN COUNSEL, MR. SCHACHNER-Noted that sounds right. SUPERVISOR CHAMPAGNE-Recommended pulling this resolution for further clarification. RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE HYDE COLLECTION RESOLUTION NO. 457.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Hyde Collection, and WHEREAS, a proposed agreement has been prepared in form approved by Town Counsel and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with the Hyde Collection with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES Mr. Irish ABSENT: None RESOLUTION AUTHORIZING CONTRACT WITH THE IACA WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO. 458.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury wishes to contract with the IACA World Awareness Children's Museum for the year 1999, and WHEREAS, a proposed Agreement in form approved by Town Counsel has been prepared and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with the IACA World Awareness Children's Museum with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND LITERACY VOLUNTEERS RESOLUTION NO.: 459.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury believes it is appropriate and beneficial to the Town to provide remedial reading services to Town of Queensbury adult residents with reading difficulties and therefore wishes to enter into an agreement with Literacy Volunteers for the provision of these services, and WHEREAS, a proposed agreement between the Town of Queensbury and Literacy Volunteers has been prepared in form approved by Town Counsel and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with Literacy Volunteers with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER, MANNIX & PRATT, P.c. AS THE TOWN'S LEGAL COUNSEL RESOLUTION NO. 460.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury requires legal representation in a wide variety of matters to deal with the numerous legal issues that come before and involve the Town, and WHEREAS, the Town has previously engaged the services of the law firm of Miller, Mannix & Pratt, P. C. (Mark Schachner, Principal Counsel) as its counsel, and WHEREAS, Miller, Mannix & Pratt, P. C. has rendered legal services to and on behalf of the Town of Queensbury as Town Counsel since February, 1996, and WHEREAS, the Town Board of the Town of Queensbury has been satisfied with the services of Miller, Mannix & Pratt, P. C. as its Town Counsel, and WHEREAS, the Town Board of the Town of Queensbury wishes to engage legal counsel on a contractual basis for the 1999 fiscal year from January 1, 1999 to December 31, 1999, and WHEREAS, a proposed Agreement for Legal Services has been provided to the Town Board prior to and at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Miller, Mannix & Pratt, P. C. as legal counsel for and on behalf of the Town for the year 1999, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement for Legal Services on behalf of the Town for the year 1999. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND MOUNTAINSIDE FREE LIBRARY RESOLUTION NO. 461.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Mountainside Free Library, and WHEREAS, a proposed Agreement has been prepared in form approved by Town Counsel and presented at this meeting NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with Mountainside Free Library with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: CONTROLLER, MR. HESS-Spoke to board regarding contract, paragraph one. The additional payment of one thousand four hundred and twenty five will be used for the repainting of the building and the repair of the library roof noting it doesn't mention the repainting, recommended adding this to resolution. RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO.: 462.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury believes it appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Queensbury Senior Citizens, Inc. for these types of activities and programs, and WHEREAS, a proposed agreement between the Town of Queensbury and Queensbury Senior Citizens, Inc. has been prepared in form approved by Town Counsel and presented at this meeting, and WHEREAS, this agreement is permitted and authorized by ~95A of the General Municipal Law of the State of New York, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with Queensbury Senior Citizens, Inc. with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR TRANSPORTATION FOR THE ELDERLY WITH WARREN-HAMIL TON COUNTIES COMMUNITY ACTION AGENCY RESOLUTION NO. 463.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Darleen Dougher, the Town of Queensbury's Director of Purchasing duly advertised for bids for transportation for the elderly in the Town of Queensbury for the year 1999, and WHEREAS, the Warren-Hamilton Counties Community Action Agency has offered to provide transportation services for the elderly for the year 1999 for an amount of $11,615, and WHEREAS, Ms. Dougher has recommended that the Town Board award the bid to the Warren- Hamilton Counties Community Action Agency, the lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the contract for transportation of the elderly for the Town of Queensbury for the year 1999 to the Warren-Hamilton Counties Community Action Agency for the amount of $11,615, and BE IT FURTHER, RESOLVED, that the contract amount shall be paid for from the appropriate account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with the Voluntary Action Center with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND VOLUNTARY ACTION CENTER RESOLUTION NO. 464 .98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Voluntary Action Center, and WHEREAS, a proposed agreement has been prepared in form approved by Town Counsel and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Agreement with the Voluntary Action Center with funding for this Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING CHANGE IN GROUP HEALTH INSURANCE OPTIONS FOR TOWN RETIREES AND ESTABLISHING TOWN RETIREE CONTRIBUTION SCHEDULE FOR ITS GROUP HEALTH INSURANCE OPTIONS RESOLUTION NO.: 465.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, eligible retired Town of Queensbury employees contribute toward the premium and receive group health insurance and prescription drug coverage provided under the Empire Blue Cross Blue Shield Matrix Plan, the Kaiser Permanente Plan (formerly the Community Health Plan HMO) or the Blue Choice HMO plan, and WHEREAS, the Town Board of the Town of Queensbury has authorized a change in group health insurance options for its employees such that effective January 1, 1999, the Town will offer its employees the option of selecting the Empire Blue Cross & Blue Shield Deluxe PPO Health Plan with $5/$15/$25 Drug Card in addition to the other health insurance plans offered by the Town, and WHEREAS, the Town Board wishes to make this Plan available to its retirees and establish a retiree contribution schedule for all group health insurance options, and WHEREAS, the Town Controller has prepared a retiree contribution schedule for the various group health insurance options and has recommended that the Town Board adopt this schedule, a copy of which is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a change in group health insurance options for its retirees, such change being that effective January 1, 1999, all retirees shall have the additional option of selecting the Empire Blue Cross & Blue Shield Deluxe PPO Health Plan with $5/$15/$25 Drug Card in addition to the Town's other group health insurance plan options, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes a retiree contribution schedule for the Town's group health insurance options as proposed by the Town Controller and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Controller's Office to sign any documentation and take any and all steps necessary to implement the terms of this Resolution. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-Questioned if the retirees will have the same window of opportunity? CONTROLLER, MR,. HESS-Noted it has been a standard practice to treat them under the terms of the current CSEA Collective Bargaining Agreement which has been the most liberal policy for retirees. This continues to do that recognizing the recent changes in the CSEA Collective Bargaining Agreement. It offers the new PPO plan that the Town is offering at the same rate that the CSEA is going to have it. It offers the Matrix at the same rate that the CSEA is going to pay. It also offers the Blue Choice and the HMO. One of the significant changes this does is part of the retirees sixty five and over are required to have Medicare as their primary coverage with our coverage as their secondary coverage. This establishes that the Town will reimburse the retirees instead of a hundred percent across the board as has been done in the past this will reimburse them in the same ratio under which they pay for coverage under the plan. It follows the letter of the agreement that we have with CSEA and the letter of intent of that agreement SUPERVISOR CHAMPAGNE-Questioned how the retirees were going to be notified? CONTROLLER, MR. HESS-Noted they are putting a packet and if this adopted tonight it will be in the mail tomorrow. They will have the same window of opportunity to pick up any change in coverage they want to effective January 1st. COUNCILMAN IRISH-Asked if the retirees will be notified in July? CONTROLLER, MR. HESS-Yes, the window of opportunity will apply to them also. 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 24 ENTITLED, "COORDINATED ASSESSMENT PROGRAM" RESOLUTION NO. 466.98 INTRODUCED BY: Mr. Douglas Irish 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 to amend the Code of the Town of Queensbury by adding a new Chapter 24 entitled, "Coordinated Assessment Program," which Chapter shall authorize participation by the Town of Queensbury in a coordinated real property assessment program with the City of Glens Falls, and WHEREAS, such legislation is authorized in accordance with ~579 of the New York State Real Property Tax 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 December 21st, 1998, to consider proposed Local Law No.: of 1998, hear all interested persons, and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law and to forward copies of this Resolution and Notice of Public Hearing to the Glens Falls City Clerk's Office. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR TANDEM DUMP TRUCK FOR THE TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 467.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Highway Department wishes to advertise for bids for the purchase of: one (1) new 1999 Heavy Duty Tandem Dump Truck With Plow, Wing and All Necessary Hydraulics and Attachments, and WHEREAS, the Highway Department has prepared the necessary bid specifications, submitted them to the Town Clerk and copies of the bid specifications have been presented at this meeting, and WHEREAS, ~103 of the General Municipal Law requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish advertisements for bids for Tandem Dump Truck for the Town Highway Department in the official newspaper for the Town of Queensbury and make bid documents available on December 11th, 1998, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk, to open all bids received at the Town Clerk's Office at 2:05 p.m., December 28th, 1998, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 7th day of December, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN TUCKER-Noted a change to the resolution. The Highway Department would like to go out to bid just for the tandum dump truck it was pulled because of the paver. TOWN COUNSEL, MR. SCHACHNER-Noted the changes to the resolution. In the title take out and Paver in the second line. Take out the number one under the first whereas just the number and take out all of paragraph number two. On the second page in the first resolve, second line take out the words, and paver and the resolution could otherwise stand as previously written. PLANNED DISCUSSIONS OLD BUSINESS COUNCILMAN IRISH-Spoke to the board regarding prices for a grinder for the Highway Department. Asked Deputy Highway Superintendent to get prices for grinder for the Highway Department to do the roads thinks this is something the Town ought to look at purchasing noted Mr. Missita will be addressing this with the Highway Committee. NEW BUSINESS NONE TOWN BOARD WORKSHOP COUNCILMAN TURNER-Spoke to the board regarding the Preliminary Draft of the Sidewalk Policy recommended discussing this in Workshop on January 14th, 1998 at seven o'clock. SUPERVISOR CHAMPAGNE-Noted to set up a workshop for sidewalks and any other further business noting they will be doing non-union salaries. OPEN FORUM BARBARA BENNETT-Spoke to the board regarding the group health insurance for non-union employees noted the resolution says for eligible non-union employees. Questioned what constitutes an eligible non- union employee? COUNCILMAN IRISH-Noted they cannot be part-time employees. CONTROLLER, MR. HESS-It can't be anyone under non-duplicate coverage. They are eligible for the buy-out if they have duplicate coverage, but they are not eligible to enroll you have to be a full time employee to get the coverage. MRS. BENNETT-Questioned if there was any thought to giving part time health insurance? SUPERVISOR CHAMPAGNE-No. MRS. BENNETT-Questioned the reason why Councilman Irish vote no for the Chapman and Hyde Museums? COUNCILMAN IRISH-Noted his personal opinion is if people want to support endeavors like the Chapman and the Hyde they should do so with contributions not with the Town spending taxpayer money on behalf of everybody in the Town. BOB V ALLARO, WALKER LANE-Representing Baybridge Homeowners Association, noting this is a continuation of the last time he spoke regarding Walker Lane. Has made a presentation to Mr. Round, Mr. Merrill, also has spoken with Matt Steves concerning the same subject. Spoke to the board regarding the boundaries for Walker Lane. Asked the Highway Department if they would fix a couple of driveways on Walker Lane now that they will not be on private property. TIM BREWER, CANDLEBERRY DRIVE, QUEENSBURY-Spoke to the board regarding the Engagement of Tom Nace Continuation of the Extension of Luzerne Road Storm Sewer Extension. Questioned what was in the report and what more will he be looking into or not looking into or what is the outcome of the study? COUNCILMAN TUCKER-Noted there was a study of running the pipe from Queensbury Forest to Luzerne Road, they discovered that the pipe that's in place on Luzerne Road and Van Dusen Road has two flat spots in it on Van Dusen Road. Tom did an analysis of a ten year storm and he said that if we took the water out of Queensbury Forest and put it into that pipe that he was afraid it would come out of the manholes that are there and catch basins that are along Van Dusen Road and cause flooding along there. His idea was to put in a twenty four inch pipe from Queensbury Forest to Luzerne Road and then put in a new thirty six inch pipe from Luzerne Road to Corinth Road. The thirty six inch pipe that is in there now is a corrigated pipe. He recommended putting in a twenty four inch smooth pipe and a thirty six inch smooth pipe at a cost of a half a million dollars. SUPERVISOR CHAMPAGNE-Noted because of the cost and the depth to get the proper pitch and because of the existing lines that are in there right now with the lack of capacity to handle the flow coming out of Queensbury Forest is it doable, we don't know. Had Tom Nace go back into Queensbury Forest for twenty five hundred dollars and take a harder look at some other options. He will go back in take a look at whatever information he has, take a look at the Frasier Report to see if there are other options. MR. BREWER-Noted he doesn't see a problem in trying to figure out the solution thought this was the basis of paying Mr. Nace originally to come up with some idea as to how to get rid of the water. SUPERVISOR CHAMPAGNE-Noted there was a scope of work identified that he was to do and that scope of work was completed. MR. BREWER-Questioned if the report that Mr. Nace did is available? SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN IRISH-Questioned if the booring is part of the contract? SUPERVISOR CHAMPAGNE-No the actual booring is not a part of the twenty five hundred dollars? MR. BREWER-Questioned when this scope of work will be completed? SUPERVISOR CHAMPAGNE-Noted the work will be done in four weeks. OPEN FORUM CLOSED 8:40 P.M. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 468. 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 from Regular Session and moves into Executive Session to discuss labor management dispute resolution, non union salary schedules, purchasing agent resumes, personnel. Duly adopted this 7th day of December, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 469. 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 7th day of December, 1998, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None AbsentNone RESOLUTION AUTHORIZING MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE TOWN OF QUEENSBURY UNIT OF THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) AND NEW CONTRACT RESOLUTION NO.: 470.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, on or about August 23rd, 1995, the Town of Queensbury (Town) entered into an Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) regarding employment of the Town's CSEA members, and WHEREAS, the Agreement terminated on December 31 st, 1997, but by its terms continued to remain in full force and effect until a new agreement could be finalized, and WHEREAS, the Town and the CSEA have negotiated terms for a new contract and an agreement has now been reached between the parties, and WHEREAS, a Memorandum of Agreement between the Town and the CSEA has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Memorandum of Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc., a copy of which is presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute a Union Contract revised to incorporate the terms of the Memorandum of Agreement and to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of December, 1998, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES : None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 471. 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 its Regular Town Board Meeting. Duly adopted this 7th day of December, 1998, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None AbsentNone No further action taken. On motion the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury