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1999-05-17 REGULAR TOWN BOARD MEETING MAY 17,1999 7:02 P.M. MTG #13 Res. # 170-184 BOH #23-26 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL Mark Schachner TOWN OFFICIALS Paul Naylor, Highway Superintendent Dave Hatin, Director of Building & Codes PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN IRISH Supervisor Champagne called meeting to order... RESOLUTION CALLING FOR QUEENSURY BOARD OF HEALTH RESOLUTION NO. 170, 99 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 from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 17th day of May, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE -PATRICIA BERRY NOTICE SHOWN 7:03 P.M. SUPERVISOR CHAMPAGNE-We'll open the public hearing on a sanitary sewage disposal variance for Patricia Berry. Is there anyone here this evening to speak on her behalf? Yes, please, come to the mic if you will and introduce yourself. PATRICIA BERRY-I'm Patricia Berry. SUPERVISOR CHAMPAGNE-Sit right down there and we'll get started. MS. BERRY-Okay, I'm Patricia Berry and I need a new septic system and evidently there isn't enough room in my yard to put two dry wells so I'm going for a variance for one dry well instead. SUPERVISOR CHAMPAGNE-Okay. David, is there anything more you want to add to that? DAVE HATIN, DIRECTOR OF BUILDING & CODES-No, she has a very tight lot and this is the largest system we can get in given the constraints of the lot. COUNCILMAN TUCKER-What's there now, Dave? MR. HATIN, DIRECTOR OF BUILDING & CODES-I'm not sure what the existing system is now. John O'Brien worked with Mrs. Berry to come up with the drawings. SUPERVISOR CHAMPAGNE-How many, are you in the home yourself and MS. BERRY-Two people. SUPERVISOR CHAMPAGNE-Two people. COUNCILMAN MERRILL-Now, it's my understanding that the existing system failed? MS. BERRY-Yes. COUNCILMAN MERRILL-And this is the largest, I believe John has worked with you trying to lay this out? MS. BERRY-Yes, it is. COUNCILMAN MERRILL-And because of the spacing, this is the largest seepage pit you can put in. MS. BERRY -Yes, it is. My problem is, there's a water line on this line under the ground, a gas line on this line under the ground and there's only so much room to put it in. SUPERVISOR CHAMPAGNE-And your neighbors have been notified, I assume. MS. BERRY -Yes, there's one neighbor here I know of. Hopefully she's not objecting to it. SUPERVISOR CHAMPAGNE-We've heard no objections unless there's someone out there that chooses to object. COUNCILMAN MERRILL-And you're working with Mr. Sweet to replace this. MS. BERRY -Yes, he's going to replace it this week if it passes. COUNCILMAN MERRILL-Yes. SUPERVISOR CHAMPAGNE-Okay. Is there anyone else care to speak pro or con, to or for this variance for Mrs. Berry? Hearing none, we'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE FOR PATRICIA BERRY BOARD OF HEALTH RESOLUTION NO.: 23,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Patricia Berry previously filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health grant a variance to allow 251 square feet of absorptive area rather than the required 375 square feet on property located at 3 Colonial Court, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on May 17th, 1999, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variance would 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 granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Patricia Berry for a variance from the Sewage Disposal Ordinance to allow 251 square feet of absorptive area rather than the required 375 square feet on property situated at 3 Colonial Court, Queensbury and bearing Tax Map No.: 92-1-1.170. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RICHARD AND HELEN CUTTING BOARD OF HEALTH RESOLUTION NO.: 24,99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish 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, Richard and Helen Cutting have applied to the Local Board of Health for three (3) variances from Chapter 136 to allow a new seepage pit to be located one-hundred feet (100') from their well, one-hundred forty feet (140') from the north property owner's well and one hundred thirty feet (130') from the northeast property owner's well, all in lieu of the required one-hundred fifty feet (150') setbacks at property located at 4 Barton Place, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 7th, 1999 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Richard and Helen Cutting's sewage disposal variance application concerning their property situated at 4 Barton Place, Queensbury and bearing Tax Map No. 's: 50-1-52 and 50-1-53 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 presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. and Mrs. Cutting's property as required by law. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF FRANCIS KOENIG BOARD OF HEALTH RESOLUTION NO.: 25, 99 INTRODUCED BY: Mr. Theodore Turner 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, Francis Koenig has applied to the Local Board of Health for five (5) variances from Chapter 136 as follows: 1. (136-11(B) of the Town Code requires an applicant to obtain a variance for all holding tanks and the applicant has requested a variance to allow a holding tank; 2. The applicant has requested a variance to locate the proposed holding tank thirty feet (30') from the well in lieu of the required fifty feet (50') setback; 3. Although the applicant proposes to install the holding tank below grade as required by (136-11(B)(18), a variance is requested as the grade will be less than the required fifty feet (50') distance from the radius of the holding tank due to rock ledges; 4. The applicant has requested a variance to locate the proposed holding tank ten feet (10') from a stream in lieu of the required fifty feet (50') setback; 5. The applicant has requested a variance to locate the well two feet (2') from the property line in lieu of the required fifteen feet (15') setback set forth in Appendix C of Chapter 136; NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 7th, 1999 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Francis Koenig's application for five (5) sewage disposal variances concerning his property situated on Hanneford Road, Queensbury and bearing Tax Map No.: Section 19, Block 1, Lot 13 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 presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the Mr. Koenig's property as required by law. Duly adopted this 17th day of May, 1999, 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 BOARD OF HEALTH RESOLUTION NO. 26, 99 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 of the Town of Queensbury. Duly adopted this 17th day of May, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None REGULAR SESSION Discussion regarding Transient Market Public Hearing notice: Supervisor Champagne-Before we jump into these public hearings maybe we can get some assistance here as to where we're going to go with it. I understand the information went to newspaper but for whatever reason, the paper never printed it. Is that correct? Town Counsel Schachner-That's my understanding as well. One option would be, our next meeting is on Monday, June 7th, I believe these transient merchant applications relate to activities proposed to be conducted during Americade. I believe Americade starts either on that same day, Monday, June 7th or perhaps the next day, Tuesday, June 8th. Councilman Irish-One says June 6th. Town Counsel Schachner-Right, that's the, the permit application says because that's when they want to start setting up. Councilman lrish-Oh, okay. Town Counsel Schachner-And by the way, this is not anybody's fault with the town. The Town Clerk's Office timely sent the proper information to the newspaper. The newspaper however did not publish it unfortunately. My suggestion would be that we open the public hearings since we have noticed them to neighbors and it's been posted here at town hall then keep the public hearings open. In the meantime, you'll have to, I talked with Darleen today and their office can send the notices again to the Post Star, they will make sure they're properly published. We could then on June 7th, that night issue whatever approvals we wish to issue. The other thing about that that would change would be that at least one of the applications if not both have not yet been by, reviewed by the Planning Board and we were proposing to approve them, if you're were going to approve them tonight contingent upon a favorable recommendation on site plan from the Planning Board. The Planning Board will in fact review them between now and Monday, June 7th and that will eliminate that contingency. Supervisor Champagne-Okay. So, we'll open the Transient Merchant/Transient Merchant Market License for Terry Robbins on behalf of Dexter Shoes. PUBLIC HEARING - TRANSIENT MERCHANT MARKET - TERRY ROBBINS ON BEHALF OF DEXTER SHOES NOTICE SHOWN 7:10 P.M. SUPERVISOR CHAMPAGNE-Anyone here care to speak to that? Yes, sir. TERRY ROBBINS- My name is Terry Robbins and I'm the manager of the Dexter Shoe Outlet and I'm here on behalf of Lehman Trikes for a Transient Merchant's License for the Americade week. SUPERVISOR CHAMPAGNE-Okay, anyone here to speak against this Transient Merchant's License? CHRIS ROUND, EXECUTIVE DIRECTOR-A question for Mr. Robbins, how does that schedule impact you? MR. ROBBINS-They're set up, they want to set up and be open, I believe it's for the 9th. COUNCILMAN TURNER-The 9th of June, that's what it says here. SUPERVISOR CHAMPAGNE-Yea, it is, according to this. It shouldn't be a problem for these folks. TOWN COUNSEL SCHACHNER-Yea, the proposal as I understood it for this one was that the license would only be good from the 9th until the 12th. COUNCILMAN TURNER-Right. COUNCILMAN IRISH-Okay. SUPERVISOR CHAMPAGNE-Okay, anyone else care to speak? Anything from the board? COUNCILMAN TURNER-No. Weren't they there last year, Mr. Robbins? MR. ROBBINS-Pardon? COUNCILMAN TURNER-Weren't these same people there last year or another year? MR. ROBBINS-Last year and the year before. COUNCILMAN TURNER-Yea, that's what I thought. SUPERVISOR CHAMPAGNE-Okay, so we want to leave this one open. We'll vote it on the 7th, right? COUNCILMAN TURNER-Yea. SUPERVISOR CHAMPAGNE-Okay, thank you sir. MR. ROBBINS-Thank you. PUBLIC HEARING - TRANSIENT MERCHANT MARKET - AMERICAN LEGEND MOTORCYCLE TRAILERS, INC. NOTICE SHOWN 7:12 P.M. SUPERVISOR CHAMPAGNE-Next one we'll open Transient Merchant/Transient Merchant Market License for American Legend Motorcycle Trailers. Anyone here to speak to that? LISA SCHRYER?-Hi, my name is Lisa Schryer and I'm here for the American Legend Motorcycle Trailers. If there's any questions in regards to this transient permit, I'll gladly answer them the best I can. I do have a concern about postponing this. The application states that they wanted to be able to set up on the 6th. TOWN COUNSEL SCHACHNER-I don't have a lot to suggest other then, again, this is nobody within the town's fault. If you wish you could, it seems to me that the easiest thing would be to stay with the current schedule. I don't imagine that the Director of Code Enforcement is likely to have any problem with setting up in advance of the anticipated approval. I can't speak for him but you know, there is such a thing, there is prompt immediate enforcement and there is enforcement that waits a day or two. I understand that people exceed the speed limit on the Northway now and then and sometimes they don't get tickets. COUNCILMAN IRISH-I can't believe that ever happens, Mark. TOWN COUNSEL SCHACHNER-It's hard to imagine. COUNCILMAN IRISH-Nobody ever goes by me. SUPERVISOR CHAMPAGNE-No, they don't. TOWN COUNSEL SCHACHNER... , what speed are you traveling at? COUNCILMAN IRISH-I can't tell you that. SUPERVISOR CHAMPAGNE-I don't have a problem with this, to be very honest with you unless the board feels otherwise. COUNCILMAN TURNER-I don't either, no. COUNCILMAN MERRILL-I don't. SUPERVISOR CHAMPAGNE-Is there anyone else here to speak for or against this variance, or this Transient Merchant License? Hearing none, we're going to leave this open. I guess I would say to you proceed according to original plan. The Planning Board meets on TOWN COUNSEL SCHACHNER-Well the Planning Board is meeting tomorrow night and again, actually the schedule is a little different this month. MR. ROUND, EXECUTIVE DIRECTOR-Monday night. TOWN COUNSEL SCHACHNER-Yea, Monday night the 21st I believe. I'm sorry, the 24th I believe and then there's another special meeting beside. I don't know which agenda. Well, actually I might know which agenda it is. MR. ROUND, EXECUTIVE DIRECTOR-Our Chairman is here, maybe he can help us out. CRAIG MACEWAN-Tomorrow night. MR. ROUND, EXECUTIVE DIRECTOR-This application is on tomorrow night. SUPERVISOR CHAMPAGNE-Both are on tomorrow night? MR. MACEWAN-We've already done the other one, the Dexter one we've already done. TOWN COUNSEL SCHACHNER-Yea, the first application, I just checked, it's already been approved by the Planning Board back in April. MR. ROUND, EXECUTIVE DIRECTOR-There will be a public hearing with the Planning Board project as well, so. SUPERVISOR CHAMPAGNE-Proceed as usual. You'll be hearing from us. MS. SCHRYER-Okay. SUPERVISOR CHAMPAGNE-Thank you. MS. SCHRYER-Thank you. SUPERVISOR CHAMPAGNE-So leave that one open also. CORRESPONDENCE Deputy Town Clerk Barber read the following letters into the record: Queensbury Highway Department ATTN: Paul Naylor Bay & Haviland Roads Queensbury, New York 12804 Dear Paul, Just wanted to thank you and your crew for the great job you did this year in our neighborhood with all the ice. We know it was a lot of work to keep for travel. those streets safe Because so much sand was used, it was also a difficult cleanup this spring. Most of the neighborhood looks great, but I would appreciate if you could come look at North Church Lane. There is still quite a bit of sand on the road and it creates quite a cloud of dust every time a car passes through. It is also difficult for our children to ride their bikes because they are slipping on the sand. Anything you could do would surely be appreciated. Sincerely, Robert Shepitka Mr. Paul Naylor Superintendent of Highways Town of Queensbury 742 Bay Road Queensbury, NY 12804 Dear Paul: This is just a note to thank you and your department for taking care of the dirt and sand along Gurney Lane and Bell Mt. Road and for repairing the corner of our stone wall so promptly. That section of Gurney Lane where the two roads intersect certainly looks a great deal better. Your response in addressing these two requests was most appreciated. Again, thank you, Paul, and please accept my best wishes for a very enjoyable and pleasant spring season. Sincerely, Louis H. Buck Mr. Paul Naylor Superintendent of Highways Queensbury Town Hall Bay Road Queensbury, New York 12804 RE: Birdsall Road, Town of Queensbury, County of Warren Dear Mr. Naylor: I own property located at 113 Birdsall Road in the Town of Queensbury and am writing to express my appreciation for your efforts in clearing the snow and ice from this road during the past winter season. Without the Town's snowplowing and sanding activities, access to my home would have been very difficult. I have spoken to many neighbors on Birdsall Road who have expressed to me their gratitude for the Town's efforts. I would hope that you pass this information along to Mr. Champagne who I am sure was instrumental in bringing these activities about. In addition to the snowplowing and sanding, the Town's filing of the potholes and grading of certain portions of road have made travel much easier. In fact, after the rather harsh winter, the road is currently in need repairs of this nature. I hope you will be sending a crew out soon to address these problems. Please know that your work has resulted in a 100 % improvement in the condition of the road and that I have not heard one complaint about the Town's presence. Sincerely Yours, Paula P. Fitz COMMITTEE REPORTS Councilman Tucker questioned the status of the paving schedule? Mr. Naylor, Highway Superintendent noted that the paving schedule is due any time. Councilman Turner noted that Rick was out today canvassing. Councilman Tucker referred to the dangerous dip due to drainage at the Reardon Road entrance off Corinth Road and also the drainage situation at 419 Luzerne Road. Councilman Turner noted that the Highway Committee would review those situations. OPEN FORUM RESOLUTIONS Kathleen Salvador referred to resolution 6.8, 'Resolution Authorizing Permit for Fireworks Display at West Mountain Ski Center on July 3rd, 1999' and questioned the criteria used to permit or not permit? Deputy Town Clerk Barber noted that the requirements are listed in the resolution. Mrs. Salvador questioned what the procedure would be for those who have fireworks but don't have a permit? Supervisor Champagne recommended calling the Sheriffs Department. Mr. Naylor, Highway Superintendent requested the board to make an addition to the permit that states, no closing of the town roads. RESOLUTIONS 7:20 P.M. RESOLUTION APPOINTING DIANE HERALD TO THE POSITION OF RECREATION AQUATICS SUPERVISOR RESOLUTION NO. 171, 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Parks and Recreation and Town Recreation Commission recommend appointment of a full-time Recreation Aquatics Supervisor in the Parks and Recreation Department, and WHEREAS, the Director and the Recreation Commission posted availability for the vacant, full- time position, reviewed resumes and interviewed interested candidates, and WHEREAS, the Director and Recreation Commission Personnel Committee have made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Diane Herald to the position of Recreation Aquatics Supervisor in the Queensbury Department of Parks and Recreation effective May 17th, 1999 and subject to a six month probation period, and BE IT FURTHER, RESOLVED, that Ms. Herald shall be paid an annual salary of $20,800 to be paid on a weekly basis, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Controller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of May, 1999 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING DRAINAGE WORK AND ACCEPTING RIGHTS-OF- WAYIDRAINAGE EASEMENTS ALONG DINEEN ROAD IN QUEENSBURY RESOLUTION NO.: 172,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to authorize the Town Highway Department to perform drainage work along Dineen Road in the Town of Queensbury, and WHEREAS, in order to properly perform this drainage work, the Town must obtain Drainage Easements from Ronald Kuhl and Robert and Patricia Cote, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Highway Department to perform drainage work along Dineen Road in the Town of Queensbury as recommended by the Town Highway Superintendent, contingent upon receiving Drainage Easements in form to be approved by Town Counsel from both Ronald Kuhl and Robert and Patricia Cote, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and accepts Drainage Easements in form to be approved by Town Counsel from Ronald Kuhl and Robert and Patricia Cote, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to complete and execute the documents associated with the Drainage Easements and to take any further action necessary to effectuate the terms of this Resolution including paying any necessary filing fees and further authorizes Town Counsel to file and record these documents with the Warren County Clerk's Office. Duly adopted this 17th day of May, 1999 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION RESCINDING RESOLUTION NO.: 155,99 AUTHORIZING SALE OF PARCEL OWNED BY TOWN OF QUEENSBURY TO OWNERS OF QUEENSBURY PLAZA RESOLUTION NO.: 173,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, on May 3rd, 1999, the Town Board of the Town of Queensbury adopted Resolution No.: 155,1999 which Resolution authorized the sale of a parcel ofland located at the end of Bank Street adjacent to Queensbury Plaza to the owners of the Queensbury Plaza, and WHEREAS, the Town Board believed at that time that the parcel was not part of a Town highway, and WHEREAS, it has subsequently been discovered that such parcel was not located near the end of Bank Street but was, in fact, part of Bank Street, and WHEREAS, the Town neither wishes to sell part of a Town highway nor has authority to do so until it is formally discontinued or abandoned, and WHEREAS, the Town Board therefore wishes to rescind Resolution No.: 155, 1999, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds Resolution No.: 155 1999, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING PURCHASE OF TWO CEMETERY LOTS FROM CHARLES E. DOWN AND CHARLES E. DOWN, JR. RESOLUTION NO. 174, 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Richard Merrill WHEREAS, the Town of Queensbury Cemetery Commission previously sold two cemetery lots (Lot #5-F and Hudson #1) in the Pine View Cemetery to Charles E. Down and Charles E. Down, Jr., and WHEREAS, Messrs. Down wish to sell the cemetery lots back to the Cemetery Commission, and WHEREAS, the Cemetery Commission recommends the purchase of the cemetery lots and is now requesting approval from the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Cemetery Commission's purchase of Lot #5F and Hudson #1 from Charles E. Down and Charles E. Down, Jr., for the total sum of $457, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Cemetery Superintendent to arrange for the payment of $457 to Charles E. Down and Charles E. Down, Jr., and proper accounting of the sale in the Town's books and records. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 175,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, certain Town Departments have requested fund transfers for the 1999 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the transfer of funds and the amendment of the 1999 Town Budget as follows: CEMETERY: FROM: TO: $ AMOUNT: 02-8810-2020 (Vehicle Purchase) 02-8810-4111 (Central Fleet - Vehicle) 3,000. 02-8810-2020 (Vehicle Purchase) 02-9950-9103 (Trans to Equip Res) 2,000. FIRE MARSHAL: FROM: TO: $ AMOUNT: 01-3410-2020 (Vehicle Purchase) FIRE MARSHAL: 01-3410-4111 3,500. (Central Fleet - Vehicle) FROM: TO: $ AMOUNT: 01-3410-2020 (Vehicle Purchase) 01-8020-4111 1,500. (Planning Central Fleet - Vehicle) 01-3410-2020 (Vehicle Purchase) 01-1640-4400 16,000. (Central Fleet-Misc. Contractual) SOLID WASTE: FROM: TO: $ AMOUNT: 910-9950-9112 (Transfer to Equip Res) 910-8160-4111 (Central Fleet - Vehicle) 3,000. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AMENDING RES. 158.99 REGARDING AMENDMENT TO TOWN BUDGET RESOLUTION NO.: 176,99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 158.99, the Queensbury Town Board authorized an amendment to the 1999 Town Budget, and WHEREAS, the Town Controller's Office has advised that the Resolution should have amended the 1998 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 158.99 to authorize amendment of the 1998 Town Budget. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING PARTICIPATION IN FINANCIAL ASSISTANCE TO BUSINESS PROGRAM AND FILING OF APPLICATION WITH NEW YORK ST ATE ENVIRONMENTAL F ACILITIES CORPORATION RESOLUTION NO.: 177,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, pursuant to the Clean Water/Clean Air Bond Act of 1996, being Chapter 413 of the Laws of New York of 1996, the New York State Environmental Facilities Corporation (the "Corporation") through the Financial Assistance to Business Program (the "F AB Program") is authorized to provide State assistance to villages, towns and cities with a population of less than one million for small business environmental compliance assistance projects which enhance the quality of the air or waters of the State through compliance with environmental laws and regulations or to remedy or prevent environmental deficiencies, and WHEREAS, the Town Board of the Town of Queensbury (hereinafter, the "Municipality") after due consideration, has determined that participation in the F AB Program is desirable and in the public interest, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: 1. The filing of an application or applications with the Corporation for financial assistance under the F AB Program in the form required by the Corporation is hereby authorized, including all understandings and assurances contained in said application. 2. The Municipality hereby authorizes and directs Fred Champagne, Town Supervisor, as the official representative of the Municipality to identify entities that will participate in the F AB Program, to execute and deliver said application(s), to execute and deliver any other documents necessary for participation in the F AB Program, to provide such additional information as may be required and to take all actions on behalf of the Municipality as may be required in order to effectuate the intent and purpose of this Resolution. 3. The Corporation is hereby authorized on behalf of the Municipality to deliver payments made pursuant to the F AB Program directly to the entities identified above or such further entities as may from time to time be named by the individual identified in paragraph 2 above. 4. A certified copy of this Resolution shall be prepared and delivered to the Corporation as part of said application. 5. This Resolution shall take effect immediately. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY AT WEST MOUNTAIN SKI CENTER ON JULY 3RD, 1999 RESOLUTION NO.: 178,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Bay Fireworks, Inc., on behalf of Entertronics, Inc. - WCKM Radio Station, has requested permission to conduct a fireworks display as follows: SPONSOR: WCKM FM/ AM Radio Station PLACE: West Mountain Ski Center DATE: July 3, 1999 TIME: 10:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk, in accordance with ~405 of the New York State Penal Law, to issue a fireworks permit subject to the following conditions: A. The applicant must file a permit application which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2.The date and time of day at which the display is to be held. 3.The exact location planned for the display. 4.The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5.The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7.A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. The applicant must submit proof of insurance which demonstrates insurance coverage through an insurance company licensed in the State of New York, lists the Town of Queensbury as an additional insured and contains a hold harmless clause to protect the Town of Queensbury; C. The Queensbury Fire Marshal and Chief of West Glens Falls Volunteer Fire Co., Inc., must inspect and approve the area; D. The applicant must complete clean-up of all debris, including all unexploded shells, in the area by 10:00 a.rn. the following day; and BE IT FURTHER, RESOLVED, in accordance with ~405 of the New York State Penal Law, the Town Clerk's permit or letter of authorization must provide: the actual point at which the fireworks are to be fired. This point shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display, and BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Clerk, when issuing the permit to include a notation that the applicant shall not be involved in any closure of municipal roads. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None DISCUSSION BEFORE VOTE: Discussion held regarding the Highway Superintendent's request and Counsel Schachner proposed adding to the resolution something directing the Town Clerk when issuing the permit to include a notation that the applicant shall not be involved in any closure of municipal roads. (resolution amended and vote taken) RESOLUTION REQUESTING COORDINATED REVIEW AND SEQRA LEAD AGENCY STATUS FOR PROPOSED CONSTRUCTION & DEMOLITION DEBRIS (C&D) LANDFILL RESOLUTION NO.: 179,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury wishes to establish a Construction and Demolition Debris (C&D) Landfill within the Town of Queensbury, and WHEREAS, the Town Board engaged the engineering design services of C. T. Male Associates, P. C to prepare an Application to Construct and Operate a C&D Landfill, a copy of a draft application having been presented at this meeting, and WHEREAS, the Town's Executive Director of Community Development has prepared and presented at this meeting a completed Part 1 of a Long Environmental Assessment Form, and WHEREAS, the Town Board wishes to conduct a coordinated review of this project and be designated as SEQRA Lead Agency, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish to be SEQRA Lead Agency to conduct a coordinated review of the proposed Construction & Demolition Debris (C&D) Landfill project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of this Resolution, Environmental Assessment Form, any necessary supporting documentation and intent to serve as SEQRA Lead Agency, with a request to respond within 30 days, to any agencies that may be involved for SEQRA purposes. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY EVERGREEN BANK RESOLUTION NO.: 180,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Evergreen Bank has commenced Article 7 real property assessment review cases against the Town of Queensbury for the 1995, 1996, 1997 and 1998 assessment years, and WHEREAS, the Town Board of the Town of Queensbury has reviewed these cases with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, and WHEREAS, the Queensbury Union Free School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 cases against the Town of Queensbury by Evergreen Bank in accordance with the following revised assessment value: Tax Map No.: Tax Years: New Combined Assessment: 103-1-3 and 103-1-4.1 103-1-3 and 103-1-4.1 103-1-3 and 103-1-4.1 103-1-3 and 103-1-4.1 1995/1996 1996/1997 1997/1998 1998/1999 $1,171,200. $1,171,200. $1,171,200. $1,171,200. and BE IT FURTHER, RESOLVED, that the settlement shall be without refunds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Irish, Mr. Merrill, Mr. Turner, Mr. Champagne NOES Mr. Tucker ABSENT: None RESOLUTION ACCEPTING RESIGNATION OF CURRENT MEMBERSIDIRECTORS OF QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION (QEDC) AND APPOINTING NEW MEMBERSIDIRECTORS RESOLUTION NO.: 181,99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 29, 1999, the Town Board of the Town of Queensbury appointed the members of the Town Board as MembersIDirectors of the Queensbury Economic Development Corporation (QEDC) on an interim basis until such time as the Town Board appointed new MembersIDirectors, and WHEREAS, QEDC met with members of the community interested in serving on the QEDC, and so the Town Board Members now wish to resign from the QEDC and appoint new MembersIDirectors, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board Members hereby resign from the Queensbury Economic Development Corporation (QEDC) and hereby appoint the following people as new MembersIDirectors effective May 18th, 1999: 1. Lou Buck 1 Year Term 2. Dave Capron - 1 Year Term 3. Bern Zovistoski 1 Year Term 4. Jon Lapper 2 Year Term 5. Mark Walaska - 2 Year Term 6. Paul McPhillips 3 Year Term 7. Bela Mustis 3 Year Term 8. Glens Falls Hospital Rep. 3 Year Term 9. Kathleen DuBois Ex-Officio Member and Treasurer 10. Christopher Round Ex-Officio Member 11. Warren Rosenthal Ex-Officio Member Duly adopted this 17th day of May, 1999 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADDITIONAL PAYMENT TO COMPRO FOR PREPARATION OF QUARTERLY TOWN NEWSLETTER RESOLUTION NO.: 182,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Resolution No.: 155,98, the Town Board of the Town of Queensbury authorized the services of COMPRO to prepare a quarterly Town Newsletter for an amount not to exceed $4,410 per Newsletter, and WHEREAS, COMPRO has advised the Town Board that due to an unexpected increase in the cost of paper, the cost of the fourth quarterly Newsletter will exceed the previously approved amount of $4,410 per issue by the amount of $792.10, and WHEREAS, the Town Board wishes to authorize payment to COMPRO for the additional amount of $792.10, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs payment in the additional amount of $792.10 to COMPRO for preparation of the fourth quarterly Town Newsletter to be paid for from Account No.: 01-6410-4400. Duly adopted this 17th day of May, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None PLANNED DISCUSSIONS OLD BUSINESS Town Board held discussion regarding proposal for professional services from Chazen Engineering regarding the Kiley Lane and Willow Road Drainage System... board agreed to discuss further and possibly consider taking action at the next regular board meeting. Mr. Round, Executive Director gave update regarding proposed Model Stormwater Management Ordinance, the Guide for Minor Projects for Stormwater Management (on file in the Clerk's Office) and reviewed schedule for public hearing. NEWS BUSINESS Councilman Irish read the following letter into the record: Dear Members of the Town Board: The Members of the Queensbury Little League Board of Directors would like to make a formal request of the Queensbury Town Board for some financial assistance. We would be extremely grateful if the Town Board would support our request for fifteen thousand dollars. This money would allow us to make some much needed field repairs, safety improvements and would also allow us to make some registration fee reductions. The Queensbury Little League Organization is over forty years old and has steadily grown from it's initial single field and tiny concession stand with no running water to the present six field complex with irrigated fields, bathroom facilities, larger concession stand and storage garage. This year we're providing softball and baseball to over eight hundred and twenty children ages six to sixteen, all of whom are Queensbury residents. These eight hundred and twenty children presently make up sixty-nine teams and eleven different divisions. Over the years, Queensbury Little League has qualified numerous teams for the New York State Little League Tournaments. Some of the more recent on field accomplishments include the twelve year boys and girls making it to the State Finals in 97 and in 1995, the fifteen year old boys won the State Championship. These are but a few of the many accomplishments both on and off the field that have been realized by the thousands of children who have participated in Queensbury Little League program. We hope that you'll be able to support the children of Queensbury. Thank advance for your sincere consideration. youm Signed by the Queensbury Little League Board of Directors Town Board held brief discussion and agreed to schedule a meeting with the officers in the near future to discuss further. OPEN FORUM 7:50 P.M. Mr. Naylor, Highway Superintendent referred to the earlier comment by Councilman Tucker regarding the dangerous dip at the corner of Reardon and Corinth roads and stated that it's under the Town Board's ownership and therefore responsibility.... Referred to Fuller Road and it being over again. Town Counsel Schachner agreed. Mr. Richard Bennett, Jenkinsville Road, Queensbury referred to the proposal for municipal water service for his neighborhood and questioned the need.... requested the town to survey the residents in that area on whether or not they feel there is a need, an interest first, before going any further with the grant application or engineering studies. Supervisor Champagne agreed that surveying those residents would be doable. Mr. John Salvador referred to the letters addressed to Mr. Naylor that were read into the record earlier in the evening and noted that he has two letters that he had addressed to Paul Naylor in recent weeks and would like to bring them to the attention of the board in the form of a letter that's addressed to the Town Board: On April 28th my wife and I appeared before the Queensbury Zoning Board of Appeals seeking four feet of setback relief from the thirty feet required rear yard setback for the cabin on the lake project. As you know, all other variances requested have been approved for the construction of this project to proceed. The ZBA tabled our application for an area variance in order that an accurate map that both parties agree to can be developed. The ZBA defined the parties as ourselves and the Town of Queensbury or it's representative. The issue centers around the accurate location of the Dunham Bay Road. A seventeen foot wide shoulderless one way town road by use. We approached Mr. Naylor, the Town Superintendent of Highways with the request that he layout the center line of the Dunham Bay Road. Our letters of April 29th and May 5th to Mr. Naylor have gone unanswered. The purpose of this letter is to request the Town Board's intervention in this matter, particularly our ward supervisor, Mr. Merrill who serves as well with Mr. Turner on the town's highway, Town Board's Highway Committee and of course our Town Supervisor Mr. Champagne who experienced the need for an accurate road relocation in order to determine true setbacks are all being called upon at this time to help expedite this matter. Your every effort would be very much appreciated. Mr. Salvador noted that the two letters he sent to Mr. Naylor are attached to this one addressed to the board. (distributed to the board members)... referred to Resolution Rescinding Resolution No. 155, 99 concerning a town road, the side comments about this being a deeded road and noted that if in fact this is a deeded road, the town doesn't simply abandon this road... referred to the bed tax discussions being held at the county level and noted for the record that Essex County legislature has not approved the bed tax request.... referred to today's article in the paper, local wetlands rules are possible and recommended again that the town map their wetlands... read the following letter into the record: As the construction of sidewalks flanking Route 9 between Sweet Road and State Route 149 near completion, it is not too early for the Town Board to begin thinking about the necessary maintenance and snow removal activities which are soon to follow. New York State Highway Law Article 7, entitled, "Town Highways" and Section 140 thereof entitled, "Duties and Responsibilities of the Town Superintendent" enumerates in paragraph 18 the Town Superintendent shall: "Maintain all sidewalks in the town constructed by the state adjacent to state highways and all sidewalks in the town constructed by the county adjacent to county roads and when authorized by the Town Board cause the removal of snow therefrom and the cost thereof shall be paid from the miscellaneous or other town funds". It appears that maintenance of all sidewalks in the town constructed by the state adjacent to state highways is the responsibility of the Town Superintendent. Does this mean then, that the costs for such maintenance would have to be provided for from within the total annual maintenance budget for the Queensbury Town Highways? Are there any estimates for what this might cost the taxpayers of the Town of Queensbury? Snow removal on the other hand becomes the responsibility of the Town Superintendent only when authorized by the Town Board. Funds to cover snow removal are to be allocated from the town funds other then those allocated for town highway maintenance as snow removal. Are there any estimates for what this might cost the taxpayers of the Town of Queensbury? Any way you view this, the bottom line is that the cost of maintenance and snow removal from these sidewalks is a town wide taxpayer responsibility and must be budgeted for annually from now on. The only indeterminate is whom will the town elect and pay for the snow removal. I would be interested in the town's plan of approach on this sidewalk matter and particularly the forecasted cost thereof.. (Mr. Salvador submitted letter to the board) Mr. John Strough questioned whether the Cracker Barrel rezoning has been scheduled for the June 7th Town Board Meeting? Supervisor Champagne announced that it would be either June 7th or June 21st. Mr. Strough questioned how much notification the town will give to the public? Town Counsel Schachner noted there are no legal requirements of notice, that's up to the board. Mr. Strough suggested that a couple of weeks notice would be fair. Councilman Merrill recommended setting a meeting on the 7th for the 21 st, if all the information is available and ready to go. Mr. Strough agreed. Mr. Glen Lunt, Carleton Drive referred to the Cracker Barrel rezoning and noted, I would hope that the board doesn't make this a political agenda. The people in our neighborhood don't have a political agenda. We have our homes that we have to have access to and that's the only agenda that we have and I would hope that the board would consider that. Ms. Beverly Kerr, Garrison Road referred to the Cracker Barrel rezoning and requested that an announcement be placed in the paper as to when the vote is going to take place. Mrs. Salvador noted concern with the willy nilly approval of sewer variances without having all the available information. Supervisor Champagne noted that he bases the approval on the department head's expertise and their recommendation. Mr. Naylor, Highway Superintendent noted that he did not respond to Mr. Salvador's letter because Mr. Salvador was mailed maps by the town's engineer and the town's surveyor. Mr. Lew Stone, Member of the Zoning Board of Appeals, would like to set the record state in terms of Mr. Salvador, we could not grant a variance on the night that he appeared before us because there was a dispute, we could not write in our motion the exact relief we would be willing to grant, there was a dispute, we had two maps in front of us so we tabled it. Mr. Dennis Brower questioned the status of Queensbury Forest? Supervisor Champagne noted that Mr. Nace, the town's engineer has been to the site, he's reduced the options to possibly one with a second alternative, both are being further investigated to see if one is more feasible then the other. Mr. Brower questioned the status of the phone system and the class action suit? Mr. Henry Hess, Controller noted that the latest communication from Counsel Ben Pratt is that the class action suit is proceeding with or without us, at some point we may get in but that's up to the Town Counsel and the Town Board. Mr. Brower questioned whether the vendor, Lucent Technologies will make the town's phone system Y2K compliant? Mr. Hess, Controller noted that if the town pays them, they will but not voluntarily. Mr. Brower recommended paying Lucent to become Y2K compliant and then join the class action suit. Mr. Hess, Controller noted, at some point we will pay thern... we are going to come to the board with a proposal to become Y2K compliant despite what happens with the class action suit, we have need to do that, we can't let the phone system fail. OPEN FORUM CLOSED 8:30 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 183, 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a personnel issue. Duly adopted this 17th day of May, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION AND ADJOURN THE REGULAR TOWN BOARD MEETING RESOLUTION NO. 184, 99 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 Executive Session and enters Regular Session of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 17th day of May, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY