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1999-08-16 REGULAR TOWN BOARD MEETING AUGUST 16,1999 7:00 P.M. MTG.#26 RES. 264-280 BOH 40-41 LL#6 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN PLINEY TUCKER BOARD MEMBER ABSENT COUNCILMAN DOUGLAS IRISH TOWN COUNSEL BEN PRATT TOWN OFFICIALS Rick Missita, Highway Superintendent Ralph VanDusen, Water & Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent Chris Round, Executive Director of Community Development Dave Hatin, Director of Building and Codes Henry Hess, Controller Michelle Weller, Purchasing Manager Bill Shaw, Computer Technology Coordinator PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. : 264, 99 INTRODUCED BY: Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Regular Session and enter as the Queensbury Board of Health. Duly adopted this 16th day of August, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Irish 1.0 QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - HOWLAND CONSTRUCTION NOTICE SHOWN 7:01 P.M. SUPERVISOR CHAMPAGNE-Okay, we'll open the public hearing on the sewer variance for Howland Construction. Anyone here to speak in favor of that proposal? Do you want to step to the front here or do you have someone here? Do you want to just give us a little over view of how you see this working and what's happening? DEAN HOWLAND-My name is Dean Howland, I'm the one who asked for the variance request for the owners. Basically, what it is, there's an existing system that's been there since 19, I think 70,68, 70 and it still works but we're going to try to be upgrading the house this fall and we just thought that maybe it would be a good idea to request an upgrade for the septic system. SUPERVISOR CHAMPAGNE-Where are we the house plans at this point? MR. HOWLAND-I'm sorry, the house is existing. It's an existing SUPERVISOR CHAMPAGNE-I understand that but you said you were going to upgrade the house this fall. Is that what I heard you say? MR. HOWLAND-Well, we've been through the Zoning Board of Appeals for SUPERVISOR CHAMPAGNE-Okay. MR. HOWLAND-Basically, we're going back to them but we're not increasing the square footage or anything, we're just changing windows and stuff. COUNCILMAN MERRILL-As I understand it, the new system will be on the same site as the old. MR. HOWLAND-That's correct, that's the only place that it could be installed, yes. COUNCILMAN MERRILL-So, there's no change in distances. MR. HOWLAND-No, no, they're all existing. COUNCILMAN MERRILL-And it will be sized for a three bedroom home. MR. HOWLAND-Correct, it's an existing four bedroom home at the moment but we're losing one bedroom in the remodeling process. COUNCILMAN MERRILL-Okay. SUPERVISOR CHAMPAGNE-Anyone else from the public care to speak? COUNCILMAN MERRILL-The spacing from the lake which is a critical factor, is a hundred and twenty feet so you're well within the requirement there. I've reviewed it in some detail with Dave Hatin and I find no problem with it. SUPERVISOR CHAMPAGNE-Okay. Dave, do you have anything to add to that? MR. HATIN, DIRECTOR-No, it's all been said. SUPERVISOR CHAMPAGNE-Okay. Anyone else care to speak for or against this proposal? PUBLIC HEARING CLOSED RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCES FOR HOWLAND CONSTRUCTION INC./DEAN HOWLAND, JR. BOARD OF HEALTH RESOLUTION NO.: 40,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Howland Construction, Inc./Dean Howland, Jr., previously filed an application for three (3) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health grant variances to allow: 1. A pumping station to be located thirty feet (30') from Lake George rather than the required fifty feet (50') setback; 1. The leach field to be located five feet (5') from the property line rather than the required ten feet (10') setback; 1. The vertical distance from the base of the leach field to the seasonal high groundwater mark to be two feet (2') rather than three feet (3') as required; on property owned by Steven and Cathie Schonwetter and located on Holiday Point Road, 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 requests on August 16th, 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 variances, it is felt that the variances 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 a) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances 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 Howland Construction Inc./Dean Howland, Jr., for three (3) variances from the Sewage Disposal Ordinance to allow: 1. A pumping station to be located thirty feet (30') from Lake George rather than the required fifty feet (50') setback; 1. The leach field to be located five feet (5') from the property line rather than the required ten feet (10') setback; 1. The vertical distance from the base of the leach field to the seasonal high groundwater mark to be two feet (2') rather than three feet (3') as required; on property owned by Steven and Cathie Schonwetter and located on Holiday Point Road, Queensbury, and bearing Tax Map No.: 16-1-24.1. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION ADJOURNING QUEENBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO. 41, 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 16th day of August, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mr. Irish REGULAR SESSION 2.0 PUBLIC HEARING PUBLIC HEARING - PROPOSED EXTENSION NO.5, CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT NOTICE SHOWN 7:06 P.M. SUPERVISOR CHAMPAGNE-Anyone care to speak, an open public hearing on the proposed extension number 5, sewer district going up Route 9? We've got a quiet group here this evening. TOM HUTCHINS-My name is Tom Hutchins. I did the engineering, the utilities engineering for the proposed Sleep In Motel. We are here to request an extension of the Central Queensbury Quaker Road Sewer District to include three parcels on the east side of Route 9 in the area of the Ponderosa across from Wal-Mart. One parcel contains the Ponderosa, the parcel just north of that is the site of the proposed motel which has Site Plan approval, I believe at this point and there's a third parcel behind those two which we also request be included in the district extension. They're all currently under common ownership. The way we propose to facilitate connection is by installation of an eight inch gravity sewer across Route 9 to a manhole that is at the end of the existing sewer basically in front of the Queen Ann, I think it's the SUPERVISOR CHAMP AGNE- The Queen Ann Diner. MR. HUTCHINS-Yes. We have an application with DOT for a work permit to complete that work. That is in the process of review by DOT and that's the summary. COUNCILMAN TURNER-Is that going to be a direct boor, Mr. Hutchins? MR. HUTCHINS-That will be a cased, yea, twenty-four inch casing with an eight inch gravity. SUPERVISOR CHAMPAGNE-Okay, anyone else care to speak? Mike, do you have anything to add to this other then to say, we welcome everyone and anyone to join in our sewer district. We can say that I guess in all honesty. Glad to have you on board. Anything else Mike, that you want to add. MIKE SHAW, DEPUTY DIRECTOR OF W ASTEW ATER-It's another positive effect for the Quaker Road Sewer District... SUPERVISOR CHAMPAGNE-Have you projected your usage for water and sewer. MR. HUTCHINS-Yea, there are projected revenues within the report. I don't know if you have a copy in front of you. SUPERVISOR CHAMPAGNE-I didn't see it. MR. HUTCHINS-There are projected revenues for the district as well as .... SUPERVISOR CHAMPAGNE-Great. Okay. Anyone else care to speak? Thank you. PUBLIC HEARING CLOSED 7:10 P.M. Chris Round, Executive Director lead the Town Board through the following Short Environmental Assessment Review: A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 6l7.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in Cl-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING EXTENSION NO.5 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO.: 265, 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker Road Sewer District Extension No.5, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Irish DISCUSSION BEFORE VOTE: DENNIS BROWER, Queensbury referred to the restaurant that will be connected to the sewer and questioned how it affects the rest of the system? RALPH VANDUSEN, Water Superintendent noted, the same regulation applies to any restaurant that's currently on or would like to come on to the sewer district, a grease separator is installed, appropriately sized so that the grease gets separated prior to that flow. MR. BROWER- questioned whether it would be possible to for further extensions? MR. VANDUSEN, Water Superintendent noted, the line is sized to handle some future flow, obviously it's not unlimited.... (vote taken) RESOLUTION APPROVING EXTENSION NO.5 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 266, 1999 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker Road Sewer District Extension No.5, and WHEREAS, Everest Enterprises, LLC (the "Developer") has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, a Map, Plan and Report has been prepared by Haanen Jenkin & Hutchins, LLC, engineers licensed by the State of New York, regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve the Ponderosa Restaurant and an 80 unit Sleep Inn Hotel to be constructed by the Developer located along Route 9 just north of the Ponderosa Restaurant, Queensbury, such area consisting of parcels bearing Tax Map No.'s: 71-2-2 and 71-2-14.2 as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system., a report of the proposed sewer system and method of operation, and WHEREAS, on August 2nd, 1999, subsequent to the filing of the Plan with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District; (h) that all the expenses of the district, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on August 16th, 1999 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board of the Town of Queensbury wishes to establish the proposed Sewer Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article l2A, and consolidate the Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law ~206-a, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that: I.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; I.All property and property owners within the extension are benefited; I.All property and property owners benefited are included within the limits of the extension; l.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension NO.5 to the existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk as more specifically described as follows: All that piece or parcel ofland, situate in the Town of Queensbury, Warren County, New York, lying along the easterly side of NYS Route 9 and southerly of Sweet Road and being further bounded and described as follows: Beginning at a point in the easterly line ofNYS Route 9 at the division line oflands N/F ofY.W. Weeks (occupied by Gambles Bakery) to the north and lands ofD&C Management Associates, Inc. to the south and runs thence along said division line S870-36"-30"E 234.86' to a point in the easterly line of the aforesaid Y.W. Weeks, thence along said easterly line N060-58'-30"W 100.0' to a point in the southerly line of Sweet Road; thence along said southerly line S870-36'-30"E 75.70' to a point in the westerly line oflands N/F of George and Donald Weeks; thence along said westerly line S060-5l '-OO"E 200.0' to a point in the southerly line of the aforesaid George and Donald Weeks; thence along said southerly line S870-36'-30"E 208.0' to a point in the westerly line of Montray Road; thence along said westerly and northerly lines of Montray Road the following five courses S060-5l '-OO"E 153.80' to a point; thence S060-08'-30"E 305.43' to a point of curvature; thence on a curve to the right of radius 204.90', a distance of 156.70' to a point of compound curvature; thence continuing on a curve to the right of radius 315.0' a distance of 321. 94' to a point of tangency and N830-46'-00"W 84.70' of D'Angelo; thence along said easterly and northerly line of said D'Angelo the following two courses N060-l4'-00"E 250.0' to a point and N830-46'-00"W 217.80' to a point in the easterly line ofNYS Route 9; thence along said easterly line the following three courses N080- 22'-1O"E 176.10' to a point; thence NOl o-13'-OO"E 266.58' to a point and N060-20'-30"W 123.93' to the point or place of beginning, containing 8.85:1: acres ofland. ALL THAT TRACT, PIECE OR PARCEL OF LAND, situate in the Town of Queensbury, Warren County, New York, lying along the easterly side ofNYS Route No.9, southerly of Sweet Road and being further bounded and described as follows: Beginning at a point in the easterly line of NYS Route NO.9 at the division line oflands N/F of Y. W. Weeks (occupied by "Gambles Bakery") to the north and lands ofD&C Management to the south, and runs thence easterly along said division line S870-36'-30"E, 234.86' to a point in the easterly line of the aforesaid Y.W. Weeks; thence along said easterly line N060-58'-30"W, 100.0' to point in the southerly line of Sweet Road; thence along said southerly line S870-36'-30"E, 75.70' to a point in the westerly line oflands N/F George Weeks and Donald Weeks; thence along said westerly line S-060-5l '-OO"E, 200.0' to a point of intersection of the southerly line of the aforementioned George Weeks and Donald Weeks; thence continuing southerly through lands ofD&C Management S060-5l'-00"E, 285.0' to a point in the northerly line of the Ponderosa Restaurant; thence along said northerly line N830-46'-00"W, 349.34' to a point in the easterly line ofNYS Route No.9; thence along said easterly line the following two courses NOl o-13'-OO"E, 234.19' to a point and N060-20'-30"W, 123.93' to the point or place of beginning, containing 2.90:1: acres of land. The above described parcel is subject to two easements along the southerly line of the above described parcel. Easement Along Southerly Line of Lot NO.1 Beginning at a point in the easterly line ofNYS Route NO.9 where it is intersected by the northerly line of the Ponderosa Restaurant parcel and runs thence along the easterly line ofNYS Route NO.9 NO! 0_13'_ OO"E, 15.06' to a point; thence easterly and southerly through lands previously described (2.90:1: acres), S830-46'-00"E, 347.17' to a point and S060-5l'-00"E, 15.40' to a point in the northerly line of the Ponderosa Restaurant parcel; thence along said northerly line N830-46'-00"W, 349.34' to the point or place of beginning. Being a 15' wide easement entirely within Lot #1 Parcel. A 30 x 30 Easement to the Town of Queensbury Beginning at a point in the easterly line ofNYS Route No.9, said point being distant the following two courses from the division line oflands N/F ofY.W. Weeks to the north (occupied by "Gambles Bakery") and lands ofD&C Management to the south S060-20'-30"E, 123.93' to a point and SOlo-13'-OO"W, 211.66' to the point of beginning and runs thence the following three (3) courses through lands of the aforesaid Kapoor S830-46'-00"E, 30.0' to a point; thence SOlo-13'-OO"W, 30.12' to a point; thence N830-46'-00"W to a point in the easterly line ofNYS Route No.9, thence along said easterly line NOlo-13'-OO"E, 30.12' to the point or place of beginning, containing 0.026:1: acres ofland. 5. In accordance with ~206-a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Central Queensbury Quaker Road Sewer District Extension No.: 5 in accordance with the boundaries and descriptions set forth herein and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 1. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 1.A permissive referendum in the manner provided in New York State Town Law Article 7; and 1. The adoption of a Final Order by the Town Board of the Town of Queensbury; and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes an Agreement substantially in the form presented at this meeting and in form acceptable to Town Counsel between Everest Enterprises, LLC and the Town of Queensbury on behalf of the Central Queensbury Quaker Road Sewer District and authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and l2-A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Irish PUBLIC HEARING - PROPOSED LOCAL LAW - PROVIDE PARTIAL TAX EXEMPTION FOR PERSONS WITH DISABILITIES NOTICE SHOWN 7:15 P.M. SUPERVISOR CHAMPAGNE-Okay, we'll open the public hearing on the proposed local law, to provide partial tax exemption for persons with disabilities. Anyone here to speak on behalf of that new law that's proposed? Yes. UNKNOWN-What are you asking, if there's anybody interested in this? SUPERVISOR CHAMPAGNE-We're just asking if you have any comments? Do you favor it, have you opposition to it, just so that the board can hear what the general public has to offer. UNKNOWN-Well, I'm very interested. SUPERVISOR CHAMPAGNE-Okay, we'll listen to what she has to say and then certainly, we'd be glad to have you come to the mic. VERN HALL-My name is Vern Hall, I live in Queensbury. I'm the instigator of this, I started last November, for more then one reason it got side tracked but I'm glad to see that it's coming before the public now. The reason I started it, is that I have four children, two of them are on total permanent social security disability. They are both men, one marriage survived, one didn't. I don't know if any of you have been in the position of being out of work for reasons and having your wife work and counting on her to bring home the bacon but some times it does things to a marriage. Is there any information on this? Is anything in writing yet as to how the laws going to read? SUPERVISOR CHAMPAGNE-Yea, the law has been prepared. Actually, it starts out, it's very similar to our senior citizens exemption in terms of income and if you're income is less than seventeen thousand five hundred, you get fifty percent reduction on your taxes. If, and then there's a scale, Vern that actually de- escalates, some place here, in other words from seventeen five, if your income is between seventeen five and eighteen five, it reduces to forty-five percent and onward to twenty-three two. So, twenty-three thousand two hundred dollars annual income, it's there at twenty percent. Anything beyond that, obviously you're back to a hundred percent taxation. MS. HALL-Okay. This is the pamphlet that I got from Betty Little's office when I started on this and if I could just read a few short parts in it perhaps for those that aren't familiar with what we're trying to do. New York State law gives local governments and public school districts that option of granting a reduction in the amount of property taxes paid by qualifying persons with disabilities and then it goes on to state what you just went through about the income and it has no relation to STAR. It's nothing to do with STAR. There are people who are thirty to forty to fifty years old who can't work anymore, never will be able to work. SUPERVISOR CHAMPAGNE-Understand that. MS. HALL-And in the case of a husband or a wife, if they own the property, they're qualified for it, only one has to be disabled. SUPERVISOR CHAMPAGNE-Yea, that's spelled out here in the law. MS. HALL-Okay. In addition to my children, I'm a charter member of the New York State Head Injury Association, the local group and those people, there are quite a few in that group. I don't think you're going to be inundated with requests for this. I don't think it's going to be woe the budget but I feel that the people that need it, really need it and they should be considered. SUPERVISOR CHAMPAGNE-Good. Yes, Ma'am, do you want time to speak into the mic relative to your feelings about this? UNKNOWN-Other then I'm permanently disabled and we just don't get any, you know, you don't get tons of money in all the time and we need help. SUPERVISOR CHAMPAGNE-Okay, thank you. John. MR. JOHN SALVADOR-My name is John Salvador, just a couple of questions? Persons with disabilities is that clearly defined in the legislative enactment? SUPERVISOR CHAMPAGNE-Somewhere in here it has to be COUNCILMAN TURNER-Section 155-5 Definitions, Persons with disabilities ..a person with, this is the definition. Person with a disability shall mean a person who has a physical or mental impairment not due to the current use of alcohol or illegal drugs, which substantially limits such person's ability to engage in one or more major life activities, such as caring for one's self, performing normal tasks, walking, seeing, hearing, speaking, breathing, learning and working and who is certified to receive social security disability insurance or supplemental social security benefits under the federal Social Security Act or is certified to receive Railroad Retirement Disability benefits under the federal Railroad Retirement Act or has received a certificate from the State Commission for the blind and Visually Handicapped stating that such person is legally blind. MR. SALVADOR-So, the town will not have to determine whether or not a person is disabled. SUPERVISOR CHAMPAGNE-They come here with that certification. MR. SALVADOR-With that certification. Do we have any idea of the economic impact of this? SUPERVISOR CHAMPAGNE-None what so ever. MR. SALVADOR-You do not know what this could amount to? SUPERVISOR CHAMPAGNE-We have no idea. Anyone else? Anything from the Board? Closed the Public Hearing 7:20 P.M. RESOLUTION ENACTING LOCAL LAW NO.: 6 OF 1999 TO AMEND TOWN CODE CHAPTER 155 TO PROVIDE PARTIAL TAX EXEMPTION FOR PERSONS WITH DISABILITIES RESOLUTION NO. 267, 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to consider enactment of a Local Law to amend Chapter 155 of the Queensbury Town Code entitled "Taxation," which Local Law would provide for a partial tax exemption from Town real property taxes for persons with disabilities, and WHEREAS, such legislation is specifically authorized in accordance with (459-c of the New York State Real Property Tax Law, and WHEREAS, the Board conducted a public hearing concerning the proposed Local Law on August 16th, 1999 and all interested persons were heard, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts Local Law No.: 5 of 1999 to provide for a partial exemption from Town real estate taxes for persons with disabilities, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and the Local Law shall take effect immediately and as soon as allowable under law. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Tucker, Mr. Turner, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Irish TOWN OF QUEENSBURY LOCAL LAW NO.: 6 OF 1999 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 155 ENTITLED, "TAXATION" TO PROVIDE FOR PARTIAL TAX EXEMPTION FOR PERSONS WITH DISABILITIES BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 155 of the Code of the Town of Queensbury entitled, "Taxation," is hereby amended by adding the following Article II which was previously "Reserved": ARTICLE II Tax Exemption for Persons With Disabilities (155-4. (155-5. (155-6. (155-7. (155-8. Purpose. Definitions. Exemption granted; conditions. Application. Graduated schedule of income eligibility. (155-4. Purpose. The purpose of this Article is to grant a partial exemption from taxation to the extent of fifty percent (50%) of the assessed valuation of real property which is owned by certain persons with disabilities who meet the requirements set forth in (459-c of the Real Property Tax Law. (155-5. Definitions. "Person with a disability II shall mean a person who has a physical or mental impairment, not due to current use of alcohol or illegal drugs, which substantially limits such person's ability to engage in one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working, and who (i) is certified to receive social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the federal Social Security Act, or (ii) is certified to receive Railroad Retirement Disability benefits under the federal Railroad Retirement Act, or (iii) has received a certificate from the State Commission for the Blind and Visually Handicapped stating that such person is legally blind. "Sibling" shall mean a brother or a sister, whether related through whole blood, half blood or adoption. II Income II shall mean social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self-employment, but shall not include a return of capital, gifts, inheritances or moneys earned through employment in the federal foster grandparent program. Any such income shall be reduced by the amount by all medical and prescription drug expenses actually paid which are not reimbursed or paid for by insurance. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion or wear and tear of real or personal property held for the production of income. "Income tax year" shall mean the twelve (12) month period for which the owner or owners filed a federal personal income tax return or, if no return is filed, the calendar year. (155-6. Exemption granted; conditions. A. Real property owned by one or more persons with disabilities or by a husband, wife, both husband and wife, or siblings, at least one of whom has a disability, and whose income is limited by reason of disability, shall be exempt from Town taxes to the extent of fifty percent (50%) of the assessed valuation, subject to the following conditions: 1. The income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption must not exceed seventeen thousand five hundred dollars ($17,500). Where title is vested in either the husband or the wife, their combined income may not exceed such sum; except that where the husband or wife or ex-husband or ex-wife is absent from the property due to divorce, legal separation or abandonment, then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum. 1. The property must be used exclusively for residential purposes; provided, however, that in the event any portion of the property is not used exclusively for residential purposes, such portion shall be subject to full taxation and only the residential portion shall be entitled to the exemption provided by this section. 1. The real property must be the legal residence of and be occupied in whole or in part by the disabled person; except where the disabled person is absent from the residence while receiving health-related care as an in-patient of a residential health care facility as defined in (2801 of the Public Health Law. Any income accruing to that person shall be considered income for purposes of this section only to the extent that it exceeds the amount paid by such person or the spouse or sibling of such person for care in the facility. B. Any exemption provided by this section shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed; provided, however, that no parcel may receive an exemption from Town taxes pursuant to both this section and section 155-2. A. Title to that portion of real property owned by a cooperative apartment corporation in which a tenant- stockholder of such corporation resides and which is represented by his or her share(s) of stock in such corporation as determined by its or their proportional relationship to the total outstanding stock of the corporation, including that owned by the corporation, shall be deemed to be vested in such tenant- stockholder. That proportion of the assessment of such real property owned by a cooperative apartment corporation determined by the relationship of such real property vested in such tenant -stockholder to the entire parcel and the buildings thereon owned by such cooperative apartment corporation in which the tenant -stockholder resides shall be subject to exemption from taxation pursuant to this section and any exemption so granted shall be credited by the Town against the assessed valuation of such real property. The reduction in real property taxes realized thereby shall be credited by the cooperative apartment corporation against the amount of such taxes otherwise payable by or chargeable to such tenant- stockholder. A. The provisions of this section shall apply to real property held in trust solely for the benefit of a person or persons who would otherwise be eligible for a real property tax exemption pursuant to paragraph A of this section were such person or persons the owner or owners of such real property. (155-7. Application. Application for such exemption must be made annually by the owner or all of the owners of the property on forms provided by the Assessor and must be filed in the Assessor's office on or before the appropriate taxable status date. An award letter from the Social Security Administration or the Railroad Retirement Board or a certificate from the State Commission for the Blind and Visually Handicapped must be submitted as proof of disability. Proof of a permanent disability need be submitted only in the year exemption pursuant to this section is first sought or the disability is first determined to be permanent. (155-8. Graduated schedule of income eligibility. The following reduced extent of exemption shall be granted to persons whose annual income exceeds the level provided in (155-6: Percentage of Assessed Valuation Exempt From Annual Income Taxation More than $17,500 but less than $18,500 $18,500 or more, but less than $19,500 $19,500 or more, but less than $20,500 $20,500 or more, but less than $21,400 $21,400 or more, but less than $22)00 $22)00 or more, but less than $23,200 45% 40% 35% 30% 25% 20% SECTION 2. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 3. Repealer. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in ~27 of the Municipal Home Rule Law. 3.0 CORRESPONDENCE NONE 4.0 TOWN COUNCILMEN'S COMMITTEE REPORTS COUNCILMAN MERRILL-Reported on the meeting of the Greater Glens Falls Transit Advisory Committee, August 5th. Reviewed the budget and operations, rider ship level with previous years and the proposed budget for 2000 will be the same as for 1999. COUNCILMAN TUCKER-Questions for the Highway Committee 1. Drainage on Luzerne Road at Mr. Pratt's noted the road was paved and the drainage was not done..Mr. Pratt noted that Mr. Naylor told him he did not have the money to do the drainage, he said we talked to Councilman Turner and you told him Mr. Naylor could not do it. COUNCILMAN TURNER-I told him it was Mr. Naylors calLI told him that they might put a brum on his side of the road to keep the water from running into his driveway. COUNCILMAN TUCKER-Noted the road was raised four inches, there are others that are going to have water running into their driveways. . . There is a house located on Luzerne Road almost across from the fire house that has trees marked to be taken down I understand by the Highway Dept., they appear to be on private property, it is a home previously owned by Rick Missita, the folks want to know how come the Highway Dept., is going to be taking trees down on private property? COUNCILMAN TURNER-I do not know anything about it, will question this at committee meeting. COUNCILMAN TUCKER-Newcomb Street - water line and repaving took out two feet offill out of the road, was this tested and where is it? SUPERVISOR CHAMPANGE-I do not believe it was tested and where it went to, the dump, pit, or who ever wanted it? COUNCILMAN TUCKER-My end of town has been there a long time, the stuff from GE has been used on them and I have roads on the paving schedule that are deteriorating, New York has told us the only way that you can keep the PCB's under control was to cover them with blacktop, I was wondering why that was not tested before it was removed? SUPERVISOR CHAMPANGE-I am not sure that I have the answer, my guess would be unless there had been some previous reason for testing smell, visual, it has not been our practice to test every road that we dig out and backfill, the answer would be under normal typical conditions we do not normally test, maybe we should. COUNCILMAN TUCKER-Even though we know that condition exist? SUPERVISOR CHAMPANGE-So, every road that we work on in West Glens Falls should be tested is what I hear you say. COUNCILMAN TUCKER-Well, that is where a lot of this stuff was used. UNKNOWN-Do you know it for a fact that every road? COUNCILMAN TUCKER-Yes. SUPERVISOR CHAMPAGNE-Suggested that a resolution would have to be on the books that said all roads in West Glens Falls would be tested before any work is done on them... COUNCILMAN MERRILL-Spoke to the board regarding the DEC testing of the area, they have the records. . . before we do anything we need to talk to DEC. COUNCILMAN TUCKER-Noted they never tested Big Boom road where it was found this time... there is one half of mile on Big Boom road that has not been paved, we know there are PCB's on that road, I would like to get that paved. COUNCILMAN TURNER-Will take it to the Highway Committee Meeting. COUNCILMAN TUCKER-Councilman Merrill, I read your letter to the Editor on the Water Dept. I was amaised that you asked for an oversight committee to look at the running of the water department. COUNCILMAN MERRILL-to review the budget and the operations, yes. COUNCILMAN TUCKER-Why do we need something like that? COUNCILMAN MERRILL-To review the budget concerns so they are assured that they are getting a fair shake on it, I would like the opportunity to review the budget for the sewer plant to. COUNCILMAN TUCKER-I agree, can we get that done? SUPERVISOR CHAMPAGNE-It can be done providing an agreement to serve water, we have a sewer contract in place right now. COUNCILMAN TUCKER-We review the water plant contract, we will be doing that shortly. COUNCILMAN MERRILL-The books are open for anybody to review, they could have representatives to review the costs to make sure that everything is reported correctly. COUNCILMAN TUCKER-How do we go about having Henry and our Attorney to look at the Sewer Contract? SUPERVISOR CHAMPAGNE-That sewer contract is in place right now the only change that you are going to be able to encourage would be via some alternative, mainly an over sight committee mainly if the two municipalities agree on some kind of a, down the road commission, if you will or authority something has to change to open up that sewer. The position that I will take is that we need more information, we need to know what to do in our best interest or against the best interests of our town, I have not gotten enough information at this state. I certainly favor proceeding with that, to do that, it would open up the sewer contract. COUNCILMAN TUCKER-I am not interested in opening it up, just what the contents are. SUPERVISOR CHAMPAGNE-Requested that Councilman Tucker come in and read the contract. WATER SURVEY-Presentation by Ralph VanDusen Water Superintendent SUPERVISOR CHAMPANGE-Regarding proposal for water service in and around Jenkinsville. RALPH VANDUSEN, WATER SUPT. -Last spring CT Male did an evaluation, a cost estimate creating a water district extensions in three areas of the town, Glen Lake Area, Lake Sunnyside Area and the other Jenkinsville Road Area. All three areas were extremely expensive, way beyond anything affordable. There was some discussion about what could be done to make any of those affordable, there seemed to be more interest in the Jenkinsville Area than the other three and in reality the Jenkinsville Area had to happen before the other two to be remotely possible. Before any more money or time of the Town was spent the board requested that we send out a survey to the people that live in that affected district. Approximately one hundred and seventy surveys were mailed out to see if they would be interested if we could reduce the annual cost down to what NY State would approve in the range, capital plus operational, five hundred dollars per year. Results: 84 opposed the concept, 48 support it... proposed route was Rockwell to Sunnyside, the Rockwell road area was opposed, Sunnyside was a mix and closer to the landfill became a mix. Asked in the survey what else they would like to see beside water, most common was natural 15 people, 14 people wanted public sewers, the reality is that sewers would be more expensive than water. There were traffic issues, 5 people felt that they would like to see heavy truck traffic restricted to coming in from Ridge Road and not going the entire length of Jenkinsville... some suggestions for the park involving speed control, dust control and some other activities that are not yet available, we will pass that on to the Recreation Dept. One person requested high speed Internet access, that is a quick summary of the results. Thanked the people who took the time and trouble and we are still getting cards every day. DENNIS BROWER-The people that said yes, did they say why they wanted town water? SUPT. VANDUSEN-Some of the people that said yes, concern over water contamination, present or future, some expressed concern about the aestics of the water the water in that area happens of have some sulfur and extremely hard and some would look to Town Water to solve that. 5.0 OPEN FORUM MR. CRAIG MACEWAN-Questioned what is not on the agenda, update of Cracker Barrell? SUPERVISOR CHAMPAGNE-We have been reviewing their findings, working with Counsel to make sure that no matter which way this goes that we are well protected from future litigation, there are some issues with the mall that are changing almost on a weekly basis, they are moving in a direction that might be supported with things that happen with Cracker Barrell, and then again it may never happen. MR. MACEWAN-Is it my understanding that the applicant requested that it not be put on tonights agenda? SUPERVISOR CHAMPAGNE-We got a letter from the applicant stating that as a result what information he had regarding our position that he certainly was in agreement that it would not be on tonights agenda. MR. MACEWAN-Res. 6.1 rescheduling meetings for September I am assuming that is due to Labor Day and the first regular meeting is going to be the 20th of September. COUNCILMAN MERRILL-August 30th and September 20th. 6.0 RESOLUTIONS RESOLUTION CANCELING AND RESCHEDULING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 268,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the next regular meeting of the Queensbury Town Board is scheduled for Monday, September 6th, 1999, and WHEREAS, September 6th is Labor Day, a National Holiday, and therefore the Town Board wishes to cancel the meeting and reschedule it for another date, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby cancels the regular Town Board meeting scheduled for Monday, September 6th, 1999 and reschedules the next meeting for Monday, August 30th, 1999 at 7:00 p.m. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING INCURRENCE OF DEBT BY WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 269,99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously established a Fire Protection District within the Town and has provided for fire protection within the District by contracting with the Town's five (5) fire companies, including the West Glens Falls Volunteer Fire Company, Inc. (Fire Company), and WHEREAS, the Fire Company, after evaluating its fire-fighting equipment needs, sold its 1988 Saulsbury truck, Engine 313, for $70,000 and contracted to purchase a 1975 Sutphen tower ladder truck for $70,000, and WHEREAS, the Fire Company has estimated that it will cost $30,000 to refurbish this truck and once the truck is refurbished, the useful life of the ladder truck will be approximately 10 years, and WHEREAS, the Fire Company has arranged for a $30,000, five year installment loan with Glens Falls National Bank for refurbishment purposes and the Fire Company plans to repay the loan by using its fundraising proceeds, not funds it receives from the Town, and WHEREAS, the Town wishes to adopt a Resolution authorizing the incurrence of this debt by the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the incurrence of $30,000 in debt by the West Glens Falls Fire Company, Inc. to refurbish the Fire Company's newly purchased 1975 Sutphen tower ladder truck, with the understanding that, 1) the Town Board is relying upon the Fire Company's assurances that the ladder truck is serviceable and suitable for use, and 2) the Fire Company will repay the $30,000 loan with non-Town funds, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee the debt with Glens Falls National Bank on behalf of the Fire Company, nor does the Town Board imply acceptance of the Fire Company's proposed 2000 budget request nor any contract language changes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office to take any necessary action to effectuate the terms of this Resolution. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION APPOINTING CRAIG BROWN AS CODE COMPLIANCE OFFICER ON PERMANENT BASIS RESOLUTION NO. 270, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 156.98 the Town Board of the Town of Queensbury appointed Craig Brown to the full-time position of Code Compliance Officer on a provisional basis until such time as he passed the Civil Service exam for the position, and WHEREAS, Mr. Brown passed the Warren County Civil Service exam, placing within the top three candidates and therefore may be appointed to the Code Compliance Officer position on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Craig Brown to the position of Code Compliance Officer on a permanent 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 16th day of August, 1999 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 271,99 INTRODUCED BY: Mr. Pliney Tucker 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: CONTROLLER: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-8989-4400 (Community Services) 10,000 HIGHWAY: FROM: TO: $ AMOUNT: 01-5010-4090 (Conference Expense) 01-5010-4100 (Telephone Use) 500 04-5110-4400 (Misc. Contractual) 04-5140-4400 (Brush and Weeds) 2,000 Duly adopted this 16th of August, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Irish Discussion held: COUNCILMAN TUCKER-Questioned the contingency amount... CONTROLLER HESS-You are paying for the ten thousand dollar contribution to the extension of the Sewer District at Stewarts. SUPERVISOR CHAMPAGNE-Which will be returned when the Sewer District is extended which is planned to be done. RESOLUTION AUTHORIZING PURCHASE ORDER FOR ORACLE 8 COMPUTER SERVER AND SUPPORT AGREEMENT RESOLUTION NO.: 272,99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures which require that any purchase in an amount of $5,000 or greater up to New York State bidding limits must be approved by the Town Board, and WHEREAS, the Computer Technology Coordinator has advised the Town Board that it is advisable to purchase an Oracle 8 computer server, including a one (1) year server support agreement, for the approximate total amount of $7,133.75, and WHEREAS, New York State Bidding is not required as the total purchase amount is less than $10,000 and the server and support agreement are under State Contract No.: PT00247, Amendment #2, and WHEREAS, the Purchasing Manager has recommended that the Town Board approve the purchase, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of an Oracle 8 computer server and Oracle 8 server support agreement in accordance with State Contract No.: PT0024 7, Amendment #2 for the approximate amount of $7,133.75 to be paid for from the following accounts: 1. Account No.: 001-1680-2032 - $4,755.95 3. Account No.: 040-1680-2032 - $2,377.80 and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Computer Technology Coordinator and/or Purchasing Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Irish Discussion held: MR. SHAW-This is part of the Govern software package, this is a software package that is designed as a program in the data base, this is the data base that works with that software package. SUPERVISOR CHAMPAGNE-When you say server will this be the unit that actually...MR., SHAW-We have the server it was just worded, all this is just the software. RESOLUTION AUTHORIZING ADVERTISEMENT IN PROGRAM BOOK FOR THE 1999 ADIRONDACK BALLOON FESTIVAL RESOLUTION NO.: 273,1999 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Adirondack Balloon Festival will be held from September 16th through the 19th, 1999, and WHEREAS, the event attracts more than 100,000 persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, the Adirondack Balloon Festival has asked the Town of Queensbury to show community support of the Festival by purchasing an advertisement in its 1999 program book, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines the 1999 Adirondack Balloon Festival to be an economic and tourism boon to the Town of Queensbury and therefore authorizes the purchase of an advertisement in the Adirondack Balloon Festival souvenir program book in the approximate amount of $1,200 to be paid for from Account No.: 01-6410-4400. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING ENGAGEMENT OF SPCA OF UPSTATE NEW YORK TO PROVIDE ANIMAL CONTROL SERVICES RESOLUTION NO.: 274,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Colleen Kimble, the Town of Queensbury's Animal Control Officer, will be on maternity leave on or about the beginning of September, 1999 for a three month period, and WHEREAS, the Town Board wishes to provide for animal control services during Ms. Kimble's absence, and WHEREAS, SPCA of Upstate New York, Inc. (SPCA) in its proposal dated July 14, 1999 presented at this meeting, has offered to provide animal control services to the Town for the approximate three (3) month period for the amount of $1,600 for the first month and a minimum amount of $1,600 per month for the second and third months, such monthly fee to depend upon the amount of animal control services needed by the Town during the first month, and WHEREAS, the Purchasing Manager has reviewed the proposal and has recommended that the Town engage the services of the SPCA, and WHEREAS, the proposal 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 agreement with SPCA of Upstate New York, Inc., to provide animal control services to the Town of Queensbury for an approximate three month period beginning on or about the beginning of September, 1999 for the amount of $1,600 for the first month and a minimum amount of $1,600 per month for the second and third months, such monthly fee to depend upon the amount of animal control services needed by the Town during the first month, such services to be paid for from the appropriate Town account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the proposal with SPCA presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Purchasing Manager and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Irish Discussion held: COUNCILMAN TUCKER-Is this the way to go with this rather than hiring part time? COMMUNITY DIRECTOR ROUND-We looked at several alternatives we have utilized on a temporary basis the City of Glens Falls during vacation or sick times, we look at temporary staff person and we also looked at other contractual firms out there and this was the best solution... RESOLUTION AUTHORIZING ADOPTION OF PURCHASING POLICY RESOLUTION NO.: 275,99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, by Resolution No.: 9.98, the Town Board of the Town of Queensbury adopted a purchasing policy entitled, "Town of Queensbury Purchasing Procedures, II and WHEREAS, the Town Board wishes to adopt a new, centralized purchasing policy as submitted by the Town's Purchasing Manager, which will supersede and replace the Purchasing Procedures adopted in January, 1998, and WHEREAS, the new Purchasing Policy has been presented at this meeting and is in form approved by the Town Board, Town Controller and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the Town of Queensbury Purchasing Policy presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Purchasing Manager to distribute copies of this new Purchasing Policy to all Town Departments. Duly adopted this 16th day of August, 1999 by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Irish Discussion held: CONTROLLER HESS-The Town has always had a purchasing policy that has allowed for a lot of decentralized purchasing and this year it has taken the steps to bring a lot of centralization not entire but a lot of centralization to the purchasing, the policy was not re-written for several years it was rolled over I will not say it was obsolete but some of the procedures have outgrown the policy this was an attempt to start with procedures that the town feels comfortable with that will survive the centralization but add the features of centralization, recognizing a purchasing manager and establishing if you will, a broad frame work of how the centralized purchasing will work. What things have to be bid what authorities have to be given by the board for each purchase and what authorities can be retained by the purchasing manager. This will be supplemented by procedures within the frame work of this policy that will be published by the purchasing manager that will tell department managers specifically how to file the paperwork to get purchases effected. RESOLUTION AUTHORIZING ADOPTION OF FLEET MANAGEMENT POLICY RESOLUTION NO.: 276, 99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by Resolution No.: 77.99, the Town Board of the Town of Queensbury authorized the establishment of a Central Fleet Internal Service Fund to provide working capital for the creation of a Fleet Management System, and WHEREAS, the Town Board now wishes to adopt a Fleet Management Policy as submitted by the Town's Fleet Manager, which Policy will provide for the management of the Town's fleet of motor vehicles, and WHEREAS, the Policy has been presented at this meeting and is in form approved by the Town Board, Town Controller and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the Town of Queensbury Fleet Management Policy presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Fleet Manager to distribute copies of this Policy to all Town Departments. Duly adopted this 16th day of August, 1999 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Irish Discussion held: COUNCILMAN TUCKER-Is this one of the duties of the Purchasing Agent the Fleet Manager? CONTROLLER HESS-Yes. \ RESOLUTION AUTHORIZING ADOPTION OF POLICY REGARDING F AMIL Y AND MEDICAL LEAVE ACT RESOLUTION NO.: 277, 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to adopt a policy regarding the Family and Medical Leave Act which will supercede and replace the policy currently published in two sections of the Town of Queensbury Employee Management System: Section 3 Employee Handbook, Index 505 and Section 5 Compliance Issues, Index c, and WHEREAS, the new Family and Medical Leave Act Policy complies with applicable provisions of the Family and Medical Leave Act (FMLA), as well as other Federal and State Laws, and WHEREAS, the proposed Policy has been presented at this meeting and is in form approved by the Town Board, Town Controller and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the Town of Queensbury Policy regarding the Family and Medical Leave Act presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to distribute copies of this Policy and corresponding amendments to the Town's Employee Management System to all Town employees and amend the Employee Handbook accordingly. Duly adopted this 16th day of August, 1999 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Irish Discussion held: CONTROLLER HESS-the final section of page 6 ... Coordination with collective bargaining agreements. This policy does not supersede any benefits in the negotiated agreement between the CSEA and the Town of Queensbury. ... the Town has had a Family Medical Leave Act Policy since 1995 it has not been actively pursued, the fact is, most of the towns employees that have been here for awhile will accrue benefits and accumulate benefits that might exceed the benefits that they would get under the time benefits they might get under the Family Medical Leave Act. The town has not been as diligent in accounting for Family Leave Act as they might have otherwise been. The fact that the employees might accrue benefits that might exceed it doesn't relieve us of the obligation to account for the act and be able to prove that we are providing those benefits. We have found the weakness between the practice our policies and the law and closed them down with this policy. RESOLUTION AWARDING BID FOR PURCHASE OF PICK-UP TRUCK FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 278,99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town's Purchasing Agent duly advertised for bids for the purchase of one, Y2 ton 4x4 pick up truck and one, % ton 4x4 pick-up truck for use by the Town's Water Department in accordance with previously submitted bid documents and specifications, and WHEREAS, the Purchasing Manager and Water Superintendent have reviewed all bids and a decision has been made to purchase only the Y2 ton truck at this time, and WHEREAS, Nemer Ford submitted the lowest responsible bid in the amount of $20,831 for the 4x4 Y2 ton pick-up truck, and WHEREAS, the Purchasing Manager and Water Superintendent have recommended that the Town Board award the bid to Nemer Ford, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for one (1) 4x4 Y2 ton pick-up truck to the lowest responsible bidder, Nemer Ford, for the amount of $20,831 to be paid for from the Central Fleet Internal Service Fund No.: 015-1640-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Manager and/or Water Superintendent to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of August, 1999, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Irish 7.0 PLANNED DISCUSSIONS NONE 8.0 TOWN BOARD WORKSHOP CONTROLLER HESS-The budget season is upon us, last Friday was the date for submission of Department Budgets, will have by the weekend to the Budget Officer a full and complete budget package of the requested budget. 9.0 ATTORNEY MATTERS NONE 10.0 OPEN FORUM MR. CRAIG MACEW AN-RE: Sleep Inn When they did their site plan review when we did the site visits two things came to our attention on the vacant parcel on Montray Road there was obvious questionable storm water coming out from the vacant parcel from the Ponderosa, we have asked Craig Brown to look into it. Secondly, during our site visits we were looking for the monument Blind Rock, it has a lot of local historical significance to it, we had put the applicant on notice that if any development took place at that parcel we were going to be looking for them to protect and enhance Blind Rock. It is all ready started to be filled over from run off. . . a good portion of Blind Rock has been buried. MR. JOHN SAL V ADOR-Re: Re-hearing of sewer variance from the Board of Health SUPERVISOR CHAMPAGNE-We are discussing this with the Attorney... MR. SALVADOR -We asked for a variance based on certain conditions. SUPERVISOR CHAMPAGNE-Cooking and bathing MR. SALVADOR - This was an effort to restrict the use of the dwelling to seasonal use and non residential use this was the criteria you used. Since then you have been issuing variances with other criteria to ensure non residential use and we would like the same opportunity. COUNCILMAN MERRILL-Your proposed project is unique because it is classified as a hunting and fishing lodge. MR. SAL V ADOR-A residential in your code it is a residential development a residential use in the town code, it is an allowable residential use. COUNCILMAN MERRILL-It is a hunting and fishing lodge the other instances where we have conditioned have been different. MR. SALVADOR - I think what you are trying to do to fit in the use of the holding tank is to restrict the development in two ways. 1. It is seasonal 2. It is not a year round use. You did that with us in a manner different from what you are using presently. We would like to take advantage of your new thinking. Requested another hearing. . . also requested an answer to my letter and how long this might take. . . MRS. KATHLEEN SALVADOR-Controller Hess on the June 7th meeting asked about the Y2K and the associated costs, do we have the costs? CONTROLLER HESS-56,000 will complete the Y2K compliance...it is fitting into next years budget..how much we spent in the last 2 years on Y2K it would be hard to pin point.. . Weare in good shape now. . . MRS. SAL V ADOR-Re: Greater Glens Falls Transit Councilman Merrill stated that ridership was going to remain level, what is the approximate ridership? COUNCILMAN MERRILL-The figures are available, I don't... MRS. SALVADOR-Do the busses run half full, quarter full? COUNCILMAN MERRILL-It depends on the route, those numbers are available I do not have them with me. MRS. SALVADOR-What is the Queensbury portion that we pay? CONTROLLER HESS-Around 42,000 MR. TIM BREWER-Candleberry Drive RE: Cracker Barrell-Has there been a date set for that? COUNCILMAN MERRILL-It is my feeling that the time has come to act on this. ..lst. came to the Board in October of 1997 before I was here. . . MR. TIM BREWER-I think it is time to put it to rest whether you vote yes or no. ... the people up there deserve an answer and the applicant deserves an answer. Board agreed to vote on Cracker Barrell on August 30th. MR. DANIEL STEC-I think the Cracker Barrell issue has been lingering on the line for a long time I think that the Town should move on it sooner rather than later. MR. DENNIS BROWER-Is there any further development with Queensbury Forest? SUPERVISOR CHAMPAGNE-The best solution is to take some of that water out of there and move it to Halfway Brook, our engineers have had discussions with Department of Health and we have some information that has been returned, we are not at liberty to move forward in that sense until more work is done on it. MR. BROWER-Moving it to Halfway Brook, the other option was to go to Clendon Brook. SUPERVISOR CHAMPAGNE-One half a million dollars plus... MR. BROWER-What are the anticipated cost by going to Halfway Brook? SUPERVISOR CHAMPAGNE-$100,000 MRS. BARBARA BENNETT -Controller Hess, will there be an outline on the purchasing policy? CONTROLLER HESS-... that will be made available.. MR. JOHN SAL V ADOR-re: Sidewalks what is the status... SUPERVISOR CHAMPAGNE-We are looking at costs through the Highway Dept. ..also contacted a number of contractors, we are studying those options. . . MR. SAL V ADOR- What is the order of magnitude for this project? SUPERVISOR CHAMPAGNE-By storm, an average, with trucks and investment in the equipment, you are talking $4,000 - to $6,000... Route 9. COUNCILMAN MERRILL-We do plan to have a Highway Committee Meeting to look at the numbers. COUNCILMAN TUCKER-Questioned if the Supervisor contacted our representative in Albany regarding this? SUPERVISOR CHAMPAGNE-Talked to DOT and with the Attorney for the Association of Town and he said this is one of the most contentious issues that are facing towns today. . . did a survey of towns. . .6 communities left it to the homeowner, 6 the town did the work... What we got from Ron Stafford's Office was that's the mandate the State Law that is what they are expecting you to do as a Town, you have that responsibility by virtue of the law. COUNCILMAN MERRILL-You asked the question, can you close the sidewalks in the winter... the ruling IS no. SUPERVISOR CHAMPAGNE-We are further studying this issue. OPEN FORUM CLOSED 11.0 EXECUTIVE SESSION RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 279.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session regarding third party summons, potential litigation. Duly adopted this 16th day of August, 1999 by the following vote: AYES: Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: Mr. Irish RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION RESOLUTION NO. 280.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns is Executive and Regular Session. Duly adopted this 16th day of August, 1999 by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mr. Irish Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury