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1999-12-20 REGULAR TOWN BOARD MEETING DECEMBER 20, 1999 7:00 P.M. MTG# 47 RES#439-456 B.H. 61-62 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS HIGHWAY SUPERINTENDENT, P AUL NAYLOR EXECUTIVE DIRECTOR, CHRIS ROUND CONTROLLER, HENRY HESS WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY DIRECTOR OF W ASTEW ATER, MIKE SHAW SUPERVISOR ELECT DENNIS BROWER COUNCILMAN ELECT DAN STEC COUNCILMAN ELECT TIM BREWER PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD MERRILL SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 438. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 20th day of December, 1999, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING SEW AGE DISPOSAL VARIANCE - AUDREY WANAMAKER ON BEHALF OF WINGS FOOD SERVICES, INC. OPENED NOTICE SHOWN TOM NACE , NACE ENGINEERING - REPRESENTING AUDREY WANAMAKER MR. NACE-This is a situation almost exactly the same as what we had before you about six months ago for the adjacent property where the setbacks to the lake and to an adjacent wetland are impossible to meet on the lot. The wetland setbacks were something that were not anticipated when the plot was originally subdivided many years ago. At that point the AP A had declared they had no jurisdiction, subsequently they have flagged the wetlands at the edge of the lot and that constitutes our problem in keeping the separation. We've used an Eljen system to try to minimize the area required for the system and maintain the maximum setbacks we can get. We presently have shown a hundred and fifty six feet to the lake and ninety one feet to the wetland. We also have a site where there is a hill of rock between us and the lake so that we feel that the hundred and fifty six feet to the lake is actually more than adequate. SUPERVISOR CHAMPAGNE-Anyone here to speak against this application? DEPUTY TOWN CLERK O'BRIEN- Read the following letter into the record. To Members of the Town Board from Elsa Kraft and Raymond Kraft. Dated 12/20/1999. These two lots are each only a hundred feet wide. The lake on the west of the wetland on the east and rock ledge in the center. My feeling is that one septic system would have been ample for this poor ground soil. These two lots should have been made one nice size lot. SUPERVISOR CHAMP AGNE- Thank you. Anyone else, from the board? COUNCILMAN MERRILL-Did you consider moving this to the north? MR. NACE-To the north where we have the driveway? COUNCILMAN MERRILL-Where the driveway is proposed, it would reduce the variance somewhat. MR. NACE-We didn't feel it would make an impressionable reduction. We were trying to keep the septic systems on the same side of the lots so that our wells would have adequate separation to the septic. If we moved the septic system to the other side we might have trouble getting separation to the well unless we move the well down on that steep slope we wanted to keep it in where we could get a drill rig to do it, if you notice it is up sort of on the top of the ridge. If we try to move the well more toward the lake it is going to be very difficult to access. Also we wanted to provide as much separation to the north as we could for anybody doing anything there with the well in the future. COUNCILMAN IRISH-Have we approved any septic variances without the house plan, building plan? COUNCILMAN TUCKER-I don't remember of every doing any. SUPERVISOR CHAMPAGNE-I don't think we have to my knowledge I don't ever recall. COUNCILMAN TURNER-If this is designed for a three bedroom house you can condition it that it be built to that and if not, it doesn't apply. COUNCILMAN TUCKER-By the time the town catches up with it Ted it could be all over. COUNCILMAN TURNER-When the plans come in you'll know what the size of the house is? MR. NACE-Dave Hatin asked the same question last week. The owners have told me that their intention is to come in this coming Spring with a building permit to build, but they just don't have house plans ready yet to do that. They wanted to go ahead and get the septic variance approved while the conditions out there were fresh in everybody's mind. COUNCILMAN TURNER-Is that going to be the positive location of the house? MR. NACE-Within that general area, yes. It is positive enough that the septic would not have to move because of the house changing location. COUNCILMAN TURNER-Yeah, that's my worry there. MR. NACE-It is within ten or fifteen feet that would not jeopardize the location of the septic system. COUNCILMAN IRISH-I would like to see house plans before we approve the septic variance. SUPERVISOR CHAMPAGNE-I'm of the same opinion really. I guess, I see no real benefit of getting this approved prior to house plans. If we're going to approve it this year or they are going to approve it next year..... . COUNCILMAN TUCKER-I can tell you one benefit is if it gets approved it will help sell the lot. Whether it is going to be sold or not that's another story, but if the septic is approved the variance is. MR. NACE-The owners have assured me that they are going to be build within the area shown here for a house. Is there a purpose to making them come back again for the variance hearing? COUNCILMAN IRISH-They didn't show up for this one did they Tom? MR. NACE-No, but they had me show up they would have to pay for me to show up again. COUNCILMAN IRISH-You don't mind getting paid twice..... MR. NACE-Why waste money if you don't have too. COUNCILMAN IRISH-I hate to set a precedent that everybody that wants a variance comes in before they bring any building plans in. SUPERVISOR CHAMPAGNE-I think that's the issue. I'm having some real trouble with it to be honest with you. COUNCILMAN MERRILL-They wouldn't delay their building at all. MR. NACE-It won't delay their building, we have to come back again. I'm not quite sure what precedent you think your setting by issuing a variance ahead of a building permit. A lot of time people don't want to put the money into developing house plans in applying for the building permit until they are assured they can get a septic variance if they need one. If you make it a general rule to require them to have the house plans first especially on a lot where they are probably going to have an architect design the house. . . .. COUNCILMAN IRISH-CouId they put a structure on that lot without a variance if they size the structure to conform with the current zoning? MR. NACE-You mean without a septic variance? COUNCILMAN IRISH-Yes. MR. NACE-Absolutely not. COUNCILMAN IRISH-No structure whatsoever? MR. NACE-No, because of the two hundred foot and the hundred foot setbacks they overlap. COUNCILMAN IRISH-They've got a pretty good case don't they Tom? We just approved one for their neighbors, their neighbors are building a house. MR. NACE-I'm not worried that you wouldn't issue a variance sometime later in the Spring. I'mjust saying that if you make it a policy to require that somebody have submitted house plans for building permit prior to issuing a variance there are cases where you are going to be putting somebody to the expense of designing especially around the lake having an architect design for the lake and then not get a variance. COUNCILMAN IRISH-I think we did exactly that to Mr. Salvador refuse to hear his variance until we had plans. COUNCILMAN TURNER-Yeah we did. SUPERVISOR CHAMPAGNE-This is my first experience with looking at a variance for a septic tank prior to a house plan to be very honest with you. MR. NACE-But, why not stand back and use common sense. I'm not sure that there is a negative side to setting a precedent you are talking about. SUPERVISOR CHAMPAGNE-Where is the well going to be ordinarily I get a plot plan..... MR. NACE-There is a plot plan the well is shown. SUPERVISOR CHAMPAGNE-It is basically proposed. MR. NACE-I'll do it which ever why you want I'm not arguing to be argumentative. I'm saying why would you make somebody spend the money for the architectural plans if it is fairly obvious that you can build within the footprint or very close to the footprint that is shown. COUNCILMAN TURNER-You could use that plan for reference and hold them to the plan period and condition it that the system goes in as shown on that plan three bedroom house. . . .. SUPERVISOR CHAMPAGNE-Stay within that footprint. COUNCILMAN TURNER-Stay within that footprint that's it. MR. NACE-For the septic footprint, yes. COUNCILMAN IRISH-Did you get a copy of that plan? COUNCILMAN TURNER-There is one right here. COUNCILMAN IRISH-I never got a copy of the plan.... COUNCILMAN MERRILL-It came out two weeks ago. SUPERVISOR CHAMPAGNE-When we set the public hearing..... COUNCILMAN TURNER-You are not setting any precedent by approving the septic system ahead of the time as long as you condition that plan. COUNCILMAN TUCKER-What's wrong with the system the way it is Ted? COUNCILMAN TURNER-What? COUNCILMAN TUCKER-The system the way we do it now what's wrong with it? COUNCILMAN TURNER-There is nothing wrong with it. I mean if he wants to do it early and you condition it. . . . . . SUPERVISOR CHAMPAGNE-I've seen the lot it is a difficult lot there is no question about that. COUNCILMAN TURNER-It is it's all rock COUNCILMAN TUCKER-This is the one we approved right here isn't it? COUNCILMAN IRISH-Where is Julien's well? MR. NACE-Julien's well is shown the little circle lower left. SUPERVISOR CHAMPAGNE-Okay anyone else? Anything else from the board? We'll close the public hearing. PUBLIC HEARING CLOSED 7:16 P.M. DISCUSSION HELD COUNCILMAN MERRILL-I think we need to condition this that it be in accordance with the plan that you've submitted. Restricted to a three bedroom and that the fill that's shown on the map be removed and restored to natural grade before an occupancy permit is issued. COUNCILMAN IRISH-Are you going to make that part of the resolution? COUNCILMAN MERRILL-Yeah. That a CO should not be issued until the fill is removed. That the fill that's shown on the map be removed and the area restored to its natural grade before a certificate of occupancy is issued. Restricted to three bedroom. . . . . . . SUPERVISOR CHAMPAGNE-And located in that footprint do you want to add that? COUNCILMAN MERRILL-Located in that footprint... SUPERVISOR CHAMPAGNE-The house footprint. MR. NACE-Are you talking about the house or the septic? We're saying that the septic is suppose to be built as it is shown here whatever house not interfere or not cause the septic to change in any way, shape, or form. SUPERVISOR CHAMPAGNE-You don't want to use what you show here you don't want to use that as a footprint of the house? MR. NACE-I'm saying the footprint of the house will be very close to that it may not be to the exact foot of what you see there. But, that it is far away from the septic that even if it changes five feet or ten feet or even more it is not going to change the septic. I think Dick's original comment, correct me if I'm wrong Dick was that the septic be constructed as shown on the plan period. COUNCILMAN MERRILL-And that it be an Eljen fill system or equivalent. MR. NACE-Correct. In other words no house plans would be accepted for a permit that would cause a septic change. COUNCILMAN MERRILL-That's correct. SUPERVISOR CHAMPAGNE-That do it? COUNCILMAN IRISH-You don't want that part of the resolution. I mean they could come back and ask for a separate variance couldn't they if they wanted to change the house plans? MR. NACE-Right. Under this variance that you would be approving that the septic would have to be constructed as is shown here and that whatever house plans are submitted for a permit would not cause that design to change in anyway shape or form. SUPERVISOR CHAMPAGNE-Okay. TOWN COUNSEL, MR. SCHACHNER-I heard four potential conditions. I heard three bedrooms. I heard located in the house footprint, but then I heard not located in the house footprint. COUNCILMAN MERRILL-We're removing that. SUPERVISOR CHAMPAGNE-That's out of there. TOWN COUNSEL, SCHACHNER-Eljen fill system or equivalent. The fill should be removed and restored and the area restored to natural grade before issuance of a certificate of occupancy. COUNCILMAN TURNER-Correct. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF AUDREY WANAMAKER ON BEHALF OF WINGS FOOD SERVICES, INC. RESOLUTION NO.: 61. 99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Audrey Wanamaker, on behalf of Wings Food Services, Inc., previously filed an application for two (2) 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 a fill system to be located 91' from designated wetlands and 156' from Lake George instead of the required 100' and 200' setbacks respectively on property located on the west side of Cleverdale near Harris Bay Marina, 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 December 20th, 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 b) 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 c) fill that is shown on the map be removed and restored to natural grade before a certificate of occupancy is issued and that it be an eljen fill system or equivalent. BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Audrey Wanamaker on behalf of Wings Food Services, Inc., for two (2) variances from the Sewage Disposal Ordinance to allow a fill system to be located 91' from designated wetlands and 156' from Lake George instead of the required 100' and 200' setbacks respectively on property located on the west side of Cleverdale near Harris Bay Marina, Queensbury and bearing Tax Map No.: 10-1-4.4. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Turner, Mr. Merrill, Mr. Champagne NOES: Mr. Irish, Mr. Tucker, ABSENT:None COUNCILMAN IRISH-I'm going to vote no because I think we required Mr. Salvador to submit building plans before we would allow him to bring forth a variance and I don't think we should treat somebody different than Mr. Salvador. COUNCILMAN TUCKER-I'm going to vote no and I'm voting no because the old system works good and you have total control. This thing here you can put all the restrictions in the world on this thing and when they come in here, Ted will be here, but I bet it won't even get looked at. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 62. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 20th day of December, 1999, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None AbsentNone TOWN COUNCILMEN'S COMMITTEE REPORTS COUNCILMAN TURNER-Highway Committee met December 8, 1999 reviewed Chazen Engineering plans for the Clark- Reservoir Drive area. Recommendation was made to take the drainage from the location on the one side of the road and run the drainage to the west recommended to use infiltrator all the way. Reviewed plans with Executive Director, Mr. Round for Veterans Park site plan, conceptual plan, all utilities, water, sewer. Discussion Dixon, Aviation, Potter Road to go back and look at Harza design. Discussion regarding Assembly Point Road, and Cleverdale Road. Cleverdale Road being the drainage wondering if we can do it within the roadway haven't come up with the answer for this yet. Assembly Point was just an item of discussion. COUNCILMAN IRISH-Questioned what was the discussion regarding Dixon, Potter? Questioned if they are thinking now of changing the intersection with Town funds? COUNCILMAN TURNER-We don't know yet we just talked about it. COUNCILMAN IRISH-What precipitated the discussion? COUNCILMAN TURNER-The site plan for the Indian Ridge Development. COUNCILMAN MERRILL-Just talked about it no recommendations, no conclusions. OPEN FORUM RESOLUTIONS COUNCILMAN ELECT BREWER-Asked for an explanation of the Resolution Authorizing Engagement of Northeastern Data Processing, Inc. to Provide Payroll Processing Service. CONTROLLER, MR. HESS-The Town has been using KVS for accounting and payroll and other related services for a number of years. This past year made a conversion from their DOS payroll processing program not necessarily voluntarily we wanted to do it because it was the modern thing to do we were required to do it because their old program isn't Y2K compatible. As it turns out the new program is Y2K compatible, but not necessarily customer compatible and doesn't work as well as it should. We've had operational problems throughout the year and as the year went on we started developing reliability and integrity problems with it we can't go into the new year with it in the condition it is in. COUNCILMAN ELECT BREWER-Can it be rectified? CONTROLLER, MR. HESS-Not in time for the new year, no. COUNCILMAN ELECT BREWER-Did we pay for a system that we thought was going to do what we wanted it to do? CONTROLLER, MR. HESS-We will do battle with the company on what we have invested in it when that time comes. COUNCILMAN MERRILL-Questioned the cost? CONTROLLER, MR. HESS-Spent about fifty five hundred to six thousand dollars on this system. COUNCILMAN ELECT BREWER-Going to a different company to do the payroll...... CONTROLLER, MR. HESS-Going to change the way it is done. Going from an inside processor to a remote processor. COUNCILMAN ELECT BREWER-Questioned if the payroll is going to be done here? CONTROLLER, MR. HESS-Going to input the payroll here going to be processed off premise. COUNCILMAN ELECT BREWER-Does that eliminate an employee? CONTROLLER, MR. HESS-No. COUNCILMAN ELECT BREWER-Can we just rectify the things that we need to do for the new year such as the W2, yearend, and then continue with the way we're doing it? CONTROLLER, MR. HESS-If we could do that I'd recommend that. I'm not recommending that we can't do that, no. COUNCILMAN ELECT BREWER-Suggested getting back the money from the company that we paid for... .. SUPERVISOR CHAMPAGNE-We're going to. CONTROLLER, MR. HESS-We'll deal with that once we get a successful conversion. COUNCILMAN ELECT BREWER-Received phone call today with the concern of the loss of an employee because we're doing the payroll to another company. Noted he doesn't understand exactly what you are doing wants to understand what you are doing has a concern about the loss of an employee if that is the case. CONTROLLER, MR. HESS-Questioned if he is concerned they are not taking the opportunity to lose an employee or that we might lose an employee? COUNCILMAN ELECT BREWER-That we might lose an employee. CONTROLLER, MR. HESS-If it were efficient and we were able to save an employee than this would be a negative this is not the case here. COUNCILMAN MERRILL-Questioned if there is a termination time or renewal time how long is the contract for? CONTROLLER MR. HESS-There is no contract. Paying a thousand twenty five dollars which four hundred dollars would be refundable whenever we quit using this service. Once we pay the thousand twenty five dollars that is our buy-in fee we can stay with them one week or forever. Theoretically we're paying into the service for a thousand twenty five four hundred of which is refundable and every charge after that will be a weekly processing fee. There is no committed term either by the company or by us. Expect to be with them for a full year, but are not obligated to be with them a full year. JOHN SAL V AOR-Questioned Resolution Authorizing Agreement Between Town of Queensbury and the South Warren Snowmobile Club. The Town agrees to pay the club during the Town calendar year which is also the fiscal year the sum of five thousand dollars. SUPERVISOR CHAMPAGNE-Right. That's what the board has in the budget. That is what the board agreed upon and that's what the contract calls for. The Warren County Parks and Recreation got rid of that responsibility it has put a lot of financial burden on the clubs to pick it up and do it. There is a thought among some of us that the trails do bring in some tourism and tends to improve upon our sales tax recovery so this is what the board agreed to do. MR. SAL V ADOR- The New York State Department Parks and Recreation the agency that collects the snowmobile licensing fees has a program of funding trail maintenance around the State. These organizations can make application to the State Department. SUPERVISOR CHAMPAGNE-Believes they do. MR. SALVADOR-Noted that five thousand dollars should come from them. In addition the Lake George Park Commission gets a cut of the licensing in Essex, Warren, and Washington County, questioned what do they do with the money? SUPERVISOR CHAMPAGNE-Does not know the details to that. MR. SALVADOR -Noted there is a program in place to take care of the maintenance of the trail system and the money is to come from the licensing program that the State has on this equipment. RESOLUTIONS RESOLUTION OF APPRECIATION OF BERKSHIRE ACQUISITION CORPORATION - HISTORIC PRESERVATION EFFORT RESOLUTION NO.: 439.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Historian has advised the Town Board of the Town of Queensbury that GB Hastie Fence Company of Agawam, Massachusetts, on behalf of the Berkshire Acquisition Corporation, has completed installation of a fence located at the Old Quaker Burying Ground at the intersection of Bay and Quaker Roads, Queensbury, and WHEREAS, by arranging for the installation of this fence, the Berkshire Acquisition Corporation has helped to preserve this burial site of the Town's pioneer ancestors, and WHEREAS, the Town Board wishes to express its appreciation to the Berkshire Acquisition Corporation for its generous gift, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the residents of the Town of Queensbury, expresses its sincere appreciation to the Berkshire Acquisition Corporation for arranging for the installation of a fence located at the Old Quaker Burying Ground, thus ensuring preservation of an important piece of Town history and generously contributing toward making the Town of Queensbury a "GOOD PLACE TO LIVE." Given under the SEAL of the Town of Queensbury this 20th day of December in the year one thousand nine hundred and ninety-nine. AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 440.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker 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 funds be transferred and the 1999 Town Budget be amended as follows: RECORDS MAT: FROM: TO: $ AMOUNT: 01-7510-4400 (Historian -Contractual) 01-1460-4400 (Records Mat Centr) 700. WASTEWATER: FROM: TO: $ AMOUNT: 32-8120-4220 (Education & Training) 32-8120-1560 (Maintenance I Overtime) 320. WATER: FROM: TO: $ AMOUNT: 47-8340-4400 (Misc. Contractual) WATER: 47-8310-4130 (Legal Services) 500. FROM: TO: $ AMOUNT: 47-8340-4400 (Misc. Contractual) 47-8320-4400 (Misc. Contractual) 78. 40-8340-2001 (Misc. Equipment) 40-8340-4111 (Central Fleet) 7,400. 40-8340-2001 (Misc. Equipment) 40-8340-1580-0002 (Meter Man OT) 500. 40-1990-1002 40-8340-1400 10,000. (Contingency-Misc. Payroll) (Laborer) 40-1990-1002 (Contingency-Misc. Payroll) 40-8340-1400-0002 (Laborer APT) 143. 40-1990-1002 (Contingency) 40-8340-1400-0002 (Laborer A OT) 250. 40-8310-4200 (Insurance) 40-1950-4400 (Insurance) 6,200. ASSESSMENT: FROM: TO: $ AMOUNT: 01-1355-4090 (Conference Expense) 01-1355-2010 (Office Equipment) 300. PURCHASING: FROM: TO: $ AMOUNT: 01-1345-4400 (Misc. Contractual) 01-1345-2001 (Office Equipment) 750. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None RESOLUTION AMENDING RES. 421. 99 REGARDING CLOSURE OF CAPITAL PROJECT FUNDS RESOLUTION NO. 441. 99 PULLED INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish DISCUSSION HELD COUNCILMAN TUCKER-Noted they spoke about this last month it was eighty nine thousand dollars questioned where it came from. CONTROLLER, MR. HESS-That was from Hudson River Park COUNCILMAN TUCKER-Questioned if the money is going to stay in the Hudson River Park Fund? CONTROLLER, MR. HESS-Doesn't think so. SUPERVISOR CHAMPAGNE-Would like to pull this. CONTROLLER, MR. HESS-Transferring it to the Capital Project Recreation Assessment Reserve Fund. EXECUTIVE DIRECTOR, MR. ROUND-To the rec fees fund. COUNCILMAN TUCKER-Thought this was done last month. CONTROLLER, MR. HESS-There must have been a technicality that was the intent of it. SUPERVISOR CHAMP AGNE- This is the State money that came back two weeks ago. CONTROLLER, MR. HESS-Can do this one the next time around doesn't know the answer. SUPERVISOR CHAMPAGNE-Recommended to pull this need to take a second look at it. RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND # 119 FOR ENGINEERING AND CONSTRUCTION WORK IN CONNECTION WITH ADDITION TO WATER DEPARTMENT MAINTENANCE GARAGE RESOLUTION NO.: 441. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 315.99, the Town Board of the Town of Queensbury authorized engagement of Paul Cushing to provide engineering services in connection with the addition to the Town Water Department's Maintenance Garage, and WHEREAS, the Town's Water Superintendent has recommended that the Town Board establish a Capital Project Fund to fund the necessary engineering fees, including the fees of Paul Cushing previously authorized, and construction work to build the addition, and WHEREAS, the Town Board wishes to create a new Capital Project Fund for this project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the establishment of a Capital Project Fund to be known as the "Water Department Maintenance Garage Capital Project Fund # 119," which Fund will establish funding for engineering fees and construction work in connection with the construction of the addition to the Town Water Department's Maintenance Garage with funding to be shared equally between Queensbury Water Fund #40 and Central Queensbury Quaker Road Sewer District Fund #32, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes initial appropriations for the new Capital Project Fund #119 in the amount of $250,000 and further authorizes a budget amendment, transferring appropriations from Capital Construction Account No.: 40-8340-2899 to Transfer to Capital Project Account No.: 40-9950-9000 in the amount of $125,000 and a budget amendment, transferring appropriations from Capital Construction Account No.: 32-8120-2899 to Transfer to Capital Project Account No.: 32-9950-9000 in the amount of $125,000 into the new Capital Project Fund #119, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to transfer funds, amend the 1999 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None RESOLUTION ACCEPTING DEDICATION OF EXTENSION OF GENTRY LANE IN BA YBRIDGE SUBDIVISION, PHASE III RESOLUTION NO. 442. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Valente Builders, Inc. has offered a deed to dedicate an extension of Gentry Lane located in the Baybridge Subdivision, Phase III to the Town of Queensbury, which is more particularly described in the survey map prepared by Coulter & McCormack, Land Surveyors dated November 1, 1999 and presented at this meeting, and WHEREAS, the Deputy Highway Superintendent recommends acceptance of the extension of the road, and WHEREAS, the Water Superintendent has confirmed that the installation of water mains and appurtenances has been made in accordance with the Town Water Department's standards, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts and approves the deed for dedication of the extension of Gentry Lane in Phase III of the Baybridge Subdivision, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the road be added to the official inventory of Town Highways to be described as follows: Name: Gentry Lane (First portion previously accepted) Road Number: 518 Description: Beginning at Gentry Lane and continuing in a southwest direction a distance of 700' and .14 hundredths of a mile and ending at a dead end. Feet: 700.14 Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING RELEASE OF PORTION OF ESCROW FUNDS IN CONNECTION WITH CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXT. #6 - EVEREST ENTERPRISES, INC. RESOLUTION NO.: 443.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 316.99, the Town Board of the Town of Queensbury established, authorized and approved Central Queensbury Quaker Road Sewer District Extension NO.6 and the corresponding Sewer Extension Agreement with the Developer, Everest Enterprises, Inc., and WHEREAS, as part of the Sewer Extension Agreement, Everest Enterprises, Inc., agreed to deposit funds in escrow with the Town to cover costs related to construction of the sewer facilities, engineering and other related expenses, and WHEREAS, by Memorandum dated December 7, 1999, the Town's Deputy Director of Wastewater has advised the Town Board that the Sewer District Extension was constructed and inspected in accordance with the Sewer Extension Agreement and therefore has recommended that the Town release the escrow funds (with interest) to Everest Enterprises, LLC minus a sum to be held by the Town to cover a one-year guarantee, Glens Falls Wastewater Treatment Plant Buy-In Costs and three punch list items yet to be completed by the Developer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the return of escrow funds with interest to Everest Enterprises, LLC, which sum shall be the net result of the $42,900 deposit plus interest, minus the guarantee, buy-in and punch list fees, totaling approximately $33,500, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes retention of the approximate $9,400 fund balance, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office and/or Department of Wastewater to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SALE OF PARCEL OWNED BY TOWN OF QUEENSBURY TO OWNERSOFQUEENSBURYPLAZA RESOLUTION NO.: 444.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Resolution No.: 401, 1999, the Town Board of the Town of Queensbury recently abandoned a .05 acre portion of Bank Street which was useless, and WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 200.98, authorized an appraisal of such portion of Bank Street (the "Parcel"), and WHEREAS, the Town Board has received the appraisal from the Bauer Appraisal Group, Inc., and WHEREAS, the Town Board has analyzed whether the parcel is needed for any Town purpose, and WHEREAS, the Town Board now wishes to authorize the sale of the parcel to the owners of the Queensbury Plaza, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the parcel is not needed for any Town purpose, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the amount of $4,000 is a fair and adequate price for the parcel, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby accepts and approves the sale of the .05 acre (2,178 square feet) parcel ofland located at the end of Bank Street adjacent to the Queensbury Plaza for the amount of $4,000 in accordance with the terms of an agreement in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the sale of the parcel to the owners of the Queensbury Plaza and further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction, including, without limitation, the agreement of sale in form acceptable to Town Counsel, the Deed, the Real Property Transfer Report and the Capital Gains Affidavit, and take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall be subject to a permissive referendum in accordance with (64(2) of the Town Law and shall not take effect until such time as provided for Resolutions subject to permissive referendum in Article 7 of the Town Law and the Town Board further authorizes and directs the Town Clerk to post and publish the required notice for Resolutions subject to permissive referendum. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None RESOLUTION REAPPOINTING PAUL HAYES TO TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 445. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, the term of Zoning Board member Paul Hayes will expire December 31st and Mr. Hayes has expressed interest in reappointment to the Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Paul Hayes to serve as a member of the Queensbury Zoning Board of Appeals until his term expires on December 31 st, 2006. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None RESOLUTION AWARDING BID FOR COLLECTION AND DELIVERY OF COMPACTED SOLID WASTE AND RECYCLABLES TO WASTE MANAGEMENT RESOLUTION NO.: 446.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury Purchasing Manager duly advertised for the collection and delivery of compacted solid waste from the Town's two transfer stations to the Adirondack Resource Recovery Facility and collection and delivery of the Town's recyclables from the Town's two transfer stations to a New York State Department of Environmental Conservation approved site, and WHEREAS, Waste Management submitted the only and lowest bid for the services at a cost of $85 per haul, and WHEREAS, the Purchasing Manager and Solid Waste Facilities Operator have recommended that the Town Board award the bid to Waste Management, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for the collection and delivery of compacted solid waste from the Town's two transfer stations to the Adirondack Resource Recovery Facility and collection and delivery of the Town's recyclables from the Town's two transfer stations to a New York State Department of Environmental Conservation approved site to Waste Management for a cost not to exceed $85 per haul, such services to be paid for from the appropriate Town account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor, Solid Waste Facilities Operator and/or Purchasing Manager to sign any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AWARDING BID FOR SENIOR CITIZENS TRANSPORTATION TO WARREN- HAMIL TON COUNTIES COMMUNITY ACTION AGENCY RESOLUTION NO. 447. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury's Purchasing Manager duly advertised for bids for transportation for senior citizens in the Town of Queensbury for the year 2000, and WHEREAS, the Warren-Hamilton Counties Community Action Agency has offered to provide the transportation services for the amount of $11,615, and WHEREAS, the Purchasing Manager has recommended that the Town Board award the bid to the Warren-Hamilton Counties Community Action Agency, the only and lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the contract for transportation of senior citizens for the Town of Queensbury for the year 2000 to the Warren-Hamilton Counties Community Action Agency for the amount of $11,615 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Purchasing Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF CONVENIENT MEDICAL CARE, P.C., TO PERFORM SUBSTANCE TESTING SERVICES RESOLUTION NO.: 448.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury wishes to engage the services of Convenient Medical Care, P.C. to perform substance testing services for the Town for 2000 in accordance with Federal Motor Carrier Safety Regulations (FMCSR), and WHEREAS, Convenient Medical Care, P.C., has offered to provide these services in accordance with the terms and provisions of their agreement presented at this meeting, such agreement in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the engagement of Convenient Medical Care, P.C., to perform substance testing services for 2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the agreement with Convenient Medical Care, P.c. with costs for the services to be paid for from the appropriate accounts. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF JARRETT-MARTIN, LLP TO PROVIDE ENGINEERING SERVICES RELATING TO DEVELOPMENT OF SEWER DISTRICT TO SERVE WARREN AND WASHINGTON COUNTIES INDUSTRIAL PARK RESOLUTION NO.: 449.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, by Resolution No.: 371.99, the Town Board of the Town of Queensbury authorized the Town's Wastewater Director to obtain proposals for engineering services for the preparation of a map, plan and report for the consideration of sewer improvements to serve the Warren and Washington Counties Industrial Park located in the general vicinity of County Line Road, Queensbury, and WHEREAS, the Wastewater Director received and reviewed proposals and has recommended that the Town Board authorize engagement of the engineering services of Jarrett-Martin, LLP for an amount not to exceed $26,665 as delineated in Jarrett-Martin's December 7th proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of the engineering services of Jarrett-Martin, LLP to prepare a map, plan and report for the consideration of sewer improvements to serve the Warren and Washington Counties Industrial Park located in the general vicinity of County Line Road, Queensbury, such engineering services not to exceed the amount of $26, 665, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Wastewater Director and/or Town Supervisor to execute any documentation and take such action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF NORTHEASTERN DATA PROCESSING, INC. TO PROVIDE PAYROLL PROCESSING SERVICE RESOLUTION NO.: 450.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury's Purchasing Manager requested proposals from professional payroll firms for the provision of payroll processing services beginning January 1, 2000, and WHEREAS, the Town Controller, Purchasing Manager and Principal Account Clerk reviewed proposals, interviewed firms and have recommended that the Town Board engage the services of Northeastern Data Processing, Inc. (NDP) for the estimated annualized amount of $8,500 as delineated in NDP's proposal dated December 9, 1999 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of Northeastern Data Processing, Inc. (NDP) to provide payroll processing services for the estimated annualized amount of $8,500 as delineated in NDP's proposal dated December 9, 1999, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office to establish any necessary account or make any necessary budget transfers to pay for NDP's services, including the transfer of $775 from 1999 Contingency Account No.: 001-1990-4400 to Controller Contractual Account No.: 001-1315-4400 to cover the initial startup charges which will be payable before year-end, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor, Controller and/or Purchasing Manager to execute any forms or agreements in form approved by Town Counsel necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LITTLE LEAGUE RESOLUTION NO. 451. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Queensbury Little League, and WHEREAS, a proposed Agreement in form approved by Town Counsel is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and the Queensbury Little League and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH WARREN SNOWMOBILE CLUB RESOLUTION NO. 452. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to enter into an agreement with the South Warren Snowmobile Club, and WHEREAS, a proposed Agreement in form approved by Town Counsel is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and the South Warren Snowmobile Club and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING POSTING OF NO HUNTING SIGNS AT ANY TOWN PARK RESOLUTION NO.: 453.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, there are public parks (Parks) located within the Town of Queensbury (Town), and WHEREAS, a variety of children's playground equipment, ball fields and boat launches are located throughout such Parks, and WHEREAS, public roads and private residences are found near such Parks, and WHEREAS, the Town is concerned that public safety is endangered by persons carrying and/or discharging firearms in Parks, and WHEREAS, the Town Board has management, custody and control of all Town lands in accordance with Town Law (64(3), and WHEREAS, in accordance with Environmental Conservation Law (11-2111, lands may be protected from unauthorized use by the posting of notices, and WHEREAS, the Town Board has determined that the posting of notices prohibiting hunting, carrying or discharging firearms at Parks is necessary to protect the safety, health and well-being of the public, including children who may be enjoying the Parks, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Director of Parks and Recreation, in his discretion, to post notices at any town Park prohibiting hunting, carrying or discharging firearms, and BE IT FURTHER, RESOLVED, that such notices shall not be less than 11 inches x 11 inches and shall bear a conspicuous statement which shall cover a space of not less than 80 square inches, containing the word "posted," the name and address of the Town Board of the Town of Queensbury and which shall prohibit hunting, carrying or discharging firearms within the Park, and BE IT FURTHER, RESOLVED, that such notices shall be posted not more than 660 feet apart close to and along the boundaries of the Park and that at least one sign shall be posted on each side of the Park and on each side of each corner of the Park, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Parks and Recreation to take any and all actions necessary to effectuate this Resolution, including but not limited to purchasing the notices described in this Resolution. Duly adopted this 20th day of December, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None RESOLUTION 454 1999; RESCINDING RESOLUTION 252, 95 WHICH "DISCONTINUED" A PORTION OF FULLER ROAD RESOLUTION NO. 454. 99 DEFEATED INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by Resolution 252 of 1995 enacted April 17, this Board purported to "discontinue" an approximately 1, 850 foot portion of Fuller Road in reliance on Section 171 of the Highway Law, and; WHEREAS, by a Decision of the Queensbury Town Court (Michael 1. Muller, Town Judge) dated December 3, 1999 in People V. Morrell et al a matter involving a charge of criminal Trespass on the highway at issue, a Court determined, on the merits, that the Board's previous action was unconstitutional and ultra vires since the highway in question was a long-standing "highway by use" which would require "abandonment" under the procedures of Highway Law Section 205, rather than the procedures used by the Board relating to "dedicated" highways, and; WHEREAS, Justice Muller also determined that, as a "highway by use" which had been used by the public "as early as 1876", the highway right-of-way in question retained its character as public rather than private property, and that as such, members of the public can not be found guilty of criminal Trespass for entering upon or using the Fuller Road right-of-way as a public easement, on the basis that this Board's " ... purported act of closure is without legal effect "because" a highway by use could not be closed by a statute which exclusively controls closure of a highway by dedication", and; WHEREAS, based on the foregoing, it appears that the Board's Resolution 252 of 1995 was based on an erroneous interpretation of the relevant provisions of the Highway Law affecting the proposed "discontinuance's" or abandonment's" of "highways by use" such as Fuller Road, NOW, THEREFORE, the Board resolves as follows: 1. Resolution 252 of 1995, be and the same is hereby revoked; 2. The Highway Superintendent is directed to immediately remove any and all barricades and/or obstructions to public use across or within the Fuller Road highway right-of-way in question, as such obstructions are unauthorized, a public nuisance and a safety hazard. Duly adopted this 20th day of December, 1999, by the following vote: Ayes: Mr. Irish, Mr. Tucker Noes: Mr. Merrill, Mr. Turner, Mr. Champagne Absent:None DISCUSSION HELD BEFORE VOTE COUNCILMAN IRISH-Noted the reason he brought the resolution forward was basically in a criminal case in front of Judge Muller, Judge Muller took a look at the merits the way Fuller Road was closed originally and found that it was unconstitutional. Brought forward this resolution to rescind the original resolution and if the Town desires to then discontinue or abandoned that road in a legal fashion, I guess they can do that at some later date, would like to make that motion. COUNCILMAN TUCKER-Seconded motion. COUNCILMAN MERRILL-Noted he has had a discussion regarding this matter with Town Counsel this afternoon questions the significance of Judge Muller's decision. Recognizes it is a criminal case, but what are the ramification as far as road closure is concerned, what is the Town's obligation here, what is the natural step that would be taken as a result of Judge Muller's decision if we did not pass this resolution? TOWN COUNSEL, MR. SCHACHNER-Judge Muller's decision mayor may not have a large amount of significance in the ultimate fate in the portion of the road. The direct answer to one of your specific question which is what is the Town's obligation under Judge Muller's decision is there is no obligation. You then asked what's a logical step under Judge Muller's decision, I guess that depends what you think is logical. Certainly if a majority of the Town Board wishes to reopen the portion of the road that was discontinued that strikes me as a logical thing to look into. We've been involved in many road closures although we were not originally involved in this particular one, but I have to confess we have not been involved in any situation nor am I specifically aware of a situation where a Town has reopened a portion of a road that was previously discontinued. We would prefer to advise the board as to what the proper procedure to follow is. Seems to me the Town has already run into difficulty over allegations over not following proper procedure when this was originally done, again, before our tenure I would hate to see allegations against the Town during our watch so to speak for not following the proper procedure and I don't know what the proper procedure is I would be happy to look into that if the majority of the Town Board wants us to do that. COUNCILMAN IRISH-How about if I withdraw my motion for this and make a motion to set a public hearing for the second meeting in January for a public hearing to rescind this resolution do you need a public hearing to rescind this? TOWN COUNSEL, MR. SCHACHNER-Today at about four o'clock is the first I heard of this and therefore I haven't had a chance to look into what's the proper procedure to reopen a portion of a road that has previously been discontinued. COUNCILMAN MERRILL-I think it is a fair question to put to our legal counsel as to what the proper procedure would be. TOWN COUNSEL, MR. SCHACHNER-We're happy to look into if the majority of the board wants to do that. COUNCILMAN TURNER-The Town closed the road the other people went against the Town on it they lost their appeal. COUNCILMAN IRISH-No they didn't that's not true. COUNCILMAN TURNER-If they lost their appeal then that's a road by use and that road reverts back to the property owner. TOWN COUNSEL, MR. SCHACHNER-Who lost which appeal? COUNCILMAN TURNER-The people against the Town... ... COUNCILMAN IRISH-This issue never got to court. COUNCILMAN TURNER-It got to court it wasn't filed in time right, never the less they lost that road reverts back to the owner. TOWN COUNSEL, MR. SCHACHNER-When you say they lost their appeal if you are talking about the initial appeal of the decision in the Warren County Supreme Court that decision being that the closure of the road would not be overturn then the road remained closed as far as the court was concerned and it doesn't revert back to anybody the road was closed. COUNCILMAN TURNER-That's my question. COUNCILMAN IRISH-They never heard the merits of the case in any court. COUNCILMAN TURNER-I know they dismissed it that there wasn't time enough. COUNCILMAN IRISH-MuIler went back and visited it and said, where a local government acts beyond the scope of its authority granted to it, it acts will be considered unconstitutional. I don't know about you, but when I took office I swore to uphold the constitution. COUNCILMAN MERRILL-I guess my concern is what ever this board or any future board does we need to make sure we're following proper procedures and we clearly need more legal advise on this. TOWN COUNSEL, MR. SCHACHNER-Happy to give it. SUPERVISOR CHAMPAGNE-We still have a motion on the floor here motion made and seconded want to vote it. Vote taken. PLANNED DICUSSIONS NONE WORKSHOP CONTROLLER, MR. HESS-Updated the board regarding Y2K noting he believes the Town is ready for Y2K they have a couple of computers in reserve. Mr. Shaw and Mr. Lashway have been able to streamline the process. Mr. Shaw has identified five departments that are key and critical to confirming the Y2K readiness of the networks. Community Development, Accounting Department, Assessor Office, Water Department and Recreation Department although the other departments are tied in with the networks we've been able to identify that the users of these departments if they can go in and certify on the first that their programs are running right or at least identify problems that will take care of the bulk of what else happens in the Town. Mr. Shaw is scheduling with members of those five departments to come in sometime that morning and open their computers and run the key processes and make sure things are running the way they should. Staff will be on hand from noon to at least two o'clock and beyond that if there is remedial action needed on the first. We have done all we can do at this point to avoid Y2K problems thinks they have done an excellent job on that. SUPERVISOR CHAMPAGNE-Noted on January 1st, 10:00 a.m. Organizational Meeting of the new Town Board. OPEN FORUM PAUL ABESS, QUEENSBURY -Spoke to the board regarding Fuller Road noting he would like to see this board rectify the illegal and insulting barriers that after four years continue to prevent the public from using what is theirs. Noted if the barriers are not taken down immediately and someone is hurt trying to get over around or through them which is our right then you will personally be negligent. After someone is hurt which is very probable proposing that you'd be sued personally so that taxpayers of Queensbury don't get stuck again paying for your poor judgment both for the settlement and paying your Attorney fees. Requested Councilman Merrill to make good on his word. COUNCILMAN MERRILL-The Fuller Road closure took place long before I came on the board I do not have any first hand knowledge of the circumstances. Noted his position has been and continues to be that the case should be tried on its merits. Has spent the better part of the day reviewing this with Town Counsel. Noted his concern is whatever we do this board or any future board that we follow proper procedures. Doesn't think it is the proper procedure to act on this resolution tonight without examining it further. SUPERVISOR CHAMPAGNE-Noted he has been in touch with other attorney's has been in touch with the District Attorney's Office this is not an easy matter to sit here tonight and pass judgment on where do we go from here. COUNCILMAN ELECT BREWER-Noted Mr. Abess is in agreement that from December 1st, to April 1st the road is closed and the barriers are problems. If what you are saying is from December to April you will stay away from the barriers of the road. . . . . . . . . MR. ABESS- The Town put the barriers up they had no right to put the barriers up and right now they are dangerous. Noted a limited use Highway doesn't have barriers up the law is very specific you can't put barriers up on it. COUNCILMAN ELECT BREWER-Noted if it is going to be settled one way or another whether it is this board or the next board why don't you stay away from it nobody gets hurt until the thing is settled. MR. ABESS-Noted because four years we have, the Town has dragged his heels. JOHN SALVADOR-Spoke to the board regarding Fuller Road noted he fundamentally agrees with Mr. Abess that this board should take action. Noted Mr. Naylor filed an order to discontinue Fuller Road, but did not do it without authorization his authorization came from the Town Board. (read order into record) noting the words discontinuance and abandonment are not interchangeable and they don't apply to the same kind of road I think we all conclude that's a fact that's the error that was made and that error is in the resolution and this is the basis to nullify that resolution noting this board can do that. Part of the arrangement was that the Rowlands would deed back to the Town a fifty foot by fifty foot piece of ground to serve as a turn around. There is a deed for the turn around and it was mapped on a tax map Mrs. Otte has a copy in her office noted at the County there is a tax map that does not have this turn around on it. Nullifying this resolution of 252 of 1995 would set the wheels in motion to get the public right-a-way back into the peoples hand. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 455. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVES FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel matters. Duly adopted this 20th day of December, 1999, by the following vote: Ayes: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 456. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 20th day of December, 1999, by the following vote Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None Absent:None On motion, the meeting was adjourned. Respectfully Submitted Darleen M. Dougher Town Clerk Town of Queensbury