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2000-12-18 TOWN BOARD MEETING DECEMBER 18, 2000 7:03 P.M. MTG #57 RES. 506-529 BOH #42-43 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Henry Hess, Comptroller Helen Otte, Assessor Chris Round, Executive Director of Community Development David Hatin, Director of Building & Codes Ralph VanDusen, WaterfWastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent PRESS: Glens Falls Post Star Supervisor Brower called meeting to order. . . PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BROWER PUBLIC HEARING - Concerning Proposed Extension to Queensbury Consolidated Water District - Eagan Road Extension, Palmer Drive Extension and Caroline/Knight Street Extension Notice Shown 7:04 P.M. SUPERVISOR BROWER-Ralph, would you like to address the board on these extensions? MR. RALPH VANDUSEN, WATER/WASTEWATER SUPERINTENDENT -Actually, I was expecting Tom Nace to be here today to do the presentation. In his absence, I'll be happy to fill in. First of all, I'd like to talk about the Eagan Road Extension. Eagan Road, as you know is a town road, the water district does not go to the end of the town road. The water line goes to the end of the district boundary. Bill Threw is seeking to have the town to a district extension from where the line currently ends, the district boundary currently ends, approximately three hundred feet additional down the road. He has lots along there that he is attempting to sell. He will install the water line to the town's specs, have it inspected and then turn it over to the town. At the completion, that extension would become part of the Queensbury Consolidated Water District. Net cost to the town is zero. We gain three new customers and a very slight increase in the tax base. So again, the summary, it's three hundred feet of six inch water line to extend the district boundary and the water line within that three hundred feet. COUNCILMAN BREWER-Do you see a need Ralph of going any further down Eagan as times goes on or? MR. VANDUSEN, WATER/WASTER SUPERINTENDENT -Currently, it's undeveloped. The design of it, we had asked his engineer to design it so that extension farther down the town road is relatively simple, will not require shutting the water off to the existing customers to facilitate that expansion. The other two I asked Tom to include within this map, plan and report were Palmer Drive and Caroline, Knight Street. Both of those areas have customers that we're currently serving from existing water lines within the district but their properties are either immediately adjacent or directly across the road from an existing district. We serve those people by contract. They pay a fee which is equivalent to those people within the district and within the contract it stipulates that the next time we do a district extension that they would be incorporated within that extension. So, it's kind of a paperwork thing to add these people to the existing district. There is no infrastructure necessary to be added to serve these people. They are current customers. The net effect is they will pay the exact same water cost that they're paying right now. It will, it makes it easier for us. Currently when we calculate their metered bill we have to add on a surcharge equivalent to what their advalorem tax would be. By consolidating into the district, it just puts them in the same category as the other seven thousand customers. SUPERVISOR BROWER-Any other questions from board members at this time? COUNCILMAN STEC-No. COUNCILMAN TURNER-No. SUPERVISOR BROWER-Thank you, Ralph. At this time I'd like to invite any members to the public that would like to speak either in favor or in opposition to this extension to come forward? Being none, I'll close the public hearing at this time. PUBLIC HEARING CLOSED 7:06 P.M. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT - EAGAN ROAD EXTENSION, PALMER DRIVE EXTENSION AND CAROLINE/KNIGHT STREET EXTENSION RESOLUTION NO.: 506, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish three (3) extensions to the Queensbury Consolidated Water District to be known as the Eagan Road Extension, Palmer Drive Extension and Caroline/Knight Street Extension, and WHEREAS, the Town Board 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 in accordance with 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 18th day of December, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Mr. Chris Round, Executive Director of Community Development lead the Town Board, after introduction of Resolution No. 506,2000 and before the vote, through the following: FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND 1. Will the proposed action result in physical change to the project site: NO Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 1O%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusualland forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO Specific land forms: IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? NO Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? NO Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: 5. Will proposed action affect surface or groundwater quality or quantity? NO Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? NO Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 Ibs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMP ACT ON PLANTS AND ANIMALS 8. Will proposed action affect any threatened or endangered species? NO Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 9. Will proposed action substantially affect non-threatened or non-endangered species? NO Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMP ACT ON AGRICULTURAL LAND RESOURCES 10. Will the proposed action affect agricultural land resources? NO Examples that would apply The proposed action would sever, cross or limit access to agriculturalland (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agriculturalland. The proposed action would irreversibly convert more than 10 acres of agriculturalland or, if located in an Agricultural District, more than 2.5 acres of agriculturalland. The proposed action would disrupt or prevent installation of agriculturalland management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMP ACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? NO Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMP ACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? NO Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? NO Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMP ACT ON ENERGY 15. Will proposed action affect the community's sources offuel or energy supply? NO Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMP ACTS 16. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMP ACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? NO Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMP ACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? NO Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO Mr. Round, Executive Director-Your resolution includes a negative declaration. (vote taken) RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSIONS TO QUEENSBURY CONSOLIDATED WATER DISTRICT - EAGAN ROAD EXTENSION, PALMER DRIVE EXTENSION AND CAROLINE/KNIGHT STREET EXTENSION RESOLUTION NO.: 507, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish three (3) extensions to the Queensbury Consolidated Water District to be known as the Eagan Road Extension, Palmer Drive Extension and Caroline/Knight Street Extension, and WHEREAS, Bill Threw, Inc. is the Developer requesting the Water District Extensions, and WHEREAS, a map, plan and report has been prepared regarding these extensions, the Eagan Road Extension to serve an area in the south-central portion of the Town of Queensbury toward the end of Eagan Road, which is west off of the central portion of Big Bay Road; the Palmer Drive Extension to serve an area along the north side of Palmer Drive, off of Big Bay Road a short distance south of the Eagan Road Extension; and the Caroline/Knight Street Extension to serve an area at the intersection of Caroline and Knight Streets adjacent to the western boundary of the City of Glens Falls, such extensions more specifically described in the map, plan and report, and WHEREAS, the map, plan and report prepared by Nace Engineering, P.C., 169 Haviland Road, Queensbury, New York has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the map, plan and report shows the boundaries of the proposed extensions to the Queensbury Consolidated Water District, a general plan of the water system, a report of the proposed water system and method of operation and the source of water supply, and WHEREAS, the map, plan and report shows the water distribution mains, gate valves, and hydrants, together with the location and a general description of all related or appropriate public works existing or required, and WHEREAS, on December 4th, 2000, subsequent to the filing of the map, plan and report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Water District Extensions; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water 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 Water District Extensions; 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, a public hearing on the proposed Water District Extensions was duly held on December 18th, 2000 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Water District Extensions in accordance with Town Law Article 12A and consolidate the Extensions with the Queensbury Consolidated Water District in accordance with Town Law ~206A, and WHEREAS, the Town Board has considered the establishment of the proposed District Extensions in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to establish, authorize, and approve the Eagan Road Extension, Palmer Drive Extension and Caroline/Knight Street Extension to the existing Queensbury Consolidated Water District as described in the map, plan and report on file with the Queensbury Town Clerk; 3. All property and property owners within the Extensions are benefited; 4. Extensions; All benefited property and property owners are included within the limits of the 5. In accordance with New York State Town Law ~206a, 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 authorizes, approves and establishes the Eagan Road Extension, Palmer Drive Extension and Caroline/Knight Street Extension of the Queensbury Consolidated Water District and the Extensions are in accordance with the boundaries and descriptions set forth in the previously described map, plan and report and construction of the improvements may proceed and service provided and subject to the following: 1. of Health; the obtaining of any necessary permits or approvals from the New York State Department 2. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. a permissive referendum in the manner provided in New York State Town Law Article 7; 4. the adoption of a Final Order by the Queensbury Town Board; 5. Counsel; the execution of an agreement concerning the extension in form acceptable to Town 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 Article 7 and Article 12-A and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post, and publish such notice of this Resolution as may be required by law. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None HEARING - Unsafe Structure On Property Owned by Gordon La Barge Located at 2827 Ridge Road, Queensbury 7:13 P.M. SUPERVISOR BROWER-Okay, the next hearing will be on an unsafe structure on property owned by Gordon La Barge located at 2827 Ridge Road in Queensbury and Dave would you come to the mic, please, Dave Hatin. MR. DAVID HATIN, DIRECTOR OF BUILDING & CODES-Gordon La Barge is also here if you want him to come up. This is an action that Supervisor Brower asked me to bring to the board for a hearing tonight. Basically what we have is a structure that's showing signs of deterioration, disrepair, the outside walls are starting to come apart. I have pictures that were taken today from the road that show the obvious signs. Would you like to look at them before we go any farther? SUPERVISOR BROWER-Just to update the board, this action came before us previously and we postponed it. I tried to see if we could obtain some county funding for Mr. La Barge for housing rehabilitation. The county indicated to me in a verbal report that the building was in such condition of disrepair that they would not fund such a project, would not recommend it for HUD funding. Therefore, we weren't able to help Mr. La Barge from a financial point of view but we did attempt to see if there was a way we could assist him and as a result, we sent a letter out to Mr. La Barge, oh, how long ago, Dave? MR. HATIN, DIRECTOR OF BUILDING & CODES-The most recent is attached to the resolution. SUPERVISOR BROWER-Asking him to get back either to Dave or myself, to indicate what his intentions were to do with the, you know, what he was going to do with the property, fix it up or not fix it up and we didn't hear from him therefore it's on the agenda this evening. MR. HATIN, DIRECTOR OF BUILDING & CODES-The last letter was September 29th. Mr. La Barge is here if you would like to ask him any questions? SUPERVISOR BROWER-Well, I certainly would like Mr. La Barge to address us. Mr. La Barge, would you care to come forward? MR. GORDON LA BARGE-My name is Gordon La Barge, I own property on 2027 Ridge Road not 2827. All right, I get laid off Friday. If you give me the week after Christmas, I'll start doing something up there. But I can only do what I can afford to do because I still have to live. I have a family. My bills still have to be paid. SUPERVISOR BROWER-What are your intentions, Mr. La Barge? MR. LA BARGE-My intentions and what I asked Mr. Hatin, quite some time ago, when you told me I could only take fifty percent of the structure down at a time to rebuild it, I asked you what constitutes fifty percent if I take the top half of the house right off? You never gave me an answer. I've been here three times to see you since you sent me the letter. Have I not? MR. HATIN, DIRECTOR OF BUILDING & CODES-No, you haven't. MR. LA BARGE-Dave, come on. MR. HATIN, DIRECTOR OF BUILDING & CODES-No, I'm sorry Gordon, you haven't. The last time you were here was in January when the Supervisor had me put this on the agenda, that's the last time I talked to you about this. MR. LA BARGE-Maybe you better talk to your people downstairs because I was here, you were out on the road with somebody one day when I was here. MR. HATIN, DIRECTOR OF BUILDING & CODES-I never was asked to call you or contact you. SUPERVISOR BROWER-What were you considering doing? What's your plan of action? MR. LA BARGE-What I, what my plan is, is to take the top half of the house off. It's not going to be a two story house no longer. What my plan is, is to use the original footprint because Mr. Hatin told me if I took the whole house down, that I'd have to move it. MR. HATIN, DIRECTOR OF BUILDING & CODES-That's correct. MR. LA BARGE-All right, just so I know I'm right. I would like to take the top half of the house off. I know the structure is no good, it has to be, it will be a brand new structure once started. Now, you did tell me that I could only take fifty percent of the house down at a time, correct? MR. HATIN, DIRECTOR OF BUILDING & CODES-I told you if you took more then fifty percent of the house down, then it would constitute new construction. MR. LA BARGE-So, I could only take fifty percent at a time? MR. HATIN, DIRECTOR OF BUILDING & CODES-No, fifty percent any once. MR. LA BARGE-Pardon? MR. HATIN, DIRECTOR OF BUILDING & CODES-Fifty percent at anyone time. SUPERVISOR BROWER-You mean he couldn't build on the same footprint, Dave? MR. HATIN, DIRECTOR OF BUILDING & CODES-If he tore the whole structure down, no, he would have to meet today's requirements. COUNCILMAN BREWER-If he took half of the structure down at a time, he'd still have to meet the requirements, wouldn't he? MR. HATIN, DIRECTOR OF BUILDING & CODES-Yea, I'm saying once you take fifty percent, you're going to have to meet the requirements if he wants to rebuild the part that's there. I mean, until he does something, I can't sit here and say, this is exactly what he's going to do and this is what I've explained to him several times. He has to make a decision what he's going to do. To this date, we haven't gotten a decision of what he's going to do yet. MR. LA BARGE-I know what I'm going to do, I want to build a house there. MR. HATIN, DIRECTOR OF BUILDING & CODES-But MR. LA BARGE-A better house then that is there, I want to make it worth something. All right? MR. HATIN, DIRECTOR OF BUILDING & CODES-And that's fine but if you go the route we've talked about last time, then you will need a variance if you want to put it back on the same footprint. MR. LA BARGE-If! took the whole house down, right. MR. HATIN, DIRECTOR OF BUILDING & CODES-If you took the whole house down, correct. MR. LA BARGE-And then I asked you, if I took the top half of the house off what constitutes fifty percent? MR. HATIN, DIRECTOR OF BUILDING & CODES-Fifty percent is fifty percent. Half the house is gone, you have to meet today's requirements. MR. LA BARGE-That's what I'm trying to get at. MR. HATIN, DIRECTOR OF BUILDING & CODES-I can't sit here MR. LA BARGE-It's not going to be a two story house, Dave. MR. HATIN, DIRECTOR OF BUILDING & CODES-For the board's information, I can't sit here and tell him what to do when I have nothing before me to show me what he's going to do. It's tough, we can talk about it all night long but until he proposes something to us, I can't give him a direct answer. COUNCILMAN MARTIN-The purposes is for a house? SUPERVISOR BROWER-So, you would want some prints or something showing MR. HATIN, DIRECTOR OF BUILDING & CODES-We need something. MR. LA BARGE-I do. I have a floor plan. MR. HATIN, DIRECTOR OF BUILDING & CODES-We need something. I have nothing. COUNCILMAN MARTIN-Your purposes is to make this your home? MR. LA BARGE-To make it a home again. See, I've done, since I've been going through this with the Town of Queensbury, I have purchased, bought another home somewhere. I still want to put a home on that property. COUNCILMAN MARTIN-Okay. MR. LA BARGE-And up to code, I'm not looking to beat nobody or do anything behind anybody's back. COUNCILMAN MARTIN-What if he gets a building permit filed, Dave? MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, obviously that starts the time clock. I think what the board has to understand is, this resolution does two things. Number one, it sets the time clock in motion. Number two, it gives Mr. La Barge thirty, sixty days to make a decision on what he's going to do. If at the end of that sixty days, nothing is done, then we're back here before you again and he has to either tell you what he's going to do or the board can take action. So, he's got a sixty day time frame. SUPERVISOR BROWER-Now, if he files a building permit, my understanding is he has like, what is it, two years to complete the building? MR. HA TIN, DIRECTOR OF BUILDING & CODES-The building permit itself is good for two years, correct. SUPERVISOR BROWER-And then he can renew that if he needs it? MR. HATIN, DIRECTOR-He can renew it but that still does it solve the existing structure problem. You can submit a building permit in my office, if you take no action on the structure that's there, we're still in the same boat we're in right now. That's, and we have to address the structure that's there, not what he wants to do. What's there right now is the issue, not what he wants to do. MR. LA BARGE-And the structure is no good, I know that. There's nothing, I can't even rebuild what's there, you know what I mean. I realize that, Dave. MR. HATIN, DIRECTOR OF BUILDING & CODES-I think there's your answer right there, he can't rebuild what's there. MR. LA BARGE-But, if! can only take fifty percent down at a time, I'll take two walls off the bottom of that house and the floor and start there, if that's what I have to do. MR. HATIN, DIRECTOR OF BUILDING & CODES-I think we're talking apples and oranges here. COUNCILMAN MARTIN-How much of the SUPERVISOR BROWER-Let me ask you, how, what kind of a problem would it be to get a variance to rebuild this house? MR. HA TIN, DIRECTOR OF BUILDING & CODES-That's up to the Zoning Board, I can't speak for the Zoning Board. I mean, he can certainly apply for that, I think if he can show reasonable, reasons for wanting the house back in there. COUNCILMAN MARTIN-So, how much out of compliance is he? SUPERVISOR BROWER-Have you actually thought about that, Mr. La Barge? MR. HATIN, DIRECTOR OF BUILDINGS & CODES-The problem is wetlands. MR. LA BARGE-Thought about what? SUPERVISOR BROWER-Have you thought about the possibility of just tearing the house down and ask about applying for a variance and COUNCILMAN MARTIN-Being able to build a new one right where it is. SUPERVISOR BROWER-Now Dave, could he apply for the variance before he tore the house down? MR. HATIN, DIRECTOR OF BUILDING & CODES-Sure. MR. LA BARGE-That's what I want to do. COUNCILMAN BREWER-I'm kind of confused. SUPERVISOR BROWER-So, you really want to build a new one story house there? COUNCILMAN TURNER-He wants to build a new house. MR. LA BARGE-Yea but you've got to understand, there's an original footprint there that has nothing on it. That was there when I was a child and my parents bought the place, alright. My Dad had built what is there now. That is part of the other footprint. What I want to do is take the top half of the house down. If! can still build in the original footprint, I'll take the whole house down if that's going to make everybody happy. COUNCILMAN MARTIN-Chris, I thought we had, there was a one year MR. LA BARGE-But he's telling me that if! take more then fifty percent of the house down, which would be more then fifty percent if I take the top half off and two walls down. You understand what I'm getting at? COUNCILMAN MARTIN-I thought there was a one year on a nonconformity? MR. LA BARGE-He has not give me a decision of what fifty percent of the house is going to be if I take the top half of the house down. COUNCILMAN MARTIN-Alright, hold on, hold on. I thought there was a one year MR. ROUND, EXECUTIVE DIRECTOR-Jim, there's an eighteen month for nonconforming structures if it was damaged by natural causes, an act of God, wind storm, ecetera. This is, you know, this is in the judgement of our office, it's an unsafe structure and I think Mr. La Barge is trying to build a new structure in the same location with as little COUNCILMAN MARTIN-Is the issue that it's, it can't meet the front yard setbacks? MR. LA BARGE-Oh, it meets all the setbacks. MR. ROUND, EXECUTIVE DIRECTOR-I think there's two setbacks that it doesn't, I'm not MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, yea there's, we have two issues. Number one is, depending on where the new structure goes, I mean and like I said, until we have a proposed plan, we can tell him what those setback variances may be. The other is, you have wetlands adjacent to this property. The other issue is the septic system that which we haven't gotten into. COUNCILMAN MARTIN-Well, it sounds to me then like he's got a ready made argument for an area vanance. MR. LA BARGE-The wetlands is part of my property, what you're calling wetlands. COUNCILMAN MARTIN-Well, that's what I mean. Why don't we, why don't I propose this, we'll get this time frame started on this sixty days, okay, all right but if you can come into Chris's office tomorrow or at your convenience, I know it's holiday time MR. LA BARGE-See, I wouldn't COUNCILMAN MARTIN-Hold on, hear me out. MR. LA BARGE-All right. COUNCILMAN MARTIN-Alright, it's holiday time, why don't we say even after the first of the year. Okay, get your Christmas Holidays out of the way, the New Year's, all that, go in and see Chris after the first of the year and fill out an area variance application for a brand new structure. Alright, and then in the mean time you can start making plans about how to demolish this. If your variance is approved and you should know, if he gets it in, we should know before the sixty days runs out where you stand, then we can, you can tear that down and you'll have rights to build a new structure without having to worry about this old one. Okay? MR. LA BARGE-Now, I have to come and apply for what, now? COUNCILMAN MARTIN-An area variance and Chris's staff can take you through that application process, they can explain it to you, it's got a lot of, it sounds complicated but it's not too bad if they sit down and take you through it. Okay? MR. LA BARGE-All right. COUNCILMAN MARTIN-And we'll get, you know I would propose we get this time frame started but you know, you can get that action under way and should you be successful, you'll have rights to build a brand new structure and not have to worry about the old one at all. MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, Jim just add to that too is that the variance is only good for a year. COUNCILMAN MARTIN-Well, I know that. MR. HATIN, DIRECTOR OF BUILDING & CODES-So, he has to apply for a building permit within the year to preserve that, the variance. COUNCILMAN MARTIN-Right. COUNCILMAN BREWER-Well, that's not a big issue. MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, I'm just saying, nothing has happened in the last two years. COUNCILMAN MARTIN-Well, that gives him a year. I mean, you know, I don't know how things are for you but at least, a year is better then, you know MR. LA BARGE-I have my floor plan and everything. I've done, had the property surveyed, I have my setbacks and everything. COUNCILMAN MARTIN-All right, I'll tell you what you do then, then when you bring, when you come in after the first of the year, bring the information you have. If you have a survey, that would be very good, alright, to help start this application process and a floor plan is really not necessary for this. But what we need to do is find out where you want to locate the new structure on your lot, alright and you have an opportunity now to move it around a little bit if you want. You're not married to being on this foundation and being at this size. MR. LA BARGE-Right. COUNCILMAN MARTIN-Okay? MR. LA BARGE-Yea. COUNCILMAN MARTIN-Sound fair? MR. LA BARGE-Fair enough to me. COUNCILMAN MARTIN-Alright, come in then after the first of the year? MR. LA BARGE-Yea, the second of January, I'll be here. COUNCILMAN MARTIN-Okay. COUNCILMAN BREWER-Can I ask one question? I'm confused as to, I know on the Planning Board, if someone came in and they needed a site plan, they could tear down the structure and build it in the same footprint. Is that not so or? MR. ROUND, EXECUTIVE DIRECTOR-No, that's not correct. COUNCILMAN MARTIN-It wasn't a case like we had, like Chris said a, like we had a house burn down once on Assembly Point and somebody built COUNCILMAN BREWER-And you're allowed to build. COUNCILMAN MARTIN-And they were allowed to build in that correct, it was unforeseen COUNCILMAN BREWER-On the same footprint? COUNCILMAN MARTIN-Right, it was a nonconforming structure. What's his name built it, oh, I can't think of his name. MR. LA BARGE-See Mr. Brewer, the thing is on, in my case, they're saying that my structure is too close to the wetlands. COUNCILMAN BREWER-But it's there. MR. LA BARGE-But it's been there for forty years. COUNCILMAN MARTIN-Well, that's what I mean, it sounds like you have a ready made argument for area variance because you've got natural forces happening on that lot that are beyond your control. The fact that there's a wetland there has got, it's nothing that you did. MR. LA BARGE-Right. COUNCILMAN MARTIN-Alright? And, what the board will try and do generally, is find the best place to put that structure on that lot. You know, keeping it as far away as possible from the wetlands and all those types of things. MR. LA BARGE-Right and stay within the setbacks. COUNCILMAN MARTIN-Alright? MR. LA BARGE-Okay, I thank you. Thanks Dave. MR. HATIN, DIRECTOR OF BUILDING & CODES-Okay. COUNCILMAN BREWER-Well, he might not even need a variance if he can stay within the setbacks. COUNCILMAN MARTIN-Well, come in and see Chris and they can go through the dimensions. SUPERVISOR BROWER-Well, Mr. La Barge, the important thing is, the important thing is MR. LA BARGE-Let me ask you something, gees, what if they don't grant me the variance, what happens then? SUPERVISOR BROWER-Well, then you're probably going to have to COUNCILMAN BREWER-Tear it down. SUPERVISOR BROWER-Well, probably go back to MR. LA BARGE-It's got to come down anyhow, there's no two ways about that and I know that. COUNCILMAN MARTIN-Well, when you go in to see Chris, he'll take you through the tests that you have, there's a series of questions that have to be addressed by the board when they take up your application. MR. LA BARGE-Right. COUNCILMAN MARTIN-You go through those questions and I think you'll be a lot better, let's put it that way. COUNCILMAN BREWER-Gordon, how big is the property? MR. LA BARGE-Two oh eight by two oh eight. COUNCILMAN BREWER-And you can't find a place in that area to COUNCILMAN MARTIN-Well, it's RR3, that's, it's real big zoning. COUNCILMAN BREWER-Oh, alright, okay. MR. LA BARGE-See, I'm in AP A and the Town of Queensbury. COUNCILMAN TURNER-Yea, pre-existing nonconforming use. SUPERVISOR BROWER-The house was there before they knew wetlands were wetlands. COUNCILMAN MARTIN-Now, do you have the exterior dimensions of the house though that you'd like to build, the general MR. LA BARGE-My floor plan, yea, forty-two by thirty-six. COUNCILMAN MARTIN-Okay, bring that and your survey. MR. LA BARGE-Okay, thank you. SUPERVISOR BROWER-But Mr. La Barge, don't fail to act on this. MR. LA BARGE-No, I won't. SUPERVISOR BROWER-Don't ignore it. MR. LA BARGE-I won't. SUPERVISOR BROWER-Okay. MR. LA BARGE-But, see I work the other side of Ravena every day, I leave my house at three thirty in the mornmg. COUNCILMAN MARTIN-I know, it's difficult. MR. LA BARGE-I don't get home until seven thirty, eight o'clock at night. The weekends come, there's so much going on that I haven't had a lot of time to get up there. COUNCILMAN MARTIN-That's understandable. MR. LA BARGE-That's why, I went up to move the camp trailer out of there to make it look a little decent and then they came up through and cut all the trees out of the front yard so everybody can see it. SUPERVISOR BROWER-I know you've done a lot to clean the yard up over the last few years and Dave acknowledged that and said that you've done a lot of work there. COUNCILMAN MARTIN-We just want to work with you here but on the other hand, the laws do have to be enforced and we're just trying to do our best. MR. LA BARGE-Right. COUNCILMAN MARTIN-Alright? MR. LA BARGE-Okay, I thank you. SUPERVISOR BROWER-Thank you, sir. MR. HATIN, DIRECTOR OF BUILDING & CODES-Thanks Gordon. TOWN COUNSEL SCHACHNER-As far as the time frame, I mean I just want to make sure the board understands, the time frame of what you're talking about relative to what's proposed in the motion. As Dave discussed, the proposed resolution talks about a sixty day time period which would be February 18th. If Mr. La Barge were to make application some time after New Years, then presumably that would mean the earliest he could be heard by the Zoning Board of Appeals would be at it's first regular meeting in February which would be the third Wednesday in February which would be the 21st of February. SUPERVISOR BROWER-It sounds like we should delay this. TOWN COUNSEL SCHACHNER-Or change it from sixty days to ninety days. COUNCILMAN MARTIN-I'd rather do that. TOWN COUNSEL SCHACHNER-I just want to make sure the board is aware of the situation. COUNCILMAN STEC-Let's just do ninety days. MR. ROUND, EXECUTIVE DIRECTOR-A calendar date would be preferable. TOWN BOARD held discussion regarding time frame and agreed on March 30th, 2001. TOWN COUNSEL SCHACHNER-I would also suggest, I do see that some of the correspondence to Mr. La Barge addressed at 2827 Ridge Road and I see some addressed at 2027 Ridge Road. He said 2027 so I would suggest that we change the three places in the resolution that currently say 2827 to 2027. COUNCILMAN MARTIN-Chris, could you give us a status report by that second meeting in January, ifhe hasn't shown up, that's cause for concern. RESOLUTION ORDERING RENOVATION OR DEMOLITION AND REMOVAL OF STRUCTURE ON PROPERTY OWNED BY GORDON LA BARGE AND LOCATED AT 2027 RIDGE ROAD, QUEENSBURY (TAX MAP NO.: 22-1-8) RESOLUTION NO.: 508, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, previously advised the Town Board that a structure located on property owned by Gordon LaBarge and located at 2027 Ridge Road, Queensbury (Tax Map No.: 22-1-8) is unsafe to the general public and requested the Town Board take action if the property owner failed to renovate or demolish and remove the structure, and WHEREAS, on December 4th, 2000, the Town Board declared the structure on the property to be dangerous and unsafe to the public, and WHEREAS, the Town Board held a hearing concerning this property on December 18th, 2000 and notice of this hearing was served in accordance with the provisions of New York State Town Law ~130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Gordon LaBarge to immediately begin renovating or demolishing and removing the structure located at 2027 Ridge Road, Queensbury and complete the renovation or demolition and removal process by March 30th, 2001, and BE IT FURTHER, RESOLVED, that if the structure is not renovated or demolished and removed by March 30th, 2001, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to demolish and remove the structure, and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law ~ 130(16) and Queensbury Town Code Chapter 60, demolition and removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the demolition and removal, including legal expenses, if necessary. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 509, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby enter as the Queensbury Board of Health. Duly adopted this 18th day of December, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH Town Board held discussion regarding the January and February Meetings, agreed to schedule the following Regular Town Board Meetings: January 8th, January 22nd, February 5th, and February 26th. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND PATRICIA END BOARD OF HEALTH RESOLUTION NO.: 42, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Robert and Patricia End have applied to the Local Board of Health for a variance from Chapter 136 to install a new fill or built-up system one-hundred sixty feet:!: (160':!:) from Lake George instead of the required two-hundred feet (200') setback on property located at 8 Waters Edge Drive, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on January 22nd, 2001 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert and Patricia End's sewage disposal variance application concerning property located at 8 Waters Edge Drive, Queensbury (Tax Map No.: 16-1-14) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. and Mrs. End's property as required by law. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 43, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourn from session and enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 18th day of December, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None REGULAR SESSION CORRESPONDENCE Deputy Town Clerk Barber read the following correspondence into the record: State of New York Dept. of Transportation Dear Mr. Remington: This is in response to your August 11, 2000 request for a speed limit reduction on Chestnut Ridge Road and Meadowbrook Road in the Town of Queensbury. Chestnut Ridge Road currently has a 40 mph speed limit over its length from Route 9L to County Line Road. Our investigation of this road found this speed limit to be appropriate for the condition experienced along this highway and that a speed limit reduction is not warranted. Meadowbrook Road has a 35 mph speed limit from Route 9L to Route 254 and a 40 mph speed limit from Route 254 north for approximately 1.0 mile. After the 40 mph speed limit the road is unposted and is governed by the statewide 55 mph speed limit. Our review of the 35 and 40 mph speed limits found them to be appropriate and further reduction of these speed limits is not warranted. However, the unposted section has had several new housing complexes built and several more are currently under construction. Based on this residential development, we have determined that 40 mph speed limit should be extended to Haviland Road. Upon receipt of the amended Notice of Order, you may arrange to have the appropriate speed limit signs installed as outlined in the NYS Manual of Uniform Traffic Control Devices. If you have any questions regarding this matter, please contact William Vazal of this office at 474- 6377. Sincerely, William E. Logan Regional Traffic Engineer (letter on file in the Town Clerk's Office) Rob Chapman, Director of Facilities & Operations Queensbury Union Free School District Building & Grounds Department Dear Mr. Missita, I would like to thank you and your staff for the assistance provided the other night in helping us cope with the icy road conditions. The small storm that went through the local area caused our campus roadways to look like a sheet of glass, to say the least driving on them was treacherous. That evening we had several school events in progress and our salt/sand truck was in the shop for repairs. Your cooperation and assistance helped minimize any problems that could have developed because of this storm and allowed us to operate without any serious incidents that evening. Please accept our thanks for a job well done. Sincerely, Rob Chapman (letter on file in the Town Clerk's Office) Deputy Town Clerk Barber read a portion of letter addressed to Mr. Richard A. Missita, Superintendent of Highways received from CSEA: One of CSEA's many goals is to make the workplace safe for all who enter there. I noticed during my walk-through that many measures have been taken in order to make the work areas safe for employees. It is not often that I come across a worksite such as yours that has done such a good job assuring worker safety. Your facility is a fine example of how a Highway Department should be maintained. Gary China, Occupational Safety & Health Specialist (letter on file in the Town Clerk's Office) Councilman Martin requested that the letter from DOT regarding the speed limit for Chestnut Ridge Road be forwarded to those residents. Councilman Brewer-I'd like to add something to correspondence, I happened to see Dan Olson who was giving a compliment to Ralph, Mike, Claude White and his department for the fine job they did up off of Aviation Road in Greenway North. He said that the construction company that we had there let the residents know each day or Claude did, each day what steps they were going to do so that people could get their cars out or in. They cleaned up every day after their work was done. They were very accommodating and they were very pleased with the performance of that job. Thank you, Ralph. Mr. VanDusen, WaterfWastewater Superintendent-Just as a little additional information. We chose to use Claude White as our own inspector on the job rather then hiring one from the engineering firm as we typically did. It was our first experience with that. We probably saved in the range of twelve to fifteen thousand dollars by doing that and Claude enabled us to do that and certainly did a very, very good job in that regard and he deserves a lot of credit for that. Councilman Martin-Would you write a letter to him on our behalf expressing our thanks and have a copy of that entered into his personnel file. Mr. VanDusen, WaterfWaste Superintendent-I'd be happy to do that. OPEN FORUM 7:40 P.M. Mr. Gene Merlino, Representing South Warren Snowmobile Club noted that the club has worked very hard to make the trails as safe as possible by providing numerous signs throughout the trails and by trimming branches and bushes. Referred to Resolution 6.3 where it regulates against snowmobile use for some town roads and requested the board to consider allowing snowmobile use for Traver Road... The club really needs the road for safety purposes, we can not use that other trail system this year, that is definitely unsafe. .. Recommended lending the road to the club and they would agree to maintain the road for the winter and provide insurance... By next year in April, we have the city's water and sewer authority hopefully approval to get in there and spend our time in there, the road it entails, that we might have to use we will not groom because it has water beds going through it, it needs culverts, it has rocks in there, it's really a dangerous trail.. I know they've used it over the years and if the gentleman didn't die last year, we'd probably use it this year. . . Supervisor Brower-The West Mountain Road parking lot and trail, I've walked that with Mr. Stec and I know that is a difficult road but I also know that they've used it in the past and they could use it this year and I would expect people to use it this year. . .. I would ask you to mark that trail as well. Mr. Merlino-We marked it close. Supervisor Brower-I don't think that's right, I think you should definitely mark that open. Mr. Merlino-You're putting a danger on us, that's what we're trying to avoid. Last year, people said we didn't have enough safety or enough signs, this year we're trying to do safety and signs and we need your help. Supervisor Brower-Well, I will agree that Traver Road is the safest access to the trails, from my perspective and I felt that it would be good to have both accesses available. That was my argument last week when we had our workshop session. But I still expect people to park on West Mountain Road, the majority of people and access that road from West Mountain. That is an existing trail, it could be marked easily and I think it should be marked to gain access to the trail. I would also like to see Traver Road designated as a snowmobile trail in the Town of Queensbury but that's my personal perspective, I know other board members disagree with me. Mr. Merlino-We're only asking for this year, we just need it this year for the safety factor. Councilman Turner-The first time you came before the board and asked for the money for the groomer, they used that trail that winter on West Mountain Road. Mr. Merlino-Right, they've used it for years, I'm not denying that but the point that we're trying to make, we do not want to sanction it this year because of the danger aspect and we're trying to avoid another, we're trying to do the best that we can to keep it as safe as we can... If fifty percent of the people go up that trail and fifty percent goes Traver Street, we're fifty percent that nothing happens but if a hundred percent of the people go up that trail, then I feel that we're going to have an accident. I didn't realize that road belonged to Queensbury otherwise I would have been in here in September asking for it, not making our maps and doing our signs. Councilman Martin-All this resolution does is request that the Warren County Sheriffs Department enforce the New York State Town Law, that's all we're saying. Mr. John Salvador-Can't we make this road a seasonal maintenance road? Councilman Turner-You can but you can't now, it's too late. Councilman Stec-Right, there's a window of time to do it and we're out of it for this year but even if we did do it, you'd still have to take an additional step to go the extra mile and make it a snowmobile trail. Mr. Salvador-Everyone proceeds at their own risk, if it's a seasonal maintenance road, they proceed at their own risk whatever they're doing. Councilman Turner-That's true but you can only do it between November 1st and Aprillst, it's too late, I've already researched it. Mr. Salvador referred to Mr. La Barge's hearing earlier when he asked at least five times what constituted fifty percent and never got an answer. .. How do you define fifty percent, is it one story out of two stories, is it fifty percent of the foot print... I would hope that the same standards apply to this gentleman that applied to the Morse family on Assembly Point where they got five area variances to build a multi-million dollar house as a renovation... Referred to resolution 6.8 and the library. Councilman Stec noted the resolution is at the request of Crandall Library, they wanted to meet with representatives of the three municipalities to make sure we're all together on this. . . Mr. Salvador referred to meeting held with Christine McDonald on Thursday and questioned the purpose of the meeting and the outcome? Supervisor Brower-The meeting went pretty smoothly... She did give me a count on the last five years membership of the library, she didn't do it then, she followed up from the meeting and did it and she gave us a count for this past year. .. She also informed me with some of their services that I wasn't not aware of that was pretty interesting. Mr. Salvador-The fact remains that this library board has an obligation to file with this Town Clerk the information necessary to establish our taxes, the tax levy. You folks are the only ones authorized to levy a tax, a library tax. Are you getting the information necessary to do that? Christine McDonald is going directly to the Warren County Board of Supervisors and getting the taxes levied. Supervisor Brower-They provide the information to the county, the county assesses the taxes on the rolls. Mr. Salvador-They are not supplying the information that's required by law. Supervisor Brower-Well, they supplied an annual report but they didn't supply the count until we asked them to. Mr. Salvador-They have never supplied what the law requires. File with the Town Clerk or the City Clerk, that's what's required by law. Referred to resolution 6.18 regarding the applicant of Hayes and Hayes and questioned whether this resolution will bring up the issue of Councilman Martin's concerning the bypass road? Councilman Martin-I don't know that it does, I view this as a procedural resolution. Town Counsel Schachner-Right, this particular resolution certainly does not address that issue. This is just a referral to the Planning Board. Mr. Pliney Tucker, Division Road, referred to Resolution 6.6 authorizing inter-municipal agreement with the City of Glens Falls for plowing of border streets and questioned whether it's a fifty, fifty deal? Councilman Stec-I wouldn't say it's fifty, fifty, I don't think you can say it's fifty, fifty by mileage or street but it makes sense. Supervisor Brower-Frankly, Rick was very pleased to be able to plow these roads. The meeting went very smooth and within ten minutes we basically had an agreement and everyone was pleased. That's one thing that Teena Weber had indicated, that we were taking more roads and Rick said that the city had been very cooperated with our leaf disposal at the city's property on Luzerne Road which saved the town a ton of time and effort so Rick felt that we we're adequately compensated... It worked out real well. Mr. Tucker referred to meeting with the library and questioned who would be attending, whether it was going to be a private meeting and if the date has been scheduled? Supervisor Brower-Dave Krogmann, Christine McDonald, Harry Gutheil, myself and a board member and hopefully the Mayor and a Councilman. .. Yes, a private meeting and no, we don't have a date yet. . .. We'll be discussing some of disagreements on the issues that are before us like the capital program... I still feel strongly that all three municipalities should approve any capital spending within their own municipalities. Town Board held discussion regarding the issues of the library... Mr. Tucker questioned the status of the Docksider? Mr. Round, Executive Director-We've issued Notice of Violations, we've had correspondence from the property owner's attorney, they've requested applications for appeal, we expect an appeal from our determinations as forthcoming. If we don't receive them by our deadline date for January, we'll be pursuing court action against the property owners. Mr. Tucker referred to the appointment of the Planning Board Chairman and questioned why the board changed their minds? Councilman Brewer-We had a meeting, a discussion, we voiced our concerns, they voiced their concerns and a consensus was formed. Mr. Tucker-Going to the newspaper, Mr. MacEwan was accused of making the statement that he was against the Target project and that was one of the reasons you guys wanted to dump hirn. Councilman Stec-Untrue. Councilman Martin-Untrue... Councilman Turner-Not even discussed. Councilman Martin-That's false. Mr. Tucker-Does he have an open mind on the project? Councilman Turner-We don't even have a project. Councilman Martin-That Pliney, I think is a whole other matter about the relevance of his comment and future review of that project, that's a whole other matter. In terms of the Chairmanship, that did not come up. Mr. Bob Vallaro, 5 Gentry Lane, Queensbury referred to resolution 6.1 regarding authorizing amendment offacility agreement with Glens Falls Board of Water and Sewer Commissions... With this being approved, we can get forward with our agreement and we'd like to have it signed by the end of the year... Questioned Town Counsel regarding Mr. Hafner's schedule and whether he has completed the agreement for signing? Town Counsel Schachner-I don't know each and every detail of his schedule but I know we've been very, very, very responsive to your desires here and we'll continue to do that. Mr. Vallaro-Okay, fine. Councilman Martin-Okay, so we're going to make every effort to do that, then. Mr. Vallaro-Before the end of the year? Town Counsel Schachner-Absolutely. Mr. Vallaro- Thank you. Councilman Stec-On behalf our board and Glens Falls, we appreciate your patience on this. OPEN FORUM CLOSED 8:14 P.M. RESOLUTION AUTHORIZING AMENDMENT OF FACILITY AGREEMENT WITH GLENS FALLS BOARD OF WATER AND SEWER COMMISSIONERS RESOLUTION NO.: 510,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and Glens Falls Board of Water and Sewer Commissioners (City) previously entered into a Facility Agreement on or about December 31, 1985, which Agreement set forth the financial terms for the Town of Queensbury's transport and discharge of sewage to the City of Glens Falls' Sewage Treatment Facility, and WHEREAS, by Resolution No.'s: 398 of 1991 and 472 of 1996, the Queensbury Town Board approved amendments to the Facility Agreement, and WHEREAS, the Town Board wishes to secure an additional 8,000 gallons per day of sewer capacity at the City's sewage treatment facility for the Baybridge Homeowners' Association proposed extension to the Central Queensbury Quaker Road Sewer District, and WHEREAS, the City has agreed to sell the additiona18,000 gallons per day of sewage treatment capacity to the Town at a cost of $1.35 per gallon, or for a cost of $10,800, and WHEREAS, a copy of a proposed Amendment to Facility Agreement, approved and signed by the City, has been presented at this meeting and the Town Board has determined that such Agreement would be in the best interests of the Town, its residents and the Central Queensbury Quaker Road Sewer District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Amendment of Facility Agreement with the Glens Falls Board of Water and Sewer Commissioners (City) substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Amendment of Facility Agreement in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the payment of $10,800 to the City as a buy-in fee to secure the 8,000 gallons per day at the City's sewer treatment facility to be paid for from funds received from the Baybridge Homeowners Association as delineated in the Agreement between the Town and the Baybridge Homeowners' Association, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON BRADFORD NERON'S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 511,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with Queensbury Town Code ~ 113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Bradford Neron has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace his mobile home located at 11 East Drive, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on January 22ND, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Bradford Neron's application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 11 East Drive, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing presented at this meeting as required by law. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT: Mr. Brewer DISCUSSION Mr. Brad Neron-My name is Brad Neron, I live on 18 Howard Street. What I've got going on right now is, I have an addendum for the contract and it runs out on January 5th and everything depends on this, the mortgage, the refinancing of the home. I mean, what's basically up there now, is a single mobile home which is, I want to replace it with a brand new 2000 mobile home. It's beat up, it's run down, I mean I have pictures of the new one and the old one and I have a floor plan. I also have letters from neighbors. Town Board held discussion regarding scheduling the hearing earlier and whether it could fit the notice time period and the following was proposed: for the applicant to try and get an extension through the end of January and to amend the resolution to set the hearing for January 8th: RESOLUTION SETTING PUBLIC HEARING ON BRADFORD NERON'S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 511,2000 (As amended by Res. #512,2000) INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with Queensbury Town Code ~ 113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Bradford Neron has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace his mobile home located at 11 East Drive, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on January 8th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Bradford Neron's application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 11 East Drive, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing presented at this meeting as required by law. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION AMENDING RESOLUTION NO. 511, 2000 RESOLUTION NO.: 512, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No.: 511, 2000 to change the public hearing date from January 22nd to January 8th of 2000. Duly adopted this 18th day of December, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT: None RESOLUTION REQUESTING ENFORCEMENT OF NEW YORK STATE AND TOWN LAWS CONCERNING REGULATION OF SNOWMOBILE TRAVEL ON TOWN ROADS RESOLUTION NO.: 513,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board is concerned about the safety of snowmobile operation in the Town of Queensbury, and WHEREAS, the Town Board wishes to adopt a Resolution requesting that the Warren County Sheriffs Department enforce New York State and Town laws which regulate snowmobile travel on Town roads, specifically, enforcement of laws prohibiting snowmobiling on Town roads, including but not limited to Gurney Lane, Buckbee Road, Butler Pond Road, Traver Road, Aviation Road and West Mountain Road, and WHERESAS, the Town Board feels that enforcement of these laws would promote the safety of Town residents and the general public, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the Warren County Sheriffs Department enforce New York State and Town laws which regulate snowmobile travel on Town roads, specifically, enforcement of laws prohibiting snowmobiling on Town roads, including but not limited to Gurney Lane, Buckbee Road, Butler Pond Road, Traver Road, Aviation Road and West Mountain Road, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to forward certified copies of this Resolution to the Warren County Sheriffs Department and the South Warren Snowmobile Club. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None ABSTAIN: Mr. Brower DISCUSSION DURING VOTE: Supervisor Brower-Well, I'll be honest with you, we have laws in New York State, we have 10callaws and I don't feel we need to tell the sheriff to enforce the laws that are already on the books. I will abstain. RESOLUTION AUTHORIZING REQUEST FOR QUALIFICATIONS OF ENGINEERS FOR EVALUATION OF WASTEWATER TREATMENT EXPANSION OPTIONS RESOLUTION NO.: 514,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED IT'S ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury currently contracts with the City of Glens Falls for treatment of its wastewater within the Town's existing special districts, and WHEREAS, the Town Board wishes to expand its existing districts and create new districts and will therefore require additional wastewater treatment capacity, and WHEREAS, the Town Board appointed a Wastewater Capacity Negotiation Committee (Negotiation Committee) to negotiate with the City of Glens Falls for the purchase of additional capacity, and WHEREAS, the Negotiation Committee reports that attempts to negotiate with the City of Glens Falls have been unsuccessful and recommends that the Town fully explore all options for wastewater treatment, and WHEREAS, the Negotiation Committee has recommended and requested Town Board authorization to solicit qualifications from engineering firms to assist the Town in evaluating its wastewater options, and WHEREAS, a proposed Request for Qualifications has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Director of Wastewater to prepare and distribute a Request for Qualifications in form substantially presented at this meeting to qualified engineering firms to assist the Town in evaluating its wastewater treatment options, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Wastewater Director to require all engineering firms to submit qualifications by January 5th, 2001 so that the Wastewater Capacity Negotiation Committee and Town Board may promptly review qualifications and enter into an agreement for the required engineering services. Duly adopted this 18th day of December, 2000 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF REPLACEMENT CONTROL PANEL FOR FILTER #2 AT TOWN WATER DEPARTMENT RESOLUTION NO.: 515,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Water Superintendent has advised that the panel that controls operation of filter #2 at the Water Treatment Plant failed recently and has recommended that the Town Board authorize the purchase of a replacement control panel from the filter manufacturer, Infilco Degremont, Inc. for an amount not to exceed $11,109.19, such amount to include installation costs, and WHEREAS, the Purchasing Agent has reviewed the information received by the Water Superintendent and concurs with his recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Water Department's purchase of a replacement control panel for filter #2 at the Town Water Treatment Plant from Infilco Degremont, Inc., for an amount not to exceed $11,109.19, such amount to include installation costs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to effect any budget amendment, appropriation and transfer from Misc. Equipment Account No.: 40-8320-2001 or other Fund 40 Account that will be needed to fund the purchase and installation of the replacement control panel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Comptroller's Office to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIP AL AGREEMENT WITH CITY OF GLENS FALLS FOR PLOWING OF BORDER STREETS RESOLUTION NO.: 516,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury (Town) and the City of Glens Falls (City) are immediately adjacent municipalities with several streets along the border between the Town and City, and WHEREAS, the streets are used by residents of both municipalities and are immediately adjacent to properties of both municipalities, and WHEREAS, the Queensbury Town Board and Glens Falls Common Council believe that it is in the public interest to enter into an Intermunicipal Agreement which would provide that each municipality would plow some of the other's streets on the municipal boundary, and WHEREAS, a proposed Intermunicipal Agreement has been prepared, which Agreement includes a mutual, reciprocal hold harmless/indemnification provision, and WHEREAS, the proposed Intermunicipal Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Intermunicipal Agreement with the City of Glens Falls providing for the plowing of border streets within the Town and City, and BE IT FURTHER, RESOLVED, that the Town Board 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. Duly adopted this 18th day of December, 2000 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None DISCUSSION BEFORE VOTE: Town Board held discussion and agreed that there was some confusion as to whether the highway department was plowing one side or both... agreed to move forward with the resolution and get some clarification from the Highway Superintendent... vote taken. RESOLUTION EXPRESSING SUPPORT OF PARTNERS FOR PROGRESS PROPOSAL TO CREATE A MULTI-PURPOSE PERFORMING ARTS CENTER RESOLUTION NO.: 517,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Partners for Progress (PFP), a local non-profit organization formed to revitalize downtown Glens Falls, has proposed to sponsor, develop and attract various development projects to the downtown Glens Falls area, and WHEREAS, PFP is planning to renovate the former Woolworth's building in the City of Glens Falls to create a multi-purpose performing arts center which will provide space for community-based arts groups to perform and entertain area residents, and WHEREAS, the Town Board wishes to adopt a Resolution supporting the PFP project as the Board feels that the project will serve as a tourism attraction, educational resource and benefit to residents in the Town of Queensbury and surrounding area, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support for the Partners for Progress renovation of the former Woolworth's building in the City of Glens Falls to create a multi-purpose performing arts center which will provide space for community-based arts groups to perform and entertain area residents, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to forward a certified copy of this Resolution to Partners for Progress, cfo Thomas Hoy at the Glens Falls National Bank and Trust Company in Glens Falls and the City of Glens Falls Common Council. Duly adopted this 18th day of December, 2000 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION RESCINDING RESOLUTION NO.: 501,2000 REQUESTING LEGISLATIVE AMENDMENT CONCERNING CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 518,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 501,2000, the Queensbury Town Board requested the introduction of a Legislative Amendment concerning the Crandall Public Library (Library) financing, and WHEREAS, the Library has expressed a desire to meet with the three municipalities that make up the Crandall Public Library District, (Library District), and WHEREAS, the Library has requested that the Town of Queensbury rescind Resolution No. 501, 2000 to provide for time to hold such a meeting, and WHEREAS, the Queensbury Town Board still feels that capital projects of the Library District should require the affirmative approval of each of its three municipalities regardless of funding source, and WHEREAS, the Queensbury Town Board may reconsider whether it also feels that the Library District's annual operating budgets shall also require the affirmative approval of each municipality rather than a majority of the whole Library District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.: 501,2000, and BE IT FURTHER, RESOLVED, that the representatives of the Town Board will meet with representatives of the Crandall Public Library District, Town of Moreau and City of Glens Falls at a mutually convenient time to discuss Library matters. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AWARDING BID FOR SENIOR CITIZENS TRANSPORTATION TO WARREN- HAMIL TON COUNTIES COMMUNITY ACTION AGENCY RESOLUTION NO.: 519,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury's Purchasing Agent duly advertised for bids for transportation for senior citizens in the Town of Queensbury for the year 2001, and WHEREAS, the Warren-Hamilton Counties Community Action Agency has offered to provide the transportation services for the amount of $11,312, and WHEREAS, the Purchasing Agent 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 Queensbury Town Board hereby awards the contract for transportation of senior citizens for the Town of Queensbury for the year 2001 to the Warren-Hamilton Counties Community Action Agency for the amount of $11,312 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 Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 520,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: HIGHWAY: FROM: TO: $ AMOUNT: 04-5130-4480 (Tires) 04-5130-2060 (Tools) 2,480. 04-5130-4110 (Misc. Contractual) 04-5130-2060 (Tools) 2,700. PARKS & RECREATION: FROM: TO: $ AMOUNT: 01-7020-1680 (Rec. Leader) PARKS & RECREATION: 01-7020-4030 (Postage) 2,010. FROM: TO: $ AMOUNT: 01-7110-4823 (Rec. Fac. Repairs) 01-7020-4060 (Serv. Con. & Warr.) 150. 01-7110-4823 (Rec. Fac. Repairs) 01-7020-4090 (Conf. Exp.) 149. 01-7110-2899 (Misc. Cap. Const.) 01-7020-4120 (Printing) 1,500. 01-7110-4823 (Rec. Fac. Repairs) 01-7110-1400-0002 (Lab. A Proj. Overtime) 107. 01-7110-4823 (Rec. Fac. Repairs) 01-7110-1460-0002 (Mech. Proj. Overtime) 1,055. 01-7020-1340 (Rec. Spec. PT) 01-7020-4120 (Printing) 250. 01-7020-1340 (Rec. Spec. PT) 01-7020-4220 (Training/Ed. ) 63. 01-7020-1340 (Rec. Spec. PT) 01-7110-1470-0002 (Wk. Fore. Proj. OT) 2,850. WATER: FROM: TO: $ AMOUNT: 40-8310-4400 (Misc. Contractual) 40-8340-2899 (Capital Constr.) 600. 40-8310-4400 (Misc. Contr.) 40-8340-4400 (Misc. Contr.) 150. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY MARTIN'S FOODS OF BURLINGTON, INC. RESOLUTION NO.: 521,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Martin's Foods of Burlington, Inc. previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for the 1993f94, 1994f95, 1995f96, and 1996f97 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed these cases with Town Counsel, and WHEREAS, the Glens Falls City School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Martin's Foods of Burlington, Inc. for the 1993f94, 1994f95, 1995f96, and 1996f97 tax years in accordance with the following revised assessment values: Parcel - Tax Map No.: Tax Year: Revised Assessment Hannaford Grocery Store 53 Quaker Road Queensbury, New York 12804 Tax Map No.: 105-1-4.21 1993-1994 1994-1995 1995-1996 1996-1997 $4,200,000 $4,200,000 $4,200,000 $4,200,000 and BE IT FURTHER, RESOLVED, that refunds without interest shall be paid to Martin's Foods of Burlington, Inc. as a result of this settlement, and BE IT FURTHER, RESOLVED, that the Town Board accepts Martin's Foods of Burlington Inc.'s discontinuation of its Article 7 Real Property Assessment Review cases against the Town of Queensbury for the 1997-98, 1998-99, 1999-00 and 2000-01 assessment years, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PREFERRED APPRAISALS TO APPRAISE FORMER AMG BUILDING LOCATED AT 53-55 LUZERNE ROAD, QUEENSBURY RESOLUTION NO.: 522,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to engage the services of an appraiser to appraise the former AMG Building located at 53-55 Luzerne Road, Queensbury, and WHEREAS, Preferred Appraisals has offered to provided appraisal services for an amount not to exceed $1,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Preferred Appraisals to complete an appraisal of the former AMG Building located at 53-55 Luzerne Road, Queensbury for an amount not to exceed $1,000 to be paid for from Account No.: 001-5132-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to sign any documentation and take all action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of December, 2000 by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None ABSTAIN: Mr. Brower DISCUSSION DURING VOTE: Supervisor Brower-I'm going to abstain on this. I frankly have not been in favor of considering alternatives for to our existing highway facility. RESOLUTION RE-ADOPTING TOWN OF QUEENSBURY EMPLOYEE HANDBOOK Town Board held brief discussion and agreed to pull for further review. RESOLUTION CREATING BILLING SUPERVISOR POSITION FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 523, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Water Superintendent has recommended that the Town Board create a Billing Supervisor position for the Town Water Department, which position shall be responsible for all aspects of water meter billing, including the coordination of meter readers in the Department, and WHEREAS, the Town Board wishes to establish the full-time, non-union Billing Supervisor position in accordance with the job description and duties statement reviewed and assigned by Amtek Management Services Corporation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby creates the full-time, non-union, Civil Service competitive position of Billing Supervisor, and BE IT FURTHER, RESOLVED, that the Town Board further establishes this position as a Grade 4 position within the Town's non-union salary structure, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Water Superintendent, Town Supervisor and/or Town Comptroller's Office to complete any necessary Civil Service forms and documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF NON-UNION POSITIONfGRADE SCHEDULE FOR 2001 RESOLUTION NO.: 524, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously adopted and then revised a Non-Union Position/Grade Schedule (Schedule) as part of its Salary Administration Program in the Town's Employee Management System Handbook, and WHEREAS, the Town Board wishes to again revise the Schedule as proposed in the document presented at this meeting entitled, "Town of Queensbury Non-Union Position/Grade Schedule" effective January 1,2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non-Union Position/Grade Schedule effective January 1, 2001 as follows: Town of Queensbury Non-Union Position/Grade Schedule Effective January 1, 2001 Grade Job Title 1 None 2 None 3 Account Clerk Asst. Building & Zoning Enforcement Officer Deputy Court Clerk II Deputy Tax Receiver Real Property Data Collector Records Clerk 4 Billing Supervisor Deputy Court Clerk I Deputy Town Clerk II Real Property Tax Service Assistant Senior Account Clerk 5 Aquatics Supervisor Building & Zoning Enforcement Officer Confidential Secretary to Highway Superintendent Confidential Secretary to Town Supervisor Court Clerk Deputy Town Clerk I Fire Marshal Principal Account Clerk Senior Coordinator 6 Accountant Assistant Director Recreation Computer Technology Coordinator Data Collectorf Appraiser Legal Assistant Planning Assistant Water Maintenance Distribution Supervisor 7 Cemetery Superintendent Code Compliance Officer Deputy Superintendent Wastewater Director Building & Code Enforcement Director Building & Grounds (Facilities) Director Solid Waste Operations Senior Planner 8 Deputy Highway Superintendent Deputy Superintendent Water Director Parks & Recreation 9 Assessor 10 Comptroller Executive Director Community Development Superintendent WaterfWastewater and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to replace the current Non-Union Position/Grade Schedule with the new Non-Union Position/Grade Schedule in the Town's Wage and Salary Administration Program in the Employee Management System Handbook. Duly adopted this 18th day of December, 2000 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING POSITION RECLASSIFICATIONSf UPGRADES AND ASSOCIATED APPOINTMENTS TO POSITIONS RESOLUTION NO.: 525,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to reclassify and upgrade certain positions within the Town of Queensbury and appoint employees to these reclassified, upgraded positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the reclassifications and upgrades of positions and associated employee appointments and annual salaries effective January 1,2001 as follows: Name Position Grade Overtime Annual Salary Bruce Ostrander Deputy Supt. Water 8 Exempt 50,245 Kathleen DuBois Accountant 6 Exempt 37,987 Pamela Martin Legal Assistant 6 Exempt 34,935 Diane Herald Aquatics Supervisor 5 Exempt 26,011 Carol Finamore Court Clerk 5 Exempt 34,392 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to complete and file any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Stec, Mr. Turner, Mr. Brower NOES Mr. Brewer ABSENT: None ABSTAIN: Mr. Martin DISCUSSION BEFORE VOTE: Councilman Brewer-Did we get any reply back from these people as to the reason why they said yes or no? Comptroller Hess-We received a documentation back that they generally furnish with an upgrade. They haven't sent me their ... sheets. I say that, I don't know this because I got a pack of envelopes, things that came in Friday and I haven't been able to go through it yet but they've done what they normally do according to the process. Councilman Brewer-I'd like to see that before I vote on this. Councilman Stec-Also, there's a couple of department heads that mentioned to me today they, there's one or two people I think still outstanding there that I think we may be approached on for a position upgrade. They were kind of, the impression I got was that they were given the impression that we weren't interested in talking about salaries or positions and what not when we did the budget so that's why they never piped up during the budget hearing. Comptroller Hess-We've heard that there are going to be some other applications coming in and we're prepared to process them when they come in. Councilman Stec-And we can, alright so this won't Comptroller Hess-Right, that's an ongoing process anyway. Councilman Stec-Okay. Supervisor Brower-A matter of fact Councilman Stec-So, there is no window to worry about. Supervisor Brower-I had an item for Executive Session that will deal with that this evening, a brief Executive Session on an item like that. It may not be the same one. Councilman Stec-Alright but this wouldn't prohibit considering any other position upgrades at any time. Comptroller Hess-No. Councilman Brewer-I'd like to see the reasoning for them saying yes or no. I mean, if we're going to make these pay grade upgrades, I would just feel comfortable knowing why. Not just because somebody else says so, I would like to know if I'm going to agree with them or not before I, not that I have anything against any of the people here that we're talking about but I just think that we should look at it before we vote on it. Supervisor Brower-I respectfully disagree only because we've gone through the process of having Amtek evaluate the positions and determine appropriate grades and we hired them for this purpose and I just feel that they've done it and certainly if you had expressed interest previously, we would have been glad to assure that with you. Councilman Brewer-I didn't get here Friday, I didn't get my paperwork until yesterday Dennis so I guess, Henry hasn't even looked at it so, he's the Comptroller and he said, he hasn't looked at it. Comptroller Hess-I looked at what I needed to, to make sure that there Councilman Brewer-That they've said yes, not the reasoning behind why they said yes or no. Comptroller Hess-But they've said that they approached it, the grade is, was it appropriate before. Councilman Brewer-That's fine, it's just my own personal opinion if we're giving town money out, I want to know why we're giving it to them, not to deny anybody but I would want to know the reason why we're going to give it to thern. Just as though we did everybody else when we did the budget process, that's all. I'm not saying I'll say no, I'm just saying I don't feel comfortable until I can see it. Comptroller Hess-This was expedited at the board's request so that it could be ready for tonight in time to be put into effect for the beginning of the year. Councilman Brewer-Fine. Supervisor Brower-Not only that, I think it's fair to say that these are expected to go into effect January 1st, I'd like to call for a vote. Deputy Town Clerk Barber-I don't think it's been introduced. Supervisor Brower-Oh, I thought we had a motion and a second, I'm sorry. Councilman Stec-I'll move it. Supervisor Brower-Seconded by? Councilman Martin-I'm going to abstain, so I'm not, I can't. Councilman Turner-I'll second it. Supervisor Brower-Seconded by Mr. Turner. Let's vote. (vote taken) RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 526,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, in accordance with New York State General Municipal Law ~9-A, the Queensbury Town Board is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Comptroller to temporarily advance funds to the capital project fund as needed, up to the maximum amount indicated, as set forth below: FROM: TO: $ AMOUNT Queensbury General Fund Central Fleet IS Fund $ 58,000. and BE IT FURTHER, RESOLVED, that the Town Comptroller shall keep suitable records and arrange for the repayment of the temporary advances as soon as available and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION CONSENTING TO LEAD AGENCY DESIGNATION AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR APPLICANT HAYES & HAYES, LLC TO PLANNING BOARD RESOLUTION NO.: 527, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Hayes & Hayes, LLC has submitted an application to the Queensbury Town Clerk's Office for rezoning of three (3) parcels of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, and WHEREAS, the Town Board understands that the reason for this rezoning request is to authorize development of a hotel at the subject properties, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF :Hayes & Hayes, LLC TAX MAP NO'S: :98-1-1, 98-3-1 and 98-3-5 LOCATION OF PROPERTIES intersection, Queensbury :Northeast corner of Aviation Road and Greenway North APPLICATION FOR :Rezoning of parcels currently zoned Single Family Residential- 10,000 Square Feet (SFR-lO) to Commercial-Residential- 15,000 Square Feet (CR-15) or Highway Commercial - One Acre (HC-IA) and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies. Duly adopted this 18th day of December, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None DISCUSSION BEFORE VOTE: Town Counsel Schachner-I have a comment. The text of the resolution says something different then the title and I apologize, we changed the text but forgot to change the title. Chris pointed it out to me very helpfully earlier. This application would be one that would fall within the scope of the earlier policy that actually the Planning Board would be the SEQRA Lead Agency and the text of the resolution indicates at the end of the, that the result, the proposed last resolved would be you consenting to the Planning Board acting as lead agency but we didn't change the title. So, I would suggest changing the title of the resolution to 'Resolution Consenting To Lead Agency Designation', instead of seeking lead agency status. The text of the resolution already does that. Councilman Martin-The only other thing I would ask is that Chris, if you could have the clerk make copies of our discussion during the presentation from the last meeting, those minutes and forward them onto the Planning Board, if that's not done as a matter of course. Mr. Round, Executive Director-There were no minutes kept. Councilman Martin-That's right, it was a workshop. Supervisor Brower-No, the tape recorder was never turned on, was the problem. Mr. Round, Executive Director-I do have notes from that meeting I can outline that information and confirm that it's consistent with your recollection. Councilman Martin-Okay. Councilman Stec-Jim, wanted to make sure that the applicant would be willing to work in the future with the idea of a connector road. Mr. Round, Executive Director-The applicant is here tonight and I think that they're prepared to at least introduce it to the public what the project Councilman Martin-Well, no they were here last time and did that. Councilman Stec- Yea, they were here last Monday. I think they've heard the concerns. Councilman Martin- I just wanted, I know several members of the Planning Board were here that night as well but, well alright, I'll just forward on a quick e-mail to you or something and you can copy it or something like that. That's fine. Councilman Stec-And Jim, you agree to amend the title of the resolution? Councilman Martin-Yes. Councilman Stec-And I agree to it, my second. (vote taken) Supervisor Brower-I'm going to vote yes but I do have a concern and that is this connector road which frankly I have not made any opinion on, one way or another, positive or negative although I'm familiar with it. I see that the connector road could indeed, if it was and asset to the community and we felt it needed to be imposed, the location of the connector road could very much impact what would be allowed by this applicant and I think since Mr. Martin such a strong proponent of this connector road, it should be noted that that is a concern of the board at this time. Councilman Martin-Fair enough. Supervisor Brower-And we have not had the, we have not had our meeting with the traffic engineer to site their concerns or the benefits that such a connector road would indeed address or impact. Councilman Martin-With that understood and I don't disagree but I want to make sure, I just simply want us to come to a conscience decision and put this issue to bed rather then just simply letting it languish like this town government has done for some seven years now. That recommendation has been out there, I Supervisor Brower-I think it would be good to analyze it and make a determination whether or not the impacts are sufficient enough to Councilman Martin- I just want, I want to come to some resolution and conclusion. I don't think we're doing a service to our community when we just simply turn a blind eye to something. We should stand up and be counted and say yea or nay, we want it or we don't. Supervisor Brower-Well, it's on the tip now and if we decide we don't want it, they'll remove it from the tip, that's a certainty. So, thank you. Mr. Mickey Hayes-Hello, my name is Mickey Hayes and Mr. Jamie Hayes-Jamie Hayes. Mr. Mickey Hayes-We just want to kind of get on the record because I guess it wasn't recorded from the last meeting that we will do everything we can to cooperate with the road but we don't necessarily want to say that the road has to be done because we're doing this project. Councilman Martin-Right, I understand. Mr. Mickey Hayes-Okay. Councilman Stec-Right, right, you guys don't need that PR. Councilman Turner-You don't need that. Mr. Jamie Hayes-Well also, it puts us in a precarious position of trying to go forward from an investment standpoint of not knowing ultimately what, you know what direction, it's impossible, really. Councilman Martin-No, no, I understand all that. Councilman Stec-Right, no they're independent projects but what you're agreeing to or saying, that you're willing to work with it if it comes to pass. Mr. Mickey Hayes-Absolutely and our plan that we, our perspective plan allows for, if you needed to cut through the property and stuff, that's been taken into consideration. Councilman Martin-Well, it's going to affect your... access and all that. Supervisor Brower-Have you had discussions with the Crayton Manning, the traffic engineer? Mr. Mickey Hayes-A matter of fact, we have, yes. Supervisor Brower-You have, okay. So, you're satisfied that if such a road were to be considered by this board as a favorable remediation to the intersection of Route 9 and 254, that your project could accommodate such a access? Mr. Mickey Hayes-Yes. We don't claim to understand all the reasons and the whys and the wheres but we believe that if it was necessary for the town to determine it was a benefactor to the whole town then we could accommodate our project accordingly. Supervisor Brower-Thank you. Mr. Mickey Hayes-But we don't necessarily want to be, say that we get the project as a result, we need the connector road and plus we want to be able to still shop in True Value. Councilman Stec-Don't we all? Supervisor Brower-Thank you very much. Mr. Mickey Hayes-Okay, thank you. Mr. Salvador-I think it's clear, the real issue is the intersection of Aviation Road and Route 9, this so called connector road is one alternative. But I think what we have to do is we have to determine whether or not this zoning change that's being requested is going to have any adverse or maybe positive impact on this problem of the intersection. That's the issue, how we solve the problem and if it has to be solved before the zoning change can be granted, that's what has to be determined. Councilman Martin-Oh definitely, that's a given and I'm being so stern about this road and again, I'm emphatically wish that the Planning Board and every member of this board takes some time and read that study because that study was not just done in a vacuum and saying, well, this is the only thing that was looked at and let's do this. That study looked at the idea of an elevated change in grade, you know, an over- under for the Route 9, 254. It looked at the idea of a cloverleaf. It looked at the idea of a diamond interchange. It looked at many different alternatives to fix that intersection and the most feasible simplest, comparatively simple solution was this connector road. There's other things that are included there like a connection from the mall through to Foster Avenue. There's a connection from Greenway North neighborhood up through behind the apartments there so that it comes out on Weeks Road. So, there were other things suggested but this one thing was of such importance that it rose to the level of being eligible for state funding. Mr. Salvador-I want to put my order in for an over-under and a traffic circle, that's the solution. Supervisor Brower-Frankly, one of my concerns is that if we, what the impact would be, how positive would the impact be for us and more importantly, if we do agree to take action like this, is it simply a band aid to a greater solution which might be a lot more costly and which the state might be willing to make a commitment to if we abandon this solution. So, I'm trying to keep a totally open mind on this and try to see what's best for the town for the long term and I don't know what that is, Jim but certainly I'm looking forward to hearing from the engineers. Councilman Martin-Well, that's what we've got to started looking at, that's my point, because if we turn a blind eye to this it's going to build up such pressure that the solution for that intersection is not going to be to anybody's liking. It's going to require major purchases of property and major disturbance in the area and you know, a further loss of, I would argue the character of the community if you put a major over-under grade intersection in there and things like that. Everybody complains already about the suburban appearance of the community, you put one of those things in, you're really going to look like New Jersey. Mr. Vallaro-Where do I get a copy of this study that you mentioned? Councilman Martin-Chris has one in his office. Mr. Vallaro-Just give me some guidance here, do you think reading that would help me as a Planning Board member understand what I'm going to do when I have to do it? Councilman Martin-One element of it. I don't want everybody to get fixated on this one aspect of this plan. The applicant is right, there is many other elements and components that go along with this as a normal rezoning review. But I'm just saying that given this particular property and what was proposed for improvement, this is certainly a key part of the discussion. I do think it would, Bob, you should be reading it anyhow as a regular Planning Board member as a back drop to any commercial activity because it was a one square mile area that was studied. TOWN COUNCILMEN'S CONCERNS Councilman Brewer questioned the status of the streetlight at VanDusen Road? Councilman Turner noted that it's in progress and as soon as they get ready to put it up, they'll put it up. You can't rush them, I've tried to... Let me talk to her tomorrow and see where it is and I'll let you know. Mr. VanDusen, Water Superintendent-I just wanted to bring the board up to speed a little bit. I had a call from the engineer representing the Town of Moreau and as of four fifteen this afternoon, they have completed the application forms for permits from DEC and the Corp of Engineers. As you recall, it's a joint application for Queensbury and Moreau, it's being environmentally reviewed as one project even though we're responsible for one portion, Moreau is responsible for the rest. We have a couple of wetland areas off Big Boom Road, between there and the river that we have to cross and therefore it's subject of that permit. What the engineer was asking was that the Queensbury Board would need to authorize the Supervisor to sign the application before it's submitted. The Supervisor from the Town of Moreau will sign it as well as the Supervisor from the Town of Queensbury. It's my understanding that will probably require a resolution of the board to authorize him to do that. At this point, I don't have any specifics in the contract so I'm not sure that either the board should feel comfortable or I would feel comfortable recommending that we sign that but we don't want to delay that anymore than we can and I understand that you have a meeting on the 28th, is it possible to deal with just that resolution at that point? Town Board held discussion... Town Counsel Schachner noted that it might be covered by a previous resolution but will have to research... Board agreed that if it requires action by the board, they would propose a resolution for the 28th of December. . . Councilman Martin questioned whether we have formulated an ad and run it for the Task Force yet? Supervisor Brower-No we haven't run an ad for the Task Force... Matter of fact, I hope you will draft some language that might be appropriate for such an ad. Councilman Martin-I'd be most happy to... Supervisor Brower-We do have one applicant that actually visited me at the town office... I was very pleased that he came forward. Councilman Martin-Alright I will do that and forward it onto Chris and let Chris bring it up through... Mr. Tucker questioned the purpose of the Task Force? Councilman Martin-We're creating a Task Force to investigate smart growth on a bi-municipal basis. It's investigating the idea of, there are various models out there in the nation that are currently used at a state level that deals with growth on a regional basis. I just showed the board the other day, the State of Maryland has now adopted such a measure. Essentially what it does, it directs growth into what is accepted in the community as already standing commercial areas and in industrial areas and seeks to preserve those areas that are not commonly seen as experienced growth already. That's what it would do and I would propose that the Task Force investigate these various examples that exist and see how, if and how they may apply to the Town of Queensbury and the City of Glens Falls. They may come back and say no, this isn't the right thing to do for us. That would be fine but I think it would be, it would give a lot of credibility to the process to have a citizen group with some interest and some knowledge and some experience in these kinds of matters, not necessarily this per say, that would be very difficult to find but if a group could be formed to investigate that, I think that would be a progressive thing for both communities, speaking for me. Town Board held brief discussion regarding the Empire Zone... Councilman Stec reminded the board members that there's a need to seek Planning Board alternates... Supervisor Brower agreed and asked Mr. Vallaro if he would help prepare the paperwork for the advertisement. . . Mr. Salvador questioned the status of the new zoning ordinance? Mr. Round, Executive Director-We hope to have a draft back in our office the first part of January that reflects the changes that we've recommended and were heard during the public informational meeting and then come back to the Town Board with that and then seek guidance to go out and conduct a series of public informational meetings and the public hearing process. It's still months away but we hope to have something back in front of you in January. Supervisor Brower referred to the Capital Planning Process for the coming year and recommended that the Town Board spend more time as a board to sit down and really evaluate the needs and priorities of our capital planning list so that we can prioritize the projects that we should consider for funding for this coming year. .. I'm speaking for myself but the highway garage was not a priority of mine, personally and yet this evening we took action to hire an assessor to get an assessment of the cost of a building that could be utilized for a highway garage. So, that's a concern I have and it's something I think we should work on and it may cause us all to take another look at what we're considering and maybe change our priorities and it may not but it's simply something that I've observed and it's a concern of mine and I wanted to express it for your consideration. Councilman Stec-I agree with everything you said but I just don't see a harm in getting an appraisal on the building. Councilman Martin-I agree with everything you said too but I've been asking Henry about this and we just finished essentially the budget process and I think it was on your schedule, Henry to take this up after the first of the year.. Mr. Henry Hess, Comptroller-Actually, we're working on it now. Councilman Martin-Right, I mean to take it up with us in workshop or whatever so that we can get back at that now that the budget is over. The other thing I would say that impacts this is that, something like the highway garage, yea, that maybe true but on the other hand it's not every day that a piece of property presents itself like the AMG building and the presence of that opportunity, at least for me, may impact how I prioritize it. You know that building may not be here six months from now and therefore it would fall but we have an opportunity here, the presence of that opportunity can impact the prioritization or my prioritization anyhow. Supervisor Brower-That building has been for sale for years and it could be for sale for years to come. Councilman Martin-And it could be sold tomorrow. Supervisor Brower-And it could be sold tomorrow to a light industry that might locate there. Councilman Brewer-And that would be fine. In my mind, what it does is, maybe it justifies our reasoning for looking at it. If we see that the assessment is such that it's unreasonable for us to buy it, all things considered Councilman Stec-It can eliminate it. Councilman Martin-Right. Councilman Brewer-I'm not saying I'm absolutely a hundred percent in favor of it but I'm saying if we at least analyze it and say it, you know, this is something that the Highway Department wants to do to consolidate and save money as far as runs and stuff like that, we have to also consider the valuable space that we'd pick up for the town, at what expense does that cost.... So, if all things considered that proves to be something worthwhile then I'm willing to do it. If it doesn't, then it doesn't but I would just like to know, I think it's money well spent. Councilman Stec- The Capital prioritization that you spoke about, I agree with you a hundred percent. . . Councilman Martin-I agree, I think the Capital Improvement program, the planning for that is one of the priority items here in the first quarter of next year, to get that list set, get it funded and get the work started... I'm interested because it's an opportunity that is presenting itself by virtue of that building being there, it's location and it's facility, you know it's utility... There's an existing facility out there right now, there is some potential and maybe Henry's analyses is going to come back and blow it out of the water and maybe it's going to come back and make it very favorable, I don't know. For a thousand bucks, it's worth looking into. Councilman Stec-Right, for the cost of the appraisal, it's worth it... Councilman Turner-I'd like to talk about drainage after yesterday's storm... Meadow Lane off Meadowbrook and Homer Avenue, the little brook that comes out of the pond in back of Dr. Eisenhart's old house, it comes from the cemetery, that floods and goes into the basement of the lady's house that borders that stream. .. The fire company was over there this morning pumping her cellar out. Supervisor Brower-She called me today... She had flooding last year as well, earlier this year. Councilman Turner-I think there's a couple of issues that we ought to take a look at it to see if we can. Supervisor Brower-I guess Rick indicated to her he would look into somehow trying to clean the culvert out. .. She said he understood her concern, he didn't know if he could help her or not. I haven't talked to Rick, I tried to get a hold of him but wasn't successful but they've been out there working diligently all weekend long and I'll tell you, I've seen water where I've never seen water from that rain storm... What are your suggestions on Meadow Lane? Councilman Turner-The county dumps three of their big culverts, probably eighteen inch, right in the back yards of those people that live on Meadow Lane. .. They should take that culvert from where they've got it and take it out through that, across Meadow Lane and into that wetland so that it goes into that brook and back. Councilman Brewer-Is that the county or us? Councilman Turner-It's county, let them do it, it's off their road. Councilman Martin-Why don't we formally ask them to investigate that? Supervisor Brower-I'll contact Bill Remington and ask him to take a look at it to see what engineering recommendations they can give us. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 528,2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a Personnel Matter. Duly adopted this 18th day of December, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR TOWN BOARD MEETING RESOLUTION NO.: 529, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session and enters Regular Session of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. Duly adopted this 18th day of December, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY