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2002-09-09 REGULAR TOWN BOARD MEETING SEPTEMBER 9TH, 2002 MTG#40 RES#347-367 7:00 P.M B.H. 54-55 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER BOARD MEMBERS ABSENT COUNCILMAN THEODORE TURNER TOWN ATTORNEY ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY W ASTEW ATER DIRECTOR, MIKE SHAW EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND COMPTROLLER, HENRY HESS DIRECTOR BUILDING & CODES, DAVID HATIN TOWN HISTORIAN, MARIYLN VAN DYKE PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DANIEL STEC SUPERVISOR BROWER-Opened meeting. RESOLUTION OF SORROW CONCERNING THE DEATH OF H. RUSSELL HARRIS RESOLUTION NO.: 347, 2002 INTRODUCED BY: THE ENTIRE TOWN BOARD WHO MOVED FOR ITS ADOPTION WHEREAS, the members of the Queensbury Town Board were deeply saddened to hear of the death offormer Queensbury Town Supervisor, H. Russell Harris, and WHEREAS, Mr. Harris of Ridge Road, Queensbury, held many positions during his life including that of Queensbury Town Constable and Town Republican Committeeman, and WHEREAS, Mr. Harris also served as the Town of Queensbury's Superintendent of Highways from 1940 - 1946 and during that time he was responsible for extensive improvements and paving of Queensbury roads during World War II, and WHEREAS, Mr. Harris then served as Town Supervisor from 1946 - 1958 and during his tenure, was the impetus behind the establishment of the Town of Queensbury's Volunteer Fire Companies and centralization of the one-room school district into the Queensbury Central School, and WHEREAS, as Town Supervisor, Mr. Harris also oversaw the purchase of the Town of Queensbury Pine View Cemetery and established the Town's Cemetery Commission, and WHEREAS, as a member of the Warren County Board of Supervisors, Mr. Harris was very involved in the formation of Adirondack Community College and Warren County Airport, and WHEREAS, Mr. Harris was elected commissioner of the Warren County Social Services Department from 1959 - 1968 and oversaw the establishment of the Westmount Infirmary, the former Tuberculosis Sanitarium in Queensbury and the modernization of the Warren County Home in Warrensburg, and WHEREAS, H. Russell Harris was also involved in a number of community activities including the Mohican Grange, serving as a past master and a member from 1917, the Warrensburg Masonic Lodge, the Queensbury Senior Citizens as a charter member, the Hudson Falls AAR.P. and the Glens Falls Kiwanis Club, and WHEREAS, H. Russell Harris was a true professional, dedicated, understanding and conscientious in his role on behalf of this municipality and was a significant asset to this community, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its sympathy to the family of H. Russell Harris of Queensbury on his passing. GIVEN under the SEAL of the Town of Queensbury this 9th day of September in the year two thousand two. AYES Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Turner RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 348, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and moves into the Queensbury Board of Health. Duly adopted this 9th day of September, 2002, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor Noes: None AbsentMr. Turner PUBLIC HEARING SEWER VARIANCE - PATRICK SEELYE NOTICE SHOWN OPENED 7:05 P.M. PRESENT - JAY SWEET, AGENT, PAT SEELYE SUPERVISOR BROWER-I'll open the public hearing would you care to talk about your project? MR. SEELYE-It's a better system an Eljen system it doesn't meet the setback, which is eighty feet from the well. SUPERVISOR BROWER-Are you taking any precautionary steps as far a UV system or anything else regarding your water supply? MR. SEEYLE-No. SUPERVISOR BROWER-Will this be mounded are you going to elevate it? MR. SWEET-We are going to try not to but it might be a foot... SUPERVISOR BROWER-Further questions from Town Board members? COUNCILMAN BOOR-Are you going to fill in the old one? MR. SWEET -Yes, pump it out and fill it in. SUPERVISOR BROWER-Okay, this is a public hearing we'd like to invite any members of the public that are here to speak on it either for or against this proposal to come forward at this time. Is there anyone that would like to speak on this application? NO PUBLIC COMMENT SUPERVISOR BROWER-Seeing none I'll close the public hearing. PUBLIC HEARING CLOSED COUNCILMAN BREWER-I've got a question for Jay. SUPERVISOR BROWER-Jay would you could come forward and introduce yourselffor the record. JAY SWEET -Owner Queensbury Septic Systems. COUNCILMAN BREWER-Jay just at a look at this has any thought been given about moving it this way? MR. SWEET -You can't there is a big bay. COUNCILMAN BREWER-You answered by question. SUPERVISOR BROWER-Thank you Mr. Sweet. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF PATRICK SEELYE RESOLUTION NO.: 54,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Patrick Seelye has filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow a leach field to be located 80' from the well in lieu of the required 100' setback on property located at 28 Reardon Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on September 9th, 2002, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Patrick Seelye's application for a variance from the Sewage Disposal Ordinance to locate a leach field 80' from the well in lieu of the required 100' setback on property located at 28 Reardon Road, Queensbury and bearing Tax Map No.: 289.7-1-28. Duly adopted this 9th day of September, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec NOES None ABSENT: Mr. Turner RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 55, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 9th day of September, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Stec, Mr. Brewer Noes: None AbsentMr. Turner PUBLIC HEARING - PROPOSED EXTENSTION NO.7 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER -SOUTHERN BAY ROAD CORRIDOR ATTORNEY JOHN LAPPER, RICH SCHERMERHORN, DOUG AUER, TOM NACE PRESENT ATTORNEY LAPPER-Tonight we're here for the public hearing on the district extension. As the board knows this district extension going up Bay Road is a project that's been on the table before the Town for approximately fifteen years. What has happened is in reality Rich Schermerhorn is developing eighty acres on the east side of Bay Road that includes the Daycare Center that he built and today he put the footings in the ground for a 34,000 square foot two story office building for Glens Falls Hospital which will be the center piece of his Office Park. We've been working very closely with the Town Wastewater Department, the Comptroller, Town Attorney and members of the Town Board to finalize this plan. It was designed it takes into account all of the district area people that need sewer including Baybridge Homeowners Association which has had sewer problems that the Town is aware of that sort reentered this district extension. We designed it to include some other property owners who elected not to get invoved, but certainly there is excess capacity so additional users can be added in the future if they so choose. We think that we've done this exactly the way the Town wants it and we're hoping that we can move forward. MR. NACE-Nace Engineering. (Presented Maps) I will very quickly go through the district boundaries and the facilities designed can board members see that at all? The proposed district is an extension of the existing Queensbury Quaker Road Sewer District. It includes two properties that are already served by that district that are served by the south side users and that is the Bay Meadows Golf Clubhouse property and the Dance Center on Bay Road. The new properties to be served will be one residence on Bay Road, the new Professional Park that Mr. Schermerhorn is constructing the Baybridge Homeowners Association and the Walker Lane Apartments that Mr. Schermerhorn owns. The district boundary as proposed is as John mentioned. The system the facilities are designed so that they can accommodate future flows not only from the areas that are within this district extension but also other contiguous areas and future extensions off Bay Road to beyond the Town Offices. The proposed facilities at this time would te into the existing sewer on the Westside of Bay Road that presently terminates in front of a manhole in front of the Dance Center. There will be a short piece of eight inch gravity sewer coming up to the high point on Bay Road.... more residences and then there will be a force main that comes into that gravity sewer that will extend from sewage pump station down within the Professional Park. A gravity sewer from over on Walker Lane will cross Bay Road and feed into that pump station. There will be two manholes on either side of Bay Road that will be future extension points for service on up Bay Road there will also be a manhole on Walker Lane that could be a service point. The facilities as I said are sized not only for the existing flows from the districts, but also for future flows for the foreseeable future on Bay Road. The districts construction cost, private cost, I should say is approximately three hundred twenty thousand dollars that cost would be born by the users in the district and a portion 0 it born by the Town for future flow capabilities for extensions. The cost to the typical homeowner within the Baybridge Homeowners Association would total approximately three hundred and sixty dollars per year that is broken down into users fees also the benefit tax. Actually included in there is the buy-in cost of a dollar a gallon that each user will pay? The cost for a typical commercial operation assuming at least two hundred gallons a day the cost per year would be one thousand one hundred and eleven dollars. ATTORNEY LAPPER-That's it for us unless the board has any questions unless there is something the board has. COUNCILMAN BOOR-It might be a question that the public is interested in when you give the figure of three hundred and sixty dollars a year for Baybridge that's based on how many gallons is a gallon a typical gallon.... MR. NACE-That's for a typical home use based on.... COUNCLMAN BOOR-You gave eight hundred for a typical commercial I'm just curious what you've got for... MR. NACE-That's based on a hundred seventy four gallons per day what a typical residence uses. SUPERVISOR BROWER-Any other questions for board members? COUNCILMAN BREWER-No, I'm going to wait. COUNCILMAN STEC-I have questions for Mike and Ralph. SUPERVISOR BROWER-Thank you gentlemen. Mike Shaw and Ralph Van Dusen would you come forward Councilman Stec has a couple questions for you. COUNCILMAN STEC- Y ou two are both much more familiar with this than us you've been dealing with it for a long time. I'm still frustrated that there is another party involved in this and I'm frustrated that we weren't able to accommodate everybody so far. I want to hear it from you our experts is this the optimum plan for the public? Is the greatest good for the greatest number? Is there something else, if this happened it would be better or is this something from a technical standpoint the people that are going to end up inheriting this, running this maintaining it, administrating it, is this a good plan? DEPUTY WASTEWATER DIRECTOR, MR. SHAW -As you know the Town has looked at this area for several years the last thirteen years. The last study we had that was done by O'Brien and Gere I have some figures here and if you take a look at the phase approach. The first phase at that time was approving facilities all the way up to Walker Lane also Bayberry Drive. At that time the estimate was over two million dollars for this project. Currently this project here is something short of that, but with all these conversation within the past Phase I had brought dewatering in there that people weren't sure...... If you take those numbers out of those figures you still are a million dollars...the study was done back in ninety- five. COUNCILMAN STEC-Are you counting in that three hundred and twenty thousand dollar estimate in the Map, Plan, and Report total project cost do you concur with that? WATER SUPERINTENDENT, MR. VANDUSEN-The estimate is from their engineer it cost more, quite honestly from the developers.... COUNCILMAN STEC-Ifthe Town was to do this as proposed as a Town it would cost more than a million dollars is that what you said Mike? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Our plan is to sewer Bay Road it is not the same plan as the plan that was looked at years ago it could be in the million-dollar range I would think. (Tape inaudible) COUNCILMAN STEC-I know you are familiar with the alternate wishes that might be for this corridor how much more or less expensive would it be for that other party to tie into this plan as opposed understanding that we have not done a Map, Plan, and Report for this. Are we talking the same ballpark or are we talking grossly more expensive for this other party? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-One again, you are sitting here you can talk about a lot of things until you have an engineering study and shoot elevations and look at the project out there and look at the problems out there and the plans then you really know exactly what... The plan the way it is proposed now by Mr. Schermerhorn there are costs associated with connecting for other parcels that's not abnorma1...the cost is born by the people who own the property. The people in the district we have had to pump sewer gravity lines quite often sometimes gravity is not the best answer because the gravity flow to feed everybody you have to have a very deep sewer sometimes the costs of these sewers and these pump stations and the technology you need to do that out weigh the benefit of the project. This project that you are looking at that we looked at back in ninety-four we looked at a deep sewer that's why the cost was so high. You would have cost so high that's probably why the district wasn't formedbecause the average user cost at that time for a homeowner was like eleven hundred dollars a year. COUNCILMAN BREWER-Can I interrupt for one second. Why, I guess the thing that boggles my mind is when we did the study in ninety-six apparently our engineers felt that deep sewers were the best way to go why didn't they think of not going deep sewers to eliminate the cost of blasting, do you understand what I'm saying? Seven years later, eight years later we're doing the same thing only a different way and it's a lot cheaper, I guess I don't understand why we didn't.... COUNCILMAN STEC-I'll try to answer your question. It's my understanding that where that pump station is proposed now was not in the scope of what was looked at in nineteen ninety five. COUNCILMAN BREWER-So it's a much different place. COUNCILMAN STEC-I mean is that why? They were looking at more of a linear right up the corridor where would you put it and they weren't necessarily saying well if we were looking at a broader swath of land where is the best point. If we do that look now I mean is that point that they are proposing make sense to you? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Certainly we've done district extensions in the past each one that was done....the developer is going to look at his best side because he's funding the project. The Town wants to make sure that the facilities are large enough to sewer that area strictly some benefits where the pump station is to him but he's the one who is funding the project. COUNCILMAN STEC- That pump station this is sized to accommodate all these other future maybe parcels that we're talking about. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-That's correct. That's the advantage of it if somebody wants to connect at a later date they can do so. They will have to do a district extension on their own, but the facilities are there... COUNCILMAN STEC-In your mind how likely are we to continue north on Bay Road in the next ten years is likely to be it for ten years? DEPUTY DIRECTOR OF W ASTEW ATER, MR. SHAW-That's another thing about this kind of project the Town is paying dollars into buying future capacity certainly when the Town buys into future capacity its no different than buying a sack of potatoes and wanting to resell it. Certainly by the Town buying into capacity, which they are, they will have a chance to resell that. The plans in the past.....I think we could find that the buy-ins were questionable.... COUNCILMAN STEC- These proposed three hundred and sixty dollars per year per home three hundred and twenty thousand dollars total project cost comparable to previous district extensions or competitive? DEPUTY DIRECTOR OF W ASTEW A TER MR. SHAW-That's exactly what the current districts pay. Once you become a part of that parent district everybody pays the same. COUNCILMAN STEC-I guess what I'm saying the cost for this project is not out of line with other similar capacities? DEPUTY DIRECTOR OF WASTEWATER MR. SHAW-It is actually less. WATER SUPERINTENDENT, MR. VAN DUSEN-I guess the only thing I like to add the plans that have been looked at over the last twelve to fifteen years this is one of the first that is probably going to be affordable for people to connect down the road in the future. As Mike mentioned deep sewers gravity sewers are nice things if you can get someone else to pay for them. In reality part of our goal all along was to construct sewers on Bay that will enable future growth. I don't know if its going to be next year or twenty years from now, but through the efforts of a lot of people negotiations have taken place with discussions on the financial implications for future.... I think this is the first plan that really creates a affordable solution doesn't mean we can guarantee growth will occur in the next month or in five years, but it certainly is by far more affordable than anything else. SUPERVISOR BROWER-While you are on that subject Henry Hess do you have any comment as far as the future affordability of the project? COMPTROLLER, MR. HESS-I really have to rely a great deal on the history of Mike and Ralph. Using the guidelines that they gave us this applies with what's projected.... SUPERVISOR BROWER-Thank you gentlemen. I think at this time we'll open the public hearing and ask those parties that would care to address the board on this proposed sewer district. COMPTROLLER MR. HESS-I'd like to make one comment that is very much related to it, but somewhat independent. I met with Craig Bramley several times over the past few weeks he represents Baybridge Homeowners Association. I met with him late this afternoon. I know that the Town has some money invested in work that was done under a previous contract that expired Baybridge has some money invested in that work also. Baybridge would like to think that some of the money that they have invested in it has some value going forward into the new extension. The documentation they provided to you this afternoon I haven't had a chance to review it was late, but I have committed to take a look at that I will in the next few days. If there is some value there that's worth to consider then I will bring it to you at that time. However, I do not believe there is any contractual obligation that the board has with that old contract nor do I believe there is any reason that the old contract and the money the two parties haveinvested in never materialized, never matured has an impact on this sewer district extension nor the contract.... COUNCILMAN BOOR-You are going to get us a copies of that? COMPTROLLER, MR. HESS-Yeah, I think you may have copies. COUNCILMAN BREWER-We got copies. COUNCILMAN BOOR-I haven't checked by box yet. COMPTROLLER, MR. HESS-I think Craig Bramley distributed them all.... SUPERVISOR BROWER-At this time I'd like to open the public hearing to any parties that like to comment. Please introduce yourself for the record your name and address, please. CRAIG BRAMLEY, BA YBRIDGE, PRESIDENT HOMEOWNERS ASSOCIATION-I dropped off a packet that Mr. Hess was referring to late this afternoon regarding some of the issues we have in pursuing the project. Overall we like to express your satisfaction about the concern shown for our financial limitations. The fact that you said there are some issues that we're going to need to have resolved prior to final approval mainly do our financial constraints over Baybridge I guess we just want to go on record explaining that. The packets were handed out late today I'm sure you need some time to review those figures. In short what it involves expenses from the previous project that were never really handed in to you for reimbursement of the previous agreement. Also expenses that we incurred this year for site work on Walker Lane. Then, I guess some verification that were going to need that the construction costs are forty thousand eight hundred dollars is going to be a true cap. If the project went over cost that we would nt go through the figures of beyond that forty thousand dollars. The last issue is the retirement of those septic tanks. COUNCILMAN BREWER-That issue we can touch on I think. I think as far as the cap that in my mind I would refer to our Attorney we can't control that's between you and Rich. MR. BRAMLEY-I guess I'm glad we're up here tonight. COUNCILMAN BREWER-Absolutely. MR. BRAMLEY-In talking to Dennis a couple of weeks ago I asked that question was that going to be a.... COUNCILMAN BREWER-How can we do that? ATTORNEY HAFNER-We don't represent Baybridge. SUPERVISOR BROWER-You have contact with... MR. BRAMLEY-No we don't. COUNCILMAN BREWER-Then you ought too. SUPERVISOR BROWER-You must have an agreement. MR. BRAMLEY-We have an agreement under the previous Map, Plan, and Review not under the current Map, Plan, and Review. COUNCILMAN BREWER-You have to have an agreement with the guy that's doing the sewer system and we're not doing it so, therefore we can't guarantee what's your costs are going to be. We can only guarantee what our costs are going to be because that's what our contract says that we're buying this for this. As far as the other costs we have no obligation to.... MR. BRAMLEY-I understand that and that's probably our fault, however, district are handled I guess I'm a little confused because Dennis I had asked you are we going to have to negotiate with Mr. Schermerhorn and you indicated no that forty thousand was really a capped figure. SUPERVISOR BROWER-I don't believe I ever said it was a capped figure that may have been your terminology. I'll ask the question of the applicant later about that. MR. BRAMLEY-Okay. Quite honestly in our position we have financial implications over there and we simply just have to know what are costs are going into so we can make our judgments. COUNCILMAN BREWER-Understood. I just want to go on the record and I have no interest in this at all except for what's in it for the Town I don't want to be a part of guaranteeing your costs when we're not building this system that's Tim Brewer's own opinion. MR. BRAMLEY-I think that's a valid opinion. I guess our position is we are not experts we're not engmeers... COUNCILMAN BREWER-Nor am I. MR. BRAMLEY-Quite candidly we've born some costs over this past year and a half because of the fact that we're not experts we don't want to get into the same situation that were in the past year and half. COUNCILMAN BREWER-Right. SUPERVISOR BROWER-As far as the retirement of septic tanks that will require a separate agreement. MR. BRAMLEY-Through the Town? SUPERVISOR BROWER-Yes. COUNCILMAN BREWER-Not with the Town. SUPERVISOR BROWER-Actually with the developer I assume. MR. BRAMLEY-That's sort of a Town requirement. ATTORNEY HAFNER-It's a Town requirement at the expense of the developer. MR. BRAMLEY -We just want to synchronize it ahead of time so there will be no surprises for us. SUPERVISOR BROWER-Thank you. JOYCE HUNT, BAYBRIDGE RESIDENT SINCE 1 989-(Presented Board Members with a list of chronological events of the Baybridge Septic System- on file Town Clerks Office). I just thought I would give a bit of a chronological rundown... we have had a lot of problems and am hopeful that the sewer district extension goes through. In 1989, put in a new rail system for $1,200. COUNCILMAN BOOR-One quick interruption I don't know what a rail system is. MS. HUNT -Something to do with the pump. COUNCILMAN BOOR-Okay. MS. HUNT-Another $50.00 additional assessment for new pumps. In 1990-$200 assessment to replace parts for sewer. Pump station and heaters installed in 1994. We had to build an entire leach field 1994 it cost $21,759. March of 99-repleaced leaking valve. April 99-east field blew out ponding on dirt road, fill placed then. April 99-first discussion on this sewer plan brought up. The summer of 2000 sand and gravel place on dirt road after field one blew out. November 2000-resolution voted creating Sewer District #7. September of 200 I-field one banks were seeping. October 200 I-replaced corroded leaking pipe in wet well Walker pump. October 5th, 200l-DEC contacted about failure ofleach field one. December 2001- Received crucial easement-Agreement with Town of Queensbury expired. Apri12002-DEC gave QBHOA until April 2003 to connect to municipal sewer. June 2002-Agreement signed by QBHOA and Schermerhorn to develop Sewer District #7. As a homeowner it has been a thirteen-year odyssey and are very hopeul and thankful to see a closure. I think this is a win-win situation for the Town, Schermerhorn and Baybridge. Thank you. SUPERVISOR BROWER-Would anyone else care to discuss this? JOHN SALVADOR-I'm not presently a resident or anywhere near this sewer district and it is not likely that I will be in the future. Since arriving in this community thirty years ago I have been very very heavily involved in the area of wastewater and I've taken an interest in the Bay Road corridor also. I've got to tell you this is a novel approach sometimes I've been accused of that sort of thing, but I've got to say this is different than any other approach we ever considered before. In the end analysis this is going to be a municipal utility how it gets built is quite another thing. In the end it is going to be a municipal utility and I think it has to serve the public in general in that regard and not favor one over another there are certain ground rules that have to be followed. I think we have to start with the definition of a district. After you define a district is when you then can define location and size of the various components that make the system work. I heard a very very limited definitin of a district tonight and just some words about capacity that will take care of the future. Well if you don't know where that capacity is coming from where the demand is going to be you can't quantify it. We could in fact be investing huge sums of money in anticipation that this district will get another extension but it might never materialize. The land might not be developed it may not be developed in the form we see today. The present users along the corridor may not need the service and won't join if they are not forced too so there could be a huge investment that's not necessary. I think a definition of the district that we're going to serve and then put together the elements that are going to take care of the problems. The other thing I'd like to recommend is apparently I see here tonight some competing interest. I would think that it would be incumbent upon the Town to take whosever's design to put on the table that you are going to use and pass it by your engineer. There should be an indepedent evaluation you do have a Town Engineer who is qualified to do this sort of work. SUPERVISOR BROWER-Thank you sir. Would anyone else care to address the board? ATTORNEY DENNIS PHILLIPS, REPRESENTING DAN VALENTE, JR. THE DEVELOPER OF THE WEST SIDE OF BAY ROAD-I have a question that I would like to ask and I don't know if people are here to answer them. Early on in the presentation it was mentioned that the project cost was going to be three hundred and twenty thousand dollars. Then later on in the presentation by Mr. Shaw the indication was that if it wasn't three hundred and twenty thousand dollars the Town didn't care what it was going to be because that would be picked up by the developer. However, I also heard that in that three hundred and twenty thousand dollars that it was going to be excess capacity and that excess capacity was going to be purchased by the Town. I did not hear anybody say what the excess capacity was going to be and I did not hear anybody say what the cost of that excess capacity was going to be to the Town. I'm wondering if! could hear those numbers before I proceed? COUNCILMAN BOOR-If we have them I don't have them in front of me. COUNCILMAN BREWER-Towns cost want me to share them with you? SUPERVISOR BROWER-Actually why don't we ask Mr. Shaw.... DEPUTY WASTEWATER DIRECTOR, MR. SHAW-It's in the Map, Plan, and Report. COUNCILMAN BOOR-A hundred and twenty thousand is the total you just do the math what it's twenty for Baybridge.... COUNCILMAN BREWER-Seventy six thousand gallons the Town is buying the total cost one forty two two ninety seven forty. COUNCILMAN BOOR-That's what the Town is buying, but do you want to know what the total is? COUNCILMAN BREWER-The total capacity is one twenty. COUNCILMAN BOOR-Of that seventy-six that the Town is buying is now unused. COUNCILMAN BREWER-Correct. ATTORNEY PHILLIPS-So the total capacity is one twenty the Town is buying seventy-six for a cost of one hundred and forty two thousand two hundred and ninety seven... COUNCILMAN BREWER-And forty cents. ATTORNEY PHILLIPS-Further question and Mr. Stec asked a question of Mr. Van Dusen and Mr. Shaw he asked a question of whether this proposal that's on the table is the best proposal for the greatest number of people in the Town of Queensbury. The response I heard from Mr. Shaw was in a response based on a previous study that had been done a number of years ago, which covered a great land area a land area greater than this, and I don't think he ever answered that question I was waiting for the answer to that question, but I didn't hear it and maybe I could stand corrected if I'm wrong on that. COUNCILMAN BOOR-What's the question again? ATTORNEY PHILLIPS-Mr. Stec asked Mr. Van Dusen and Mr. Shaw whether the proposal that was on the table was the best proposal for the greatest number of people in the Town of Queensbury. In other words was this proposal truly in the public interest that's the way I interpreted the question. I don't know if that question was ever answered can you answer that question Mr. Shaw? DEPUTY DIRECTOR W ASTEW A TER, MR. SHAW-Like I said before the Town was trying to sewer Bay Road for some thirteen years at a cost that was prohibited this plan enables the user to connect at a cost that is affordable. ATTORNEY HAFNER-Town Board can I just interrupt for one point I think it will help Mike who might be answering questions...are not necessarily before you. The questions that you are going to face is not about a femoral Map, Plan, and Report, that aren't here before you, but you have a plan that is before and you have certain statutory requirements and maybe it would be helpful for me to remind you of ....the public. The statutory requirements that you have to do are one, was the notice of the public hearing and did you have the public hearing. Are all the property and property owners within the district extension of the Map, Plan, and Report that you have before you are they benefited? Are all property and property owners that are benefited by this district included within the boundaries of the district? Is it in the public's interest who established this district? This is not about a femoral other district there is also a second part....about the excess capacity question. New York Law allows a Town Bord to purchase excess capacity for a sewer or water district if you expect that you need it and be able to sell it to future users down the road. SUPERVISOR BROWER-You have a reasonable expectation of being able to sell it in the future. ATTORNEY HAFNER-I wanted to bring it back to the statutory requirements rather than dealing with maybes and what could have been. SUPERVISOR BROWER-I appreciate that. ATTORNEY HAFNER-This is what the public hearing is about. SUPERVISOR BROWER-Mr. Phillips I'll answer your question too, because in having worked with Mr. Van Dusen and Mr. Shaw at length and looked at this proposal it seems to be the only proposal that's ever been available to the board that would be affordable to Baybridge residents and businesses on the corridor both now and in the future. I don't think that type of proposal has ever been in front of this board or previous boards to my knowledge. I'm very comfortable that this is an affordable project as delineated in the Map, Plan and Report, go head do you have further comment? ATTORNEY PHILLIPS-With that in mind as far as Valente Homes is concerned the developer the west side of Bay Road and one of the properties that is not included in the proposed district I think that there are a number of concerns. Mr. Salvador mentioned that this appeared to be a novel approach in that it was a private developer proposing to a Town a municipal project which at the end of the day becomes a municipal project its owned by the Town. It's going to be constructed and then turned over to the Town so it is your district....it will be your district. SUPERVISOR BROWER-Correct. ATTORNEY PHILLIPS-As you know I delivered to members of the Town Board a letter dated August 26th, 2002 and with that I delivered a report from an engineer by the name of Charles Scudder. If you have that letter into possession I would like that it be entered into the record at this time. COUNCILMAN BREWER-Just the letter? ATTORNEY PHILLIPS-The record and the supporting documents that were prepared by Mr. Scudder. SUPERVISOR BROWER-I think I would enter your letter into the record then if you got it with you. ATTORNEY PHILLIPS-I have a copy of my letter. SUPERVISOR BROWER-Fine. If you would like to submit it for the record you are welcomed to. ATTORNEY PHILLIPS-I would like to submit that for the record. (Letter and supporting document never received by Deputy Clerk from Attorney Phillips) One of the great concerns was the issue offavoritism as a project being proposed by a private developer instead of the public. As Mr. Stec mentioned before you would expect a public project to be a linear project in that we would follow the public highway up the Bay Road corridor. This project does go up the Bay Road corridor and then it takes a sharp right and goes into the private development of Mr. Schermerhorn and then comes out the other side. SUPERVISOR BROWER-Which is the low side on the corridor by the way. ATTORNEY PHILLIPS-Never the less that's what it does it goes into what is now private property it's not within a public easement. The concern was on behalf of Valente Homes that the deviation from the public corridor could present a practical difficulty now and in the future with respect to a hookup. Another concern of Valente Homes is that it never was really given the opportunity to sit down with the proponent of this project and hanuner out in a hard fashion the actual cost of what this project would be. I think that the President of Baybridge may have been a little bit surprised tonight when he realized that the forty thousand dollar contribution of Baybridge might not be the end of it, it may not be a cap it might be the beginning. I think that Valente as a sophisticated developer whose been involved in many projects over the years does everything it can to harden up numbers before it embarks upon a project. I think that has been lacking in this project particularly when a Town Official will say, wel we don't care whether it's three hundred twenty thousand or a million it's only going to cost us so much money. On the private side the difference between three hundred and twenty thousand dollars and a million is huge and we're very concerned about that. COUNCILMAN BOOR-I think that's the point that he was making that's the very point he was making. Nobody in the private sector is going to be able to cover that million dollars if it cost that much so we are in the most fiduciary sense looking out for the public. This is the least expensive way this has ever been suggested being done it handles the entire area. If somebody does not want to buy in on inception it's their prerogative. We can't force them we can't make them sit down and hammer out these agreements that you are talking about. What we have here is Baybridge is under a mandate to take care of their problem. We're looking at them we're saying we've got somebody that's willing to do this for you not only willing to do it for you, but they are going to get a capacity for the entire district should we decide to extend it. Until somebody comes forward with a bigger idea I like this idea. I appreciate what you are saying, but the truth of the matter is you have not done a good job of presenting an aternative. You've had more time than Mr. Schermerhorn not you personally I don't know how long you've represented the client. The client has had years to deal with this and it hasn't gotten done we've got somebody now that's willing to do it. I'm sorry that it might not be the greatest deal for your client but we have to look at for the greater good and that's how we see this that's how I see it I can't speak for anybody else here. From a fiduciary standpoint this is the best deal we can do for the Town and for anybody that would like to buy in in the future. SUPERVISOR BROWER-Let's let the gentlemen finish his statements and any questions he poses if board members would like to engage those afterwards we'll do so. I'd rather not have this dialogue but rather a presentation by the Attorney who represents Mr. Valente. COUNCILMAN BOOR-I just don't like to have a mischaracterization of a Town Official okay that's where I was going with that. SUPERVISOR BROWER-That's okay I appreciate it. ATTORNEY PHILLIPS-In response to that in the private sector if the cost is going to be forty thousand that's one thing, but if it's going to be a hundred and forty thousand that's another thing that difference between the one forty and the forty is a big risk. As to minimize that risk up front it requires a lot of hard thinking and cooperation. The...that Valente Homes has had to respect to the....ofthis project is that might not occur. Case in point on that is that I was invited to an informal meeting, which supposedly was going to be a sit down by various principals in the project and that was to occur on July 30th in the Queensbury Town Office Building. In fact, I did show up for that meeting upon request of my client, but I was informed when I got there that the meeting had been canceled by a fax the same day at approximately forty thirty in the afternoon. So, I question whether there was a good faith effort to truly achieve a cooperative effort in this case. I mention that for the record because Ithink you should.... COUNCILMAN BOOR-What was the date of that meeting? ATTORNEY PHILLIPS-July 30th. The last thing I'd like to mention is that as much as the Town is trying to be prudent with respect to cost on this project this project has been talked about since nineteen eight five. You asked me how long I've been involved with the developer on the west side of Bay Road and the answer is since nineteen eighty five and between nineteen eighty five and this project a number of studies have been done this project has always been considered to be a public project. It's my understanding that this falls within the category of a public works project because ultimately the project is going to land on the shoulders of the Town of Queensbury. As a public works project it is going to be receiving some oversight from the Department of Labor and from the Department of Health. There are other governmental agencies involved in this project, which obviously would have to have notice of this project. We're not trying to stop this project we believe that sewerage on Bay Road is vital to the growth of the Queensbury Community. We do feel that the public interest is paramount and that the public interest commands that nobody in the private sector act solely for a private purpose, but must cooperate with other people for the public good and that is very important from our point of view. On that basis, I have questioned the legal basis on which this project is continuing. It is not the typical public project where government takes the initiative and then people jump on board. This is the reverse of it where a private developer is taking the initiative and there are people with concerns about what this is going to cost them in the private sector because they really haven't been brought into the route where they truly understand all the financia implications of this so those are our concerns. So, ultimately I would ask for an opinion from the Town Attorney as to the legal foundation for proceeding in this manner. I would very much like to see what the contract is.... It is my understanding that this pubic hearing was predicated on that basis, but never the less that contract has not been entered into between the parties at what point that changed I don't know, but I think that's important to see. I learned for the first time tonight what the excess capacity was going to be and how much it was going to cost. I would like to leave this board with the idea that there are a lot of unanswered questions here as far as a very important developer on the west side of Bay Road is concerned. If you have any questions for us we will gladly answer them after the presentation is over. COUNCILMAN BOOR-One quick one from me. You said you found out tonight for the first time what the excess capacity was and the cost is this the first time you've asked? ATTORNEY PHILLIPS-I was waiting for that to be mentioned in the presentation. It wasn't mentioned in the presentation but because this is a pubic hearing, I thought it was very important to put that into the record. COUNCILMAN BOOR-It is, but I mean this is the first time you've asked a question it's not like you were two weeks ago when this information was available asking that question. ATTORNEY PHILLIPS-This is the first public hearing we've had. COUNCILMAN BOOR-Alright, I thought you were concerned what they were? ATTORNEY PHILLIPS-I think it's the first time I've asked the question maybe others have asked the question. SUPERVISOR BROWER-May I ask have you seen or looked at the Map, Plan and Report for the proposed project? ATTORNEY PHILLIPS-Yeah, I have. SUPERVISOR BROWER-Well then its right in the Map, Plan and Report so I don't understand why it's the first time that you've known about this. ATTORNEY PHILLIPS-Because the Town of Queensbury is buying that excess capacity and because there is a cost attached to that I think it's very important that it's part of the public record. SUPERVISOR BROWER-I don't mind it being part of the public record I just find it surprising. ATTORNEY PHILLIPS-In an articulated manner I don't think everybody in the room has read the Map, Plan, and Report. SUPERVISOR BROWER-Probably not and I welcome that as part of the record that's what public hearings are all about. ATTORNEY PHILLIPS-Mr. Valente has just mentioned to me he has been informed that the Department of Labor is interested in this project and is going to be in contact with the Town of Queensbury relative to its role in the project. At what point that's going to be forthcoming I don't know, but Mr. Valente has indicated that it will be something that happens in the future. COUNCILMAN BOOR-Is this to help us? SUPERVISOR BROWER-Thank you. Supervisor Brower-Would anyone else care to address the board? CHARLES Y ASKO-Just happen to be here as a resident of Baybridge for three years and the Town for forty years what happens now that's my question? Where do we go from here? SUPERVISOR BROWER-Well it's going to the City of Glens Falls the Sewer Treatment Plant. MR. Y ASKO- I just want to know what happens now are we going to have to go and do more research or can decisions be made tonight or Executive Session? SUPERVISOR BROWER-Stick around Mr. Yasko. Would anyone else care to address the board, Mr. Irish. DOUGH IRISH, QUEENSBURY-I think that the Town Board should be happy that a private developer has come forward and offered a plan to sewer that district. I know when I was on the Town Board we looked for a way to do it again the price was absorbent we couldn't find a way to do it and have the people down there pay for it. I think Roger made a good point.... Rich Schermerhorn came in front of our board a couple of times with projects that were going on in the Town at the time I always found him very agreeable to any kind of changes we wanted to make that would benefit the Town. He was always willing to do more than what initially the plan called for if we asked him. I don't think that he's out to hurt the Baybridge Homeowners or anybody else in Town. He's got a project going on on both sides of the road and I think it benefits the Town as a whole to sewer that Bay Road corridor eventually. If ten years down the road if somebody wants to tie into it and it costs them more money than what's projected righ now those are the things you are going to have to look for at that point you can't control those right now at this point. To not do it would be a bigger mistake than to do it now at the cost that you are projecting. For the money a private developer can do it for verses what a municipality can do it for you need to go ahead and do that now and get it done with so we can move on and develop further up the road. SUPERVISOR BROWER-Would anyone else care to address the board? Mr. Salvador one more shot. MR. SAL V ADOR-Mr. Hafner's comments are well taken. Your authority or ability to purchase excess capacity is there, however, it's limited to the district as defined in the Map, Plan, and Report. Where are you going to buy excess capacity all over the world there has to be a definition? The definition is the district boundaries and those people who are in the district boundaries are the benefactors and those people are the payers. The excess capacity if you want to buy it for some undeveloped land in the district you are at liberty to do so, but the district has to have definition it can't be up the road some place that's not adequate. SUPERVISOR BROWER-Would anyone else care to address the board? COUNCILMAN BOOR-Quick question, Chris? As far as total build out of Bay Road we do have that figure is that correct we have ideas? EXECUTIVE DIRECTOR, MR. ROUND-The Map, Plan, Report itself contains estimates of... properties and the capacity that is based on proposals that have been placed upon the Planning Board and proposals that have.... through subdivisions and projects that are going... SUPERVISOR BROWER-Ralph Van Dusen and Mike Shaw would you come forward again, please there is a question for you two. COUNCILMAN STEC-The Valente's brought up one question that I just wanted to make sure that we had answers to. Let's say that this gets built out as proposed and sometime in the future the Valente's on the west side of Bay Road want to connect (1) Where would they connect to? (2) Are they guaranteed to be able to connect there? WATER SUPERINTENDENT, MR. VAN DUSEN-Actually under the current scenario anyone adjacent to or even up the road a ways would go through the process of a Map, Plan and Report, public hearing, have an engineer prepare a plan showing a possible route to connect. Until you actually develop the property it's tough to say actually where you will connect. I heard Mr. Nace indicate that there are connection points on either side of Bay Road. COUNCILMAN STEC- That would be accessible. I'm just thinking is the connection point going to be landlocked on private property? I presume there are easements that will allow....I want to make sure that future expansion or addition here will be permissible by law. WATER SUPERINTENDENT, MR. VAN DUSEN -The existing sewer district consist of sewers in Town right of ways, County right of ways, some State and on easements this extension is no different. Anything that is not within a right of way will have an easement on it. The connection points that I heard described earlier it sounded like they are on the Bay Road corridor on the County right a way. COUNCILMAN STEC-I have one other question I'm not sure its for you to answer or maybe for the developer Schermerhorn to answer. I just want for the purpose of the public record here tonight were the Valente's invited to participate in the district? I don't want somebody to say well we were never asked I want that on the record. COUNCILMAN BREWER-I got one question for you before you go. COUNCILMAN STEC-Well, I want an answer to that. COUNCILMAN BREWER-They are there why make them get up and come back. COUNCILMAN STEC-Your right your so wise. COUNCILMAN BREWER-Age. Do we, will we, why didn't we have an engineer look at this? WATER SUPERINTENDENT, MR. VAN DUSEN -Typically on a district extension on water and sewer we review it. If there is something unusual that we feel we need outside expertise we might have it reviewed I can't remember one it doesn't mean you can't. COUNCILMAN BREWER-Okay, just a question came up. I guess in my mind and I'm not saying this as a bad thing when I was on the Planning Board we had an engineer review if somebody wanted to put a Taco Bell up we have an engineer look at it. We're talking about a sewer system here that's on Bay Road that we don't have an engineer look at. WATER SUPERINTENDENT, MR. VAN DUSEN-With all do credit to the Planning Board.... EXECUTIVE DIRECTOR, MR. ROUND-That's there department. SUPERVISOR BROWER-You might want to stay close. Could I ask the developer to come forward at this time? Mr. Lapper would you comment on the Baybridge contribution offorty thousand dollars. ATTORNEY LAPPER -The way the district budget was arrived that is a good faith estimate. Rich is willing to guarantee that it won't affect Baybridge....he feels very comfortable with the numbers... As was mentioned before we guarantee the buy-in price for the Town anyway so we would be happy to guarantee that forty thousand dollar price. SUPERVISOR BROWER-Can I ask this that does not include the retirement costs associated with retiring the existing septic systems does it? ATTORNEY LAPPER-That is not part of the district facilities that's a cost associated with Baybridge. SUPERVISOR BROWER-That's a separate Baybridge cost you nor do we know what that cost could be? ATTORNEY LAPPER -Correct. SUPERVISOR BROWER-I wanted to clarify that for the record that's all. ATTORNEY HAFNER-I thought from the Map, Plan and Report that it was included as one of the costs of the district. I thought the Map, Plan and Report they were going to retire the septic system... MR. NACE-The Map, Plan and Report includes the construction, project costs for the district facilities which are up and to that manhole four hundred feet in on Walker Lane. The cost to anybody whether its Rich who owns commercial property on Baybridge or the apartments the cost of the connection to the facilities are separate and apart from the district costs. With a good faith effort in the Map, Plan, and Report would give....it does not address... Tim on the engineering review the final plans are reviewed at DEC. DEC goes through a thorough review...ifthe Town wants us to coordinate and have the Town Engineer.. .. COUNCILMAN BREWER-It was just a question. You know as well as I do everything gets reviewed except I see we're spending a hundred and fifty thousand dollars on something and we're not going to spend two or three thousand dollars or whatever it is and have this reviewed no discredit to anybody. MR. NACE-None taken. COUNCILMAN BOOR-If I'm not mistaken Rich just said he is going to incur any additional cost. COUNCILMAN BREWER-Not in that aspect of it Roger. COUNCILMAN BOOR-If it doesn't work he's paying the cost does that play into it? COUNCILMAN BREWER-Not in that aspect of it Roger. COUNCILMAN BOOR-If it doesn't work he's paying the cost isn't he? COUNCILMAN BREWER-In my mind if I'm going accept something and spend a hundred and fifty thousand dollars on it before I spend a dime I want to know it's going to work that's my point. ATTORNEY LAPPER-We're here because we've......to a level of the Wastewater Department, Ralph and they do that for the Town they've scrutinized this.... COUNCILMAN BREWER-I understand that no disrespect to them either. Again, I'll go back to my point when we were at the Planning Board level we had the Planning Staff, Chris is a professional and other professionals in that department looked at things, but we also had an engineer look at them at no expense to the Town it's just checks and balances that's all. ATTORNEY LAPPER-And here that's done by DEC. COUNCILMAN BREWER-That's fine. COUNCILMAN BOOR-They are going to be doing that. MR. NACE-In this instance DEC does take a very detailed review..... COUNCILMAN BOOR-John could you address the issue that the Valente's brought up have you invited them to these.... ATTORNEY LAPPER-I think that is really important just to set the record straight. We have been working on this for months very carefully. We originally designed the district with their land included because we heard that they had plans to develop an office...on that property so we assumed that they would want to be involved. It's embarrassing as only because as far as I know Dennis is a fine Attorney, I work with him all the time, I have a lot of respect for him as far as I know he has only been involved with this for a number of weeks probably since the end of July. I want to read for the record a letter that Rich wrote on June 13th. Dan Valente Valente Builders 50 Country Club Road Queensbury, New York Dear Dan: As you are aware I am in the process of forming an extension to the existing Quaker Road Sewer District to serve my Office Park on Bay Road. As currently planned this extension will include the Baybridge Homeowners Association and a few properties along Bay Road. The sewer system for this extension will include a pump station located at a low point along Old Maid Brook within my Office Park gravity sewer will connect to this pump station from some point along Walker Lane. As we have discussed it would possible to include....adjacent to Baybridge in the proposed sewer district extension, however, I would need to make provisions and the design of the proposed system to assure that there is adequate capacity and that there are reasonable points of connections to grow. I am proposing to submit a draft of the district formation to the Town of Queensbury in the next two weeks therefore if you have any interest to be included in the district I need to know by June 21st. I would also ask you....sewer flow and if ormation on where and how you would connect to the proposed sewer. Please call me at the earliest opportunity to discuss this matter. Sincerely, Rich Schermerhorn They did not elect to go in the district. We had a meeting schedule for the end of July what we decided to do instead was to have our engineer and Valente's engineer get together instead of having a lot of people get hot in a room we thought we might as well have the engineers talk about design. Tom Nace did meet with their engineer and what they proposed at that time was the same thing that Dennis talked about tonight was to go back to the nineteen eighty eight Kestner Engineering Design to put along the Bay Road to put a twelve inch main which you heard Mike and Ralph estimate would be a million dollars the Town thinks it would be somewhat higher than that. That is a system that is much more expensive that is one of the designs that never came to fruition because it was something to expensive. There is nothing going on here other than Rich is doing this at a very low cost because it's in his interest to finally get this done so he can build his Office Park. We were able to get the Planning Board to agre to let us do the daycare with on site septic because the land could handle it with the understanding that once there was the sewer line that would be converted over and to the...building we want to connect it to the sewer line. That is incentive for Rich to get the Town's...excess capacity, which you said along that you want and get Baybridge....system on board at a price as it's been on the record tonight is much lower than any cost that was ever discussed that's why we're here and that's what it was about. The other issue as Dennis mentioned was is this is somehow a municipal facility. Bob knows all about the Town law and this is a district extension a petition from a landowner, a developer where the excess capacity is going to be purchased by the Town which is absolutely legal under New York law there is nothing unusual about this. The developer can build a road and also dedicate the road to the Town and the Town accepts the road and the Town maintains it here the cost of maintenance gets born by the istrict participants. There is nothing unusual about this at all except that if the Town went out to bid it, it would cost a lot more than what Rich could do it for. SUPERVISOR BROWER-Just for the record would clarify the fact that the pump stations located at the low point of the corridor, which is on Mr. Schermerhorn's property near Maid's Brook would you clarify what easements you would eventually provide to the Town. MR. NACE-Actually the pump station will be located on a piece of land that will be dedicated to the Town along the adjacent road the pump station property itself will be Town owned. The sewer going to the pump station will be on an easement that will be granted to the Town. ATTORNEY LAPPER-It is much like on Meadowbrook Road where along the side of the road there is a pump station.... SUPERVISOR BROWER-Do Town Board members have questions? COUNCILMAN BOOR-One more time you will guarantee the forty thousand to Baybridge? ATTORNEY LAPPER-Yes, it's not exactly forty it's forty and change. COUNCILMAN BOOR-Okay, but it's at least forty. COUNCILMAN BREWER-Now to go with that does an agreement have to be in this Map, Plan, and Report? ATTORNEY LAPPER -We already have an agreement with Baybridge and we can amend it. As part of that agreement the Valente's ..... easements to the construction of the line along Walker Line they wanted to go there so Rich agreed to do a directional booring, which is more expensive to cover the difference for Baybridge. We are already dealing with an agreement with Baybridge a cost which Rich is willing to bare he is willing to put that in now and...... COUNCILMAN BREWER-Does that have to be part of this? ATTORNEY HAFNER-No, it's their private deal. We are going to have an agreement with them I'll recommend if you do consider the resolution that we make a few changes tonight. COUNCILMAN STEC-What are those changes? ATTORNEY HAFNER - I don't know our interest in going forward tonight or you are just going to close the public hearing. COUNCILMAN BREWER-I like to see the agreement before we vote on it it's a matter of a week, two weeks. Then they can have their agreement with Baybridge they'll be happy. COUNCILMAN BOOR-I don't understand. ATTORNEY LAPPER-Why can't you make a it contingent upon the agreement... ATTORNEY HAFNER-That is what my language was going to be to make it even clearer. COUNCILMAN STEC-I like to hear your language. SUPERVISOR BROWER-We'll do that after. Anymore questions from Mr. Stec? COUNCILMAN STEC-No. SUPERVISOR BROWER-Mr. Brewer anymore questions? COUNCILMAN BREWER-Not yet. SUPERVISOR BROWER-Do you have further comment for the record? ATTORNEY LAPPER-No, thank you. SUPERVISOR BROWER-Thank you. I'd like to make the offer to Mr. Van Dusen and Mr. Shaw if they care to make a further comment they are welcomed to it is certainly not necessary, okay thank you. In that case, I will close the pubic hearing at this time excuse me there is one additional person that would like to be heard I would be glad to do that, Mr. Valente. DAN VALENTE, QUEENSBURY-Dan Valente, retired, aggravated, and sick of this Town with everything that is going on here. Number one for the record Mr. Brower the lowest point of the Bay Road is not Mr. Schermerhorn's property it's on the Bay Road on the comer of his land and just for the record that's not the lowest point. If you look at the old Map, Plan, and Report that they've done over the past fifteen years that shows that, that's number one. Number two when the Attorney comes here and reads a letter that was sent to my son's house he didn't read the response to you that he got and all the other correspondence that went along with those letters that we tried to get the meeting set up. The meetings were never set the meeting that was set by Dennis Phillips in regards to this meeting that didn't transpire with Mr. Lapper, I don't know if he was going, but I know Richie was suppose to be there and the engineer. We got a call at forty thirty or fax saying that Baybridge signed onto the development so thee is no need for us to meet. The reason they didn't get the easement that they were looking for on Walker Lane is not that we were trying to prevent them there was an alternate way to avoid three pump stations from this sewer district which this Town including Mr. Van Dusen whom I've known for many years and Mr. Shaw will not address these systems have to be pumped when they could be gravity feed. The technically is there the reports are there from years before and we checked the gravity line this time and they can still be done nobody wants to hear that, that's fine we go with the cheapest you get what you pay for. I want it on the record that were not trying to prevent the developer we were trying to build a better system the way our reputation has been in this entire Town over thirty years. If the Town wants to go on the cheap that's your prerogative, but it was the Town's responsibility fifteen years ago to put this sewer up the Bay Road and this would have never happened today Mr. Schermerhorn would ave been able to develop his property and we would have been able to develop our property if the Town has done their responsibility to the taxpayers. When you are sitting there with seven million dollars or more and you can't spend four or five hundred thousand on the Bay Road to sewer the properties that should be skewered. I can go on and on here I don't want to go on, but I just want to put it on the record that if you want a chronological order we have it typed up we'd be happy to give it to the Town Board mail it to you or whatever the entire transaction that happened and all the letters that go with it so it's not just one sided. I just want it on the record especially if the newspaper is here that were trying to stop somebody from doing something we're not we're trying to get the best plan for the community and we expect the Town to do it we don't expect a private developer. We don't expect him not to get his building permit he has the right to develop it the Planning Board gave him the approval which they never should have given him without the sewer in there. I've been saying that for fifteen years even my own development shouldn't have been approved if the Town would have the guts to put the sewer in like they said they were going to do, do you want to respond? SUPERVISOR BROWER-I just like to ask you a question. Are you aware of the fact that you are able to join this sewer system? MR. VALENTE-Yes, we are we understand that I know what the buy-in is my son knows what the buy-in is, but that's not the issue. I don't want to buy into something or he doesn't want to buy into something that isn't to benefit the whole community as a whole. It's not what's just good for Valente or just good for Schermerhorn it's what's good for Baybridge too. If they could gravity feed that entire system and retire a pump station how many years of maintenance and how many years even his apartments the design shows it can be gravity feed and retire all those pump stations nobody wants to listen. I know this is a done deal I told you this weeks ago went to a couple of the other meetings it's a done deal I understand that. I want it on the record that it's not that were trying to stop anybody we want the best plan for the community if the Town doesn't see it that way this is why we have America do you know what I'm saying. If we end up pumping and if Baybridge ends up pumping, Richie ends up pumping so be t this is a democracy I want to set the record straight as far as I go. SUPERVISOR BROWER-I appreciate that, thank you sir. Since Mr. Valente spoke would anyone else care to speak at this time? Hearing none I will close the public hearing. PUBLIC HEARING CLOSED 8:25 P.M. SUPERVISOR BROWER-I thank you all for your contribution to tonight's public hearing. I'll turn to the board for some direction. ATTORNEY HAFNER-I was going to suggest two changes to the resolution. The first is to address the agreement. We have a provision in your resolution on the bottom of Page 4, goes on the top of Page 5 that deals with the agreement. What I think would be helpful to make it clearer is that until the agreement that we have been talking about is finalized and signed that no work begin. I'm going to propose some language to be added to the end of that resolved. SUPERVISOR BROWER-No work on the sewer district. ATTORNEY HAFNER-No construction. And, that such agreement must be signed prior to beginning of construction of the sewer. COUNCILMAN BREWER-Just back up one step. If you say no work begins on the sewer and he starts his building one doesn't work without the other does it? ATTORNEY HAFNER-He already started his building. ATTORNEY LAPPER-Rich doesn't have to do a sewer district extension for the whole area he could be a contract user put a line down of his own just for him. The only reason he got involved in this is because the Wastewater Department said look there is a bigger picture here bigger purpose and we got Baybridge so Rich was just wondering by his building his development he would design a smaller system pay for the whole thing and connect to the district just as a contractor he always had that option and that's why the Planning Board said go ahead and build the building. COUNCILMAN BOOR-That kind of gets lost I think some people out here don't understand what were getting here. He could be doing this without including a lot of people it's a rare situation where somebody goes above and beyond serving themselves and goes to the greater good of the community. I hate to see it viewed, excuse me you can come back that's fine, but you know it's just not fair to keep bashing this guy. MR. VALENTE-I'm not bashing him. COUNCILMAN BOOR-Well you haven't done any better and we have to move. We've got people in a bad situation he can do it without you that's where were at. SUPERVISOR BROWER-Bob proceed with your comment. ATTORNEY HAFNER-My second point was sometimes when we do these we have the agreement before you base the resolution on what you have and sometimes we deal with that like we are now. We have a prior start of a sewer district that was done in I think two thousand I had envisioned at the same time we approve the agreement that we would rescind your resolution starting the formation of the district the old Baybridge one the one that never met the conditions that were in the resolution. SUPERVISOR BROWER-Its terminated? ATTORNEY HAFNER-The contract terminated. I think we should add some language that would terminate that resolution, rescind it I think it is just a matter of housekeeping. I was going to do it later but I think with some of the things that we have done we should do it right now so I'm going to add a few whereas and then a resolve. Whereas, the Town Board has previously passes a Resolution approving an extension to the Central Queensbury Quaker Road Sewer District subject to certain conditions and, Whereas, those conditions have not been satisfied, and, Whereas the Town Board has a new Map, Plan and Report which proposes an alternative district for this general area, and Whereas, after due deliberation and evaluation, the Town Board wishes to rescind the previous Resolution approving the Extension NO.7 to the Central Queensbury Quaker Road Sewer District, Now, therefore, Be It Resolved, that the previous Resolution approving Extension NO.7 to the Central Queensbury Quaker Road Sewer District is hereby rescided. Then you go with the resolves that we have here that would rescind the old sewer agreement make sense? SUPERVISOR BROWER-Yes. ATTORNEY HAFNER-Instead of waiting until we have the agreement. SUPERVISOR BROWER-I thought you had additional language? ATTORNEY HAFNER-That was all I had that was two things. SUPERVISOR BROWER-So you are complete? ATTORNEY HAFNER-Yes. EXECUTIVE DIRECTOR, MR. ROUND-We have the short EAF form. SUPERVISOR BROWER-Do you want to lead us through that? Town Board to come back to this later in the meeting Executive Director, Mr. Round to make copies for the board. CORRESPONDENCE Monthly Report - Landfill August 2002 Traffic Safety Unit Study - Speed Trailer Summary Report Cusack & Company - Independent Auditor's Report COUNCILMAN STEC-Questioned where the traffic study took place? DEPUTY CLERK O'BRIEN-At West Mountain intersection of Luzerne Road. COUNCILMAN STEC-Asked Supervisor Brower for the results of the other traffic study. SUPERVISOR BROWER-Noted he would ask for it. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE OPEN FORUM JOHN SALVADOR-Spoke to the board regarding the Resolution concerning Crandall Public Library questioned if there would be a public hearing on the budget? SUPERVISOR BROWER-Yes. MR. SALVADOR-Spoke to the board regarding the Crandall Public Library Financial Statement year 2001. Spoke to the board regarding the Faith Bible Church acquisition of land by the Beaverkill Conservancy. Noted the Planning Board minutes of the meeting clearly states, the surveyor states it, the Highway Department states it that presently it is not a road by use. SUPERVISOR BROWER-Noted it is Mr. Salvador's opinion. MR. SALVADOR-It's a fact. COUNCILMAN BOOR-Asked for the date of the Planning Board Meeting. MR. SALVADOR-November 29,2000. Read portion of decision from a case that was tried in Washington County. Asked the Town if they expect to pay for this land or do they expect the Beaverkill Conservancy to gift it to you noting they paid two hundred and fifty thousand dollars for that acquisition, questioned what the intent is? In addition they are going to encumber the land for passive recreation.... COUNCILMAN BREWER-Noted it is similar to what they did at Hudson Pointe is what they are going to do. MR. SALVADOR-Spoke to the board regarding the conveyance of the previous owners of the land into the Faith Bible Baptist Church noting it was by a Warranty Deed. The conveyance from the Faith Bible Baptist Church came to the Beaverkill Conservancy is by Bargain and Sale Deed. Asked the board to get to the bottom of these questions before the Town takes title to the land. COUNCILMAN BREWER-Noted this is what the Open Space Institute does they manage land they preserve it. PLINEY TUCKER, DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the discussion at a Workshop with West Glens Falls Emergency Squad. Asked who owns the buildings that these corporations occupy? COUNCILMAN STEC- The companies do. MR. TUCKER-Questioned what would happen if tomorrow the West Glens Falls Emergency Squad if everybody in it just walked away? What would happen to all the property and the equipment? COMPTROLLER, MR. HESS-It is encumbered to the bank beyond that the Town has certain rights by contract.. . MR. TUCKER-Questioned how can they sell the building? COUNCILMAN BREWER-It's frustration. MR. TUCKER-Questioned if the Town is going to purchase some land heard the word west, west who? SUPERVISOR BROWER-West Glens Falls Fire Company. COUNCILMAN STEC-Rescue is going to buy. MR. TUCKER-Noted this is hard for him to understand. SUPERVISOR BROWER-Some land was donated to the fire company it was a gift to them they are selling the gifted land that they received to the EMS Squad. KATHLEEN SALVADOR-Spoke to the board regarding the Resolution concerning Crandall Library, questioned if the board knew what their budget was at this point? SUPERVISOR BROWER-Yes. MRS. SALVADOR-Questioned when the public hearing would be held? SUPERVISOR BROWER-Noted it hasn't been scheduled yet probably will set the public hearing at the next Regular Meeting. MRS. SALVADOR-Noted the public hearing should be sixty days prior to Election Day. ATTORNEY HAFNER-The Statute that sets up the district sets up a time period it isn't more than sixty days its less than that. MRS. SALVADOR-Noted the enabling legislation does speak to the time period noting she has been pursuing this since March. Noted she doesn't think they should have the proposition put on should not do the resolution this evening until you do have a public hearing. DOUGH IRISH-Noted placing the proposition on the ballot before the public hearing is held to get any input from the public about the proposition puzzled him. SUPERVISOR BROWER-Just received the budget last week. ATTORNEY HAFNER-Noted it is State Law they set the rules the Town complies. SUPERVISOR BROWER-Views the public hearing in the case of the library budget as being an opportunity for the public to express their pleasure or displeasure about anything regarding that budget in hopes of influencing other voters to either support or deny the budget. MR. IRISH-The opportunity for the public hearing is before it goes to referendum so basically what you are saying is that you are going to vote on this budget without comment. SUPERVISOR BROWER-Either the process has to evolve so it's much earlier than what it is now noting he understands what Mr. Irish is saying. MR. IRISH-Noted they should be able to voice their opinion on this before it gets on the ballot noting he doesn't think it is right that the board votes on this tonight without the public hearing. MR. VALENTE-Asked if the original Baybridge contract is terminated? ATTORNEY HAFNER-The contract is terminated by its term. COUNCILMAN STEC-Just wants to rescind the resolution. ATTORNEY HAFNER-That started the process of the forming the district. MR. VALENTE-About two months ago he polled the board on the original resolution on Baybridge there was never a resolution brought before them to vote on. Noted in their correspondence with Schermerhorn the first response was when they got the first letter they were under the impression that the original sewer design was still on going. Asked when he reads the agreement it says the agreement has to be mutual agreed upon to be extended for one year. ATTORNEY HAFNER-That didn't happen that's why it terminated. MR. VALENTE-It wasn't mutually agreed upon there was no letter to that effect or any resolution to that effect. The reason it is important if nobody is made aware of it and they are under the impression that the agreement is still in place than that was the initial position until I got a letter from Mr. Shaw. ATTORNEY HAFNER-Noted he thinks that's about the time that he wrote to Martin Auffredou to confirm the boards and our understanding. MR. VALENTE-Noted he is trying to understand the process when you have an agreement how does it terminate does it just expire? COUNCILMAN BOOR-It's probably in the agreement if nothing happens over a certain period of time that was considered the termination of the agreement. MR. VALENTE-In the agreement it says it can be extended if it's mutually agreed upon. If the Town had it in their mind that they weren't going to extend it wouldn't you think within a week or two a letter should have been sent to the President of the Baybridge Homeowners Association? COUNCILMAN BOOR-As a courtesy it definitely should have. ATTORNEY HAFNER-The resolution is not terminating the contract it's rescinding a resolution. MR. VALENTE-The first one? ATTORNEY HAFNER-Yes. SUPERVISOR BROWER-Noted it was very clear that Baybridge Homeowners Association was not in a position to construct this sewer facility as was originally intended. The time had gone so far and realized that there were many difficulties that they saw with this potential solution to sewering Bay Road. Mr. Schermerhorn came in with a plan it looked quite frankly very viable very doable he was motivated to get it done and get it done right. He was willing to build it to Town's specifications utilizing Town recommended pump stations, recommended piping, follow Town guidelines the way we like to see sewer systems constructed we felt he could do the job. MR. VALENTE-Noted he is not disputing that. Noted he was just bringing up the time line and the big gap of four or five months before the Association actually really knew that their agreement had not been extended. SUPERVISOR BROWER-That may be true, but we never stopped working on it solving the Baybridge solution. MR. V ALENTE-Baybridge and the builders are two separate entities. Noted they wanted to be more involved in the design process and weren't given the opportunity. DONNA F ARARR, PRESIDENT BOAD OF TRUSTEES CRANDALL PUBLIC LIBRARY, CHRISTINE MC DONALD, DIRECTOR, MARION MYER, DIRECTOR OF SOUTHERN ADIRONDACK LIBRARY - Spoke to the board regarding the budget process of the library. Noted the reason the board just received their proposed 2003 budget is that the Library Trustees are the ones who set the budget not the Town Board. It is brought to the Town we ask that you put it on the ballot so the input the people are looking for and the review of the information that goes into the budget process needs to be made at the Board of Trustees level. Introduced the Queensbury Trustees Charles Little, Paul Buckman, Karen Howard, Bob Mc Nally noting these are the people that you need to talk to ask questions of noting the budget and board meetings are published in the newspaper. CHRISTINE MC DONALD-Spoke to the board noting that they do have public hearings according to the legislation. COUNCILMAN STEC-Questioned what is the purpose of the public hearing if its already on the ballot twenty to thirty before the vote? That public hearing happens after we put it on the ballot because that public hearing doesn't have anything to do with putting it on the ballot. ATTORNEY HAFNER-Exactly. Noted he can't tell the board why the State passed the law that that they did. MS. FARRAR-Noted it may go back to the Town's original desire back when we designed the legislation to have our budget voted on at the general election noting that not all libraries do this some have special elections. MARION MEYERS-Noted since 1958 Crandall has been the central library for the Southern Adirondack Library System, which has provided the residents of four counties an additional benefit. It has also provided residents of your Town a very large additional credit, which is the additional money from the State that...collection and services that the Crandall Library provides so well to residents. When you add up the number of years that Crandall has received this aid that benefit is a very large sum of money residents of the whole area should be very appreciative of that additional money that comes from the State. MS. FARRAR -Noted that forty five percent of the district registered borrowers live in Queensbury noting this makes Queensbury the major stakeholder in the library services. Noted to answer Mr. Salvador's comments regarding fifty one percent of budget is for salaries that's because we are service organization. Total budget is flat a slight increase from 2002 asking the taxpayers for a moderate increase which translate to 1.66 cents per thousand dollars of assessment for the Town of Queensbury for the average household assessment for Queensbury it means $2.33 more per year that we're asking taxpayers to fund noting this is because other revenue sources have decreased from last year. COUNCILMAN BOOR-Asked if their investments are conservative and who controls which they are allowed to invest in? MS. F ARRAR- They are conservative look at the long picture noting this is a quasi endowment type fund that they get the income off of. COUNCILMAN BOOR-Are any mutual funds? MS. FARRAR-Some of them sixty percent of it fixed income funds. MS. MC DONALD-Noted the library raises half of their budget. MARILYN VAN DYKE, TOWN HISTORIAN-Noted she is probably one of the most frequent users of the library. Thinks if we look at what we do in our community to support the cultural activities of the community that apiece of what Town government also does. Thinks we all should look very hard at the support that is given to the public library if we didn't have the library if there was no place to go to get information except on the internet where would we be? OPEN FORUM CLOSED 9: 15 P.M. CONTINUATION OF PROPOSED EXTENSION NO.7 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER SOUTHERN BAY ROAD CORRIDOR SHORT ENVIRONMENTAL ASSESSMENT FORM A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 6l7.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in Cl-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION APPROVING EXTENSION NO.7 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT - SOUTHERN BAY ROAD CORRIDOR RESOLUTION NO. 349,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to include the southern Bay Road Corridor to be known as Central Queensbury Quaker Road Sewer District Extension No.7, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., an engineer, licensed by the State of New York regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve the southern Bay Road Corridor, such area including the Baybrook Professional Park on the east side of Bay Road consisting of 12 approved office lots and 3 approved residential/professional building lots, the Baybridge Townhouse development currently comprised of 14 attached Townhouses containing 64 dwelling units and 22 detached single family structures making a total community of 86 active housing units, the 48 unit Baybrook Apartment complex on the north side of Walker Lane, one individual residence presently utilizing on-site septic and two commercial facilities presently connected to the existing sewer system as contract users, the Glens Falls Ballet Center on Bay Road and the Bay Meadows Golf Course on Cronin Road, such parcels bearing Tax Map No. 's: 296.58-1- 49, 296.11-1-28, 296.5-1-27, 296.15-1-19 and 296.16-1-2, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted as the Map, Plan and Report and has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, on August 19th, 2002 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 Sewer District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, the Public Hearing Order stated that the Town Board would require the Developer to sign an Agreement with the Town prior to the Public Hearing, and WHEREAS, such an Agreement is not required by law, and WHEREAS, the Town Board removed such precondition that an Agreement be signed prior to the Public Hearing, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on September 9th, 2002 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article l2A, and consolidate the Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law ~206A, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board previously adopted a Resolution approving an extension to the Central Queensbury Quaker Road Sewer District subject to certain conditions, and WHEREAS, those conditions have not been satisfied, and WHEREAS, the Town Board has a new Map, Plan and Report which proposes an alternative district for this general area, and WHEREAS, after due deliberation and evaluation, the Town Board wishes to rescind the previous Resolution approving Extension NO.7 to the Central Queensbury Quaker Road Sewer District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds the previous Resolution approving Extension NO.7 to the Central Queensbury Quaker Road Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the District Extension are benefited; 3. All property and property owners benefited are included within the limits of the District Extension; 4. It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension NO.7 to the existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 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 approves, authorizes and establishes the Central Queensbury Quaker Road Sewer District Extension No.: 7 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 subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. Permissive referendum in the manner provided in New York State Town Law Article 7; and 4. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes an Agreement in form acceptable to the Town's Wastewater Director and Town Counsel between Schermerhorn Construction L.L. C. and the Town of Queensbury on behalf of the Central Queensbury Quaker Road Sewer District and such Agreement must be signed prior to beginning of construction of the sewer infrastructure and the Town Board further authorizes and directs the Town Supervisor or Wastewater Director to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and l2A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Turner DISCUSSION HELD BEFORE VOTE COUNCILMAN BREWER-This moves this project forward until we have an agreement? COUNCILMAN STEC-It's contingent on having an agreement that's what Bob's language adds. COUNCILMAN BREWER-Are we going to see this agreement? Are we going to have time to comment or look at it before it's agreed to? Whose going to agree to it is what my question is? ATTORNEY HAFNER-What the resolution says is in a form acceptable to Ralph and Town Counsel. COUNCILMAN BREWER-That's fine. SUPERVISOR BROWER-Would like the board members to have a copy of the agreement. Noted he views this as very beneficial to the Bay Road corridor particularly Baybrige residents. Baybrook Apartments residents will be benefited certainly the Daycare Center that currently exists now will have normal disposal capacity with sewer system it's been a long time in coming. Thanked Ralph Van Dusen and Staff for the many hours Henry Hess for his evaluation from a financial perspective also thanked developer for his input. (Vote taken) COUNCILMAN STEC-Noted he was disappointed that not everyone is going to be satisfied with what we're doing it's been too long without sewer on Bay Road and we need to move forward noting he has the utmost respect for both parties but is looking at it from the greatest good for the greatest number in the public's perspective noting he would vote yes. RESOLUTIONS RESOLUTION AUTHORIZING PLACEMENT OF PROPOSITION ON BALLOT REGARDING CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 350, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls in Warren County, the Town of Moreau in Saratoga County and the Town of Queensbury in Warren County, and WHEREAS, this legislation provides and the Board of Trustees of Crandall Public Library has authorized that the proposition relating to the Crandall Public Library District be placed on the ballot at the General Election to be held on November 5th, 2002, and WHEREAS, the proposition to be determined is as follows: 1. Whether the annual budget for 2003 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; and WHEREAS, the Crandall Public Library Board of Trustees has requested that the Town of Queensbury adopt a Resolution authorizing placement of this proposition on the ballot of the November 5th, 2002 General Election for the voters' approval or disapproval, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following proposition pertaining to the Crandall Public Library District and requests that it be placed on the ballot in all Town of Queensbury voting locations on the General Election Day, Tuesday, November 5th, 2002: [1] BUDGET The proposed 2003 budget of the Crandall Public Library District is $2,082,133 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $622,749. Shall the proposed budget be approved? and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to transmit a certified copy of the text of the proposition to the Board of Elections or other appropriate officials. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, NOES None ABSENT: Mr. Turner RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.4 TO QUEENSBURY TECHNICAL PARK SEWER DISTRICT RESOLUTION NO. 351,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District to be known as the Queensbury Technical Park Sewer District Extension No. 4, and WHEREAS, a Map, Plan and Report has been prepared by Nace Engineering, P.c., engineers licensed by the State of New York regarding the proposed extension to the existing Queensbury Technical Park Sewer District to permanently serve a one-acre parcel ofland located on the north side ofDix Avenue, Queensbury identified as tax map parcel no.: 303.15-1-6 and as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, on July 15th, 2002, 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 Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District; (h) that all the expenses of the district, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on August 5th, 2002 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board considered the establishment of the Extension in accordance with the provisions of the State Environmental Quality Review Act and adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board also adopted a Resolution approving the extension of the District subject to a permissive referendum, and WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with Subdivision 4, Town ~209-e establishes that no petition was filed requesting a referendum, and WHEREAS, State Comptroller approval is not necessary, and WHEREAS, the Town Board wishes to establish the proposed Sewer Extension as detailed in the Map, Plan and Report in accordance with Town Law Article l2A, consolidate the Extension with the Queensbury Technical Park Sewer District in accordance with Town Law ~206-a and adopt a Final Order extending the Queensbury Technical Park Sewer District, NOW, THEREFORE, IT IS ORDERED, the Queensbury Town Board hereby determines that: 1. The Notice of Public Hearing was published and posted as required by law. 2. It is in the public interest to establish, authorize, and approve Queensbury Technical Park Sewer District Extension NO.4 to the Queensbury Technical Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk and as more specifically described in this Final Order; 3. All property and property owners within the extension are benefited; 4. All property and property owners benefited are included within the limits of the extension; 5. In accordance with New York State Town Law ~206-a, it is in the public interest to assess all expenses of the District, including all its extensions, 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 are assessed against the entire extended District; and IT IS FURTHER, ORDERED, that: 1. The Queensbury Town Board hereby authorizes, approves and establishes Queensbury Technical Park Sewer District Extension NO.4 to the Queensbury Technical Park Sewer District in accordance with the boundaries and descriptions set forth in this Final Order and in the Map, Plan and Report. 2. The single parcel of land in this proposed Sewer District Extension has on it an existing building which had previously been a furniture store and now is planned for office space. The building is presently served by an on-site septic system. It is proposed to connect the existing building sewer to the existing municipal sewer located on the south side of Dix Avenue by means of a new 6" diameter PVC sewer lateral. Plans and details for this new connection are shown on the Plan of Proposed Connection of the Map, Plan and Report. Flows from this proposed Extension will be transported by existing sewers in the Technical Park Sewer District and will be discharged to the City of Glens Falls sewer collection system for treatment at the City of Glens Falls Sewage Treatment Facility. 3. The maximum amount proposed to be expended to form the District Extension is approximately $9,700 which would be borne by the sole property owner. This estimate includes the capital cost of construction as well as the one-time buy-in fee for capacity at the Glens Falls Sewage Treatment Facility in the amount of $600. There is no hook-up fee charged by the Town of Queensbury. The current operation and maintenance use fee in the district is $3.00 per 1,000 gallons of metered water usage. The property within the Extension will be taxed and/or assessed user fees for the operation and maintenance charges required for the entire district. All user fees and taxes will be based upon the same formulas as are presently used in the Queensbury Technical Park Sewer District. 4. The capital cost of the project will be totally financed and paid for by the property owner and therefore, there will be no financing cost of tax increase in the existing Technical Park Sewer District. The operation and maintenance cost for the single property in Extension NO.4 is estimated to be $351 per year based upon an estimated water use of 450 gallons per work day. There are no residential properties in Extension No.4, just the single commercial property. Therefore, typical costs for residential properties of varying assessments are not required. 5. In accordance with Town Law ~206-a, all future expenses of the Queensbury Technical Park Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 6. Expenses incurred after the extension is created shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Queensbury Technical Park Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 7. The Map, Plan and Report describing the improvements, area involved, detailed explanation of how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed, is on file with the Queensbury Town Clerk and is available for public inspection; and BE IT FURTHER, ORDERED, that the Town Board authorizes and directs the Town Clerk to record a certified copy of this Resolution and Order in the Warren County Clerk's Office and send a certified copy of this Resolution to the State Department of Audit & Control at Albany, New York, the Town of Queensbury Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the date of adoption of this Order. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING ENGAGEMENT OF JIM GIRARD LANDSCAPE MAINTENANCE CORPORATION FOR MOWING WORK AT TOWN LANDFILL ON RIDGE ROAD FOR YEARS 2003-2005 RESOLUTION NO.: 352, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Solid Waste Facilities Operator has advised the Town Board that it is necessary to arrange for mowing of the approximately 36-40 acres of grass at the Town Landfill on Ridge Road for the years 2003 through 2005, and WHEREAS, the Solid Waste Facilities Operator has received a proposal for the mowing work from Jim Girard Landscape Maintenance Corporation (Girard) and has recommended that the Town Board authorize Girard to perform the mowing work for an amount not to exceed $2,037.68 for the year 2003, not to exceed $2,078.43 for the year 2004 and not to exceed $2,120 for the year 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Jim Girard Landscape Maintenance Corporation for the mowing work at the Town Landfill on Ridge Road for an amount not to exceed $2,037.68 for the year 2003, not to exceed $2,078.43 for the year 2004 and not to exceed $2,120 for the year 2005 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Solid Waste Facilities Operator to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2003 RESOLUTION NO. 353, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to adopt the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2003 as presented at this meeting, and WHEREAS, the Town Board must conduct a public hearing prior to its adoption, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on September 23rd, 2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2003, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the official newspaper for the Town not less than ten (10) days prior to the hearing date and also mail a copy of the Notice to all property owners within the Benefit Assessment District. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Turner RESOLUTION APPROVING GRANT AWARD IN CONNECTION WITH THE TOWN OF QUEENSBURY'S WARD 4 REHABILITATION PROGRAM IN CONNECTION WITH THE NEW YORK STATE ADMINISTERED SMALL CITIES PROGRAM RESOLUTION NO.: 354,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 004308, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to eight (8) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is nineteen thousand five hundred twenty dollars ($19,520), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 004308 in the Town of Queensbury, New York in the amount not to exceed twenty thousand dollars and no cents ($20,000) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT Mr. Turner RESOLUTION AUTHORIZING ENGAGEMENT OF EDWARD V. CURTIN, CONSULTING ARCHAEOLOGIST TO PREPARE PHASE 2 ARCHAEOLOGICAL SURVEY OF PROPOSED CREATION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 355, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 301.2002, the Queensbury Town Board authorized engagement of Edward V. Curtin, Consulting Archaeologist, to perform a Phase l/Phase IE Archaeological Survey of the proposed creation of the Route 9 Sewer District, and WHEREAS, the Town's Deputy Wastewater Director has advised that a Phase 2 Archaeological Survey is necessary and has therefore obtained a Phase 2 archaeological survey proposal from Edward V. Curtin, which Survey will satisfy government requirements and will be guided by the standards of the New York Archaeological Council and accepted by the New York State Office of Parks, Recreation and Historic Preservation, and WHEREAS, the Wastewater Deputy Director has recommended that the Town Board engage the services ofMr. Curtin for an amount not to exceed $4,520 as delineated in Mr. Curtin's proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Edward V. Curtin, Consulting Archaeologist, to prepare a Phase 2 Archaeological Survey of the proposed creation of the Route 9 Sewer District in accordance with the proposal presented at this meeting, for an amount not to exceed $4,520 to be paid for from the appropriate General Fund Account, such amount to be refunded in full to the General Fund by future Sewer District users upon creation of the Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Deputy Wastewater Director, Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING CHAPMAN HISTORICAL MUSEUM TO USE TOWN PROPERTY LOCATED AT THE FORMER BAY RIDGE FIREHOUSE LOCATED ON SUNNYSIDE ROAD RESOLUTION NO.: 356, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Chapman Historical Museum has requested permission from the Town of Queensbury to use Town property located at the former Bay Ridge Firehouse on Sunnyside Road in Queensbury as well as the field located behind it, for parking purposes on October 12th, 2002 for the conducting of the Queensbury Rural Heritage Days at the Mohican Grange, Oneida Comers, Sunnyside and Ridge Roads, Queensbury, and WHEREAS, the Chapman will provide a Certificate of Liability Insurance naming the Town as an additional insured party for the event, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Chapman Historical Museum to use Town property located at the former Bay Ridge Firehouse on Sunnyside Road, Queensbury, as well as the field located behind it, for parking purposes on October 12th, 2002 for the conducting of the Queensbury Rural Heritage Days at the Mohican Grange, provided that the Chapman first provide the Town of Queensbury Comptroller with an acceptable Certificate of Liability Insurance, and BE IT FURTHER, RESOLVED, that the Town Board further directs that the Chapman Historical Museum shall have the responsibility to clean and/or repair the site to the satisfaction of the Town' Facilities Manager after the event. Duly adopted this 9th day of September, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING ACCEPTANCE OF THE FRIENDS (QUAKER) CEMETERY LOCATED AT CRONIN AND RIDGE ROADS FROM ADIRONDACK FRIENDS MEETING OF THE RELIGIOUS SOCIETY OF FRIENDS RESOLUTION NO.: 357, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Adirondack Friends Meeting of the Religious Society has generously offered to donate to the Town of Queensbury the Friends (Quaker) Cemetery located at Cronin and Ridge Roads designated as Tax Map No.: 297.14-1-10, and WHEREAS, the Town Cemetery Superintendent has evaluated such offer and recommends that the Town accept the parcel ofland, and WHEREAS, the Town Board agrees that acquisition of the cemetery will benefit Town residents and therefore the Board wishes to authorize acceptance of the parcel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and accepts the transfer of the Friends (Quaker) Cemetery designated as Tax Map No.: 297.14-1-10 located at Cronin and Ridge Roads as more particularly described in a metes and bounds description prepared by VanDusen & Steves for the Town, from the Adirondack Friends Meeting of the Religious Society to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor's Office to send a copy of this Resolution to the Adirondack Friends Meeting of the Religious Society of Friends with its thanks for the Adirondack Friends Meeting of the Religious Society of Friends' generosity in donating the cemetery to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to prepare and the Town Supervisor to execute any and all documents necessary to complete this transaction including a Deed, Real Property Transfer Report and Capital Gains Affidavit in form acceptable to Town Counsel and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT:Mr.Turner RESOLUTION AUTHORIZING TOWN COMPTROLLER TO ATTEND ASSOCIATION OF GOVERNMENT ACCOUNTANTS' GOVERNMENT LEADERSHIP CONFERENCE RESOLUTION NO.: 358, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Comptroller has requested Town Board authorization to attend the 2002 Association of Government Accountants' Government Leadership Conference, and WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Town Comptroller Department's budget, and WHEREAS, in accordance with Town Policy the Queensbury Town Board must authorize out-of- state travel by Town employees, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Comptroller to attend the 2002 Association of Government Accountants' Government Leadership Conference in Richmond, Virginia from September 23rd through September 25th, 2002, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges and that all expenses shall be paid for from the appropriate Town Account. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT GREAT ESCAPE THEME PARK ON OCTOBER 5TH, 2002 RESOLUTION NO.: 359, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Alonzo Fireworks Display, Inc., on behalf of the Twin Rivers Council/Boy Scouts Association has requested permission to conduct a fireworks display as follows: SPONSOR: Twin Rivers Council/Boy Scouts Association PLACE: Great Escape Theme Park DATE: Saturday, October 5th, 2002 TIME: 9: 15 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law (405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of the Twin Rivers Council/Boy Scouts Association subject to the following conditions: 1. An application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Company, Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed 0 in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec NOES None ABSENT: Mr. Turner RESOLUTION APPROVING YEAR 2001 SERVICE AWARD PROGRAM RECORDS FOR QUEENSBURY CENTRAL VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 360,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2001 Standard Year End Administration Services for the Town's Volunteer Fire Companies Service A ward Program, and WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Fire Company's Year 2001 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the Queensbury Central Volunteer Fire Company, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2001 Volunteer Fire Company Service Award Program Records for the Queensbury Central Volunteer Fire Company, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Turner RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 361, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 2002 Town Budget as follows: WATER: FROM: TO: $ AMOUNT: 47-8320-4400 Contr. ) 47-8310-4130 (Counsel Fees) 73. (Misc. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROVIDE ADDITIONAL ENGINEERING SERVICES RELATED TO PLACEMENT OF UNDERGROUND UTILITIES IN CONNECTION WITH MAIN STREET INFRASTRUCTURE AND REDEVELOPMENT PLAN RESOLUTION NO.: 362, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 251.2001, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.c. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan, and WHEREAS, by Resolution No.: 154,2002, the Town Board authorized engagement of Barton for additional engineering services in connection with the proposed Main Street Infrastructure and Redevelopment Plan in order to extend the sanitary sewer system outside the Project's boundaries, and WHEREAS, the Town's Executive Director of Community Development has advised that Barton has completed the scope of work previously authorized by the Town Board and additional engineering services and technical support are necessary in order to pursue the Town's goal of placing all of the Project's utilities underground, and WHEREAS, Barton has offered to provide the requested additional engineering services for an amount not to exceed $5,000 as delineated in a copy of Barton's September 4th, 2002 proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.c. for the provision of the additional engineering services referenced in the preambles of this Resolution and as delineated in Barton & Loguidice, P.c.'s September 4th, 2002 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an appropriation of $5,000 for these engineering services and directs that payment for these engineering services shall be from the Exit 18 Corridor Enhancement Capital Project, Capital Construction Account No.: 126-5020-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to execute any documentation and take such other and further action necessary to effectuate all terms of this Resolution. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Turner RESOLUTION AMENDING RESOLUTION NO.: 232,2002 REGARDING HIRING OF SEAN GORTHEY AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO.: 363, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 232,2002 the Queensbury Town Board authorized the hiring of Sean Gorthey as a temporary Laborer to work for the summer for the Town Water Department commencing May 22nd, 2002 through August 30th, 2002, and WHEREAS, the Water Superintendent has advised the Town Board that it is necessary that Mr. Gorthey continue working as a temporary Laborer for the Water Department on weekends or as necessary through the end of the Shore Colony Water season or through October 31 st, 2002, and WHEREAS, the Town Board wishes to amend Resolution No.: 232,2002 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 232,2002 such that Sean Gorthey shall be authorized to work as a Temporary Laborer for the Town's Water Department through October 31st, 2002, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 232,2002 in all other respects. Duly adopted this 9th day of September, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec NOES None ABSENT: Mr. Turner TOWN BOARD DISCUSSION COUNCILMAN BREWER-Spoke to the board regarding the Town Report noting he thought it was put out to bid? SUPERVISOR BROWER-Noted the report is underway it has been proofed and is moving forward. COUNCILMAN BREWER-Noted he never received one he didn't know about this. COUNCILMAN STEC-Hasn't seen a copy of the proof. COUNCILMAN BREWER-Questioned who made this decision? COUNCILMAN STEC-Why didn't it have to go out to bid again? SUPERVISOR BROWER-To have an answer at the next meeting. COUNCILMAN BREWER-Noted fundamentally this is wrong in his mind the board agreed to do something and somebody separated it noting he thinks they ought to make it right. SUPERVISOR BROWER-Noted that he would like to discuss this at the next Town Board Workshop. EXECUTIVE DIRECTOR, MR. ROUND-Spoke to the board noting that Councilman Boor, Comptroller Hess, and Town Counsel met to discuss the Lake George Outlet lighting noting there are several options they are exploring noting they have a price to meet again and hope to bring it back to the board at Workshop. ATTORNEY MATTERS NONE RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 364, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel and land acquisition. Duly adopted this 9th day September, 2002, by the following vote: Ayes: Mr. Brower, Mr. Boor, Mr. Turner, Stec, Mr. Brewer Noes: None Absent:Mr. Turner (No action taken during Executive Session) RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 365, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 9th day of September, 2002, by the following vote: Ayes: Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None Absent:Mr. Turner RESOLUTION APPOINTING BRUCE FRANK AS CODE COMPLIANCE OFFICER ON PERMANENT BASIS RESOLUTION NO. 366, 2002 INTRODUCED BY: Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Roger Boor WHEREAS, by Resolution No.: 257,2001 the Queensbury Town Board appointed Bruce Frank to the full-time position of Code Compliance Officer on a provisional basis until such time as Mr. Frank passed the Civil Service exam for the position and also subject to a six (6) month probation period, and WHEREAS, the Executive Director of Community Development has advised the Town Board that Mr. Frank placed first on the Warren County Civil Service exam, successfully completed the six (6) months probation period and therefore has recommended that the Town Board appoint Mr. Frank on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Bruce Frank to the position of Code Compliance Officer on a permanent basis, and BE IT FURTHER, RESOLVED, that Mr. Frank shall be paid an annual salary of $33,059, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of September, 2002 by the following vote: AYES Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Turner RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 367,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from its Regular Town Board Meeting. Duly adopted this 9th day of September, 2002, by the following vote: Ayes: Stec, Mr. Brewer, Mr. Brower, Mr. Boor Noes: None Absent:Mr. Turner On motion meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury