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1996-03-18 REGULAR TOWN BOARD MEETING MARCH 18, 1996 7:00 P.M. MTG #14 RES149-162 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN ATTORNEY MARK SCHACHNER TOWN OFFICIALS JIM MARTIN, EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT PAUL H. NAYLOR, HIGHWAY SUPERINTENDENT DAVE HATIN, DIRECTOR OF BUILDING & CODES PRESS: Glens Falls Post Star Supervisor Champagne called meeting to order ... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GOEDERT 1.0 PUBLIC HEARINGS PUBLIC HEARING - UNSAFE STRUCTURE, WALTER LAPOINT NOTICE SHOWN 7:00 P.M. SUPERVISOR CHAMPAGNE-Is Mr. LaPoint here this evening? Anyone here to represent Mr. LaPoint? Okay, David Hatin if you would give us your information. MR. DAVID HATIN-Ifthe board recall, on February 5th you voted to have a hearing tonight to on an unsafe structure located at Pasco and Sherman Avenue. Basically the letter that dated COUNCILMAN GOEDERT -Excuse me Dave, can you pull the mic up, they can't hear you back there. MR. HA TIN-The letter dated January 16th, I gave a copy of it to the board and it basically states the condition of the premises at this time and we're asking the Town Board tonight to basically start the legal proceedings to notify the owner to either repair or demolish the structure and this will start a time clock. SUPERVISOR CHAMPAGNE-Okay, anyone here to respond to that? What the resolution calls for here basically is that the Town Board take necessary action to actually demolish and remove the structure located on the comer of Pasco and Luzeme. Is that correct? MR. HATIN-Sherman. SUPERVISOR CHAMPAGNE-Sherman, I'm sorry. Pasco and Sherman Avenue. Counsel, do you have anything more you would like to add to that? ATTORNEY SCHACHNER-Yes. Basically the proposed resolution would only be the first step if you will, in a legal proceeding. What it actually calls for is the serving of a notice upon the property owner and states that, that notice would indicate that the Town Board could take certain steps including the demolishing. In that regard I might suggest that paragraph number 4, the final substantive paragraph of the resolution about six lines down it states the Town Board shall take action to have the building on the property demolished. This would be in the context of the contents of the notice that's required to be served under our town code and I might suggest that, that word shall be changed to may just so that we keep our options open. We're not optimistic about the property owner responding properly during the notice period but you never know. SUPERVISOR CHAMPAGNE-Okay, you heard the change in the resolution. I also have a concern on page 2 item number 3 under the I believe it's the second resolve where it identifies to remove property building within thirty days. It would satisfy my feelings a little more if we were to extend that to sixty days. I think we need to have the health officer go visit that building for one thing and get whatever other input we might get before actually taking action. So my recommendation here would be to change that thirty days to sixty days unless counsel you have any objection to that? ATTORNEY SCHACHNER-No, that would be fine. SUPERVISOR CHAMPAGNE-Okay, with those two changes, do I hear a motion? COUNCILMAN GOEDERT-I'll move it. COUNCILMAN PULVER-I'll second it. SUPERVISOR CHAMPAGNE-Motion been made and seconded by Carol. Any further discussion? Please vote. RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY MR. WALTER LAPOINT IS UNSAFE - TAX MAP NO. 121-2-16.2 RESOLUTION NO. 149,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Mr. David Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property located at the comer of Pasco and Sherman Avenues, Town of Queensbury, and bearing tax map no. 121-2-16.2, and has made findings as more specifically set forth in a letter dated January 16, 1996, a copy of which is presented to this meeting, and WHEREAS, Mr. David A. Hatin has advised the Town Board of the Town of Queensbury that, in his opinion, the structure on the property presents a hazard and a nuisance to the neighborhood, is unsafe to the general public, and does not appear reparable, and has asked the Town Board of the Town of Queensbury to take action to have the property demolished and removed if the property owner fails to demolish and remove said structure, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury, the Town Board may, by resolution, determine whether, in its opinion, the structure is unsafe and dangerous and thereafter order demolition and/or removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structures thereon, bearing tax map number 121-2-16.2 appear to be: 1. Presently unsafe and dangerous; 2. Potentially an object of attraction and danger to minors; 3. Unfit for the purposes for which it may be lawfully used; and 4. Irreparable; and BE IT FURTHER, RESOLVED, that the Director of Building & Codes be and hereby is authorized to serve a Notice upon the owner(s) of said property, said Notice being in substantially the form presented at this meeting and generally providing: 1. A description of the premises; 2. A statement of particulars in which said structure thereon appears to be unsafe and dangerous, as set forth in Mr. Hatin's letter herein; 3. The Town Board is of the opinion, based on current information, that the structure on the premises generally described as a single family dwelling, must be demolished and removed within sixty (60) days of receipt of this Notice, unless good cause is shown on or before such date by the property owner or other interested persons whereupon the time shall be extended by the Town Board of the Town of Queensbury; 4. In the event that there is neglect or refusal to comply with the order of this Board to demolish and remove the structure located on said property (unless the time to do so is extended as provided for herein), the Town Board may take action to have the building on the property demolished and removed and to assess all expenses thereof against the real property on which it is located, and to institute special proceedings to collect the cost of said action, including legal expenses; and BE IT FURTHER, RESOLVED, that service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 18th day of March, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None PUBLIC HEARING CLOSED PUBLIC HEARING - BA YBRIDGE LIGHTING DISTRICT NOTICE SHOWN SUPERVISOR CHAMPAGNE-Anyone here to speak on behalf of that lighting? Give us your name please. MR. GORDON OSTRANDER-Gordon Ostrander, the managing agent at Baybridge and what this entails is the placement of five street lights in the Baybridge complex in the Baybridge Development. A petition has been circulated. We believe we've covered all the bases that were necessary. We needed sixty percent of the homeowners that were met, notarized signatures. COUNCILMAN TURNER-This is similar, not to interrupt Mr. Ostrander but this is a similar petition to the one that the board passed in January of 94 in respect to these lights and those lights at that time were wooden poles where they wanted the architectural. MR. OSTRANDER-Right and we understand that the homeowners is taxed for the difference between the standard pole and the standard light and what they are requesting. COUNCILMAN TURNER-That's correct. SUPERVISOR CHAMPAGNE-Okay, is there anyone else here either for or against lighting in Baybridge? And I understand that you have met all the necessary obligations and requirements according to our counsel to proceed with this. ATTORNEY SCHACHNER-Well, yes and no. I guess I'll say yes to the extent that convening the public hearing is certainly appropriate and hearing anybody that wishes to speak. This is proceeding is governed by a provision town law known as section 198 which does require a substantial of t crossing and i dotting in terms of making sure that the petition is legally sufficient. I've got some questions about the legal sufficiency of the petition. I would imagine it probably will be resolved favorably. Meaning I think that it is sufficient but there are some real property ownership interest things that I need to look into which I will do between now and the next board meeting. COUNCILMAN TURNER-Yes and Mr. Ostrander has indicated that he will provide us with the rules of the association for your review Mark. ATTORNEY SCHACHNER-That will be great, that will be very helpful. SUPERVISOR CHAMPAGNE-Very good. So, we want to hold this resolution then until such time that all information is in? COUNCILMAN MONAHAN-I've got a question on this resolution Mark. On page 3. COUNCILMAN TURNER-It should be lighting district, not sewer district. COUNCILMAN MONAHAN-Yes. I thought that was probably a typo but I wasn't sure. One, two, three, four, five sentences from the bottom where it says, in the sewer district. ATTORNEY SCHACHNER-Yes, it's actually not a typo, interestingly enough. All it is saying is that the way this improvement will be paid for is in the same manner as provided in section 202A of the town law for the assessment of the cost of maintenance in a sewer district. That's actually what the law about lighting district says, that the way that you're going to pay for it is the same way as in a sewer district. It's actually not a typographical mistake. COUNCILMAN TURNER-Alright. COUNCILMAN MONAHAN-Okay. SUPERVISOR CHAMP AGNE- Y ou didn't know whether you were going to have lighting or sewer up in there. Would you like to talk about sewer too tonight? MR. OSTRANDER-Just to add one thing, our counsel Tim Shuler worked with Mr. Dusek for the preparation of this petition. So, I hope and assume that everything is in order. SUPERVISOR CHAMPAGNE-I think it's just a roll over in our counsel area that we need to clarify. ATTORNEY SCHACHNER-Well I also can clarify that a little right now. Mr. Shuler worked with Mr. Dusek as I understood it from reviewing the files as to the form of the petition and I can tell you that the form of the petition is appropriate. MR. OSTRANDER-Okay. ATTORNEY SCHACHNER-It is sufficient. The question, there's a certain percentage of ownership that's required and as I understand their situation, they have some parcels of property that are owned by individuals but others that are owned by homeowners association and there's some interplay in there that we need to look into as I understand it. MR. OSTRANDER-I'm not aware of that. I don't know. ATTORNEY SCHACHNER-Well we have to review the document that you've offered to Mr. Turner. MR. OSTRANDER-Okay. SUPERVISOR CHAMPAGNE-Okay, so we're not planning to vote on this tonight then, we want to hold the resolution for two weeks. Yes sir, John come right up to the mic please. MR. JOHN WILLIAMS-My name is John Williams, I'm on the president of the association and I'm sitting in the back there, maybe I didn't hear just exactly what you said but I think I did. But anyway, did I understand that the board would vote on it next month, next meeting time? SUPERVISOR CHAMPAGNE-Two weeks. Counsel, is that correct? ATTORNEY SCHACHNER-You certainly could, sure. MR. WILLIAMS-My suggestion and I don't know if it's worthwhile or not, my suggestion is this. If, because of the fact that it takes a long time for the power company and all that sort of thing to get the thing done, would be possible for the board to vote tonight either one way or the other, that if they were okayed with the approval of the lawyer after he gets it, they vote it okay tonight. Do I make myself clear? SUPERVISOR CHAMPAGNE-I'll leave that up to Ted who has followed this. COUNCILMAN TURNER-We could do that. I don't see why we couldn't. COUNCILMAN MONAHAN-We should really ask counsel if that's a good thing. COUNCILMAN PUL VER-I do too. COUNCILMAN TURNER-He's going to review it anyway and if he says yes it's okay, it's all done. MR. WILLIAMS-Yea, that's my point. COUNCILMAN TURNER-If he says no, well then we're back to square one again. ATTORNEY SCHACHNER-You could do a conditional resolution if you preferred, that would be condition upon counsel's opinion that the petition is legally sufficient. You could do it that way if you preferred. MR. WILLIAMS-I think maybe we'd like it, we have a contingent here, I think they would like it if you took some action. COUNCILMAN TURNER-Well yea and you know, I would back John up on that one because you know, this has been around since last year and alot of these people go to Florida and they have the problems of getting these signatures and you know, they want to get the lights in. I understand their concern and I think we should condition it. SUPERVISOR CHAMPAGNE-So we're going to put it contingent on counsel's recommendation or approval or however you want to word it. Word it up there for us Mark please. ATTORNEY SCHACHNER-Well what I would say is... COUNCILMAN GOEDERT-Before you word it, I have a question. If there is a problem with their petition and they have the sixty percent and they were above the sixty percent that was required, does it, since you reviewed obviously the petition to know that there's a question with it, does it appear that they would have the sixty percent with the homeowners? ATTORNEY SCHACHNER-If! understood the question Connie, then the answer is that's exactly what I'm unable to determine with certainty from the petition. As I stated earlier, there was evidently dialogue between their counsel and former town attorney as to the form of the petition and I can tell you that in my opinion, the petition is in proper form. The percentage of ownership issue seems a bit unclear in terms of certain parts of the Baybridge Development. Some parts they seem to clearly have in access of the minimum required amount of ownership. Some parts appears not so certain that they do have that amount. It does not hinge, if this is what you're asking me directly, it does not hinge only on the homeowners association. There are other ownership issues that needs to be clarified. SUPERVISOR CHAMPAGNE-You know, in all honesty John, I have some reservations about putting anything on a contingency on these votes by the board to be very honest with you. I will assure you that in two weeks from tonight there will be a vote on this and in the mean time, by the time Mark gets it all together and we get to Niagara Mohawk, we can't do anything until that vote is taken anyway. I, unless Ted you've got some arguments. I just as soon wait for two more weeks which is really probably not the end of the world. I have a hunch, we're kind of anxious to get you lighting in Baybridge, we really are but we want to make sure that our i's and t's are taken care of before we proceed ahead. We can assure the folks that are here tonight that two weeks from tonight definitely it will be voted on. MR. WILLIAMS-Two weeks from tonight? SUPERVISOR CHAMPAGNE-If everything comes through clean and clear, we're all set. MR. WILLIAMS-Thank you. SUPERVISOR CHAMPAGNE-Okay? MR. WILLIAMS-Okay. SUPERVISOR CHAMPAGNE-Unless there's any other feelings on the part of the board that wants to be expressed? COUNCILMAN PULVER-No, I very much would like to wait until we're sure. SUPERVISOR CHAMPAGNE-Yea, we'd like to get that behind us as well as you folks. Thank you very much for the hard work and diligence and your patience. We'll close the public hearing. PUBLIC HEARING CLOSED 7:15 P.M. PUBLIC HEARING - BAY RIDGE FIRE CO., ACQUISITION OF EQUIPMENT NOTICE SHOWN SUPERVISOR CHAMPAGNE-We'll open the public hearing and ask who might want to speak tonight? MS. ALISON CRAMER-My name is Alison Cramer, I'm with Bartlett, Pontiff, Stewart and Rhodes and we represent the Bay Ridge Volunteer Fire Company. On January 26th the Town Board voted to hold a public hearing tonight for the purposes of approving the purchase by Bay Ridge for purchasing twenty-five new air packs and for approving the financing those air packs. I guess you know that Bay Ridge has entered into negotiations with a group in Texas called the Associates Commercial Corporation to enter into a lease purchase agreement for these air packs and if we hold the public hearing tonight and pass the resolutions we intend to or we hope to, the lease agreement will get tax exempt status which will avail the Bay Ridge Volunteer Fire Company of a much lower interest rate. The lease purchase agreement as they've worked out so far with the organization provides that there will be an initial, I should say a principal aggregate purchase price of $66,855.28 for the air packs which will be amortize over a period of 48 months at an interest rate of 6.14 percent interest which will total $72,944.24. COUNCILMAN MONAHAN-Excuse me, give me the interest again please? MS. CRAMER-The interest rate is at 6.14 percent interest annually and if we can get the approval tonight with, for the purchase and for the financing, we will meet all the requirements under the Internal Revenue code for the tax exempt status and the volunteer fire company will be able to purchase their equipment. SUPERVISOR CHAMPAGNE-Okay, anyone else care to either add or for or against? COUNCILMAN GOEDERT-Can you answer the questions I have about the air packs? MS. CRAMER-I can try. COUNCILMAN GOEDERT -Are they buying 2.2's or 4.5's? MS. CRAMER-That I can't answer, I'm sorry. SUPERVISOR CHAMPAGNE-Chip I saw. MR. GARY EVANS-Gary Evans, President of Bay Ridge and Chief Chip Mellon. We'll be getting twenty-one 2.2's and 4 of the 4.5's. The purchase of 4.5's is to be compatible with the City of Glens Falls and others who could possibly be doing confined space rescue, it gives you longer duration or in instances with hazardous materials be beneficial. As far as the rest of the operating of that, I'll refer to the chief but as you remember, we did discuss this in negotiations. The interest rate was attractive and there was some extra paperwork and we had a little expense but it's alot better then we could do with any of the local facilities. COUNCILMAN GOEDERT-What tanks are you going with, Chip? MR. CHIP MELLON-The 4.5 will be kevlar wrapped and the 2.2 will be fiberglass wrapped bottles although they're all light weight bottles. COUNCILMAN GOEDERT-And what is the difference in the life expectancies of the bottles compared to the standard bottle? MR. MELLON-Fifteen years for the fiberglass wrapped bottles which are considerably lighter and then depending what style bottle, you can get a combination aluminum with a fiberglass hoop-wrapped that's also fifteen years. If you get, it's all aluminum, ... depending on the hydro testings but they are the heaviest bottles. COUNCILMAN GOEDERT-Are you um, does this include the halter and the mask and...? MR. MELLON-Yes, the purchase price includes the whole, the entire harness assembly mask and this time they have an incentive where we get additional masks for every purchase. It includes all the air bottles so it includes everything. COUNCILMAN GOEDERT -And can you explain to me why you went with a company from Texas and not state contract? MR. MELLON-That wasn't our doing, that was up to BLAN - the people that we bought the air packs from. MR. EVANS-The purchase is New York State Contract with Scott Aviation, Scott air packs. The financing was selected by BLAN Municipal Financing Associates out of Texas. COUNCILMAN GOEDERT-And are they going to, what are you going to do with your old tanks? MR. MELLON-We will be advertising them for sale. COUNCILMAN GOEDERT -And how many old tanks do you have, twenty-five also? MR. MELLON-About fifty. It was a minimum of fifty, the NFPA standard requires that you have at least one additional bottle for every pack. I don't have the entire figure but I know there's over fifty bottles. COUNCILMAN GOEDERT-Good. Thank you. COUNCILMAN MONAHAN-Chip, I just have a question for my own education. An air pack, is that issued to individual fire fighters so each person has their own air pack and they're never interchanged or what? MR. MELLON-No, all fire fighters, interior fire fighters are trained to operate the breathing apparatus but they are stored on the apparatus themselves. They are not issued per say to each individual member, they are stored on the apparatus so when they arrive, fire fighters get the apparatus ... COUNCILMAN MONAHAN-So health standards and etcetera, they can be interchanged from one person to another? MR. MELLON-Yes but one incentive at this point that was attractive due to the fact that they issued additional masks we will be able to issue each fire fighter their individual mask. COUNCILMAN MONAHAN-Thank you. COUNCILMAN GOEDERT-Just out of curiosity, you'll do the fit test for the mask so each person will have an assigned mask anyway won't they? MR. MELLON -Yes. The fit testing has already been done. COUNCILMAN GOEDERT-Yea, good. SUPERVISOR CHAMPAGNE-Okay, any other comments, concerns? Are we ready to vote. COUNCILMAN MONAHAN-I'll introduce the resolution approving the fire company equipment purchase. COUNCILMAN TURNER-I'll second it. SUPERVISOR CHAMP AGNE- The motion has been made and seconded? Any other discussion? Let's vote on that one first then. RESOLUTION APPROVING FIRE COMPANY EQUIPMENT PURCHASE RESOLUTION NO. 150, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., have entered into an agreement for fire protection services dated December 29, 1995, and such agreement is still in full force and effect, and WHEREAS, said agreement sets forth a number of terms and conditions, including a provision that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements thereon, that would require the Fire Company to acquire a loan or mortgage, without prior approval of the Town Board of the Town of Queensbury, and WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., has indicated its desire to purchase twenty-five (25) new Scott Aviation Air Packs for the sum of $66,855.28, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the purchase of the twenty-five (25) new Scott Aviation Air Packs for the sum of $66,855.28 by the Bay Ridge Volunteer Fire Company, Inc., provided, however, that the Town Board of the Town of Queensbury shall not and does not, by this Resolution, create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing referred to herein or the selection or operation of such equipment. Duly adopted this 18th day of March, 1996, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING THE INCURRING OF FINANCIAL OBLIGATIONS ON THE PART OF THE BAY RIDGE VOLUNTEER FIRE COMPANY, INC., RESOLUTION NO. 151,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury presently has a contract with the Bay Ridge Volunteer Fire Company, Inc., wherein the said Fire Company has agreed to provide fire protection services for a certain area of the fire protection district located within the Town of Queensbury, and WHEREAS, the Bay Ridge Volunteer Fire Company, Inc. desires to purchase twenty-five (25) new Scott Aviation Air Packs in accordance with tax-exempt financing provided under ~147(f) of the Internal Revenue Code of 1986, and WHEREAS, the Bay Ridge Volunteer Fire Company, Inc. has negotiated with Associates Commercial Corporation to enter into a lease purchase agreement qualifying as tax-exempt bonding under ~147(f) of the Internal Revenue Code of 1986 as amended, and WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., pursuantto ~147(f) of the Internal Revenue Code of 1986, as amended, has requested that the Town Board of the Town of Queensbury hold a public hearing pursuant to said statute to authorize the approval of said financing and authorize the Supervisor of the Town of Queensbury to execute an approval of said financing to comply with the statutory requirements, and WHEREAS, on March 18, 1996, the Town Board of the Town of Queensbury held a public hearing for the aforedescribed purpose and provided an opportunity for interested persons to be heard regarding the financing proposal, and WHEREAS, the Town of Queensbury desires to facilitate said financing on behalf of the Fire Company, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the incurring on the part of the Bay Ridge Volunteer Fire Company, Inc. of financial obligations in the maximum, aggregate principal amount of $66,855.28 for the purchase of twenty-five (25) new Scott Aviation Air Packs in accordance with tax-exempt financing provided pursuant to ~147(f) of the Internal Revenue Code of 1986, as amended, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall not and does not, by this resolution, create or intend to create, any assumption on the part of the Town of Queensbury, of any obligation or liability for the financing referred to herein. Duly adopted this 18th day of March, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner Mr. Champagne NOES : None ABSENT: None PUBLIC HEARING CLOSED PUBLIC HEARING - MODIFICATION TO AGREEMENT WITH WEST GLENS FALLS VOL. FIRE CO. NOTICE SHOWN 7:25 P.M. SUPERVISOR CHAMP AGNE- The next public hearing we'll open is to modify the financial agreement between the West Glens Falls Fire Company and the town. Who would like to start off on that? MR. MIKE PALMER-My name is Mike Palmer representing West Glens Falls Fire Company. MR. JOHN SKELLIE-John Skellie, President of West Glens Falls Fire Department. MR. PALMER-The purpose of us being here tonight is, a resolution was adopted by the town to hold a public hearing tonight in an effort to reopen the contract between the town and the West Glens Falls Fire Company to restore funds from a supplemental or surplus account, whatever the title is and restore it to our budget to allow us to continue with the plans presented to the Town Board on the modernization of our station, the one on Luzeme Road. SUPERVISOR CHAMPAGNE-Okay, anyone else here wishing to add to that? We're asking here really for a, the original, I'm looking here to try to, yea the original amount was for $151,450. At that time when we negotiated the contract we agreed, the town agreed to put as a side amount here, $81,000. if in fact the new building project came to pass and that's where we are tonight. Connie, is there anything more that you want to add to that from you? COUNCILMAN GOEDERT-All I see out here is pretty much firemen but I'd like you to present a drawing of that map but I would also like to ask, just confirm with you that this figure is not going to increase the budget because this is what was agreed, this is just a technicality that we have due to the fact that we were not privy to all of the information at the time of negotiations. MR. PALMER -Yes, we stated in the past Connie, the figures that we're working to pursue the interest and the term of the contract based on the projected cost of the project, we are not coming back later this year or later next year asking for an addition to the $81,000. to fund the project. Anything above that would have to be the fire company's responsibility. At this time we're asking for $81,000. restored to the contract to allow us to continue with the project. COUNCILMAN PULVER-But you have to come back Mike, right, when you're ready to finance the building and that's when we're going to see the plans, that's when the public will see the plans for the building and everything? MR. PALMER-Right, we can show you preliminary plans that we've already shown if anyone here needs to see those, Richard Jones is here with us tonight but we will bring back the contractors bids, the selected contractors we'd like to use and also the financial arrangements that we have. We'll have to contact you to do that, to set the public hearing for that. SUPERVISOR CHAMPAGNE-I'm getting some nods from the audience there that they would like to see them. So if we could take just a few minutes, Dick, ten or twelve or so, just to kind of give us a briefing, something for the record. COUNCILMAN GOEDERT-Mike, and just for a little background, this $81,000., your mortgage payment will be more then $81,000. a year. MR. PALMER - We're projecting that in the best scenario our mortgage payment will be about $88,000. a year and we plan on subsidizing the difference from our own fund raisers. Our intent when we started out with the project is to have the minimal impact or no impact on the tax base as possible. The current plan as it's laid out, based on the contract numbers will have no impact on the tax base. MR. RICHARD JONES-My name is Richard Jones, I'm the architect working with the West Glens Falls Fire Company and we've been working with the fire company for approximately nine months now and we finally we feel come up with a plan for the addition renovation to the existing building which meets all of their program needs plus is a reasonable cost for the district. The existing building, just to give everybody an orientation on what we have right here, the existing building sits in this general shape, this dotted line to what would be my left is the existing end towards Veterans Road. This at the present time houses several vehicle storage bays. What we're looking at doing with the existing building it has several inherent problems with it, one of which is the problem of vehicles having to back out into the basic side street on Luzeme Road and creating problems with traffic. So what we're attempting to do is take the existing portion of the building, renovate that into spaces that will be utilized for training, conference, office, that type of thing, general storage spaces for the fire company. The existing portion that presently exists on the comer of Luzeme and Veterans would be removed entirely. What we're attempting to do is move all of the vehicle bays down to what would be the east side of the existing structure, this is actually an addition to the building that would house all of the vehicle and apparatus storage bays for the facility. This would allow us several things. One, we would now have drive through access for those bays plus we're approximately sixty to seventy feet off of Veterans Road which now gives us a reasonable approach when we drive out of the building and either turn to the right or the left. We're trying to get away from that hazardous condition of vehicles having to back out into the road and pullout into the road in a dense traffic area. This enables us to do this plus also enables us to phase the project which is extremely important for the fire company. As I indicated at the present time all of the vehicle storage bays are in the upper, my upper left hand comer of the drawing here. The first portion of the building that would be completed would be the new apparatus bays structure plus the connection portion which would house the fire fighter's turn out area, storage, toilets, showers, that type of support space. Once this area is completed, that would then allow us to commence with the renovations. We can tear down the comer portion, start with the renovations of the existing vehicle bays and turn those into conference space, storage, training room, meeting room areas. We need a new mechanical space in the building to support the heating and ventilating for the building. So those types of things would be the second phase of the project. The remaining or last phase would incorporate the reconstruction of the existing main meeting room which is presently used for bingo and training and we would be renovating the existing toilet core providing ADA accessibility for the building as well as the toilets themselves and basically upgrading mechanical, electrical in this general area. So it's a three phase project. What we're looking to do is be able to start construction probably mid summer 1996 and be complete at approximately this time next year. The building itself, I'll show you some elevations that we have. Basically what you're looking at right here, this is the existing west elevation of the present building and what we're looking to do is tear down the portion that's on the comer as I indicated. We're going to provide some new covered entries into the various main entrances that are going to be established for the new building and the renovation areas, providing gabled roofs on those. We're looking to basically unite the addition with the existing portion by utilizing the same color brick. We're looking to tie the two buildings together using some mason rebands, some exposed small metal roofs on some of the peak areas. This would actually be the new apparatus bay area which would be attached to the east side of the present building and these would actually be drive through bays. They would be full depth bays which would allow us to have the ability to stack two vehicles, one behind the other plus have enough room in there to do any work that might be needed on those plus get access around the vehicles. But this is, this is a conceptual scheme at this point as far as what we're proposing and what we hope is going to happen with the building itself. One thing that I may add too is, right at the present time the existing building with the paving runs right to the Luzeme side of the, the Luzeme Road side of the building. One of the things that we will be doing, we will be removing that pavement and basically softening the edge to the road with green space and plantings and a sidewalk for pedestrian access into the building. We definitely want to be able to do that plus also do landscaping on the comer to soften that as well to provide a buffer back to the street area along Veterans Road and Luzeme Road. I'd be happy to answer any questions that anyone may have. Yes? MR. CHARLES DEMARS-What's going to happen to the existing parking? MR. JONES-On the... DEPUTY TOWN CLERK BARBER-Can you come up to the microphone? COUNCILMAN TURNER-Mr. Demars, could you come to the microphone? MR. DEMARS-My name is Mr. Demars and I live in the west end. What's going to happen to the existing parking and will there be more parking area allocated? MR. JONES-What we're trying to do with the parking on this end of the building which I assume in the direction that you live, we're looking to basically provide a single access for or vehicle access into the parking area which is currently used for the bingo plus any large meetings that happen in this end of the building. We're trying to define that into a single entrance exit and also define a single entrance for the fire fighting equipment to come in around the end. The basic parking area that's there right now is pretty indiscriminate the way it's marked out and that type of thing. What we're going to be doing is marking it out, providing some planting islands, those types of things to basically break it up and provide something that is reasonable for parking, plowing by the fire company for the snow removal, that type of thing but provide a defined area for the parking. Right now it's kind of a hodge podge of parking in that general area. MR. DEMARS-What's the capacity of the building? MR. JONES-The capacity of the building, this at the present time is about three hundred and twenty-five. MR. DEMARS-Will that be adequate? MR. JONES-Yes it will. In redefining this parking area, we're looking at also providing fire company parking down here on the, what would be the east side of the apparatus bays. So we're looking to get the fire company parking out of that area and we feel that there will be sufficient parking there for what we're looking at for the meeting hall. MR. DEMARS-Where will the entrance and exit be to the parking lot? MR. JONES-The entrance and exit will be tight to the building as you can see. This is a very small site plan but it's right here, probably thirty feet of the comer of the building. So it's... MR. DEMARS-Where are you coming off of, Veterans or are you coming off... MR. JONES-The access into this parking is off of Luzeme. MR. DEMARS-You're only going to have one exit and one entrance? MR. JONES-Yes. MR. DEMARS-Three hundred and some car capacity? MR. JONES-Yes, that's correct. MR. DEMARS-And that's the most feasible thing for us to do? MR. JONES-I think it is, yes because right now there's people coming and going across the whole width. MR. DEMARS-Okay, so what you're talking is you'll have a double lane which is probably twenty feet, twenty-four foot wide entrance way to that parking lot? MR. JONES-Yes. MR. DEMARS-So I'm thinking of people leaving as well as coming in at the same time. It gets pretty congested and hectic over there. As far as money for this venture, I think really in retrospect and if you look at the North Queensbury area which I look at their fire house and I really envy that fire house, are we putting as much money into this fire house as we would to the north? Are you familiar with that particular fire house? MR. JONES-Yes I am, I'm the architectural firm that designed that fire house. MR. DEMARS-Fine. Then you can also tell me the total value of the house, the fire house itself? MR. JONES-Which one? MR. DEMARS-The North Queensbury. MR. JONES-North Queensbury, we had budgeted about a million four to build that and it was constructed for about a million two. MR. DEMARS-Are we going to have that much in this building? MR. JONES-We have allocated about a million one fifty, I think for the construction and reconstruction on this. MR. DEMARS-For equal balance I think within the town in all due respect to the West Glens Falls area which has been shunned alot in the last few years, I think we should enter this thing as we should have equal if not just as good as the rest of the surrounding fire houses. That would be my suggestion. I think we have a market of people that deserve that. I think that we have a tax base that generates enough tax to support it. Thank you. MR. JONES-Thank you. SUPERVISOR CHAMPAGNE-Thank you. Any other comments from the public? MR. ROBERT NELSON-This is not going to increase taxes at all? COUNCILMAN PULVER-No. COUNCILMAN GOEDERT-No it is not. MR. NELSON-So every year they're going to get a budget of $225,000. or whatever it is. COUNCILMAN PULVER-They were getting a budget of what, $230,000. Yes, $230,000 was their budget. That has been their budget. MR. NELSON-So their mortgage for the next twenty-nine years is automatically coming out of that budget? COUNCILMAN PULVER-Is included in that budget, yes. They, most of the fire companies, they pay down their debt service and then they, maybe they would purchase something else or whatever. West Glens Falls they bought a truck and paid, they didn't have a truck fund. Like we don't have a truck fund now because they're using their money for the building fund but they don't feel that they need any new equipment because they've just purchased some new equipment. MR. NELSON-I was going to say they've got all new trucks. COUNCILMAN GOEDERT-Now they have a mortgage payment. COUNCILMAN PULVER-Yes, now they have a mortgage instead. SUPERVISOR CHAMP AGNE- If you compare, in fact we just did get our MMA report back by the way for those of you that I'm sure will be looking anxiously at reading that. It is in the office, it did arrive about two o'clock this afternoon. The Town Board got theirs, we're shipping them out hopefully. MS. KIMHEUNEMANN, SUPERVISOR'S CONFIDENTIAL SECRETARY-They're gone. SUPERVISOR CHAMPAGNE-They're gone, they're in the mail now as a matter off act but one of the interesting facts that I just happened to kind of glean over this afternoon was that if you look at the capital indebtedness of all the companies out there, you will find that West Glens Falls is by far considerably less then any other company in terms of capital indebtedness. And if you look at the operation side, you look at the indebtedness side, operations run in most of the companies about a third, two thirds is indebtedness, capital. In West Glens Falls it's about a fifty- fifty split. So I think that the entitlement is there and certainly I'm here to support it, given the fact that the cost to rehab that building to bring it up to meet OSHA's standards and other state mandates and requirements, it just wouldn't balance to throw good dollars on top of bad that's already there. So I admire you folks for the time and the effort that you've put into it and certainly in terms of equity, Mr. Demars you're going to like that building. You're going to like that building. Okay, any other comments? MR. NELSON-I don't deny these gentlemen getting a new building. SUPERVISOR CHAMPAGNE-I'm sorry, give us your name for the record. MR. NELSON-Robert Nelson, I also live in West Glens Falls. I don't deny these gentlemen getting their building and I think West Glens Falls has been shun but I'm just wondering are we putting too much of a worry about safety in the fire because Luzeme Road and Corinth Road have been notable for the last five years that I've lived there for motor vehicle accidents. There is no sidewalks to walk up and down Luzeme Road. The ones on Corinth Road are also pretty shabby. I mean are we going to get some money for like this kind of stuff or are we just going to give money for fires? I know that's another issue all together but I mean the motor vehicle accidents on that comer of Luzeme and Veterans and Richardson have been since I've lived there since 1991, I must say at least twenty-five or more in just that one area. Now, I know there's a light there so if they're going to move the fire department off the Veterans side and Luzeme side a little bit more, how much more money would that allocate to put in a regular light to slow traffic down. You've already got the wiring and the lights there, so why can't we go with the full lighting which are your yellow, red and green there to slow traffic down and maybe possibly get some sidewalks up and down there so people can walk up and down Luzeme Road. SUPERVISOR CHAMPAGNE-That's a good point. MR. NELSON-I know a lady was just killed on that road not too long ago. There was a gentleman that rides a handicapped bicycle or whatever up that road was hit with a car and there's no way for, there is no type of sidewalk. SUPERVISOR CHAMPAGNE-You're talking Corinth Road now? MR. NELSON-No. COUNCILMAN GOEDERT-Luzeme Road. SUPERVISOR CHAMPAGNE-Still Luzeme Road, okay. MR. NELSON-I walk up and down there with my children in a stroller and you're like tipped going down the road because of the way the road is designed. From the white line over there's like two foot, just barely enough room for a stroller. I mean I want these guys to get their building but I want to make sure that we're going to get some public safety as well as fire safety too. SUPERVISOR CHAMPAGNE-Good point. Okay, anyone else? MR. NELSON-Can I get the whistle to stop too? SUPERVISOR CHAMPAGNE-No we don't have whistles here. MR. NELSON-No, the fire department's whistle. COUNCILMAN GOEDERT-That's their call. SUPERVISOR CHAMPAGNE-Anyone else care to speak? Okay, anymore comments from the board? COUNCILMAN PULVER-I'll introduce it if you want to do that? SUPERVISOR CHAMPAGNE-I'm ready. COUNCILMAN PULVER-I'll introduce. SUPERVISOR CHAMPAGNE-Motion been made. COUNCILMAN GOEDERT-I'll second. SUPERVISOR CHAMPAGNE-And Connie seconds it. Do I hear any further discussion? Ifnone, let's vote. RESOLUTION TO APPROVE MODIFICATION TO AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO. 152, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, an agreement dated December 29, 1995 has been entered into between the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc., for fire protection services to be rendered for the year 1996, and WHEREAS, by said agreement, the West Glens Falls Volunteer Fire Company, Inc., agreed to accept the sum of $151,450., for the year 1996, and WHEREAS, the West Glens Falls Volunteer Fire Company, Inc., is proposing to build a new firehouse, and therefore, is proposing to amend their 1996 Fire Company Agreement to increase their dollar figure from the Town by $81,000., for a new total for 1996 to be $232,450., and WHEREAS, a public hearing after due notice thereof, has been held before the Town Board of the Town of Queensbury on March 18, 1996, concerning the adoption of the proposed modification of the agreement currently in existence between the parties, and WHEREAS, said proposed modification to the agreement and payment required by said modification is not expected to exceed $232,450., in total, and WHEREAS, ~184 of the Town Law of the State of New York provides that the contracting parties, by mutual consent, after public hearing, may amend an agreement provided it is in the public interest to do so, and WHEREAS, the Town Board of the Town of Queensbury feels that the public health, safety, and welfare of the residents of the Town of Queensbury will be served by amending the 1996 agreement referenced herein, NOW, THEREFORE, BE IT RESOLVED, that it is in the public interest to modify the existing agreement between the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc., to increase the dollar figure in the agreement by $81,000., for a new total for 1996 to be $232,450., and the Town Board of the Town of Queensbury hereby modifies the same accordingly, and BE IT FURTHER, RESOLVED, that the Supervisor of the Town of Queensbury, on behalf of the Town Board of the Town of Queensbury, is hereby authorized and directed to execute any agreement that may be necessary to effectuate said modification, in a form to be approved by Town Counsel. Duly adopted this 18th day of March, 1996, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None PUBLIC HEARING CLOSED 7:45 P.M. 2.0 CORRESPONDENCE Petition requesting an "Open Container Law" to be enacted as soon as possible (on file in the clerk's office) Supervisor Champagne noted that the town does already have a law on the books that does state no open containers and would contact the sheriffs department. 3.0 RESOLUTIONS RESOLUTION OF SORROW RESOLUTION NO. 153, 96 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, members of the Queensbury Town Board were deeply saddened upon learning of the death offormer Beautification Committee Member, Margaret 'Maggie' Seney, on Sunday, February 18, 1996, and WHEREAS, Margaret Seney has been a long time resident of the Town of Queensbury, and WHEREAS, Margaret Seney has been on the Beautification Committee for over 25 years, and WHEREAS, Margaret Seney was the secretary to the Friends of Hovey Pond, and WHEREAS, Margaret Seney has devoted countless hours to the beautification standards and appearance of the Town, RESOLVED, that the Clerk of the Queensbury Town Board, be directed to furnish copies of this resolution to Arthur Seney beloved Husband, of Margaret Seney. GIVEN under my hand and the SEAL of the Town of Queensbury this 18th day of March in the year one thousand nine hundred and ninety-six. AYES: Entire Town Board NOES: None ABSENT: None RESOLUTION TO ACCEPT BID FOR PURCHASE OF BRASS SERVICE CONNECTION MATERIALS RESOLUTION NO. 154, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of brass service connection materials, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Thomas K. Flaherty, Town Water Superintendent, has made recommendations in connection with the bids, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the brass service connection materials, to RAMSCO, and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Water Department Account. Duly adopted this 18th day of March, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None (bids on file in the clerk's office) RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY OFFICE FOR AGING AND TOWN OF QUEENSBURY RESOLUTION NO. 155, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Warren County Office of the Aging has presented to the Town Board of the Town of Queensbury an Agreement which provides for, upon compliance with certain conditions set forth therein, the payment to the Town of Queensbury in the sum of $6,811. for the year 1996, for the conducting of a transportation for the elderly program, and WHEREAS, a copy of the aforesaid Agreement has been presented at this meeting, and WHEREAS, said Agreement has been reviewed, and is in the form approved by the Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the aforesaid Agreement on behalf of the Town Board, and take such other and further steps as may be necessary to effectuate the terms of the Agreement and obtain the funds provided for thereunder, and BE IT FURTHER, RESOLVED, that a copy of this Resolution and of the Agreement be filed with the Town Comptroller and Town Clerk. Duly adopted this 18th day of March, 1996, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO. 156, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1996 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1996 budget: ATTORNEY: FROM: TO: $ AMOUNT: 001-1990-4400 (Contingency) 001-1930-4400 (Judgment & Claims) $8,836. BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-4300-0024 (Utilities) 001-1620-4100-0024 (Telephone Use) 500. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 001-1990-4400 (Contingency) 104-104-201 (Glen Lake Capital Project) 2,500. and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 18th day of March, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING PAYROLL DEDUCTION FOR UNIFORMS FOR NON-UNION EMPLOYEES RESOLUTION NO. 157, 96 INTRODUCED BY: Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has been requested to implement a payroll deduction plan for the rental of uniforms for non-union employees, and WHEREAS, the Accounting Office has a payroll deduction plan for eligible union employees, and WHEREAS, the non-union employees who choose to participate in the plan will pay 100% of the cost for uniform rental, NOW, THEREFORE, BE IT RESOLVED, that the Town Comptroller's Office is hereby authorized to implement an optional payroll deduction plan for uniform rental for non-union employees and to deduct 100% of the cost for uniform rental from the pay for those non-union employees who choose to participate. Duly adopted this 18th day of March, 1996, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT None RESOLUTION TO APPOINT MEMBER TO RECREATION COMMISSION RESOLUTION NO. 158, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Recreation Commission, and WHEREAS, the term of John S. Carusone on said Commission expires at the end of March, 1996, and WHEREAS, the Town Board wishes to reappoint Mr. Carusone to another term as a member of the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints John S. Carusone to serve as a member of the Recreation Commission, said term to expire in December 2001. Duly adopted this 18th day of March, 1996, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT None RESOLUTION APPROVING WELL BABY CLINIC COST INCREASE RESOLUTION NO. 159,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Adirondack Pediatrics Group now services the Well Baby Clinic every third Friday of the Month at the Queensbury Activities Center, and WHEREAS, Adirondack Pediatrics has requested to raise the Town's payment for each two (2) hour clinic from $50 to $100 per clinic, beginning April 19, 1996, and WHEREAS, this increase is also recommended by Joan Grishkot, R.N., M.S., Director of Patient Services for Warren County, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves increasing the Well Baby Clinic payment to Adirondack Pediatrics Group from $50 to $100 per two (2) hour clinic. Duly adopted this 18th day of March, 1996, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT None RESOLUTION RETAINING SCHODERRIVERS ASSOCIATES FOR REVIEW OF EXISTING STRUCTURAL CONDITION - AMG BUILDING RESOLUTION NO. 160, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is investigating the possibility of purchasing the AMG Manufacturing Facility for use by the Town Highway Department, and WHEREAS, there is the potential for the Town to utilize the AMG Building to improve road maintenance and services to residents of the western portion of Town, and WHEREAS, the Town Board of the Town of Queensbury wishes to review a structural assessment of the building before further consideration of its purchase, and WHEREAS, the Town Board of the Town of Queensbury desires to retain the services of an engineering firm to provide professional assistance in evaluating the existing structural condition of the former AMG Manufacturing Facility on Luzeme Road in the Town of Queensbury, and WHEREAS, Schoder Rivers Associates, Civil & Structural Engineers, has offered to perform the said engineering services, including structural inspection and report, by letter proposal dated January 22, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of Schoder Rivers Associates to provide the services described above for a fee based on actual time expended as set forth in the letter proposal with a total cost not to exceed $2,000., without further Town Board authorization, to be paid for from Account No. 001-5132-4400 (Highway Garage Miscellaneous Contractual Account), and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to sign the letter proposal dated January 22, 1996, presented at this meeting, for the professional services referenced hereinabove. Duly adopted this 18th day of March, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES : None ABSENT: None ABSTAIN: Mrs. Monahan RESOLUTION AUTHORIZING RELEASE OF RETAINER BALANCE TO GF REFRIGERATION & HEATING WORKS RESOLUTION NO. 161, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, G. F. Refrigeration & Heating Works, Marvin S. Dobert, Sr., deposited the total sum of $22,900. with the Town of Queensbury to assure the faithful performance of the contract and payments of labor and material reasonably required to be used in completion of the agreement to furnish and install air conditioning systems in the Activities Center of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has been advised that the air conditioning project has been fully completed and is satisfactorily operating, and 90% of the $22,900., plus interest, was previously returned, leaving a balance of 10% ($2,290.), plus any accrued interest, and WHEREAS, the balance of funds in connection with the air conditioning contract is to be returned to GF Refrigeration & Heating Works six (6) months after the air conditioning systems have been fully and completely installed and made operational, and WHEREAS, it has been at least six (6) months since the air conditioners were installed and operational, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes to pay the balance of 10% of the retainage in the amount of $2,290, together with any accrued interest, to be returned to G.F. Refrigeration & Heating Works, Marvin S. Dobert, Sr. Duly adopted this 18th day of March, 1996, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT None Town Board held discussion regarding the resolution to set public hearing for change of zone petition for Alan Oppenheim, ACO Property Advisors, Inc./Hudson Pointe, Inc. and agreed to hold resolution for review by Attorney Schachner. 4.0 PLANNED DISCUSSION GLEN LAKE WATERSHED COMMITTEE REPORT - VIRGINIAETU Ms. Virginia Etu submitted and reviewed copies of the 1995 status report from the Glen Lake Watershed Committee. Noted three components of the plan... 1, the comparing of water sampling that's been ongoing for a number of years... 2, steps toward building the watershed model including the coordination of efforts with Adirondack Community College faculty and students... 3, septic education. Mr. Bill Morton from Department of Environmental Conservation spoke to the board regarding the planning process involved and the different people contributing to the Glen Lake Watershed plan. Noted that once the model is completed and running it will be turned over to Jim Martin and the planning department to be used as a tool for future studies. Introduced Dr. Roger Eagan whose students were involved in preparing and administering the watershed survey and Dr. Don Minkle whose students generated the information for running the model. They both spoke to the board giving some background information and their involvement in the project. Mr. Dave Wick, District Manager for Warren County Soil and Water Conservation District spoke to the board regarding a grant program for septic education conducted over the last two years. Noted, the program consisted of three parts ... one, a mailing to each individual resident on Glen Lake which was an excellent publication providing them with information on their septic system and steps they can take to protect the lake ... two, a slide presentation for anyone who was interested and three, individual site visits for anybody that was interested in having myself come out and do a non-regulatory inspection of the property. These visits consisted of me going to individual residences to look at what they had for a septic system, when it was installed, what their maintenance program was and give a recommendation on what they can do to improve their system. Mr. Dan Kane from the Warren County Planning Department noted-We will be blending the things you see in the report, the draft goals, the data that's been collected so far with the model that's going to be prepared and we will come up with a watershed management plan. A typical table of contents for a watershed management plan is included in your draft report in the end. The watershed management plan is going to provide a tool to all the boards that review projects for the town which we hope compliment those efforts. We really want to thank the Town Board and the Planning Department for their continued support and we look forward, over the next six to nine months to come back to you with a much more detailed presentation and probably a draft report. Ms. Etu recognized Lee York and Lindy Sicard, members of the committee who have been involved in the project. Noted out of the five thousand dollars of grant money that was received, sixteen hundred dollars of that money has been spent. With the amount of time that we've all spent volunteering and digging out those resources, I think we've been pretty frugal with the funds to date and I think we've got alot accomplished with just a little bit of money. Supervisor Champagne complimented and thanked the committee for their efforts. TOWN BOARD MATTERS 8:48 P.M. Councilman Goedert questioned a recent article in the newspaper that suggested that the town had intentions of paying to help repair monument that's owned by the City of Glens Falls. Supervisor Champagne noted that he disagreed with the headline of the article. I told Brennan that even though the city owns the monument that it's Champagne's opinion that he certainly would support some sharing of the cost of repair. Councilman Pulver agreed, the headline really did not reflect the content of the story. Councilman Goedert noted that she had some mail missing from her councilman's mailbox at the office complex and requested locked mailboxes for the board members. Town Board held discussion and agreed there needs to be more security. No attorney matters... OPEN FORUM 8:55 P.M. Mr. Robert Nelson, Richardson Street -Referred to the situation of Glens Falls dumping snow in the Town of Queensbury. Noted, I spoke to the supervisor and my councilperson last year about this situation and nothing was resolved. Questioned whether something can be done? Supervisor Champagne-I spoke with Mayor DeSantis who in turn spoke with Mr. Fadelle. Other options were looked into such as dumping in the river which is illegal. We looked into the possibility of dumping in the minds over at the cement company and that too was identified as being illegal through DEe. Mr. Nelson questioned whether Ciba Geigy was an appropriate site? Supervisor Champagne-That too was looked into and was not an option. Mr. Nelson-Private contractors hauling snow from the Glens Falls Hospital are also dumping snow in the town. It's very disruptive to people that live on the street with the backup beepers on the trucks and the slamming of the tailgates at all hours of the evening. Referred to the need for another highway building to house trucks and suggested the open field on the other side of the fire house. Supervisor Champagne-That property belongs to the fire company. Councilman Pulver-The town did write a letter and speak with Mayor DeSantis. Did you see any improvement this year over last year? Mr. Nelson-No, they still go all through the night and the biggest problem is the contractors for the hospital. Why don't they use the field at Murray Street or the parking alot across from Murray Street or LaRose Street, if they took down the fence, they would have a huge field to dump snow. Let the Glens Falls people deal with them. Supervisor Champagne-I will again make them aware of the situation. Councilman Monahan recommended writing a letter to the editor to make people aware of the situation. Mr. Pliney Tucker, Queensbury-Questioned the process involved if the town chooses to purchase the AMG building? Councilman Goedert-It would go to public referendum. Supervisor Champagne-Its permissive referendum, right? Councilman Pulver -Yes, I asked Mark that. Attorney Schachner -Yes and I'll have an answer this week. Mr. Tucker-Questioned the status of the landfill closure? Supervisor Champagne-It's closed and we're planning to mow the grass this summer. It looks really nice. We had a couple of washouts this spring that they're coming back in and that's under warrantee but other then that, it's looking great. Mr. Tucker-Questioned whether the town has received a final report? Supervisor Champagne-Where we are right now is waiting for DEC to sign off on the final completion and they have not done that. There's still some concerns on DEC's part and they're minor. With a little luck in a couple of months we ought to have a sign off, seal and complete. Mr. Tucker-Questioned whether a final report will then be put together giving the costs? Supervisor Champagne-Sure. Mr. Tucker-Questioned the status of the lights at the northway? Councilman Turner-They told me last fall that they're not putting up any lights until the spring. Mr. Tucker-It's spring tomorrow, will you check on it? Councilman Turner-Yes I will. Mr. Tucker-Questioned whether there is any truth to the tax breaks to the City of Glens Falls on the Coles Woods property? Supervisor Champagne-I certainly am investigating what we might possibly do to abate some of the, or at least relieve if you will some of the taxes against some of the city property. Mr. Tucker-If we give them a break on the taxes on their property, the rest of us taxpayers will have to make it up. Councilman Goedert-Yes, that's usually who does. Mr. Nelson-Questioned whether someone would check into the safety of Luzeme Road or considering doing some kind of a study? Supervisor Champagne-I've made a note here for the board to discuss this at the next workshop. Councilman Monahan-I think we can get something from the sheriffs department as far as how many accidents they've had there. Can we ask Jim to do that for us? Executive Director, Mr. Martin-I could. An accident data collection? Councilman Monahan-Yes. Executive Director, Mr. Martin-The particular intersection? Councilman Goedert-Luzeme, Richardson and Veterans. Mr. Nelson-Yes and also at the other end, at Corinth Road. Mr. Charles DeMars-Questioned what constitutes a public referendum? Attorney Schachner-Generally speaking New York State law is fairly specific in that most, the vast majority of issues regardless of whether people think this is good, bad or indifferent and whether we think it's appropriate in our democratic form of government, the vast majority of issues actually can not legally be brought to referendum. But there are certain specific actions taken by municipal governments that must be either subject to what's called a permissive referendum or actually subject, a very small number, subject to a mandatory referendum. Generally speaking a mandatory referendum means public vote, aye or nea, up or down on a particular project. Permissive referendum generally means that if certain criteria are fulfilled about a specific type of project generally involving a certain legally, properly drawn type of petition signed by an appropriate, as defined by law, a certain number of people that are affected by a project, then it can be subject to a referendum if a proper petition is filed on a timely basis. These are all things that are governed by very specific provisions of New York State Statute and Carol Pulver has asked me to look into whether the acquisition of the AMG building would be subject to referendum at all and if so, would it be permissive referendum or mandatory referendum. Mr. DeMars-Could you clarify whether it's going to be a permissive or mandatory? Supervisor Champagne-That's what we're researching now. Mr. DeMars-What's our recourse action as town's people? Councilman Goedert-When we come to conclusion on this AMG building, it will be done with the facts of all the pros and the cons to it and that will be brought out to the public. So if it does go to a vote, you'll have all the facts. Mr. DeMars-What brought our focus on the AMG building? Councilman Goedert-We were looking for a site that would not interfere with residents, that was already zoned properly as light industry. Councilman Pulver-At least an acre or two acres. Councilman Goedert-The size of the building seemed appropriate. Mr. DeMars-This property has a lot of potential as far as selling to hopefully an outside entity coming into town which is going to create more of a tax base. I think we're losing a little bit there. Councilman Goedert-I think you're trying to make your conclusions without all the facts. We're looking at this as a possible save because that's where development is taking place, on the west side of the bridge. We haven't even come to the total line, is it going to be a save and these are just all steps that we're taking forward. If it doesn't come out to be a save to the taxpayers whether it be immediately or as far as expansion maybe five, six years from now, then all that will be taken into play and will be presented to the people. But I think that we're trying not to make a decision until we have all the facts both pro and con, and we have gotten some of both. Mr. DeMars-Is there any objection to expanding down here from the local people? Councilman Goedert-There's no place to go and we don't own the property that's next to it. Mr. DeMars-Can we acquire any property on Big Bay? Supervisor Champagne-This is not the only building that we're looking at. Mr. DeMars-That's what I'm saying, our focus isn't only on one particular building. Supervisor Champagne-No, it is not. Councilman Pulver-I have been looking into this for almost two years and we've looked at lots of property over there. Mr. DeMars-Okay, so you're exploring other avenues other then that building. That's what I wanted to bring up really because I think there are other places available. OPEN FORUM CLOSED Councilman Monahan noted that Mr. Parillo has flagged the buffer area for the rezoning so that the board can go out to view it. Executive Director, Mr. Martin noted that he would like to meet the board there at a scheduled time. Town Board held discussion and agreed to view the property within a weeks time. Councilman Turner noted that he's received a request for two duck crossing signs on Ft. Amherst Road... would like the board's thoughts. Councilman Pulver suggested the residents put together a petition. Town Board held discussion regarding executive session and no session was held. RESOLUTION TO ADJOURN MEETING RESOLUTION NO. 162, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 18th day of March, 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY