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1996-12-02 REGULAR TOWN BOARD MEETING DECEMBER 2, 1996 7:05 P.M. MTG #50 RES NO. 469-480 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Water Superintendent, Tom Flaherty Deputy Water Superintendent, Ralph VanDusen Deputy Director of Wastewater, Mike Shaw Comptroller, William Bums Executive Director of Community Development, Jim Martin (entered meeting 7:40 p.m.) PRESS A.C.C. Telecommunications Class Supervisor Champagne called meeting to order... PUBLIC HEARING - TRANSIENT MERCHANT LICENSE FOR NAOMI POLITO NOTICE SHOWN 7:05 P.M. SUPERVISOR CHAMPAGNE-The first one tonight that I'll open is the Transient Merchant License for Naomi Polito. Is there anyone here to speak on behalf of that? Anyone here to speak for or against? Okay, how about from the board, anyone from the board? COUNCILMAN TURNER-This is an addition to Quinn's? SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN GOEDERT-This is the same public, or the same spot, the whole bit, just under a different name? COUNCILMAN TURNER-Yes. SUPERVISOR CHAMPAGNE-Yes. Okay, I guess I should close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NAOMI POLITO AT 1652 ROUTE 9 ON JUNE 2-7,1997 RESOLUTION NO. 469, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Naomi Polito has made application to the Town Board of the Town of Queensbury for a Transient Merchant and/or Transient Merchant Market license at 1652 Route 9 on June 2-7, 1997, in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, on or about October 15, 1996, the Town of Queensbury Planning Board adopted a resolution recommending site plan approval of Ms. Polito's transient merchant market proposal, and WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of Queensbury and a public hearing was duly held by the Town Board of the Town of Queensbury in connection with the license application on December 2, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, upon reviewing the requirements set forth in ~160-8 of the Code of the Town of Queensbury, hereby grants a Transient Merchant and/or Transient Merchant Market license to Naomi Polito to operate a Transient Merchant Market at 1652 Route 9, Queensbury, subject to the following: 1. Queensbury; Ms. Polito must pay all fees as required by Chapter 160 of the Code of the Town of 2. Ms. Polito must submit a bond in the amount of $10,000 as required by Chapter 160 of the Code of the Town of Queensbury; 3. Ms. Polito must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 2nd through June 7th, 1997 and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Ms. Polito must comply with all of the regulations specified in ~160-8 of the Code of the Town of Queensbury. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None PUBLIC HEARING - PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT, "BIG BAY ROADIBIG BOOM ROAD EXTENSION #1" NOTICE SHOWN 7:07 P.M. SUPERVISOR CHAMPAGNE-We'll open the second public hearing, proposed extension to Queensbury Consolidated Water District, Bay Road, Big Boom Road, Extension number one. Tom, do you want to just walk us through that one, please? WATER SUPERINTENDENT, MR. TOM FLAHERTY-I'm Tom Flaherty, Superintendent of Queensbury Water District. This is an extension to the Queensbury Consolidated Water District that is being proposed in answer to a petition from Joseph and Deborah Gross who are building a subdivision. They want to develop some land on the end of Big Boom Road, Big Bay Road, excuse me. (Refers to diagram) Corinth Road is in that area right there, Big Bay Road comes down through there and our water district presently ends right there. The yellow line outlines the proposed area that the Gross's would like to subdivide. The subdivision is at their cost, no cost to the water district and it would allow them to further develop that piece of land. Tom Nace is here to represent the subdivider. Tom, why don't you come up? It's being done in accordance with the regulations of our current laws that require a subdivision within a given distance of an existing water district to tie into that water district. It's a fairly simple expansion. SUPERVISOR CHAMPAGNE-Okay, so technically speaking, it's just business as usual? WATER SUPERINTENDENT, MR. FLAHERTY-Depending on your definition of business as usual, yes. SUPERVISOR CHAMPAGNE-In other words, the line is there, we would use our man power to finish up the WATER SUPERINTENDENT, MR. FLAHERTY-We wouldn't use any man power. The, our water line ends right there. SUPERVISOR CHAMPAGNE-Okay, then he picks it up right there? WATER SUPERINTENDENT, MR. FLAHERTY-They will pick up, they will have their contractor pick up that, our water line right there and extend it down Big Bay Road to a point somewhere right in there. Later on if they put a street in or whatever they do in there, again they would have to pick it up and provide the infrastructure within that area. SUPERVISOR CHAMPAGNE-Okay, those houses that border on the river, I guess those are lots there. WATER SUPERINTENDENT, MR. FLAHERTY-Those are not in the, they're not in it because this is being paid for basically by the subdivider. If those people in that area chose to extend that water line down that road, that would become the cost to the residents in that area. They weren't included in the petition for what ever reason. Do you have any comment, Tom? MR. TOM NACE-No they weren't. This is simply to serve this one parcel ofland. There is an approved subdivision, phase one of that includes just eight lots along the existing road. Phase two, if it's ever developed would then loop the water lines back through new roads, back into the back of that property. But it's just for that property alone. If in the future those people wanted to connect, the line will be there, there will be a cap and a valve on it that can be easily extended to service a future extension if they wish to do that. COUNCILMAN GOEDERT-Approximately how many feet is it from the existing district to the end of the extension? WATER SUPERINTENDENT, MR. FLAHERTy-It appears to be twelve hundred and sixty feet. COUNCILMAN GOEDERT -And the Gross's are paying for that themselves? WATER SUPERINTENDENT, MR. FLAHERTY-Yes. MR. NACE-They will be installing that in accordance with the town's standards. COUNCILMAN GOEDERT-And what is the cost of twelve hundred and sixty feet? WATER SUPERINTENDENT, MR. FLAHERTY-The total cost of the project including contingency is twenty-nine thousand, six hundred, say thirty thousand dollars. SUPERVISOR CHAMPAGNE-And that pipe in there is going to be sized so that if other homeowners along the river choose to WATER SUPERINTENDENT, MR. FLAHERTY-That's correct. We have an eight inch main right there, the extension will be an eight inch main. SUPERVISOR CHAMPAGNE-Okay. Anyone else from the audience care to speak for or against this? MR. PLINEY TUCKER-I've got a couple of questions for Tom. SUPERVISOR CHAMPAGNE-Come right up to the mic. Come right up to the mic, Pliney, please. MR. NACE-Which Tom? MR. TUCKER-Pliney Tucker, Division Road. My daughter just built a house on Big Bay Road, way down near the end. Is that water district changing down there at all? WATER SUPERINTENDENT, MR. FLAHERTY -Your daughter built a house on Big Boom Road. MR. TUCKER-Big Boom Road, yea. WATER SUPERINTENDENT, MR. FLAHERTY-There's nothing changing on Big Boom Road at the moment, no. MR. TUCKER-No, well, I was just wondering. WATER SUPERINTENDENT, MR. FLAHERTY-No, not as a part of this project, no. This is on Big Bay Road. MR. TUCKER-Okay. WATER SUPERINTENDENT, MR. FLAHERTY-Depending on what happens, it's not a part of this public hearing but I don't know what's going to happen with the park or whatever on Big Boom Road, there's a possibility there but it's not a part of this project. MR. TUCKER-Nothing is changing on Big Boom Road? WATER SUPERINTENDENT, MR. FLAHERTY-Not right at the moment, no sir. MR. TUCKER-Okay, thank you. SUPERVISOR CHAMPAGNE-Okay, anyone else care to speak for or against the project? How about from the board? COUNCILMAN TURNER-No, I'm all set. It's very simple. SUPERVISOR CHAMPAGNE-Okay, we'll close the public hearing and entertain a motion. We don't have a motion in front of us. Town Counsel Schachner-No and the reason is you can't entertain a motion yet because the SEQRA review has not been completed. The other involved agencies were notified after your second November board meeting, I believe that was on November 18th, and as you know there's a thirty day period for those other agencies to consent to us to being the lead agency. So, we're not able to take action until after that thirty days. That's why there's no resolution. PUBLIC HEARING CLOSED 7:10 P.M. CORRESPONDENCE Deputy Town Clerk Caroline Barber read the following into the record: Petition received November 18, 1996 - 21 signatures We the home owners of Pickle Hill Road area located in Queensbury, New York, are respectfully requesting from the Highway Department, in the Town of Queensbury the following. Any request made by any utilities companies to have any cables placed in the area listed below, that only buried cables could be considered. That any aerial cables and poles that are currently existing in this area be removed and be replaced with buried ones. The exact area involved would be located from the intersection of Route 9L and Pickle Hill Road, to the west of the intersection of Pickle Hill Road and Bolderwood Drive. 1 st letter Thanks to the Planning Department Staff and especially to John Goralski. Thank you for your professionalism and assistance in putting our property to better use. Vilnis Neilands and Elizabeth Perry. 2nd letter re: United Methodist Church Babysitting Safety Course Kip, Thank you so much for giving the babysitting course once again for our church. Had a great turnout and you and I make a great team hosting the class. I'm terribly sorry for the delay in this thank you card, but like they say, "better late than never". Thanks again, Debbie McLeod. 3 rd letter from the Ramada Inn Dear Mr. Grant, I would like to take this opportunity to thank you for coming to the Ramada Inn, Glens Falls this past Tuesday to address our staff on the importance of fire safety. I was pleased that we had a good turnout for this meeting. I am also pleased that you gave us all the opportunity to have "hands on" experience in the operation of a fire extinguisher. I know this was very educational for my entire staff, including myself. In the unfortunate event that we should have a fire emergency, I think we all feel a little more confident as to what route we will take. Our Fire Safety Committee will continue to meet once a month to sharpen our skills in such an emergency. Thank you again for your time and presentation. Sincerely, Jim McGuire, General Manager. RESOLUTIONS RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO. 470, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain Town Departments have requested fund transfers for the 1996 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows for the 1996 budget: ASSESSMENT: FROM: TO: 01-1355-4741 (Re-Val Project) 01-1355-2031 (Computer Hardware) 01-1355-4ll0 (Vehicle Repair & Maint.) 01-1355-1730 (Assist. to Assessor) 01-1355-4740 (Article 7) 01-1355-1730 (Assist. to Assessor) 1,825. BUILDING & GROUNDS: FROM: TO: 01-1620-4650-0024 (Air Conditioner/ Furnace Repairs) 01-1620-4110-0022 (Vehicle Repair & Maintenance) 1,000. COMMUNITY DEVELOPMENT: FROM: TO: 01-8030-4400 (Comm. Research) 01-8020-2032 (Computer Software) 1,300. 01-3620-4400 (Misc. Contractual) 01-8020-2032 (Computer Software) $ AMOUNT: 79. 500. $ AMOUNT: $ AMOUNT: 645. 01-3620-1070 01-8020-2032 155. (Clerk, Part-Time) (Computer Software) 01-3510-1640 01-8010-4130 1,000. (Dog Control Off. (Legal Services Overtime) 01- 3620-13 70-0002 01-8010-4130 650. (Asst. Bldg. & Code (Legal Services) Overtime) 01- 3620-13 70-0002 01-3620-4050 380. (Asst. Bldg. & Code (Books, Pub. & Subs.) Overtime) 01-3620-1070 01-8020-1910-0002 600. (Clerk, Part-Time) (Senior Typist - Overtime) 01-3510-1640-0002 01-351O-4ll0 50. (Dog Control Off. (Vehicle Repair & Main.) Overtime) 01-3620-2020 01-8010-1915-0002 50. (Vehicles) (Office Specialist - Overtime) 01-3620-2020 01-8010-4030 1,000. (Vehicles) (Postage) 01-3510-1640-0002 01-3510-4090 50. (Dog Control - (Conference Exp. Overtime) COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 001-3410-2001 001-3410-4050 300. (Misc. Equipment) (Books, Pubs. & Subscript. ) 001-3410-4090 001-3410-4050 200. (Conf. Expense) (Books, Pubs. & Subs.) 001-3410-4090 001-3410-4400 100. (Conf. Expense) (Misc. Contractual) COMPTROLLER: FROM: TO: $ AMOUNT: 01-1315-1035 01-1315-2100 4,532. (Comptroller) (Computer Hardware) WASTEWATER: FROM: TO: $ AMOUNT: 032-8ll0-2031 032-9060-8060 3,900. (Computer Hardware (Benefits - Hospitalization) & Software) 030-8120-2899 030-8120-4400 500. (Capital Construction (Misc. Contractual PAC.) PAC.) WATER: FROM: TO: $ AMOUNT: 40-8340-4291 40-8340-4410 1,500. (Meters) (Gasoline) 40-8340-4291 40-8330-4285 5,500. (Meters) (Soda Ash) ATTORNEY: FROM: TO: $ AMOUNT: 01-1420-4090 01-1420-4130 1,200. (Conference Expense) (Town Counsel Services) 01-1420-2032 01-1420-4130 1,000. (Computer Software) (Town Counsel Services) 01-1420-2100 01-1420-4060 200. (Computer Hardware) (Service Contracts & Warranties) 01-1420-4400 01-1420-4130 5,000. (Misc. Contractual) (Town Counsel Services) 01-1420-4010 01-1420-4050 500. (Office Supplies) (Books, Pubs. & Subscription) CAPITAL PROJECT: FROM: TO: $ AMOUNT: 106-5ll0-2899 106-5ll0-4400 1,800. (Misc. Capital (Misc. Contractual) Construction) BUILDING AND GROUNDS: FROM: TO: $ AMOUNT: 01-1620-1530 01-1620-4160 (Building Maintenance) (Signs) 60. 01-1620-1530 (Building Maintenance) 01-1620-4110-0022 (Vehicle Repair and Maintenance) 1,000. 01-1620-1530 (Building Maintenance) 01-1620-1470-0002 (Working Foremen Overtime) 400. 01-1620-1530 (Building Maintenance) 001-lllO-201O (Office Equipment) 600. 01-1620-4400-0022 (Misc. Contractual) 01-1620-4300-0024 (Utilities) 700. COMPTROLLER: FROM: TO: $ AMOUNT: 01-1320-4401 (CPA Audit) 01-1315-4050 (Books, Publications & Subscription) 200. and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Councilman Goedert referred to the transfer of funds for Building and Grounds from Building Maintenance to Miscellaneous Equipment for sixty-two hundred dollars for purchase and installation offour pay phones and noted that at the last workshop when this was discussed, it was agreed to pull the pay phones and put in courtesy phones. Town Board held discussion and agreed that was their understanding and to pull that transfer from the resolution until further discussion. Councilman Pulver questioned the transfers to service contracts and warranties, under the Attorney's Office and Community Development's Office. Comptroller, Mr. Bums noted it refers to the copiers that have gone over their maximum limit per month and are being charged .017 per copy. Noted further, the main copier downstairs has not been functional and therefore the attorney's office copier is being used by everybody in the building, increasing the usage and therefore the reason for the request. Councilman Monahan recommended pulling those two for further explanation. Deputy Town Clerk Barber noted that because the main copier has not been working the Clerk's Office has been relying on the Attorney's copier for Town Board Minutes and causing most of the overage. Noted the same for Maria with the Planning and Zoning Board Minutes, she's been relying on the Building and Codes Department's copier for her minutes. Councilman Pulver noted she doesn't have a problem with the attorney's request but the other is eleven hundred dollars? Town Board held discussion and agreed to pull Community Development's requested transfer until further explanation. RESOLUTION AUTHORIZING RETENTION OF COMMUNITY MAP COMPANY FOR MAPPING SERVICES RESOLUTION NO. 471, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury wishes to retain the services of COMMUNITY MAP COMPANY to produce community information guides/maps, and WHEREAS, Community Map Company will provide the maps at no expense to the Town of Queensbury other than mailing costs and an advertisement in the newspaper, as the entire project will be underwritten by company sponsorships, and WHEREAS, an order form for the maps has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services of Community Map Company to produce community information guides/maps for the Town of Queensbury at no expense to the Town other than advertisement and mailing costs, said costs not to exceed $3,000, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor to write a letter of introduction to businesses in the area for sponsorship purposes and to place the order for the community information guides/maps, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid forfrom the 1997 Publicity Account. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING SECOND AMENDMENT OF FACILITY AGREEMENT BETWEEN THE BOARD OF WATER AND SEWER COMMISSIONERS OF THE CITY OF GLENS FALLS AND THE TOWN OF QUEENSBURY RESOLUTION NO. 472, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury and the City of Glens Falls previously entered into a Facility Agreement on or about December 31, 1985, by which agreement certain sewer districts within the Town of Queensbury transport and discharge sewage to the City of Glens Falls' Sewage Treatment Facility, and WHEREAS, by resolution no. 398, 91, the Town Board of the Town of Queensbury authorized the first amendment to the Facility Agreement pursuant to a request by the United States Environmental Protection Agency, and WHEREAS, the Town of Queensbury wishes to secure the additional buy-ins for the Central Queensbury Quaker Road Sewer District Extensions 1 and 2 and thus amend ~1O.02 of the Facility Agreement from 400,000 gpd to 411,585 gpd, and WHEREAS, the Glens Falls Water and Sewer Superintendent has advised that the City of Glens Falls Board of Water and Sewer Commissioners has approved the buy-in of 11,585 additional gpd for a cost of $1.35 per gallon, for a total cost of$15,639.75, and WHEREAS, a proposed Second Amendment of Facility Agreement has been presented to this meeting, and WHEREAS, the Town of Queensbury has $14,107.50 in escrow from Wal*Mart and $1,532.25 from the Upper Glens Falls Development Corporation to pay for the additional buy-in costs, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Second Amendment of Facility Agreement presented at this meeting and authorizes and directs the Town Supervisor to execute the same, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the release of funds held by the Town of Queensbury from Wal*Mart and Upper Glens Falls Development Corporation to pay for the additional buy-in costs, in an amount not to exceed $15,640. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION AND FINAL ORDER ESTABLISHING ROUND POND WATER DISTRICT EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 473, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting a resolution and Final Order establishing an extension to the Queensbury Consolidated Water District, to be known as the Round Pond Extension with certain excess facilities, and WHEREAS, a map, plan and report has been prepared regarding the said extension of the existing Queensbury Consolidated Water District, such extension to service an area adjacent to, in and around that area of the Town of Queensbury in the northerly portion of the Town east of U. S. Route 9 along Round Pond Road and Birdsall Road and including a subdivision known as the Round Pond Subdivision, as more specifically set forth in the said map, plan and report, and WHEREAS, the map, plan and report have been filed in the Town Clerk's Office in the Town of Queensbury and are available for public inspection, and WHEREAS, the map, plan and report was prepared by Thomas W. Nace, P.E., Haanen Engineering, 253 Bay Road, Queensbury, New York 12804, an Engineer licensed by the State of New York, and WHEREAS, said map, plan and report shows the boundaries of the proposed extension of the Queensbury Consolidated Water District and a general plan of the water system, and a report of the proposed water system and method of operation, and WHEREAS, the map shows the water distribution mains, gate valves and hydrants, together with the location and a general description of all related or appropriate public works existing or required, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed Water District Extension pursuant to Town Law Article 12A and consolidate the same with the Queensbury Consolidated Water District, pursuant to ~206(A) of the Town Law, and the Town Board notes that the manner in which this district is established takes into consideration the cost of improvements benefitting the Queensbury Consolidated Water District and the low cost of improvements benefitting the immediate existing properties, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on June 20, 1994 concerning the establishment of said Water District Extension, at which time all persons interested were afforded an opportunity to be heard, and WHEREAS, the said Town Board has considered the establishment of said 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, a notice of such public hearing was duly published and posted as required by law, and WHEREAS, after said public hearing and consideration of the State Environmental Quality Review Act, the said Town Board duly adopted a resolution on the 20th day of June, 1994, determining to create said Water District Extension, and WHEREAS, the Town Clerk of the Town of Queensbury has reported that petitions requesting a referendum have not been filed, and WHEREAS, the State Comptroller approval is not necessary, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that it is the final determination of the Town Board of the Town of Queensbury that (1) notice of said public hearing was published and posted as required by law and is otherwise sufficient; (2) it is in the public interest to establish, authorize and approve the Round Pond Water District Extension to the Queensbury Consolidated Water District as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; (3) all property, property owners and interested persons within said extension are benefitted thereby; (4) all property and property owners benefitted are included in said extension; and (5) pursuant to ~206(A) of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended, and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, RESOLVED AND ORDERED, that: 1. The Round Pond Water District Extension to the Queensbury Consolidated Water District be and the same is hereby authorized, approved and established, in accordance with the boundaries and description set forth in the previously described map, plan and report, subject to the following: A. The obtaining of necessary permits or approvals from the New York State Department of Health; B. The obtaining of the necessary permits from the New York State Department of Environmental Conservation; C. The approval by the Town Board of the execution of an agreement between the Developer, Mr. Guido Passarelli, and the Town of Queensbury, providing for the payment of the cost of installation of the water pipes and contribution to the Queensbury Consolidated Water District, and payment by the Town of Queensbury for excess facilities; 2. The boundaries of the Round Pond Water District Extension to the Queensbury Consolidated Water District are as follows: Beginning at a point, said point being the intersection of the northerly boundary of the Round Pond Road right of way and the easterly boundary of the existing Town of Queensbury Consolidated Water District, said point being approximately 500 feet east of the easterly edge of the US. Route 9 right of way; thence easterly along the northerly boundary of the Round Pond Road right of way to a point, said point being the southwesterly comer of a portion of Parcel I-Block 2-Section 67 of the Tax Maps of the Town of Queensbury and the southeasterly comer of Parcel 3. I-Block 2-Section 36; thence northerly along the easterly boundary of a portion of Parcell-Block 2-Section 67 to the northwest comer of said Parcell-Block 2-Section 67; thence easterly along the northerly boundary of said Parcell-Block 2- Section 67 crossing the Birdsall Road Right of Way to a point, said point being the intersection of the easterly boundary of the Birdsall Road right of way and the northerly boundary of Parcel I-Block 2-Section 67; thence southeasterly along the Birdsall Road right of way to a point, said point being the intersection of the easterly boundary of the Birdsall Road right of way and the northerly boundary of the Round Pond Road right of way; thence southeasterly along an extension of the easterly boundary of the Birdsall Road right of way and crossing the Round Pond Road right of way to a point on the southerly boundary of the Round Pond Road right of way; thence westerly along the southerly boundary of the Round Pond Road right of way to a point, said point being the intersection of the easterly boundary of the existing Town of Queensbury Consolidated Water District and the southerly boundary of the Round Pond Road right of way, and said point being approximately 500 feet east of the easterly edge of the US. Route 9 right of way; thence northerly along the Town of Queensbury Consolidated Water District boundary crossing the Round Pond Road right of way to the point of beginning. 3. The improvements to be constructed by the Developer and included and made a part of the extension shall consist of the purchase and installation of water distribution mains, hydrants and gate valves and such other facilities as more specifically set forth in the aforesaid map, plan and report prepared by Thomas W. Nace, P.E., and the costs shall also include a proportionate share of the cost of the Water Treatment Plant, mains and other facilities of the existing Queensbury Consolidated Water District; 4. All proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervision and thereafter all water mains and improvements shall be turned over to the Town of Queensbury without charge; 5. The maximum amount to be expended for said improvement is estimated to be $147,000, said amount to be paid by the Developer except that the Town will be responsible for the payment of up to $27,000 thereof as a cost for excess facilities consisting of changing the water line from an 8" main to a 12" main as requested by the Town; 6. There will be no financing of the proposed Water District Extension improvements by the proposed District, the Town of Queensbury, or the Queensbury Consolidated Water District, the Developer will contribute towards existing facilities, and parcels in the proposed District will contribute to the Consolidated Water District as herein set forth and the Town shall pay, from current funds, the cost of the excess facilities; 7. In accordance with ~206(A) of the Town Law, all of the expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 8. Expenses occasioned after the creation of the extension 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 Consolidated Water District and such assessments shall be made on an ad valorem basis and user charge basis (water meter charges); 9. The map, plan and report describing the improvements and area involved are on file in the Town Clerk's Office of the Town of Queensbury for public inspection; and BE IT FURTHER, RESOLVED, 1. that a certified copy of this resolution and order be further filed and recorded in the Office of the Clerk of the County of Warren; 2. that the Town Clerk, as required by law, file a certificate with the Clerk of the County of Warren that no petitions for referendum have been filed; 3. that any other filings of this resolution mandated by law be completed by the Town Counsel's Office; and BE IT FURTHER, RESOLVED, that a consolidated assessment bill shall be prepared for next year in which assessments are levied against the extended district, and BE IT FURTHER, RESOLVED, that this Order is a Final Order and shall take effect immediately. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 1996 A LOCAL LAW TO AMEND ARTICLE XXIV, CHAPTER 136 OF THE CODE OF THE TOWN OF QUEENSBURY ENTITLED "SEWERS AND SEWAGE DISPOSAL" CONCERNING ANNUAL CHARGES FOR HILAND PARK SEWER DISTRICT RESOLUTION NO. 474, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _ of 1996, A Local Law to Amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal" to amend Article XXIV concerning "Establishment of Sewer Rents," which amendment proposes to raise the sewer rent rates in the Hiland Park Sewer District and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, and WHEREAS, prior to adoption of said Local Law it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 16th day of December, 1996, to consider said Local Law No. _ of 1996 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _ of 1996 in the manner provided by law. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR TRANSPORTATION FOR THE ELDERLY WITH COMMUNITY WORKSHOP, INC. RESOLUTION NO. 475, 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 bids for transportation for the elderly in the Town of Queensbury for the year 1997, and WHEREAS, Community Workshop, Inc., has offered to provide transportation services for the elderly for the year 1997 for an amount of $14,088 for the Tuesday/Thursday busing schedule, and WHEREAS, the Director of Purchasing has made a recommendation to award the bid to Community Workshop, Inc., the only and therefore lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the contract for transportation of the elderly for the Town of Queensbury for the year 1997 to Community Workshop, Inc., for an amount of $14,088 for the Tuesday, Thursday busing schedule, and BE IT FURTHER, RESOLVED, that the contract amount shall be paid for from the previously budgeted account. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None DISCUSSION BEFORE VOTE Town Board held discussion regarding the choice of the two day schedule or the three day schedule and after considering the usage, the board agreed to the two day schedule. Councilman Goedert recommended that there be more advertisement of the program being offered. RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT FOR SALE OR CONVEYANCE OF SCRAP METAL BETWEEN TOWN OF QUEENSBURY AND NORTHERN CAR CRUSHERS RESOLUTION NO. 476, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the sale of scrap metal located at the Town of Queensbury Transfer Station located adjacent to Ridge Road, as more specifically identified in bid documents previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Northern Car Crushers has submitted the highest and only bid for the purchase of the Town's scrap metal, and WHEREAS, James T. Coughlin, Solid Waste Facility Operator, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for the sale of scrap metal to Northern Car Crushers, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the Agreement for Sale or Conveyance of Scrap Metal between the Town of Queensbury and Northern Car Crushers on behalf of the Town of Queensbury and accompanying contractual documents in form acceptable to Town Counsel, and to place the seal of the Town of Queensbury on said document, and that the funds received for the sale of scrap metal be deposited into the Landfill Operations Account. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION RESCINDING RES. 463, 96 CONCERNING SEPARATION OF EMERGENCY MEDICAL SERVICES FUND NO.8 RESOLUTION NO. 477, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 463, 96 creating Emergency Medical Services Fund No.8, and WHEREAS, the Town Board of the Town of Queensbury desires to rescind said resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds resolution no. 463, 96. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENTS BETWEEN THE TOWN OF QUEENSBURY AND COMMUNITY HEALTH PLAN AND EMPIRE BLUE CROSSIBLUE SHIELD RESOLUTION NO. 478, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury desires to offer health insurance to the Town of Queensbury's employees and their eligible dependents, and WHEREAS, the Town Board by its Resolution dated November 18, 1996, authorized and directed the Town Supervisor to execute the remittal agreements necessary between the Town of Queensbury and Community Health Plan (CHP), MVP, Northcare Partners Health Plan and Empire Blue CrossIBlue Shield Blue Choice, and the Empire Blue CrossIBlue Shield Matrix Plan for the year beginning January 1, 1997, such agreements to be in a form to be approved by Town Counsel, and WHEREAS, the Town Comptroller's Office has performed further research concerning the health insurance proposals with the above-described companies and has recommended that the Town Board consider eliminating the Northcare Partners Health Plan and the MVP Plan from its options, being of the opinion that the remaining three plans will continue to meet the health insurance needs of the Town employees in an effective way for the Town, and WHEREAS, the Town Supervisor has not yet executed any agreements envisioned in the November 18, 1996 Resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby eliminates the Northcare Partners Health Plan and the MVP Plan from the selection of health insurance plans for the Town, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the remittal agreements necessary between the Town of Queensbury and Community Health Plan (CHP), Empire Blue CrossIBlue Shield Blue Choice, and the Empire Blue CrossIBlue Shield Matrix Plan for the year beginning January 1, 1997, and BE IT FURTHER, RESOLVED, that said agreements shall be in a form to be approved by Town Counsel. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None DISCUSSION ITEMS 7:43 P.M. Councilman Pulver questioned the status of the sale of water to the Town of Moreau... Supervisor Champagne noted that he had been in contact with them but have not heard anything back... Councilman Pulver recommended that we make it public, to publicly invite them to come and if they refuse, then let the public know... Town Board held discussion and agreed to schedule a meeting with their board at the water plant. Supervisor Champagne noted that the traffic lights on Quaker at the intersections of Bay Road and the Boulevard were down due to the storm... concerned as these get older, the town needs someone on staff or someone available to make the necessary corrections... would like to discuss further at a workshop. Supervisor Champagne announced the Organizational Meeting scheduled for January 6th, 1997... Reminded the board of the special board meetings for December 3 rd, 9th, 10th and the 11 th to discuss the EMS and Fire Service Contracts... noted scheduled meeting regarding North Queensbury Sewer District for December 12th at 7 o'clock at the North Queensbury Volunteer Fire Department location. Executive Director, Mr. Jim Martin referred to the two items from his department pulled earlier from resolution 470 for service contracts and warranties... noted they were for the copier in Building and Codes that's presently being used by Maria to run the Planning Board and Zoning Board Minutes creating the overage causing the monthly fee to increase. Town Board held discussion and agreed to the following motion: RESOLUTION AMENDING RESOLUTION NO. 470 OF 1996 AMENDING THE 1996 BUDGET RESOLUTION NO. 479, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 470 of 1996 to include the following: 01-3620-4060 (Service Contracts & Warr.) 01-8020-4060 (Service Contracts & Warr.) 660. 01-3620-2001 (Misc. Equipment) 01-8020-4060 (Service Contracts & Warr.) 540. Duly adopted this 2nd day of December, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None OPEN FORUM 7:59 P.M. Mr. Pliney Tucker, Division Road-Referred to the Environmental Bond issue, noted that he read in the paper that Hudson Falls is looking for funds for their water district and questioned whether Queensbury was looking for funds for the West Glens Falls Water District? Supervisor Champagne-Noted that the town will be researching to see what's available to the town. Mr. Tucker-Questioned the establishment of the Round Pond Water District. Supervisor Champagne-Noted that it was accepted by the town a couple of weeks ago. Councilman Monahan-Noted, this has been paid for by the developer, not the district. Mr. Tucker-Questioned the buy in to the water plant? Supervisor Champagne-Noted that the developer did pay the buy in charge. Mr. Tucker-Questioned whether the developer has for the Big Bay Road extension? Executive Director, Mr. Martin-Noted that he has not filed everything yet but that it's in process. Mr. Tucker-Referred to an article in the paper and questioned the possibility of the county providing EMS service through full time employees. Councilman Goedert-Noted that she's been to numerous meetings regarding this issue with all the agencies in Warren County. Noted, what Mr. Canavan failed to tell the Post Star was the fact that the southern part of the county does not fall in the category of the problem. The southern agencies, especially the Queensbury agencies took a vote amongst themselves that at this time it wasn't needed to participate in this, that we would support the northern county as far as their decision. Mr. Tucker-Referred to information he requested some time ago regarding the fee involved with freedom of information requests. Supervisor Champagne-I followed up with that with Darleen Dougher who is our Records Clerk and manages that whole process and I was told that, at her discretion, depending on what's being requested and to what extent, there are some variations as to how it's handled. Councilman Goedert-I disagree with that, I believe that you either bill for all copies or you bill for no copies. I don't think it should be something of a discretion. Town Board held discussion, would like to meet with Darleen to discuss further the process involved at a workshop. Mr. Tucker-Noted concern with the town selling water to other municipalities, that the town will be going regional, changing the structure of the water district and would like to see the town get an opinion from the State Department of Audit of Control. Town Counsel Schachner-Noted, there is expressed statutory authority in New York State for intermunicipal agreements for any number of purposes, one of which is to share or to sell water. OPEN FORUM CLOSED 8:25 P.M. Supervisor Champagne thanked and congratulated A. C. C. for their television productions. RESOLUTION TO ADJOURN MEETING RESOLUTION NO. 480, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session. Duly adopted this 2nd day of December, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY