Loading...
2001-04-23 REGULAR TOWN BOARD MEETING APRIL 23RD, 2001 RES#175-l89 B.H. 14-167:05 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS EXECUTIVE DIRECTOR, CHRIS ROUND DEPUTY WASTEWATER DIRECTOR, MIKE SHAW SENIOR PLANNER, MARILYN RYBA DIRECTOR OF BUILDING AND CODES, DAVE HATIN PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER SUPERVISOR BROWER-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 175,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 23rd day of April, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None Absent:None PUBLIC HEARING - SEWER VARIANCE - TERRY KARANIKAS OPENED 7:07 P.M. NOTICE SHOWN SUPERVISOR BROWER-I see Dave Hatin is here Dave do you have any comments on this? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Mr. Karanikas I thought would be here. The problem he has run into is the addition he plans for his house in order to get the twenty-foot separation will push the seepage pit on to the Homeowners Association property. The Homeowners Association I believe you have a copy of the letter has granted their permission for him to cross over the line. That's what he is asking to do is place it ten feet on the Homeowners Association property in lieu of the ten foot setback. COUNCILMAN BREWER-Can we do that though? COUNCILMAN TURNER-Yeah it's an Association. DIRECTOR OF BUILDING & CODES, MR. HATIN-It's basically a zero setback is what you're granting. COUNCILMAN MARTIN-Actually isn't it like a negative ten feet. DIRECTOR OF BUILDING & CODES, MR. HATIN-Negative ten feet really. COUNCILMAN STEC-From my time on the Zoning Board we were always told you can't grant relief on a property that the applicant doesn't own. TOWN COUNSEL, HAFNER-You said this is a Homeowners Association... DIRECTOR OF BUILDING & CODES, MR. HATIN-Homeowners Association right so he is a part of that. TOWN COUNSEL, HAFNER-Then he owns a part of this. The Homeowners Association owns the common property that's what I understood was the case here. COUNCILMAN BREWER-Before I would even consider I would like a note or a letter or something from the Homeowners Association. DIRECTOR OF BUILDING & CODES, MR. HATIN-You do you have a letter there that's part of the application. TOWN COUNSEL, HAFNER-I thought that was part of what they gave to you. COUNCILMAN MARTIN-It's here. COUNCILMAN BREWER-Maybe it's in this packet then. COUNCILMAN TURNER-They passed a resolution September 7th, 2000 to allow the installation of a residential seepage pit on a Homeowners Association land. COUNCILMAN MARTIN-Item No. 10 it says Terry, name, owner of Unit 19 requested to build an addition off the rear of this unit was agreed by the director that he could build to twelve feet out from the existing back of his unit. Motioned by Edward Robatelli, Keith Powers, second so they agreed upon it actually last fall. DIRECTOR OF BUILDING & CODES, MR. HATIN-This has been in the works for a while. SUPERVISOR BROWER-Do you see any other problems Dave? DIRECTOR OF BUILDING & CODES, MR. HATIN-No. If it wasn't for the Homeowners Association he would probably meet the setbacks. SUPERVISOR BROWER-Any questions for Dave from board members? COUNCILMAN TURNER-No. SUPERVISOR BROWER-Thank you very much. At this time I'll open up the floor to citizens that would like to comment on this public hearing either for or against would anyone care to speak on this? NO PUBLIC COMMENT SUPERVISOR BROWER-Seeing none we'll close the public hearing at this time PUBLIC HEARING CLOSED 7:07 P.M. COUNCILMAN TURNER-I'll move the resolution. COUNCILMAN MARTIN-I'll move it given the fact that we have the Homeowners Association pernnsslOn. COUNCILMAN TURNER-As long as they're behind it. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF TERRY KARANIKAS RESOLUTION NO.: BOH 14,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Terry Karanikas filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health authorize a seepage pit to be installed on Mr. Karanikas' property and extending across his property line a distance of ten feet (10') into adjacent Homeowner Association property instead of installing the seepage pit at the required ten feet (10') setback from the property line on property located at 19 Queens Way, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on April 23rd, 2001, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Terry Karanikas for a variance from the Sewage Disposal Ordinance to authorize a seepage pit to be installed on Mr. Karanikas' property and extending across his property line a distance of ten feet (10') into adjacent Homeowner Association property instead of installing the seepage pit at the required ten feet (10') setback from the property line on property located at 19 Queens Way, Queensbury and bearing Tax Map No.: 70-4-19. Duly adopted this 23rd day of April, 2001 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES: None ABSENT:None ABSTAIN:Mr. Brewer RESOLUTION DECLARING A HEALTH HAZARD AND SETTING HEARING ON PROPERTY OWNED BY PETER ODDY (TAX MAP NO.: 119-2-6) RESOLUTION NO. BOH 15, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, has advised the Town of Queensbury Local Board of Health that he has received a complaint about a large amount of garbage in the garage on property located at 19 Arbutus Drive, Queensbury (Tax Map No.: 119- 2-6) owned by Peter Oddy, and WHEREAS, Mr. Hatin has investigated and inspected the property and has advised the Local Board of Health that there is a large amount of garbage and rubbish in the garage and therefore, in his opinion, the property is a health hazard and nuisance to the neighborhood and the structure is unfit for human occupancy and unsafe to the general public and therefore Mr. Hatin strongly recommends that the Board of Health take action if the property owner fails to clean-up the property as more specifically set forth in Mr. Hatin's Memorandum dated April 10th, 2001, and WHEREAS, Robert L. Evans, D.O., the Town's Public Health Officer, has advised the Town by letter dated April 10th, 2001 that in his opinion the property is a health hazard and public nuisance, and therefore has recommended that the property be cleaned up and the garbage removed immediately, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that property owned by Peter Oddy bearing Tax Map No.: 119-2-6 and located at 19 Arbutus Drive, Queensbury appears to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and therefore the garbage and rubbish should be removed from the garage and the property cleaned up, and BE IT FURTHER, RESOLVED, that the property owner shall immediately commence cleaning-up the property unless good cause is shown by Mr. Oddy or other interested persons whereupon the Town Board shall consider a time extension, and BE IT FURTHER RESOLVED, that the Town of Queensbury Local Board of Health shall conduct a hearing concerning the property owned by Mr. Oddy on May 7th, 2001 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or his executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the New York Public Health Law. Duly adopted this 23rd day of April, 2001 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES: None ABSENT :None DISCUSSION HELD BEFORE VOTE: DIRECTOR OF BUILDING & CODES, MR. HATIN-What we have is a house that is apparently in foreclosure from what I've been able to find out from neighbors. There is nobody responsible for the property right now I'm not even sure what bank its in but apparently the owners have skipped Town with no forwarding address. They left all their garbage in the garage behind probably about two pickup trucks loads of raw garbage. COUNCILMAN BREWER-Do we have pictures of it. DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes. (Presented pictures to board) What I'm asking you to do basically is to set a hearing for May 7th, if it's not cleaned up by then that I can authorize a contractor to clean it up that work and I'll get prices between now and then. SUPERVISOR BROWER-Any questions from the board? How did you become aware of this Dave? DIRECTOR OF BUILDING & CODES, MR. HATIN-Neighbor complaint. So if there is anybody responsible all we've noticed....hopefully they'll get it. SUPERVISOR BROWER-Do I have a motion from any board member? COUNCILMAN BREWER-I'll make a motion, but do we have to wait that long? TOWN COUNSEL, HAFNER-Yes we've set it for the time period we had to wait. COUNCILMAN STEC-I'll second it. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 16,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 23rd day of April, 200, by the following vote: Ayes: Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec Noes: None Absent:None RESOLUTION DESIGNATING KARNER BLUE BUTTERFLY AS OFFICIAL BUTTERFLY OF TOWN OF QUEENSBURY RESOLUTION NO: 176,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 470.2000, the Queensbury Town Board recognized and supported the importance of the State and federally endangered Karner Blue Butterfly and its recovery within the Town of Queensbury, and WHEREAS, the New York State Department of Environmental Conservation (DEC) has prepared a draft Karner Blue State Recovery Plan and Map of the Queensbury Sandplains Recovery Unit outlining goals, objectives and strategies for the recovery of the Karner Blue Butterfly and its habitat, and WHEREAS, the Town of Queensbury's Comprehensive Land Use Plan (CLUP) recommends protection of the endangered Karner Blue Butterfly (Lycaeides Melissa samelis) and its habitat, and WHEREAS, the CLUP Action Plan lists investigation of land conservation methods and organizations and development of plans to protect endangered species and natural communities throughout the Town, with DEC as a resource and a partner in this activity, and WHEREAS, the Town of Queensbury Environmental Committee in its Year End 2000 Report to the Town Board identifies in its planned Year 2001 activities its continued support of specific plans to implement the Karner Blue Butterfly Recovery Plan in the Town, and WHEREAS, the independent, non-profit Queensbury Land Conservancy has been established to protect open spaces integral to the community's way of life and will work with others to research open space needs and priorities and assist in the development of open space plans, and WHEREAS, the Karner Blue Butterfly depends upon wild lupine to exist in the Pitch Pine - Scrub Oak Barrens ecological community and preservation of the ecosystem is necessary to sustain the Karner Blue Butterfly, and WHEREAS, the Town Board wishes that future development will take into account the uniqueness of the areas, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby recognizes and embraces the presence of the endangered Karner Blue Butterfly and wishes to actively protect and encourage its recovery so that it may eventually recover and no longer be on a State or federal endangered species list, and BE IT FURTHER, RESOLVED, that the Town wishes to pursue programs to expand the Karner Blue Butterfly's habitat within the Town and cooperate with surrounding communities, schools, and other agencieslcommitteeslorganizations to participate in and support education and recovery programs concerning the Karner Blue Butterfly and its habitat, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and designates the Karner Blue Butterfly as the Town of Queensbury's Official Butterfly. Duly adopted this 23rd day of April, 2001 by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT:None PRESENT A TION - Made by Alex Healy Boy Scout from Troop 13 who is doing an Eagle Scout project regarding the Karner Blue Butterfly. (Poster of project given to the Town Board) After presentation Kathy O'Brien from DEC Endangered Species Unit presented Supervisor Brower with two certificates. One from the New York State Department of Environmental Conservation a Certificate of Appreciation to the Town of Queensbury for designating the endangered Karner Blue Butterfly as its official Town Butterfly. A certificate of Appreciation from US Fish and Wildlife Service in Recognition of Outstanding Contribution to the Mission of US Fish and Wildlife Service. Ms. O'Brien noted she would be presenting a slide show regarding the Karner Blue Butterfly on May 2nd, at the Queensbury Town Hall. Further discussion was held regarding the Karner Blue Butterfly. Mr. George Stec, Butler Pond Road, Queensbury spoke to the board regarding the Karner Blue Butterfly noting this would be a perfect time to get the Karner Blue Btterfly off of the endangered species list noting it's an opportunity for the developers in designing their developments to include the Karner Blue Butterfly and Lupine plant as part of the landscaping. Recommended working with the City of Glens Falls concerning the City of Glens Falls Watershed property in the Town of Queensbury noting that it is loaded with sites for the Karner Blue Butterfly and Lupine plant. Councilman Martin made a request to the Environmental Committee to make recommendations to the board on where the seedlings can be planted and report back to the board where the locations are to put in next years budget to buy the plants to enhance the habitat that exists. PUBLIC HEARING CHANGE OF ZONE - PROPERTY OWNED BY LARRY CLUTE FROM Ll-lA (LIGHT INDUSTRY - ONE ACRE TO UR-1O URBAN RESIDENTIAL - 10,000 SQUARE FEET) OPENED 7:30 P.M. NOTICE SHOWN DEVELOPER NOT IN ATTENDANCE SUPERVISOR BROWER-I guess since there is no one here representing the developer or opening statement we'll ask if anyone would care to comment during this public hearing? SARA HERMANCE-We own property directly across the street from this property that Larry Clute wants to build on. As you can clearly see we have some pictures here it's definitely not big enough to build on. There is less than ten thousand square feet there its like eighty five hundred square feet. There is no room for a snowplow to drive up the street to plow the snow or for a mailbox on the street. There is a fire hydrant directly in front of the property which if you built a house you'd have to move that or jump over it. We purchased property directly across from this property here, which is light industrial. If we want to open a business on that property or build something there in respect to a business would that hurt our light industrial from having a residential piece of property across the street could they stop us? He says that this property is not good for anything else we would give him back his investment in this property and we would just clean it off and make room for children to play, plow to turn around, or the mailman to come up on the street that's the only place on the street for the snow plow to turn around. COUNCILMAN BREWER-Can I look at your pictures? MRS. HERMANCE-You certainly can. COUNCILMAN TURNER-Chris can I ask you a question. Is he combining 117.-9-10 with 117.-9-11? EXECUTIVE DIRECTOR, MR. ROUND-That's what I understand yeah. COUNCILMAN MARTIN-How wide does that make the overall? EXECUTIVE DIRECTOR, MR. ROUND-There is a plot plan attached to the last it shows an eighty four by one ten it narrows. They show seventy-three in the back eighty-four in the front. He's showing its both lots so he is going to propose to use both of those lots that are ten and eleven Ted to answer your question. COUNCILMAN MARTIN-How does that compare with other lots up and down the street? EXECUTIVE DIRECTOR, MR. ROUND-If you look at it graphically at the map do you have a copy of that map attached? COUNCILMAN MARTIN-That's what I mean I don't see that size of that lot being that far out ofline with like 117.-9-7. MR. HERMANCE-Has anybody seen the lot, there is banks all around. I don't know what size house he'd being able to even put on that it's so small. COUNCILMAN MARTIN-He saying twenty four by thirty six. MR. HERMANCE-It's a very small house. The big thing is the snow plow that's where he turns around there is no place for a snow plow to turn around he already complains as it is that's where he turns his truck around. MRS. HERMANCE-If you would just go on that street and take a look. COUNCILMAN BREWER-I've been on there. MRS. HERMANCE-It's really a joke it really is to want to build a house there I can't even imagine. There is no room it's a dead end the snow plow has no place to put the snow now. He used to plow it over on that vacant lot and like I said if Larry Clute says that he has money invested in there and he's going to use we'll give him what he has invested and we'll clear it off and make it look nice. You can see how my son has basically made everything beautiful in that area. COUNCILMAN STEC-It is nice. MRS. HERMANCE-He works all the time. We would make it nice a place for children to play there is no room for a house. The snowplow is going to plow them right in it's a dead end street. It's just a piece of pie where you would have a tipi type house I don't know it's clearly a joke I've never seen anything like it. There is definitely not enough room to build a house if they let them do that Larry Clute everybody else is going to be out there saying look can we build a house on a little piece of property like this. SUPERVISOR BROWER-It's light industrial. MRS. HERMANCE-If you could see it in person it's looks even more.... You know how lines run straight this here runs like a piece of pie. We are trying to beautify this neighborhood as you can see in the pictures. COUNCILMAN BREWER-You've got to come over to the microphone. MRS. HERMANCE-We are trying to make the neighborhood a good place to live to improve it this would only make it cramped up. There just is really no room for a home in there for a house. If you wanted to put up a garage or something that's a different story, but not a house. There is sixty-four feet in the back and seventy-four in the front roughly we measured it. SUPERVISOR BROWER-Thank you very much. Any other comments while you've got the microphone? MRS. HERMANCE-No, I don't think so. There is approximately eighty five hundred square feet. Could we build on a piece of property like that if this goes through? We have additional too we could just put up a little house we wouldn't want to do that, but I'm saying other people will do this. They're going to be up here saying we did this now why can't we. If you could just go up and take a look at the property it is a joke to see a new house being built on that. MR. HERMANCE-What you really need to do is drive by just to tell you the dimensions doesn't do any justice if you look at it you'll know. MRS. HERMANCE-Thank you very much. JOHN SALVADOR-Do I understand that the snowplow is turning around on private property. COUNCILMAN MARTIN-That was going to be one of my questions John I was going to withhold on this until we hear from our Highway Superintendent. MR. SALVADOR - Were you expecting to hear from the Highway Superintendent? COUNCILMAN MARTIN-I'm going to pose the question to him yeah. He's not here so we have to leave it open I'm saying later on. If I was that property owner I wouldn't especially care to have snow on my lot. SUPERVISOR BROWER-Would anyone else care to address the board at this time during this public hearing? We'll leave the public hearing open at this time I don't think we'll take any action on this this evening. I think we'd like to investigate this a little further. Any other comments from Town Board members? COUNCILMAN MARTIN-Chris what's the overall lot size when we're all said and done here if he combines both lots even. EXECUTIVE DIRECTOR, MR. ROUND-The dimensions on the plot plan right there. It's eighty-four in the front and seventy three in the rear. COUNCILMAN MARTIN-What's the lot area? EXECUTIVE DIRECTOR, MR. ROUND-I don't have it. COUNCILMAN MARTIN-It's going to be a substandard lot. COUNCILMAN BREWER-Seventy eight eighty-four Jim give or take. COUNCILMAN MARTIN-The minimum lot size is ten thousand square feet we're creating a substandard lot. COUNCILMAN TURNER-He's undersized for the zone he's in. EXECUTIVE DIRECTOR, MR. ROUND-He's aware of the limitations and what the zoning requirements are. SUPERVISOR BROWER-Thank you. COUNCILMAN MARTIN-I've got a number of questions I'd like to have answered Chris with a little research so when we come back. I'd like to know what some of the lot sizes are in the neighborhood. Ifwe create this how conforming or compliant is this going to be what we're finding there elsewhere in the neighborhood. I'd also like an analysis from the Assessor's Office of the house sizes in that area. He's proposing a twenty four by thirty six house is that in keeping with what we're finding in that neighborhood. I don't know what ever reasonable distant you want to do to make that investigation that's up to you guys a certain radius. COUNCILMAN BREWER-Who owns 118. -1, is that the backside of the Curtis? COUNCILMAN MARTIN-Yes. COUNCILMAN BREWER-Were those lots combined at one time or not? EXECUTIVE DIRECTOR, MR. ROUND-I don't know. COUNCILMAN MARTIN-I don't think so. I remember historically there has been request down in there before about changing this light industrial down they're to Curtis. During the last town wide rezoning in eighty eight it was put in there to accommodate Curtis since it's kind of a dinosaur down there Curtis left. COUNCILMAN TURNER-That was done after eighty-eight. COUNCILMAN BREWER-We've got to find out from Rick too about going on their property turning around. COUNCILMAN MARTIN-That's the other question I had. If you could talk to Rick about the snowplow what's the practice been to plow Feld Avenue. What's he going to do if this goes in and have we had permission from the property to put snow there if that in fact has been happening? COUNCILMAN BREWER-When we bring this back Chris could you contact the Hermance's so that they can be heard if we come back and reopen this public hearing. MRS. HERMANCE-There are other neighbors too. COUNCILMAN BREWER-We'll give the word to you. MRS. HERMANCE-Okay we'll contact them. SUPERVISOR BROWER-We've kept it opened so I would assume that we would handle this at our next regularly scheduled Town Board Meeting which would be two weeks from tonight. COUNCILMAN BREWER-We won't notice them will we? COUNCILMAN MARTIN-You usually don't. TOWN COUNSEL, HAFNER-No not when it's kept opened. COUNCILMAN BREWER-A phone call would be good. MR. HERMANCE-Would somebody ride up and just take a look though. SUPERVISOR BROWER-I think most of the board members would like to do just that. COUNCILMAN MARTIN-That's part of the reason for it to be delayed. PUBLIC HEARING TO REMAIN OPEN CORRESPONDENCE DEPUTY TOWN CLERK O'BRIEN-Noted the following reports are on file in the Town Clerk's Office. The Fire Marshal Office Monthly Report for January, February, and March 2001. Town of Queensbury Building and Codes Office Supervisor's Report for March 2001. Received letter from Department of Transportation dated April 12th, 2001 regarding Route l49-road construction. The following letter was read into the record. Letter from John Salvador, dated April 16, 2001, Re: Salvador v. Naylor et. AI. Index No. 38090 RJI No. 56-1-99-0317 Dear Members of the Board: I realize the Town Board is represented by counsel, as are my wife and I, in a matter concerning our request that the Highway Superintendent, Mr. Paul Naylor at the time, layout the centerline of Dunham Bay Road. However, on a personal level, and as a taxpayer in the Town of Queensbury, I feel compelled to bring a topic tangentially related to that litigation to your attention. For some time a conference related to this case had been scheduled for 9:30 A.M. on April 10, 2001, at the Warren County Center by the Hon. Richard T. Aulisi, Justice of the State Supreme Court. I appeared at the appointed time and place with counsel and waited for the Town defendants and their counsel to appear so that the conference could proceed. After waiting over an hour, the Judge determined that the Town, the other party, was a "no show." Judge Aulisi stated that without both sides present, he could not proceed "ex parte" and therefore, the judicial conference would have to be rescheduled. Not only was the "no show" by the Town's counsel an inconvenience and unnecessary expense but also was an embarrassment to us as taxpayers in this Town. It was abhorrent to me that this Town, a political subdivision of the State, would blatantly ignore the directive of a Justice of the New York State Supreme Court. Such disregard of judicial process by the Town, as part of the Executive Branch of government constitutes a serious breach of duty. Additionally, the waste of judicial resources is not only a loss to all of the taxpayers, but also sends a signal that disrespect of judicial office is sanctioned and accepted by the Town. I respectfully request that this Board insure that continuation of such action on the part of its counsel will not be tolerated. Yours truly, Kathleen A. Salvador John Salvador OPEN FORUM BARBARA BENNETT-Thanked Supervisor Brower and Town Board members and everyone involved for their help in solving her problem with receiving mail with the 911 numbering of her street. JOHN SALVADOR-Questioned the status of the acquisition of the AMG building? SUPERVISOR BROWER-Noted it's on hold will be looked at in the capital improvement plan noting workshop is scheduled in three weeks regarding the capital plan. MR. SALVADOR-Asked for an update of the North Queensbury Sewer Project. COUNCILMAN MARTIN-Noted they would be starting at the scoping process in a Supplemental Draft Environmental Impact Statement. Agreed that a public scoping process would be the preferred way to go would wait until the seasonal residences are present. The public scoping session will be scheduled for sometime in early July. Noted that things to put into it are changing the State Law regarding in-basin discharge will be considered as an alternative and also the idea of having a management district will be another alternative looked at. MR. SALVADOR-Spoke to the board regarding the new Zoning Ordinance questioned what is taking so long to adopt the new ordinance, why and what is being done in the meantime? EXECUTIVE DIRECTOR, MR. ROUND-Noted memo was given to all Town Board members, Steering Committee members and Planning Board members a week ago regarding the status. Received a draft back from Chazen mid-January end of January we reviewed it its taken time for staff to review it. Provided comment on it to Chazen have also developed a task list both internal and external that needs to be accomplish will be making a presentation to the Town Board in May about the task list and schedule. Hope to have it adopted in September or October of this year. The content of the Ordinance hasn't changed, but there have been improvements to organization, language and clarity. MR. SALVADOR-Questioned if Chazen has exhausted the $30,000 of the contract? EXECUTIVE DIRECTOR, MR. ROUND-Noted it was a not to exceed contract withheld ten percent of the contract they are working under the terms of that contract. MR. SALVADOR-Asked for the status of Crandall Public Library. SUPERVISOR BROWER-Had a Committee Meeting this morning at seven thirty talked about a survey form that they are planning on sending to residents of the library district which includes Moreau, Queensbury and Glens Falls. MR. SALVADOR-Understands there are three issues. The issue of the location of new facility. The issue of the total cost of the facility. The issue of the financing. Questioned if these are being incorporated in the survey? SUPERVISOR BROWER-There is a comment section in the survey. MR. SALVADOR-The library should have this in place for adoption sometime in September when the budget process is starting noting this has to be included in the City budget. The legislation says that the municipalities can't alter the library budget questioned if this is being recognized? SUPERVISOR BROWER-Will take it into consideration. PLINEY TUCKER-4l DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the ten acres of land at Queensbury School. Noted the Queensbury School District has shown it as part of their budget questioned how the board is going to handle this. SUPERVISOR BROWER-The board had indicated if the school wanted to have the option to purchase the property they would have to put it on a referendum to the voters. If the voters want this then the land would be made available to the school. COUNCILMAN BREWER-Noted he thought it was an option that was opened up but were to discuss a joint venture as far as a recreational facility noting he doesn't have a problem giving it to the school because it could be funded federally. COUNCILMAN MARTIN-Noted he recalls the option was assignable we weren't purchasing it. We had the option in holding it if the school did come forth and say they wanted it then the option could be assigned to them and they would have the option. TOWN COUNSEL, HAFNER-Recalls that the board would consider possibly assigning it when the time came if the school was interested. Understands there has never been any resolution of the Town regarding it at all noting he doesn't want any implication that there has been. There were discussions would you be interested if the school were not noting they did research to find that it was assignable to them if the board desired. MR. TUCKER-We still have the option? COUNCILMAN BREWER-Yes. MR. TUCKER-It will all be done in public? COUNCILMAN BREWER-Absolutely. MR. TUCKER-Questioned what law firm the school attorney belongs to? ATTORNEY HAFNER-Bartlett, Pontiff. MR. TUCKER-Questioned if Town Counsel has heard from Mike O'Connor regarding property on Hudson River the five and a half acres that Hudson Point is suppose to give to the Town? ATTORNEY HAFNER-Noted he has spoken to him eight to ten times since has never discussed the topic. COUNCILMAN BREWER-Noted he believes the hold up is due to Niagara Mohawk being in transition and the State and Federal Government won't let them to anything until its done. MR. TUCKER-Questioned the Resolution Establishing New Capital Project Fund for Purchase of Vehicles. COUNCILMAN BREWER-Noted they have to have a mechanism to buy the vehicles. COUNCILMAN STEC-Noted maybe they shouldn't create the mechanism until they create a new plan. COUNCILMAN MARTIN-Thinks they should move forward should be ready to go for next year. P AUL NAYLOR-DIVISION ROAD, QUEENSBURY -Spoke to the board regarding the format of the budget process noting there are too many steps to go through as Department Heads noting you never have control of anything or get anything done noting this isn't the way it should be. DONALD SIP, COURTHOUSE DRIVE, QUEENSBURY-Spoke to the board regarding placement ofa traffic signal on Glen Lake Road and Route 9 noting in December a resolution was passed regarding a request for this light would like to see a resolution passed to get this done. COUNCILMAN MARTIN-Noted he thought they were waiting for the outcome of the Great Escape Environmental Impact Statement that had a traffic analysis in it, it may be them who pays for the traffic light. MR. SIPP- This won't be done this year? SUPERVISOR BROWER-It's a possibility. COUNCILMAN TURNER-When they first came before the board they reviewed the whole project they were going to in at that point and come back out at that point this is why the light is in the review. MR. SIPP-Noted in December resolution there was a request from the Warren County Highway Safety to request the Town to ask the State Department of Transportation to put a light there. COUNCILMAN MARTIN-Recommended asking the Planning Board to have that one particular intersection moved up earlier in the schedule. SUPERVISOR BROWER-Questioned how many residents in that area use the Municipal Center drive out to the light? MR. SIPP-As few as possible. You have to in the sununer there are times that you cannot get out of that intersection. COUNCILMAN BREWER-Recommended asking the State to look at this intersection. MR. SIPP-Noted to the south of the Samoset Motel the Glen Lake intersection there is a place, which is designated by the State as a feeding area for the Karner Blue Butterfly. PHIL RUSSELL, 21 OLD AVIATION ROAD-Asked the status of the abandoned buildings up at Aviation Mall. SUPERVISOR BROWER-Has had several meetings with the Aviation Mall their plans for those buildings are still not determined. COUNCILMAN BREWER-Noted he will be meeting with Bob Orlando on Friday will ask him. MR. RUSSELL-Asked the status of the connector road. SUPERVISOR BROWER-Nothing has happened with that. OPEN FORUM CLOSED 8:20 P.M. RESOLUTIONS RESOLUTION APPROVING SEQRA FINDINGS STATEMENT IN CONNECTION WITH VETERANS FIELD LIGHT INDUSTRIAL PARK RESOLUTION NO. : 177,2001 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. James Martin WHEREAS, the Town of Queensbury and City of Glens Falls are seeking approval for a series of actions leading to the development of the Veterans Field Industrial Park on an approximately 46.57 +1- acre site located east of Veterans Road, south of Sherman Avenue and north of Luzerne Road in Queensbury, such actions including the rezoning of portions of the property to Light Industrial and creation of a special zoning designation (Veteran's Field Light Industrial District) applicable to the entire project that will allow a simplified approval process for projects that meet certain site and environmental criteria, extension of infrastructure to the site by the City and Town and associated approvals by State Agencies, and WHEREAS, establishment of the Veterans Field Light Industrial District will allow industrial businesses complying with site requirements and environmental performance standards to construct up to 500,000 square feet oflight industrial facilities on approximately 46.57 acres ofland located along the western boundary of Veterans Road north of Luzerne Road and south of Sherman Avenue without requiring additional environmental or site plan review by the Town of Queensbury Planning Board, and WHEREAS, on or about December 6th, 1999, the Town Board adopted a Resolution indicating its desire to be designated as SEQRA Lead Agency for environmental review of the proposed action and authorizing and directing the Executive Director to notify all SEQRA Involved Agencies of the Town Board's desire to be Lead Agency, and WHEREAS, none of the SEQRA Involved Agencies objected to designation of the Town Board as SEQRA Lead Agency and the Town Board issued a SEQRA Positive Declaration requiring the Town and City prepare a Draft Generic Environmental Impact Statement for the Project, and WHEREAS, the City presented the Town with a Draft Generic Environmental Impact Statement and the DGEIS was reviewed by the Town Planning Staff, Rist -Frost Associates (RF A), Creighton Manning Engineers (CME), the Town's consulting engineers, and Town Board, and WHEREAS, in accordance with the rules and regulations adopted by the New York State Department of Environmental Conservation pursuant to SEQRA, the Town Board, by Resolution No.: 48.2000, accepted the DGEIS as satisfactory with respect to its scope, content and adequacy for the purpose of commencing public review, and WHEREAS, Resolution No. 48.2000 also established a public comment period and public hearing date concerning the DGEIS to satisfy SEQRA requirements, and a public hearing was held on February 15th, 2000 and all interested persons were heard, and WHEREAS, the City then presented the Town with a Final Generic Environmental Impact Statement (FGEIS) and the FGEIS was reviewed by the Town Planning Staff, RF A, CME and Town Board, and WHEREAS, the Town Planning Staff, RF A, CME and Town Board identified additional information that was needed in order for the FGEIS to adequately address issues raised at the public hearing and remaining issues of concern, and WHEREAS, a revised FGEIS was prepared and included discussion of the substantive comments received on the DEIS and responses to those comments, and WHEREAS, by Town Board Resolution No.: 443,2000, the Town Board accepted the revised FGEIS and authorized the Notice of Completion of FGEIS, and WHEREAS, a Findings Statement has been presented to the Town Board at this meeting and the Town Board has reviewed the Findings Statement and issues relevant to the proposed creation of Veterans Field Industrial Park, together with FGEIS documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby states that it has fully and carefully considered the proposed creation of the Veterans Field Industrial Park, the proposed action's impacts on the Town of Queensbury and surrounding area and the comments and recommendations of any involved and interested agencies and the general public, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms that the requirements of Part 617, New York Code of Rules and Regulations, Title 6 have been met and hereby determines that: 1. It has considered the relevant environmental impacts, facts and conclusions disclosed in the FGEIS; 2. It has weighed and balanced relevant environmental impacts with social, economic and other considerations; 3. It has provided a rationale for its decision; and 4. Consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable and adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board, as lead agency in assessing potential environmental impacts of the proposed development of the Veterans Field Industrial Park, hereby approves and adopts the Statement of SEQRA Findings presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to file this Resolution and Findings Statement as may be required by the SEQRA Regulations, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to review as to form any required notices and make any necessary additions or modifications to comply with the SEQRA Regulations. Duly adopted this 23rd day of April, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: Mr. Brewer ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER-Recommended pulling this until the City gets back to the Town. Noted they had a meeting in January that we were going to work together with the City to try to get the Empire Zone. Have talked about annexing this property from the City haven't heard anything from the city concerning a meeting regarding this. EXECUTIVE DIRECTOR, MR. ROUND-Doesn't know where the Town's negotiations with sewer are noting the Veterans Field Industrial Park EIS has been dormant because of that negotiation. Has approached the Supervisor, board members noting should complete the process. COUNCILMAN MARTIN-Recommended moving this its better than it be done because it establishes a record of the environmental review and assessment on this property. Noted this is not the Town of Queensbury Environmental Assessment this is the Town of Queensbury-City of Glens Falls Environmental Assessment. EXECUTIVE DIRECTOR, MR. ROUND-This doesn't provide leverage in that discussion thinks that discussion stands on its own. COUNCILMAN STEC-Asked if anyone on the board has received anymore information from the City of Glens Falls? COUNCILMAN MARTIN-Recommended moving the resolution. EXECUTIVE DIRECTOR, MR. ROUND-Noted there will be a resolution in May to adopt the Veterans Field Light Industrial Zoning Designation this will be the last action by the Town Board. The Planning Board will then entertain the subdivision approval and a model site plan approval hopes for this to be done no later than June. The City can start constructing the sewer connection immediately noting this will be a marketable site. RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTIES OWNED BY STEWART'S ICE CREAM COMPANY, INC.FROM LI-lA (LIGHT INDUSTRY - ONE ACRE) TO CR-15 (COMMERCIAL RESIDENTIAL -15,000 SQUARE FEET) RESOLUTION NO.: 178,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Queensbury Town Board is considering a request by Stewart's Ice Cream Company, Inc. to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No. 's: 136-1-9.1; 136-1-9.2; 136-1-10; 136-1-11 and 136-1-12 located at Big Bay and Corinth Roads, Queensbury from LI-lA (Light Industry - One Acre) to CR-15 (Commercial Residential- 10,500 Square Feet), and WHEREAS, on or about February 26th, 2001, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about March 27th, 2001, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about March 14th, 2001, the Warren County Planning Board considered the proposed rezoning and recommended approval of the application, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, May 7th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby properties owned by Stewart's Ice Cream Company, Inc. bearing Tax Map No.'s: 136-1-9.1; 136-1-9.2; 136-1-10; 136-1-11 and 136-1-12 located at Big Bay and Corinth Roads, Queensbury would be rezoned from LI -lA (Light Industry - One Acre) to CR-15 (Commercial Residential- 10,500 Square Feet) and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed rezoning after the public hearing at its May 7th, 2001 meeting. Duly adopted this 23rd day of April, 2001, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None ABST AIN:Mr. Martin DISCUSSION HELD BEFORE VOTE: ATTORNEY JOHN LAPPER-Spoke to the board regarding the proposal noting that it has gone to the County Planning Board and Town Planning Board both boards have recommended approval. Asked that a public hearing be set for the next meeting in hopes for approval. Noted the positive traffic benefit with having a convenience store and gas station on that side of the bridge with anyone coming from the West Side. RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY J&J MANAGEMENT ASSOCIATES, INC.FROM RR-3A (RURAL RESIDENTIAL - THREE ACRES) TO HC-lA (HIGHWAY COMMERCIAL - ONE ACRE) RESOLUTION NO.: 179,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Queensbury Town Board is considering a request by J&J Management Associates, Inc. to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 48-1-26 located at 3231 Bay Road, Queensbury from RR-3A (Rural Residential - Three Acres) to HC-lA (Highway Commercial - One Acre), and WHEREAS, on or about March 19th, 2001, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about April 17th, 2001, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about April 11th, 2001 the Warren County Planning Board considered the proposed rezoning and also recommended approval of the application, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, May 7th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby approximately 1.8 acres of the property under contract by J&J Management Associates, Inc. bearing Tax Map No.: 48-1-26 located at 3231 Bay Road, Queensbury would be rezoned from RR - 3 A (Rural Residential - Three Acres) to HC-lA (Highway Commercial- One Acre), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed rezoning after the public hearing at its May 7th, 2001 meeting. Duly adopted this 23rd day of April, 2001, by the following vote: AYES: Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner NOES :None ABSENT:Mr. Brewer DISCUSSION HELD BEFORE VOTE: ATTORNEY JOHN LAPPER-Noted it is only 1.8 acres that is being asked to be rezoned right along 149 the resolution says the entire property noting it would be better to clarify it. ATTORNEY HAFNER-Noted to add before the word property approximately 1.8 acres of the property. ATTORNEY LAPPER-Noted it says that it is owned by J & J Management it is actually under contract to J & J noting it is owned by the bank that foreclosed on the property. ATTORNEY HAFNER-Under contract. ATTORNEY LAPPER-This was also recommended by the Town and the County Planning Boards. RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT HILAND PARK GOLF CLUB RESOLUTION NO.: 180,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Cystic Fibrosis, has requested permission to conduct a fireworks display as follows: SPONSOR: Cystic Fibrosis PLACE: Hiland Park Golf Club DATE: Thursday, May 17th, 2001 TIME: 9:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law (405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of Cystic Fibrosis, subject to the following conditions: 1. An application for permit be filed which sets forth: A The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Bay Ridge Volunteer Fire Company, Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed 0 in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 23rd day of April, 2001, by the following vote: AYES: Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES: None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING LEAVE REQUEST OF SUSAN KUBIK RESOLUTION NO.: 181,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Susan Kubik, a part-time employee in the Town Wastewater Department, has requested Town Board approval to take one week off without pay following her wedding on September 29th, 2001, and WHEREAS, Town Board approval is necessary before an employee may take a leave without pay, and WHEREAS, the Town Board has carefully considered the circumstances of Ms. Kubik's request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Susan Kubik to take one week off without pay following her wedding on September 29th, 2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Wastewater Director, Town Comptroller and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of April, 2001, by the following vote: AYES: Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES: None ABSENT :Mr. Brewer RESOLUTION AUTHORIZING HIRING OF JOSH LOPEZ AS TEMPORARY, PART-TIME LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 182,2001 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Josh Lopez as a temporary, part-time Laborer to again work for the summer under the supervision of the Town's Cemetery Superintendent, and WHEREAS, Josh Lopez is the son of Michael Lopez, a Town employee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Josh Lopez as a temporary, part-time Laborer to work for the summer under the supervision of the Town Cemetery Superintendent at the hourly rate set forth in the Town's Agreement with the Civil Service Employees Association to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of April, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT:Mr. Brewer RESOLUTION APPROVING NEW FEE SCHEDULE FOR SERVICES PROVIDED AT PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO.: 183,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury Cemetery Commission has reviewed the fees presently being charged by the Town of Queensbury Pine View Cemetery and Crematorium for various services including lot purchases, cremation and refrigeration rental services and has recommended revisions to these fees, and WHEREAS, the Cemetery Commission has requested Town Board approval for the fee revisions, and WHEREAS, a copy of the proposed new fee schedule has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the new fee schedule for services provided at the Town of Queensbury Pine View Cemetery and Crematorium as delineated in the new fee schedule dated April 4, 2001 from the Queensbury Cemetery Commission and presented at this meeting, and BE IT FURTHER, RESOLVED, that the new fees shall take effect as of May 1st, 2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Cemetery Superintendent to take any and all action necessary to effectuate the new fee schedule and all terms of this Resolution. Duly adopted this 23rd day of April, 2001 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES None ABSENT:Mr. Brewer RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 184,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, and WHEREAS, the Queensbury Town Board has set the Year 2001 employee salaries and so appropriations need to be adjusted accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2001 Town Budget as follows: CEMETERY: FROM: TO: $ AMOUNT: 02-8810-2899 Construction) 02-8810-4400-11 2,500. (Misc. Capital (Contractual) HIGHWAY: FROM: TO: $ AMOUNT: 04-5130-4820 (Uniforms) 04-5110-4820 (Employee Uniforms-LAB MEO, WF & HEO's) Duly adopted this 23rd day of April, 2001, by the following vote: 1,000. AYES Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING PURCHASE ORDER FOR EXPENSES ASSOCIATED WITH CLEAN HARBORS ENVIRONMENTAL SERVICES, INc.'S COLLECTION OF HOUSEHOLD HAZARDOUS WASTE RESOLUTION NO.: 185,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 385.2000, the Queensbury Town Board awarded the bid for the furnishing of all materials and performing all work necessary for the collection and disposal of household hazardous waste in connection with the Town's Hazardous Waste Day to be conducted on Saturday, May 12th, 2001 to Clean Harbors Environmental Services, Inc. (Clean Harbors) for the amount of $2,250 for the site set-up fee and at the collection rates outlined in the bid package submitted to the Town Purchasing Agent, and WHEREAS, the Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Purchasing Agent has requested Town Board authorization to process a purchase order for Clean Harbors in the amount of $20,000, such amount including $2,250 for the site set- up fee and $17,750 reflecting the estimated cost of collecting and disposing of the Town's household hazardous waste in accordance with Clean Harbors' collection rates schedule presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to process a purchase order for Clean Harbors in the amount of $20,000 from Account No.: 910-8160-4245, such amount including $2,250 for the site set-up fee and $17,750 reflecting the estimated cost of collecting and disposing of the Town's household hazardous waste in accordance with Clean Harbors' collection rates schedule presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent and/or Town Comptroller's Office to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of April, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT:Mr. Brewer RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #128 - VEHICLE PURCHASES RESOLUTION NO.: 186,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 170.2001 the Queensbury Town Board authorized the purchase of several vehicles previously approved in accordance with the now abolished Central Fleet Internal Service Fund, and WHEREAS, the Town Board wishes to establish a Capital Project Fund to fund the vehicle purchases, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as "Vehicle Purchase Capital Project Fund # 128," which Fund will establish funding for expenses associated with the purchase of vehicles authorized by Town Board Resolution No. 170,2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #128 in the amount of $155,703.27, the source of funding to be as delineated in Resolution No.: 170,2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Comptroller's Office to transfer funds, amend the 2001 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 23rd day of April, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING EXTENSION AND MODIFICATION TO INTERMUNICIPAL LEASE AGREEMENT WITH WARREN COUNTY FOR USE OF HIGHWAY DEPARTMENT SHOULDER MACHINE EQUIPMENT RESOLUTION NO.: 187,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 241,2000, the Queensbury Town Board authorized an Intermunicipal Lease Agreement with the Warren County Department of Public Works (DPW) concerning the DPW's rental of the Town Highway Department's shoulder machine equipment, and WHEREAS, the Town and DPW have negotiated terms to extend and modify the original Intermunicipal Agreement in accordance with the provisions of Highway Law ~ 117 and ~ l42-d, and WHEREAS, by Resolution No.: 129 of200l, the Warren County Board of Supervisors authorized the extension to the Agreement, and WHEREAS, a copy of the proposed Extension and Modification Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Extension and Modification to the Intermunicipal Agreement between Warren County and the Town of Queensbury concerning the lease of Town Highway Department shoulder machine equipment as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Extension and Modification Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of April, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH WARREN SNOWMOBILE CLUB FOR MARKING AND GROOMING OF SNOWMOBILE TRAILS RESOLUTION NO. 188,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury wishes to enter into an agreement with the South Warren Snowmobile Club for marking and grooming of snowmobile trails, and WHEREAS, a proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the South Warren Snowmobile Club and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 23rd day of April, 2001, by the following vote: AYES Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT:Mr. Brewer DISCUSSION HELD BEFORE VOTE: COUNCILMAN STEC-Noted that the Town received a Sununons and Complaint regarding a snowmobile accident. Noted he is satisfied with the changes and in the snowmobile agreement. TOWN COUNCILMEN'S CONCERNS SUPERVISOR BROWER-Spoke to the board regarding the Free Tire Day that was held last Saturday noting that it was successful accepted 2,800 tires that this is part of the Town's effort to combat the West Nile Virus threat. Noted it is now recommended that communities do not spray unless they find many birds in a concentrated area then and only then is it recommended that we would take action to spray. COUNCILMAN MARTIN-Spoke to the board regarding the property on Greenway North. Proposed for Workshop discussion to find out what needs to be done to get this on a referendum to buy the property. SUPERVISOR BROWER-Noted his concern for being a dangerous precedent for the Town to purchase this particular parcel noting he has encouraged citizens of the area to conduct a Fundraising Campaign in the Town in an effort to raise funds from concerned citizens in an effort to purchase this property. EXECUTIVE DIRECTOR, MR. ROUND-Noted the 9-254 Intersection improvements will go to scoping in October of this year. COUNCILMAN STEC-Noted he supports Councilman Martin's proposal noting he thinks this is a unique situation of Town wide interest. Questioned the time frame for putting this on the ballot? ATTORNEY HAFNER-I will do memo to board before next Town Board Meeting. COUNCILMAN MARTIN-Spoke to the board noting Bay Ridge Fire Company is present had an issue about their contract. Understands there are some amendments that are under consideration noting a public hearing needs to be scheduled to amend the contract. ATTORNEY HAFNER-There have been on going negotiations between the Town and Bay Ridge. The last few issues were put into a memo the beginning of April asking for board input. To send board members another copy tomorrow will ask to make decision. Noted public hearing needs to be held Paul Pontiff, Attorney for Bay Ridge Fire Company asked to have a public hearing scheduled for the second meeting in May. COUNCILMAN STEC-There is the lease issue one-year verses three years. The other one is the vacancy date noting he doesn't have a problem with either one of them. COUNCILMAN BREWER-Noted he doesn't have a problem with either one of them. COUNCILMAN MARTIN-The lease term should be like we treat every other company. COUNCILMAN STEC-Noted he doesn't have a problem with the date of April 1st, if they wanted to vacate instead of sometime in January. COUNCILMAN BREWER-Recommended when they get the firehouse done is when they vacate. ATTORNEY HAFNER-Noted the board agrees with April 1, questioned if they agree with the three-year lease or the one-year that Henry suggested? COUNCILMAN STEC-Understood these leases were for office equipment. COUNCILMAN MARTIN-Three years is fine. ATTORNEY HAFNER-Questioned if everyone was in agreement? COUNCILMAN BREWER-Yeah. COUNCILMAN STEC-Yes. COUNCILMAN MARTIN-It's okay to set the public hearing next time. ATTORNEY HAFNER-Noted a resolution to set the public hearing will be ready for the next meeting recommended having a resolution approving the contract. COUNCILMAN MARTIN-Noted he would like to have a resolution for the contract at that meeting. COUNCILMAN STEC-Noted the Town is considering abandoning a portion of Clifford Avenue down off of Warren Street. Spoke to the board regarding the letter that was sent to the Mayor of Glens Falls proposing two dates to have next schedule quarterly meeting asked if the Mayor has responded or set date? SUPERVISOR BROWER-Received no response. COUNCILMAN STEC-Recommended picking a date and setting it. Spoke to the board regarding Crandall Library noting the three municipalities should be getting something back from the library. A resolution was agreed to that we would draft and accept the terms of how to count the vote noting this needs to be closed out. Spoke to the board regarding Bay Ridge Fire Department noted he has no problem with any resident or taxpayer of the Town of Queensbury ever contacting him for any purpose especially volunteers who interest in pubic safety. COUNCILMAN TURNER-Spoke to the board regarding a drainage problem at Butternut and Cobblestone development noting he has spoken to the Highway Superintendent he will be looking at it to see what can be done. COUNCILMAN BREWER-Noted the light at Van Dusen Road is up. Asked board members if West Glens Falls Fire Company could come to the April 30th, meeting for fifteen minutes? COUNCILMAN MARTIN-Fine. COUNCILMAN TURNER-Yes. COUNCILMAN BREWER-Spoke to the board regarding Queensbury Forest noting the holes in the ground from the water to contact Tom Nace. Asked Supervisor Brower to contact Comptroller Hess regarding the money. EXECUTIVE DIRECTOR, MR. ROUND-Spoke to the board regarding the April 30th meeting to be held regarding the Noise Ordinance noting the Draft Ordinance has been distributed to people who have expressed an interest in it previously. Noted both Town counsel and himself has participated in several workshops with the Sheriffs Office with Town Justice with our consultant. Feels that this ordinance is responsive to the results of the workshops and to board members suggestions. The decibel base was dismissed as the suggestion of the Town Justice and the Warren County Sheriffs Office because of the complexity in enforcement and because of the limited results that they felt that we would achieve through that. On April 14th meeting to be held regarding the Captial Plan noting the importance of the meeting this is the link between long term planning and the budgetary process. Spoke to the board regarding the Smart Growth Conference noting there is a round table discussion will be held Thursday evening by the Citizen for Queensbury. COUNCILMAN BREWER-Spoke to the board regarding a news article from NATAT regarding fire grant programs recommended sending a copy to every one of the fire companies not as an insult but something to look at. COUNCILMAN MARTIN-Spoke to the board regarding the Smart Growth Conference noted Patricia Salkin who is with the Albany Law Center noted that Euclidean zoning like we have in place today and is in the new zoning ordinance is contributing to sprawl not stopping noted these are the types of things that need to be looked at. SUPERVISOR BROWER-Spoke to the board regarding a luncheon he had with Moreau Supervisor Harry Guthiel and Wilton Supervisor Roy McDonald noting they discussed the possibility of their interest in Queensbury water. COUNCILMAN BREWER-Spoke to the board regarding the Glens Falls Symphony Orchestra holding a concert on the July 4th, at Crandall Park noting the City has agreed to donate money, VFW has agreed to donate money. Asked the board if the Town would be willing to donate equal as the City has? TOWN BOARD-In agreement. SUPERVISOR BROWER-Spoke with representatives from the Queensbury VFW Post noting they have always participated in the Glens Falls Parade and will continue this year, but have already contracted with some bands and will continue to have the Queensbury Parade in the evening. ATTORNEY MATTERS TOWN COUNSEL BOB HAFNER-I have been negotiating with the City of Glens Falls forever, it has gone through periods of excitement and then long time waiting for them to get back. Most recently we wrote to them on I think it was March 9th and I gave you guys all copies of that not too long ago and we asked for certain information that the Town Board needed in order to go forward to figure out what the numbers meant. What would it mean to Queensbury people if we had a new sewer deal? They have not provided that to us yet. We had asked two questions they provided us information about one but not about the more important numbers one. We have had at least four phone calls if not five with the people involved, with Bob Morse, I think I talked to him three times and Mike O'Connor who is trying to help the City with this, has talked to me twice. They both said, Dennis you will recall me telling you before you went away on vacation last week, that they both said that they expected us to get something the Thursday bfore you went on vacation, that is two Thursdays ago. They have both, last week acted surprised that we had not gotten that yet but they still say that the Mayor is close and we should be getting it shortly. They have been pushing for having a meeting immediately and after conversations which I have received from at least some of the Town Board Members and you Dennis, we have told them that we need to have the information that we asked for and have a week to analyze it. To let Mike and Ralph and Henry do the things that they do to figure out what it really means. So, that is where we are as soon as we get that you will know. COUNCILMAN MARTIN-Why don't we have Bill Thomas make the request? SUPERVISOR BROWER-Bill Thomas is aware of our lack of progress. COUNCILMAN MARTIN-That is what I mean so lets have him make the request now. COUNCILMAN BREWER-You know for the life of me I still cannot understand we had it all spelled out what we were going to do, seventy five cents a gallon, COUNCILMAN STEC-We shook hands and posed for pictures, January 4th. COUNCILMAN BREWER-unlimited capacity, it is not brain surgery, I do not understand. SUPERVISOR BROWER-The real key though Tim is the way the O&M is being calculated, we want to make sure we understand how the City interprets their calculation of 0& M we want to review how that would effect our existing users and future users as far as the costs, is it less, more or the same? COUNCILMAN BREWER-I thought we put that into the agreement that it was going to SUPERVISOR BROWER-There is some discussion over how that is going to be calculated. COUNCILMAN STEC-I think the word would be shell games, shell games, right that is the vogue term. SUPERVISOR BROWER-Once we know then we will be able to determine if the deal as originally outlined is good for Queensbury or not good for Queensbury. COUNCILMAN BREWER-Well then we are backing out on our word, maybe they can blame some lies on us, we agreed to a certain price. SUPERVISOR BROWER-Tim if you are saying that wanting to know the cost of the agreement is not a good idea, I disagree with you. COUNCILMAN BREWER-I did not say that, Dennis. I say it is a bad idea that we agreed on January 4th to do something and now we are saying we do not know if we want to do it, that is what I am saying is a bad idea. COUNCILMAN STEC-Well, they are changing the way that they calculate and what we would said we would pay. COUNCILMAN MARTIN-Do you think that is a good idea to make the request of Bill Thomas to have him request a meeting? EXECUTIVE DIRECTOR ROUND-Dennis, I do not know did he comment on that today during our? SUPERVISOR BROWER-I talked to him briefly about it after our meeting. I had a meeting a brief meeting with, on the Exit 18 Corridor with Bill and a few County Supervisors and to just re-emphasis our feeling that, the critical importance this corridor is going to be and the fact that we want to see it designed in an appropriate way and Bill was in pretty much full agreement with that and indicated he would make sure that we have more frequent meetings with Bill Lamy and that there is a greater coordination of effort. But, the sewer agreement was discussed briefly. COUNCILMAN MARTIN-Do you think you should ask Bill to call a meeting, Bill Thomas call a meeting? SUPERVISOR BROWER-We do not want to have a meeting before we have numbers and Bill understands that, he was a bit surprised that we haven't received the information we asked for too. COUNCILMAN MARTIN-All I am saying is to have Bill make the request that we would like to have a meeting like say like next Wednesday and we expect you will have your numbers by then. SUPERVISOR BROWER-We wanted to have it before, we want to have the numbers before the meeting so we can analyze and determine what it means to Queensbury. COUNCILMAN MARTIN-Alright then have Bill make the request that the numbers be done by such and such a date and SUPERVISOR BROWER-I think that is a good idea actually, because Bill is the one that came to the table with the agreement. COUNCILMAN MARTIN-That is what I mean. He is the guy quite frankly who has all the leverage in this because he has got the three hundred thousand dollars a year that they all want so bad. They understand that language. SUPERVISOR BROWER-Anything to add further Bob? TOWN COUNSEL HAFNER-That is all that I thought that I had to report on. SUPERVISOR BROWER-So, we are hoping to hear from the City, I plan on contacting the City tomorrow and seeing if the Mayor has chosen one of the two dates that we have proposed and COUNCILMAN STEC- They are both past, unless you have proposed two more, they were the tenth and the eleventh. SUPERVISOR BROWER-Of course but he may have a date in mind that, I assumed that he did not agree with either of those dates. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 189,2001 INTRODUCED BY: MR. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 23rd day of April, 2001, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES: None ABSENT:None On motion the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury