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2002-06-17 REGULAR TOWN BOARD MEETING JUNE 17TH, 2002 MTG#30 RES#258-276 6:30 P.M B.H.#37 L.L.#3 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT, CHRIS ROUND COMPTROLLER, HENRY HESS DIRECTOR BUILDING & CODES, DAVE HATIN DEPUTY WASTEWATER DIRECTOR, MIKE SHAW PRESS POST STAR Supervisor Brower-Noted tonight's meeting was scheduled for six thirty for Executive Session noted that the item to be discussed for Executive Session was not appropriate for Executive Session after further discussion it was the decision of the board to start meeting at seven o'clock first item to be discussed will be the Warren County Empire Zone. Supervisor Brower opened meeting. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR Supervisor Brower-This discussion relates to the Empire Zone designated properties noted a resolution is on the agenda this evening regarding this noting some of the properties will be additions to Queensbury some will be subtractions from Queensbury. The County applied for an Empire Zone some time ago and was successful in obtaining it this year. The Empire Zone provides benefits to designated businesses that met criteria of the Zone Administrative Board. There is a separate Zone Administrative Board composed primarily of private businessmen that hold meetings generally once a month noting they change zone designations once a year. There is a bank of property that is retained in a bank that is not designated to any properties for future utilization. The Empire Zone has great impact on potential businesses that want to either locate here or existing businesses that would like to expand here in the Town of Queensbury and in Warren County. Tonight we are dealing with businesses that strictly wish to expand in the Town of Queensbury. MAUREEN DONOVAN, WARREN COUNTY ECONOMIC DEVELOPMENT CORPORATION, WORKS FOR THE WARREN COUNTY ZONE ADMINISTRATIVE BOARD-The Warren County Zone Administrative Board is a legislative body under New York State General Municipal Law Section 957E. I will just read from it so you know what it is. The law states that the Zoning Administrative Board is the entity designed by the applicant community in our case the applicant community for the Empire Zone is Warren County; it was the entire county not just the Town of Queensbury. That is responsible for monitoring, evaluating and coordinating economic development zone, benefits and boundaries on behalf of the applicant. The Board shall have at least six members and include a representative from a local business, organized labor a community organization a financial institution a local educational institution and a resident of the Empire Zone. That applicant community determines the manner in which the Board Members are selected. So, this past February the Warren County Zone was awarded in December of 2000, this part February they seated a Board and then that Board hired the organization that I work for to be the administrative arm to thern. So, I am here on behalf of that Board with a resolution that they put forth. The Board can constantly review applications from businesses that wish to receive zone benefits, businesses that wish to come to the area or businesses that are currently here that want to expand. The Zone Board has reviewed in the past three months applications from a handful of businesses in the Town of Queensbury they have also reviewed the boundaries of the Zone in the Town of Queensbury. In order to revise the boundaries of the Zone they must get a concurring resolution from the municipality in which those boundaries are being revised. So, that is the resolution that you have before you there. I can walk through the resolution and tell you what it entails and what business it entails. In the year 2000 the Town of Queensbury passed a resolution for the original property that was included in the Empire Zone, that was approximately three hundred and fifty acres of developable industrial land and specific properties that we worked with the Planning Department for the Town of Queensbury on that was included in the application. Just a few months ago the Town of Queensbury passed another resolution for inclusion of Angio Dynamics a project here in the Town of Queensbury that is tripling their size for zone benefits. They are due to break ground in the next month on that project. This resolution calls for the following changes, if you go down the list, I will start at the bottom and work my way up because it is easier to explain some of the deletions. The deletion of four point eight acres of Northway Plaza, Northway Plaza was originally included in the Empire Zone because there was a plan to expand over there for Class B and Class A office space, which is a goal of the Zone Administrative Plan to bring jobs to the Town of Queensbury. They are no longer going to expand for Class A and Class B Office space. There is a different project that is going in there so the Zone Administrative Board has suggested that, that property come out of the Empire Zone. There is also two parcels in the Warren, Washington Airport Industrial Park that are now part of the runway protection zone and are un- developable. So, the Zone Administrative Board has suggested that those two parcels be removed from the Empire Zone. The addition of point seven seven acres that parcel is a machining company in the Town of Queensbury that is going to build a new facility and double the size of their employment. That company meets the requirements of the Zone Administrative Plan and the Zone Board has suggested that they be included in the Empire Zone the name of that company is Seelye Machine. The addition of nineteen point five acres, this nineteen point five acres and the deletion of ten point three acres are both at Veterans Fields at the time that the map was done with the original application there was an error in the parcel that was selected for Veterans Field. So, we have pulled one of the wrong parcels this is a correction of that putting the correct parcel in taking the wrong parcel out. Unknown-So that parcel remains forty acres? Ms. Donovan-That remains forty acres at Veterans Field, which is in. The addition of fourteen point seven acres, those are properties belonging to CR Bard I am not at liberty to discuss any kind of business plans that, that corporation but the Zone Board did think that they were worthy of being put into the Empire Zone. The addition of five point eight acres, these are parcels along Main Street where the road is being widened they are parcels that are not in great shape that the Town of Queensbury through their planning process would like to be able to get some development done there and they think this would be a tool in which to solicit some development to those parcels. The addition of fifteen point five two acres is developable parcels at the Great Escape. It is some of their sites where they have slated for a hotel development across the street and some parcels where they are going to do an upgrade to their energy and also the pedestrian walkway and some additional rides. The Zone Board also approved that in the May meeting of the Warren County Empire Zone. Basically what happens here is the Zone Board asks the Town of Queensbury to take a look at this resolution and if they would like to pass it they can pass it if they don't want to pass it they don't have to pass it. But, the State law is very clear that there has to be a concurring resolution from the municipality in which the Zone Board would like to make changes. Supervisor Brower-Questions, Tim? Councilman Brewer-I am not here to question what the Empire Zone Board does or not does or does, whatever the problem that I had with this is we have got a resolution, with several different parcels on it I do not know where the parcels are, I don't, I have not seen a lot ofthern. You are taking away, putting back and I understand how that works. My only concern is if you need this board to do that as well as the City any other Town shouldn't we receive some kind of a map so that we know what we are voting on? That is my big concern and I understand the reason for not wanting everybody in the whole town to know because of prices and such, I just think it is only fair that this board should know what we are voting on. If we are voting on something we ought to be educated about what we are voting on and I did not see that happen when this first took place. I arn. .blaming you or whatever. Ms. Donovan-We met with Dennis and went over that information so I was hoping, normally what we do is meet with one person and then the information get disseminated. Councilman Brewer-But are there no maps? Ms. Donovan-There is a map right here that you can take a look at. Councilman Brewer-That shows us what was taken out and what you are putting in? Ms. Donovan-Yes. Councilman Brewer-But this is the first that I have seen it. Councilman Boor-You have not seen it yet. Councilman Brewer-I am about to I guess. That is all I have for right now I just wanted to look at this map... Supervisor Brower-Ok. Any other questions? Councilman Boor-Yes, I have a few. Supervisor Brower-Roger? Councilman Boor-This committee that is made up of six businessmen, business people, who are they? Ms. Donovan-The Board is, let me just look back, local business representative is Michael Hoffman, owner of Holiday Turf Inn in Lake George, the Organized Labor representative is Phil Tucker and I do not know the exact name of his Union, I am sorry but he is an organized labor representative. The community organization representative is Paul McPhillips he is on the Board of the Woolworth Theater project in Glens Falls, the Financial Institution if Tom Hoy, President of Glens Falls National Bank, local educational institution is Allen Redeker he is the President of Glens Falls Lehigh Cement but is also on the Board of ACC a resident of the EDZ is I believe that is Bill Capon fills that position there. He lives in the Town of Queensbury, the Chairman of that Board is Larry Bennett the Law requires that the Chairman of that Board also be the Chairman of the standing committee for economic development for the County and there are two at large seats, one is John Michaels of the Michaels Group the other at large seat is not filled but the County could appoint a person to that seat if they so chose. Councilman Boor-You mentioned Class A and Class B what are they the ones that were eliminated because that was office space? Ms. Donovan-Yea. Class A Office space is high quality office space the CNA building is Class A Office space, Class B Office space is normally is what is used for a back office operation. Class B Office space I would call is where Travelers is located, Class B Office space. We are under the impression that in the application process those properties would be converted to Class A and Class B office space and since they were not they are sleighed to be removed if the Board sees fit. Councilman Boor-I have some problems not only with the substance but also of the form. I think I am going to start with the form, because that is the most generic. It is my understanding and correct me if I am wrong that we are voting on this as a package not as individual properties. Ms. Donovan-That is correct. Councilman Boor-So, if I have a conflict of interest with one of these I am precluded from voting on this entire thing? Ms. Donovan-That is correct. Councilman Boor-Do you think that serves the public well? Ms. Donovan-We are just following what is in the New York State Law. Councilman Boor-No, it is a question. Ms. Donovan-I am not here to formulate an opinion on that Sir. Councilman Boor-So, you have no opinion. Ms. Donovan-I don't, no. Councilman Boor-As far as substance, I am going to stick with one, there are a couple of them actually, since now I know what these are and I find it a little bit disconcerting that we are here to vote on a resolution and this is the first time we see the map. I got this late Friday afternoon, but the time I realize I was going to have to look stuff up I did not have access to it. So, if I am going to do my, the people that elected me the service that they deserve I need to look at the study to make sure that I am making the right decision. The notion that I can go to work on Monday morning and have a full understanding of every one of these and vote on it tonight I think is absurd. The pressure I have gotten from my Supervisor is that this needs to be done. I have a real problem with that. You have had plenty of time to get this information to us and to educate us as I would like to educate my constituents and you have put me in a position where I am supposed to vote on something that I know absolutely nothing about. I won't do that. Furthermore if we look at the first one, which is the Great Escape, I have a very hard time understanding why that would receive Empire Zone Status. My understanding is that tourism is to bring dollars into the community and what I am seeing here is that Queensbury which is a part of New York State, which pays New York State taxes is expected to pay people of New Hampshire, Vermont, Connecticut, Massachusetts, Philadelphia, Penn., Ohio we are supposed to pay with our tax money to bring these people here? That seems just the opposite of what tourism is supposed to do. Tourism is supposed to bring dollars here I do not want to see our taxpayers our tax dollars go out of the community to bring people here for a free ride. So, I have a serious problem with the Great Escape, furthermore if I understand you correctly they want to include the motel. I am almost positive that in that motel when they charge somebody to stay there they are going to include admission to the park. So, they are not going to be paying tax on thirty-two dollars when they stay at that motel. If you stay at another motel you are going to be paying that tax. I think that is unfair I think they already get a tremendous benefit I mean anybody that has read the paper is aware of what is going on there if there is anybody that doesn't need an incentive, if there anybody that isn't in financial trouble it is the Great Escape. I think that this parcel plus the motel is how many years out it's not even in Phase I of the construction for the Great Escape. If we're allotting these parcels on a yearly basis why are we giving something that's three years out Empire Zone designation now that's a waste of resource. This is the worst of politics right here and this is poor public service just pure and simple, you know shame on you I'm senous. Supervisor Brower-Roger, I think that's your opinion. Councilman Boor-It is my opinion Dennis. Supervisor Brower-I know you and I disagree greatly on this subject. Councilman Boor-We do and I have as much time at the microphone as you do. Supervisor Brower-We've had extended discussions in my office you totally disagree with me, but I would like to share with the board why I support. Councilman Boor-Can I finish my questions, please. Supervisor Brower-No. Councilman Boor-Do I have my time. Supervisor Brower-You weren't done. Councilman Boor-I don't believe I was. Supervisor Brower-In that case go ahead. Councilman Boor-I'll tell you what Dennis go ahead I'm done, thank you. Supervisor Brower-Go ahead. You had other questions you said. Councilman Boor-I'm going to vote no on this Dennis for the very reasons I gave you. I might have a conflict of interest with one of these so I can't vote on it so you might as well know ahead of time how I will be voting. Supervisor Brower-I thought you would be voting no on it based on our discussions, but I thought it was mostly the Great Escape situation. Ms. Donovan-Supervisor Brower if I could just make a comment. I'm not here to convince the board whether or not they should vote on it I just presented a resolution on behalf of the Zone Administrative Board I'm a paid employee for that organization. I don't have any benefit or influence as to whether or not these businesses get in. Councilman Boor-My apologies. Ms. Donovan-I'm just here to present that resolution. I don't make law or legislation we're just following some guidelines from State book here on how to administer this prograrn. Councilman Boor-If I personally offended you I apologize. Supervisor Brower-May I ask a question? If our board was not to pass this resolution can I assume none of these properties would become part of the Empire Zone. The implication of that is there would be no incentive for these businesses for these businesses to necessarily expand in our community potentially? Ms. Donovan-Potentially. Councilman Brewer-We could change these right we could change the resolution if we had, too? Ifwe had a particular problem.... Supervisor Brower-These were all approved by the ZAB. I think if we had a problem with parcels I have to go back to the ZAB board for further detennination. Ms. Donovan-That's correct. The General Municipal Law, 957E, dictates that the Zone Administrative Board makes a proposed change based on businesses that they met with that the propose change comes here. If there is issues that you all have with those changes the Zone Board meetings are public you are certainly welcomed to attend one of them and to talk to the Zone Board about it. Councilman Brewer-When does this have to be done? Councilman Stec-That was my question are we up against some sort of time length? Ms. Donovan-All of the different townships put their resolutions forward at the same time. Will be changing the local law that oversees all the changes for the entire County in Wednesday Board of Supervisors Meeting. We're allowed to do this once a year if there is an issue with these it certainly could be held and discussed later in the year for the next round of boundary amendments. Councilman Brewer-Ultimately if we say no tonight then we make the whole county suffer? Ms. Donovan-No, just Queensbury. Councilman Brewer-Just Queensbury. Ms. Donovan-The rest of the Counties resolutions have gone through and they are in the process of being changed in the local law for the County now. The time frame with getting them to Wednesday is that there are live projects in other communities that are ready to go. Supervisor Brower-Any further questions for Maureen at this time? Councilman Turner-The Great Escape you had walkway, rides, and what else? Ms. Donovan-On the map there I believe it's the pedestrian walkway they are slated for a number of new rides, which I think everyone is aware of based on their GElS. Then they have to build a new energy substation on the facility, which is covered, in that as well as the parcel across the street. Also when the Zone Board looks at these projects that have to meet specific criteria that is in the zone administrative plan, which is the application that each of the municipalities and the county endorsed two years ago. That zone administrative plan they have to meet specific job creation requirements, job retention requirements and capital investment requirements. The benefits of the Empire Zone only go to these businesses if they follow through on those requirements. There isn't, there is no exchange of dollars what this is, is credits on New York State return so they are only getting those credits if in fact they are creating the jobs that they committed to, and making the capital investment that they have committed to make. Councilman Brewer-Hypothetically if we grant this today a year from now if they do not do any performance then we can change it again. Ms. Donovan-That is correct we can take anyone who hasn't the local guidelines that the zone board has set up that if they approve a business and within an eight month period of time have not completed the work on expanding that business or started then that land gets taken back and put in what is called the County's land bank for future projects. Councilman Stec-What do you considered started? Ms. Donovan-A shovel has to go into the ground; they have to have made significant efforts toward making the expansion. Councilman Brewer-You see I think that is the confusion I have with this whole thing, if we were made more knowledgeable about this whole thing, I mean everybody was you know trying to do whatever they could do to get this empire zone now we have got it and we do not know what to do with it because we do not know anything about it. Ms. Donovan-We would be happy the Zone Board would be happy to set with the Town Board here we have done that with the Common Council with the City of Glens Falls we have also done that with the Warren County Board of Supervisors. If the Town of Queensbury Board would like the Zone Board to come and make a presentation on exactly how the program works when we got the program exactly what other Counties in New York State are in the program I am sure that they would be happy. Councilman Brewer-See if other communities have done it, we haven't and we have failed on our part. Ms. Donovan-We would be happy to come and do that; I can talk to them about scheduling something of that nature. Councilman Brewer-Imagine us admitting that we did something wrong? ... The blame is on us actually to an extent. Councilman Boor-Well if we do not get it until Monday and we are supposed to vote on it by Wednesday, I do not think that the blame is on us. Councilman Brewer-What I am saying is if we are going, if we do this if in eight months they haven't performed to those standards then we yank it out. Councilman Boor-We don't. Councilman Brewer-Well, we can because we just don't agree with it next year... Councilman Boor-That is something we want to look at we need a little more education. Supervisor Brower-I just like to talk about one of the many applicants here the Great Escape. I know there has been some discussion about the Great Escape expansion, however, I see the addition of a new hotel the possibility of year round jobs for a community enabling them to upgrade their power substation and benefits from reduce tariffs on the transmission portion of the power bill as a result of the Empire Zone as well as the potential for new investment in the park as far as rides the upgrades that they've already been documented clearly from our Planning Board over the past year. I think those economic incentives will enable six flags to commit in their budgetary process this year to an expansion of the park at least that's my hope that they will start that expansion process as well as other businesses that are here in our list. Other than the Great Escape most of the other parcels other than Main Street are light industrial manufacturers. In the case of BARD it's the medical device manufacturing company in the case of Seeyle Machine they make parts they are a machine shop and they want to double their expansion and increase year round full-time jobs in both of those facilities. I really view this to be positive economic development for our community the type of economic incentive that push this board to create sewering in the Town of Queensbury to enable expansion in the location of light industrial manufacturing facilities within our town with our borders and I think this is very consistent with that effort. Councilman Boor-Dennis if I might add one thing since you brought it up. Let's not forget the sewering and that Queensbury lost two percent of their tax to Glens Falls for that very sewer so that the Great Escape could expand. Please think about how much we give to keep them here. When you say they are making a capital improvement on their rides please remember that those aren't assessed in their taxes. You sight these improvements but the Queensbury citizenry does not benefit from these improvements the Great Escape benefits from them. We do not derive income it does not off set EMS costs, it does not off set fire department costs, and it does not off set road.... Supervisor Brower-I don't understand that because they pay special fire and EMS taxes. Councilman Boor-The appropriate amount? Supervisor Brower-They are the second largest assessed property in the Town of Queensbury. Councilman Boor-And they are under assessed. Supervisor Brower-They paid EMS and fire protection taxes. They pay school district taxes to Lake George. They bring in nine hundred thousand visitors many of which are from New York State, but many of which are not from New York State so they are bringing in money from outside the community so that it can be reinvested spent here and reinvested on our own community you have a multiplier effect within the community. I really think it's a positive example of economic development for our region. Warren County's number one industry is tourism Great Escape is very responsible for the fact that tourism is number one in Warren County. Councilman Boor-It would be nice if they paid their share. Supervisor Brower-I think I know what you are referring to as far as the sales tax on tickets you know that is an issue that the New York State Sales Tax Department is ultimately responsible for deciding. Councilman Brewer-That's a separate issue. Supervisor Brower-That's a separate issue and it's not consistent with tonight's discussion Maureen do you have anything you like to add? Ms. Donovan-I don't. Supervisor Brower-Any further questions for Maureen at this time? Hearing none I just want to thank you for being here tonight. If you want to stick around if there are further questions before we vote on this it be great. Thank you very much. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLUTION NO. 258,2002 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and moves into the Queensbury Board of Health. Duly adopted this 17th day of June, 2002, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone HEARING CONCERNING PROPERTY OWNED BY BURT QUACKENBUSH LOCATED AT 9 OHIO AVENUE Director of Building & Codes, Dave Hatin-At the last board meeting you passed a resolution authorizing me to hire somebody to clean up the property. We were able to allow the building and grounds crew to go over there and do that at no cost to the Town. The property was cleaned up I tried to get in touch with the bank and was unsuccessful actually I got the run around from the bank that I did call to a point where I couldn't get anybody and the property didn't show up on their records as of yet. Right now there is no immediate hazard the inside of the home doesn't appear to be a problem the outside was a real issue that's been taken of care of by the grounds crew. I would say right now unless the owner is here we have no issues at this time with the property. WILLIAM UNDERWOOD SEWER VARIANCE DISCUSSION HELD WILLIAM UNDERWOOD AND DENNIS MAC ELROY AGENT PRESENT Dennis Mac Elroy, Environmental Design Partnership representing Mr. Underwood on his sewer variance request. As I understand the situation Bill has been before the board trying to resolve an issue related to a property that he owns near Lake Sunnyside a cluster of year round cottages that have on site wastewater disposal systems as well as two wells, actually three water supplies that serve the twelve different clusters the twelve different cottages. Evidently I'm not sure of the timing on this but repairs were made to a portion of a disposal area that serves three of the cottages. That repair was made the Town became aware of that and realized that they it didn't meet standards while the repair was basically replacing what was there that action is being brought to the attention of the Town requires a variance for that particular disposal system. Having seen the site reviewed it with Bill and Bill's explained to me how the different cottages are served both wastewater and water we talked about a couple different options that he might have what we're considering and discussing at this point is a disinfections system for the water supply. Thinking more long term or full property consideration not just that of those affected three affected cottages that are served by the wastewater disposal system in question. I've had contact with the Health Department, contact with the well driller trying to get some history about the two wells. Bill is a relatively new owner of that property there is some history there obviously I don't know what the age is of those units, but they are forty, fifty years old perhaps. We're gathering information related to the water supplies and considering a disinfection process that would serve as mitigation for areas that perhaps don't meet today's standards for separation distances. Councilman Brewer-How long is it going to take you to design and get this system going? Originally the variance was to it was so long ago I honestly don't recall exactly. Councilman Boor-It was just to locate I think what pit was serving what cottages. Councilman Brewer-What kind of time are we looking at to get that done? Mr. Mac Elroy-I guess, I would ask a question back to you of what information that you would be looking for if it was a plan that outlined the existing conditions with a proposal for disinfection of the water supply. We are talking about two different situations now the wastewater system and the water supply. Councilman Brewer-What was the original variance that you came here for? Councilman Turner-For the wastewater. Mr. Mac Elroy-It was a separation distance from the existing well to a drywell or seepage pit that was reinstalled. Supervisor Brower-Are you going to be researching the wastewater disposal options as well for Mr. Underwood? Mr. Mac Elroy-We have discussed that and the option that appears to be more long term more far sighted is the disinfection of the water system so that if in the future there was a problem with any of the other disposal systems that serve any of the other unit that may themselves not be in compliance with separation distances that the same solution will serve that as well the disinfection of the water supply. Councilman Boor-Are these seepage pits or the ones that you are possibly proposing would still be in use in conjunction with this. . . . Mr. Mac Elroy-Correct. Councilman Boor-Would they have the potential to affect wells off property off site? In other words you are going to be disinfecting the water that's going to these cottages. Mr. Mac Elroy-Correct. Councilman Boor-Is there the remote chance that this seepage could get so bad it could go into another property in other words another residence? My understanding was nobody really knew where these things were so I would just want to make sure that if one is going to be continued to be used, yes you are going to be able to prevent disease and stuff with the system you put in for the people on that property, but what about adjacent homeowners? Mr. Mac Elroy-Well the question should be answered as to what the separation distance is to adjacent wells. Councilman Boor-So you would be determining that as part of your... Mr. Mac Elroy-That would be a thorough way to look at it, yes. Supervisor Brower-Any other questions for the applicant? Councilman Brewer-When are we going to have this plan back same question a month? Mr. Mac Elroy-The time frame we talked about with Dave who served as a messenger I believe from the last meeting we weren't at was scheduling a public hearing at your next meeting with appearance on July 15th. Councilman Brewer-That's a month. Mr. Mac Elroy-Correct. Councilman Brewer-So you'll submit an application. Mr. Mac Elroy-Yes, we'll submit the necessary documents for the variance. Councilman Brewer-Refresh my memory the last time we were here we gave an extension didn't we for his previous variance? Councilman Boor-We gave a couple. Councilman Brewer-Are we going to do that again or is it going to be all new? Councilman Boor-It will be new. Councilman Brewer-So that variance application is out the window? Councilman Boor-I would think it is isn't it? Mr. Mac Elroy-I'm assuming the other variance was simply to allow the reinstallation of that drywell that was put in. Councilman Brewer-So we'll have a new application for the fifteenth? Supervisor Brower-Thank you. If I could ask you just to take a set for a moment. I'm going to ask Dave Hatin to come forward our Code Compliance Officer. Supervisor Brower-Dave do you have any comment? Director of Building & Codes, Mr. Hatin-No, I think Dennis has pretty well explained it. My only question to the board is do you want a comprehensive plan where you want to see all the systems on the entire property we'll have to do some research because I don't know how familiar the owner is with all the systems that are there I'm certainly not and all the wells adjacent to the property? Councilman Boor-That's my concern with what's going on with these pits. Director of Building & Codes, Mr. Hatin-We did do the measurements for the previous variance we were beyond the hundred and fifty foot that was required so those weren't included on the plan within the vanance. Councilman Boor-Your understanding or belief is that wells that aren't on the property won't be affected? Director of Building & Codes, Mr. Hatin-Right now, yeah. There is currently a variance that was passed three years ago for a seepage pit system what I would call the northeast corner of the property to a well across the street that was granted by the previous board. There is the seepage pit that was installed without a building permit that they sought the variance several months ago that only does not meet the separation distances from the wells on the property it meets the separation distances from adjacent properties. Councilman Boor-This system if functioning properly would address that issue I would guess, right? Director of Building & Codes, Mr. Hatin-I guess you would have to define functioning properly it is a seepage pit it dumps everything in one location verses a leach field which kind of spreads it out and relies on some evaporation to take care of it. Councilman Boor-I was referring to the contamination to the potable water if they go with a UV system or some other thing. Director of Building & Codes, Mr. Hatin-The UV system as Dennis explained previously on the Seeyle project should take care of that, yes. Councilman Boor-Dave do you have a question or did we answer it? Director of Building & Codes, Mr. Hatin-Ijust want to make sure the applicant understands what you are looking when they come back. I don't want to see it get bounced back and forth saying this is enough information we need more I'd like to see it go through once and make sure they understand that you want all the systems on the property shown you want all the wells on the property shown. I guess my last question is do you still want neighboring wells shown on the property? Councilman Boor-I don't think its necessary if it's been determined ahead of time that they were far enough away that they wouldn't be affected I don't know how others feel. Supervisor Brower-Do you know if that's the case? Director of Building & Codes, Mr. Hatin-I don't know on all the systems that are on the property as to whether they meet all the adjoining wells separations I do know the one that we're seeking does. Supervisor Brower-The one that we're seeking does, but we're not sure about the others. Director of Building & Codes, Mr. Hatin-I'm not sure about the others other than the one that I know that had a variance to be closer to the neighbors well than allowed. Councilman Boor-Do we know how many there are in total? Director of Building & Codes, Mr. Hatin-I don't that's why I wanted to ask the question do you want every system on the property. . . . Councilman Boor-I think we should have them identified for location at least. Councilman Turner-We should find out where they are. Supervisor Brower-I think it would be advisable. So you will apply for a new application and come forward when it's on the agenda. Executive Director, Mr. Round-Have you set a date for that it sounded that you were requested July 1st submission for July 15th public hearing, but your saying July 15th submission for a subsequent public hearing? Councilman Brewer-No submission so we can set the public hearing the first for the fifteenth right? Supervisor Brower-Will you be ready then Dennis or do you need the time? Councilman Brewer-He's had since December. Councilman Stec-He'll be ready. Mr. Mac Elroy-I think that its adequate time. Supervisor Brower-Thank you will plan on setting that at our next regular meeting. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 37, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 17th day of June, 2002, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor Noes: None AbsentNone PUBLIC HEARING PROPOSED LOCAL LAW - FLOOD DAMAGE PREVENTION NOTICE SHOWN OPENED 7:45 P.M. Supervisor Brower-Dave you might want to come forward. Director of Building & Codes, Mr. Hatin-I don't know if the board has any questions from the last meeting. I clarified the difference between one foot and two foot and what this really entails. I don't know if you have any more specific questions basically this is just the resolution in the amended forrn. Supervisor Brower-Any questions from board members at this time? Councilman Brewer-None. Councilman Boor-No, I don't. Supervisor Brower-Thank you Dave. At this time I would like to open the public hearing on the Proposed Local Law Flood Damage Prevention is there anyone in the audience that would care to comment on the proposed local law at this time? NO PUBLIC COMMENT Supervisor Brower-This local law would basically have the lowest floor including the basement elevated above the highest adjacent grade at least as high as one foot more than the depth number specified in feet on the communities plan. Hearing none I'll close the public hearing. PUBLIC HEARING CLOSED 7:47 P.M. Supervisor Brower-I'll ask board members if they have any comment? No comment Supervisor Brower-What's your pleasure. The following resolution was passed. RESOLUTION ENACTING LOCAL LAW NO.3 OF 2002 TO AMEND QUEENSBURY TOWN CODE CHAPTER 91 "FLOOD DAMAGE PREVENTION" RESOLUTION NO. 259, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 3 of 2002 to amend Queensbury Town Code Chapter 91 entitled "Flood Damage Prevention," which Local Law would provide for the updating of the Town's floodplain maps as required by the Federal Emergency Management Agency (FEMA) and provide additional insurance benefits for the public by increasing requirements for flood elevations within the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on June 17th, 2002 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board of hereby enacts Local Law No.: 3 of 2002 to amend Queensbury Town Code Chapter 91 entitled "Flood Damage Prevention" as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 17th day of June, 2002, by the following vote: AYES NOES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner : None ABSENT: None A LOCAL LAW TO AMEND CHAPTER 91 "FLOOD DAMAGE PREVENTION" OF QUEENSBURY TOWN CODE Be it Enacted by the Town Board of the Town of Queensbury as Follows: SECTION 1. Section 91-6 of Chapter 91 of the Queensbury Town Code entitled "Basis for establishing the areas of special flood hazard," is hereby amended as follows: A. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency (FEMA): (1) Flood Insurance Rate Map (FIRM) (multiple panels) Index No. 3608790001-0035 whose effective date is August 16, 1996. (2) A scientific and engineering report entitled the "Flood Insurance Study, Town of Queensbury, New York, Warren County" dated August 16,2002 August 16, 1996. (3) Flood Boundary and Floodway Map (FBFM) (multiple panels), Index No. 360879 001-0035, whose effective date is July 16, 1984. (4) Letter of Map Revision (LOMR) effective August 6, 2002, FEMA case #01-02-049P, revising FIRM and FBFM Panel 0026. B. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and/or maps are on file at the Department of Community Development, Office of Building and Code Enforcement. SECTION 2. Section 91-7 of Chapter 91 of the Queensbury Town Code entitled "Interpretation and conflict with other laws" is hereby amended by adding a new subsection (C) as follows: A. This Chapter includes all revisions to the National Flood Insurance Program through November I, 1989 and shall supersede all previous laws adopted for the purpose of flood damage prevention. B. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern. C. The invalidity of any section or provision of this Chapter shall not invalidate any other section or provision thereof. SECTION 3. Section 91-16 of Chapter 91 of the Queensbury Town Code entitled "Residential structures" is hereby amended as follows: A. Elevation. The following standards, in addition to the standards in ~91-14A, Subdivision proposals, and ~91-14B, Encroachments and ~91-15, Standards for all structures, apply to structures located in areas of special flood hazard as indicated. (I) Within Zones AI-A30, AE and AH and also Zone A ifbase flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above one (1) foot above the base flood level. (2) Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three (3) feet above the highest adjacent grade. (3) Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one (1) foot more than the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in ~91-6 (at least two (2) feet if no depth number is specified). (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. SECTION 4. Section 91-17 of Chapter 91 of the Queensbury Town Code entitled "Residential structures" is hereby amended as follows: The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in ~91-14A, Subdivision proposals and ~91- 14B, Encroachments and ~91-15 Standards for all structures. A. Within Zones AI-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure together with attendant utility and sanitary facilities, shall either: (1) Have the lowest floor, including basement or cellar, elevated to or above one (1) foot above the base flood elevation; or (2) Be floodproofed so that the structure is watertight below one (1) foot above the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. B. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: (I) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one (1) foot more than the depth number specified in feet on the community's FIRM [at least two (2) feet if no depth number is specified]; or (2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standards specified in Subsection A(2). C. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. E. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three (3) feet above the highest adjacent grade. SECTION 5. Section 91-18 of Chapter 91 of the Queensbury Town Code entitled "Manufactured homes and recreational vehicles" is hereby amended as follows: The following standards, in addition to the standards in ~91-14, General standards and ~91-15, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. A. Recreational vehicles placed on sites WITHIN zones AI-A30, AE and AH shall either: (1) be on site fewer than one hundred eighty (180) consecutive days; (2) be fully licensed and ready for highway use; or (3) meet the requirements for manufactured homes in Subsections B, D and E. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick- disconnect-type utilities and security devices and has no permanently attached additions. B. A manufactured home that is placed or substantially improved in Zones AI-A30, AE and AH that is on a site either: (I) outside of an existing manufactured home park or subdivision as herein defined; (2) in a new manufactured home park or subdivision as herein defined; (3) in an expansion to an existing manufactured home park or subdivision as herein defined; or (4) in an existing manufactured home park or subdivision as herein defined on which a manufactured home has incurred substantial damage as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor is elevated to or above one (1) foot above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. C. A manufactured home to be placed or substantially improved in Zone AI-A30, AE and AH in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be: (1) Elevated in a manner such as required in Subsection B; or (2) Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. D. Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. E. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as one (1) foot more than the depth number specified on the Flood Insurance Rate Map enumerated in ~91-6 [at least two (2) feet if no depth number is specified]. Elevation on piers consisting of dry stacked blocks is prohibited. SECTION 6. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 7. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local law are hereby repealed. SECTION 8. This Local Law shall take effect upon publication as required by Section 265 of the New York State Town Law and filing in the office of the New York State Secretary of State. CORRESPONDENCE Deputy Clerk O'Brien-Noted Town Clerk's Monthly Report May 2002, and Supervisor's Monthly Report for Building and Codes May 2002 on file in Town Clerk's Office. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE OPEN FORUM LOU STONE, QUEENSBURY-Spoke to the board regarding the Empire Zone noted he is appalled on the decision of the Empire Zone that it was going to be made in executive session. Spoke to the board as Chairman of the Zoning Board of Appeals read letter into regarding a special Zoning Board meeting that was held noted the board was put in an uncomfortable position recently regarding a special Zoning Board meeting that was held on Thursday, June 6th, to discuss a single application noting they do not want this to happen again. Presented board members with a copy of the minutes regarding the meeting ask that the board read them at their leisure. Supervisor Brower-Noted he explained at length in workshop to board members regarding the details of how this occurred. John Strough, Queensbury-Spoke to board members regarding the Empire Zone noted he lobbied Assemblywoman Betty Little and Ron Stafford as well as Governor Pataki to get Empire Zoning for Warren County. Spoke to the board regarding the intent of Empire Zone status and designation. Read article from Senator, Joe Bruno into record regarding the Empire Zone. Noted his concern is that you don't give Empire Zoning to a company who already has plans to expand it defeats the purpose it is to create quality jobs. Ask the board to send message to the Warren County Economic Development Corporation that you think their proposal is good with the exception of this and you approve it with the exception of this. Councilman Brewer-Noted if we do that will make the rest of the properties suffer. Supervisor Brower-This resolution is before the board tonight if we pass it, it goes to the Warren County Board for approval Wednesday then it goes to the State for final approval. Mr. Strough-Noted his concern for the board sending the wrong message when you approve it for the Great Escape thinks the board has to send a message. John Salvador-Spoke to the board regarding the addition of the motel to the Great Escape noted the last thing they need in this area is another motel noting the industry is less than sixty five percent of occupancy noted here it is less the break even point is eighty two percent. Noted his concern with the approval of these parcels because they do not qualify thinks the board should understand what they are being asked to do noting the resolution doesn't fit the program asked the board to look at this before approving. Spoke to the board regarding the Lake George Park Commission and the Lake George Park Trust Fund noting the people managing the Lake George Park Commission have failed to create the Lake George Park Trust Fund as was required in the enabling legislation. Pliney Tucker, Queensbury-Spoke to the board regarding the Warren County Economic Development Corporation and the misappropriation of $30,000 in funds. Asked if the parties that received these monies kept these monies? Supervisor Brower-Noted this is being investigated. Mr. Tucker-Asked Supervisor Brower if it is possible by the next meeting you could inform the public where the money went? Supervisor Brower-If we know by the next meeting. Donald Sipp, Queensbury-Picked up summary on the internet of the Department of Taxation and Finance regarding the Empire Zone noting it mentions that the local community can also defer not to collect tax asked if Warren County is going to defer its three percent? Supervisor Brower-Noted there is suppose to be discussion at the County board level noting he personally would not want to defer the three percent. Mr. Sipp-Asked what percent of the utilities rates... Supervisor Brower-There is a discount on the transmission portion of power that Empire Zone designated that firms are eligible for for new facilities. Mr. Sipp-Asked if they get credit on their real estate property taxes does it include school tax? Supervisor Brower-Yes, New York State reimburses the community for the exemption. Mr. Sipp-Questioned if the resolution gets passed it is good for approximately eight months if they have not made a move in that time they are dropped from this this year? Supervisor Brower-Believes the Zone Administration Board has the responsibility for oversight of this process thinks it would be their determination. Mr. Sipp-Questioned what is significant movement? Supervisor Brower-Doesn't know. Mr. Sipp-Noted this should be clarified. Supervisor Brower-If they don't meet the capital investment requirements of their application and job creation critieria of their application they are not entitled to the benefits. Councilman Boor-Once this is approved the Town Board power is gone. Mr. Sipp-Questioned the parcel across from Glen Lake Road is this included in the Empire Zone? Supervisor Brower-It is being taken out of the Empire Zone. Mr. Sipp-Recommended that this resolution be tabled until more information can be gathered and given to the public. Noted this is his tax money giving it to these people some of them may be deserving doesn't think all these properties are deserving of his tax money. JoAnn Bramley, Twicwood Lane, Queensbury-Noted her concern with the board feeling hesitate with respect to making a decision. Asked the board to become more educated and to take time to evaluate the list and the inappropriateness of the inclusion of the Great Escape on the list. A false sense of urgency has been created surrounding this vote tonight urged the board to take time to gather the information that is needed and precede at a pace that the board determines. Mrs. Salvador-Noted her concern with the way the resolution was presented noted there should be a resolution for each property especially when you are talking about the Great Escape noted she would like to know the track record of businesses that got the Empire Zone. Len Fosbrook-Spoke to the board noted he has heard a lot of misunderstanding regarding the problem noting it is a State program they applied for the program and was successful in getting into the prograrn. Empire Zones are not a political tool they are a business tool to help economic development in those areas that have been given the designation. The County, which was the applicant for the zone, appoints the Zoning Administrative Board and by law they have the responsibility to administer the zone. This board has the responsibility to either concur or not to concur with the annual resolution that will come before it which is the boundary amendment, which we are allowed to do only once a year. We are trying to facilitate the use as it is stipulated in law and policy. The communities that have gotten economic designation of Empire Zones have been very successful in the use of these zones it has been a real stimulus to economic development. It is a State program whereby the certified business does not receive any reward until it carries out the program that got its certification these are generally deductions against state income taxes. It is probably the best program that could have been designed and its made New York a much more competitive State that it has been in the past. I think it is interesting that we're in a position here where we can discuss how not to use this zone not to show businesses that we are business friendly community and to try to dictate how they should run their businesses. As, I said early that's why the State set this up so that businessman the Zoning Administrative Board, which represents precedent of five local corporations, makes decisions on business. I don't think what you heard tonight is anymore than maybe a little discouragement by the public over some certain projects which you've already approved long range by our desire to show major corporations that Warren County and particularly Queensbury is a good place to do business. Tomorrow we meet with corporate officials of CR Bard to discuss their strategy in going forward and the use of the zones and potential expansion in their business. It would be very difficult for me to go to that meeting tomorrow and say that the community decided that BARD wasn't worthy of an economic zone and zone benefits. Those are your choices to make you are the elected officials here if you decide not to concur with this resolution tonight you will be left out of the resolution that goes to the State. Those are the choices they are tough choices, but those are choices you only have to concur or not to concur with this resolution as presented to you. Councilman Boor-Takes exception with the characterization of going before BARD and saying that this board didn't think they were worthy noting this is the point he has been trying to make thinks they are worthy. Noted they have put the board in a position that they have to take the poison pill and decline benefits to companies that deserve it by putting things in that have no business being in there. Thinks this would be a mischaracterization doesn't like hearing this from an Economic Development Corporation person when its not the case. Mr. Fosbrook-Questioned what would be surmised by voting against this? Councilman Boor-Noted in his case doesn't think the Great Escape should be included in this each one of these should be judge on their own merit as a business that qualifies. Mr. Fosbrook- Then you would have to change the State Law. Each one of these businesses and each one of these decisions regarding the zone and its distribution throughout Queensbury was tested with the same set of rules. Councilman Brewer-Questioned if the Great Escape doesn't do any improvements in the eights months is there a likely chance someone will make a recommendation to pull them out? Mr. Fosbrook-There is a process to take zone from a business that hasn't had any movement in their project it is a possibility. The Zoning Administrative Board meetings are public meetings noting the board is welcomed to come and make your concerns known noting this is the proper time to make concerns known not after the fact. Councilman Brewer-Questioned how would they've have known about the projects or parcels that they were going to include if they didn't have notification? Mr. Fosbrook-Noted they meet on a monthly basis they are published in the newspaper and are published on the website. Lou Stone-Assembly Point, Queensbury-Spoke to the board regarding Mr. Fosbrook's presentation noted his concerns. Bob Schulz, Queensbury-Spoke to the board noting his concern for Mr. Fosbrook's creditability regarding his agency. David Strainer, Ridge Road, Queensbury-Spoke to the board regarding the Empire Zone questioned why didn't any of the companies approach the Town Board finds its disheartening that the head of the Economic Development Corporation would suggest that he would go to one of bigger employers of the Town a Town that pays forty percent of the County's way and tell them the Town voted no. Noted this is wrong noted his concern if the board votes yes on this it's government at its worst. OPEN FORUM CLOSED 8:50 P.M. RESOLUTIONS RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 260, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2002 Town Budget as follows: WATER: FROM: TO: $ AMOUNT: 40-8340-4400 Contr. ) 40-8340-2020 (Vehicles) $ 238. (Misc. Duly adopted this 17th day of June, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION REQUESTING SPEED LIMIT REDUCTION FOR GURNEY LANE IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 261, 2002 INTRODUCED BY : Mr. Roger Boor SECONDED BY : Mr. Daniel Stec WHEREAS, Gurney Lane is a Town road in a residential area in the Town of Queensbury, and WHEREAS, according to Town records, for at least 15 years residents of Gurney Lane have been requesting a lower speed limit on Gurney Lane, and WHEREAS, Gurney Lane has been the scene of several accidents including at least one senous accident, and WHEREAS, the Town has taken all steps within its power and authority, including leveling, refinishing and repairing Gurney Lane, to improve its safety, and WHEREAS, the Town has implemented all recommendations given to it by the New York State Department of Transportation for signage and recommended speed limits on curves, and WHEREAS, despite the Town's best efforts to increase the safety of Gurney Lane, Gurney Lane remains a problem area, and WHEREAS, the Town Board is extremely concerned that there will be a serious accident involving loss of life on Gurney Lane if the speed limit is not lowered, and WHEREAS, the Town's duly elected Highway Superintendent concurs with the Town Board and agrees that the speed limit on Gurney Lane should be lowered, and WHEREAS, New York State Vehicle and Traffic Law ~1622 states that the New York State Department of Transportation, upon the request of the County Superintendent of Highways and the Town Board of the Town affected with respect to Town highways, may by order, rule or regulation establish maximum speed limit the Town Board would ask to consider establishment of 35 miles per hour speed limit if appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to seek support from the Warren County Superintendent of Highways to request that the New York State Department of Transportation lower the speed limit on Gurney Lane in the Town of Queensbury and further authorizes and directs the Town Supervisor and/or Town Clerk to take any further actions necessary to implement this Resolution including completion of any forms that may be required by the Warren County Superintendent of Highways and/or the New York State Department of Transportation. Duly adopted this 17th day of June, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stem, Mr. Brewer NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Brewer-Spoke to board members regarding putting a limit in there? Supervisor Brower-Noted they could make a recommendation suggested 35 mph. Town Board-After further discussion it was the decision of the board to put in 35 mph. The resolution to read the Town Board would ask to consider establishment of 35 miles per hour speed limit if appropriate. RESOLUTION AUTHORIZING BANKING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND EVERGREEN BANK RESOLUTION NO.: 262, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 239, 1999, the Queensbury Town Board authorized a two-year Agreement with Evergreen Bank for various banking services, and WHEREAS, by Resolution No.: 255,2001 the Queensbury Town Board authorized a one-year extension of such Agreement to expire June 30th, 2002, and WHEREAS, the Town Comptroller has recommended that the Town Board authorize another one-year extension of the Agreement with Evergreen Bank as the financial service markets are not advantageously competitive and the Town's indexed earning rates with Evergreen Bank are highly favorable, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs a one-year extension of the Town's current Agreement with Evergreen Bank with certain modifications as delineated in the Town Comptroller's June 12th, 2002 letter to Evergreen Bank presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or Town Supervisor to execute any agreements or documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of June, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF AMENDED TOWN OF QUEENSBURY SAFETY INITIATIVE POLICY AND SAFETY COMMITTEE BY LAWS AND APPOINTING FIRE MARSHAL STEVE SMITH AS TOWN SAFETY OFFICER RESOLUTION NO.: 263, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 106,98, the Queensbury Town Board adopted a draft Town of Queensbury Draft Safety Initiative Policy (Policy), and WHEREAS, the Town Safety Committee has finalized the Policy and has presented it to the Town Board for approval, and WHEREAS, the Town Board wishes to adopt the Policy as presented by the Safety Committee, with only one minor change and a copy of the Policy has been presented at this meeting, and WHEREAS, the Town Board also wishes to adopt the Safety Committee By Laws as presented at this meeting, and WHEREAS, as set forth in the Policy, the Town Board wishes to also appoint a Town Safety Officer, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the Town of Queensbury Safety Initiative and Safety Committee By Laws as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board appoints Fire Marshal Steve Smith to the position of Town Safety Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of the Safety Initiative Policy and Safety Committee By Laws to all Town Departments. Duly adopted this 17th day of June, 2002 by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH C.T. MALE ASSOCIATES, P.C. FOR PROVISION OF ENGINEERING TECHNICAL SERVICES TO QUEENSBURY PLANNING BOARD AND PLANNING DEPARTMENT RESOLUTION NO.: 264, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 175.2000, the Queensbury Town Board authorized the engagement of C.T. Male Associates, P.c. (C.T. Male) for the provision of engineering technical servIces to the Town's Planning Board and Planning Department, and WHEREAS, by Resolution No.: 31,2001, the Queensbury Town Board authorized an extension of the agreement with C.T. Male for the provision of such engineering services through June 30th, 2002, and WHEREAS, the Town Board wishes to extend its agreement with c.T. Male for two more years or through June 30th, 2004, and WHEREAS, a copy of 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 with C.T. Male Associates, P.C. substantially in the form presented at this meeting for the provision of engineering technical services to the Queensbury Planning Board and Planning Department at the rate of pay delineated in the Agreement, subject to budget appropriations and to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Agreement with C. T. Male and authorizes and directs the Town Supervisor, Comptroller and/or Executive Director of Community Development to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of June, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FORBIDS FOR PUMP STATION AND FORCE MAIN CONSTRUCTION IN CONNECTION WITH CREATION OF THE SOUTH QUEENSBURY - QUEENSBURY AVENUE SANITARY SEWER DISTRICT RESOLUTION NO.: 265, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Town Board Resolution No.: 224,2002 the Town Board adopted its Final Order approving creation of the South Queensbury - Queensbury Avenue Sewer District, and WHEREAS, by Resolution No.: 408,2001 the Town Board authorized engagement of Jarrett- Martin Engineers, PLLC and its project team for design phase services in connection with construction of the Sewer District, and WHEREAS, Jarrett-Martin has presented the Town's Wastewater Deputy Director with bid documents and specifications to advertise for bids for pump station and force main construction in connection with the project, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs Jarrett-Martin Engineers, PLLC and Town of Queensbury Purchasing Agent to publish an advertisement for bids for construction of the pump station and force main construction in connection with the creation of the South Queensbury - Queensbury Avenue Sanitary Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to, on July 19th, 2002 at 3:00 p.m, open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 17th day of June, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION ADOPTING IMPLEMENTATION PLAN FOR SMALL CITIES GRANT # 962HR82-0 I WARD 4 REVITALIZATION PROGRAM RESOLUTION NO.: 266,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 154,2001, the Queensbury Town Board authorized submission of an application for New York State Small Cities Program Community Development Block Grant funds through the New York State Governor's Office for Small Cities, and WHEREAS, the grant application was submitted and the New York State Governor's Office for Small Cities awarded a $400,000 grant to the Town of Queensbury, and WHEREAS, by Resolution No.: 395,2001 the Town Board authorized the Town Supervisor to execute the Grant Agreement, establish a CDBG Special Grant Fund and set appropriations and estimated revenues for the Grant award, and WHEREAS, the Town has received a fully executed Grant Agreement from New York State concerning the awarded grant funds, and WHEREAS, by Resolution No.: 466,2001, the Town Board authorized and directed the hiring of Shelter Planning & Development, Inc. to provide grant implementation and administration assistance, and WHEREAS, an Implementation Plan outlining the Program guidelines, policies, procedures and forms to be used in connection with the grant have been completed and reviewed by the Town's Department of Community Development and Town Counsel, and have been found to be acceptable, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Implementation Plan as presented by Town Community Development Department Staff and Shelter Planning & Development, Inc., and any amendments thereto that may be required by the terms of the Grant Agreement, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor, Community Development Director, and lor Senior Planner to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of June, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT :None RESOLUTION ISSUING SEQRA NEGATIVE DECLARATION CONCERNING LANDSCAPING INSTALLATION SERVICES AND BEAUTIFICATION OF LAND OWNED BY TOWN OF QUEENSBURY AND LOCATED AT BAY AND QUAKER ROADS RESOLUTION NO. 267,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHERAS, the Town of Queensbury was awarded a grant from the New York State Division of Housing and Community Renewal and the Town wishes to use such grant proceeds to contract for professional landscape design and contracting services for landscaping on Town-owned land located at the northwest corner of Quaker and Bay Roads, and WHEREAS, the New York State Department of Environmental Conservation requires that a State Environmental Quality Review Act (SEQRA) review be conducted before the project begins or grant funds are spent, and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, approves of a Negative Declaration and authorizes and directs the Town Clerk's Office and/or Department of Community Development to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 17th day of June, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None SEQRA NEGATIVE DECLARATION PART II A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: CI, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in CI-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR LANDSCAPING INSTALLATION SERVICES FOR BEAUTIFICATION OF LAND OWNED BY TOWN OF QUEENSBURY AND LOCATED AT BAY AND QUAKER ROADS RESOLUTION NO.: 268,2002 INTRODUCED BY: Mr. Theodore Turner SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 273,2000 the Queensbury Town Board authorized the submission of an application for Adirondack North Country Community Enhancement Program funds through the New York State Division of Housing and Community Renewal, and WHEREAS, the grant application was submitted and the Town was awarded a $24,400 grant from the New York State Division of Housing and Community Renewal, and WHEREAS, by Resolution No.: 29,2001 the Town Board established appropriations and estimated revenues for the grant funds, and WHEREAS, by Resolution No.: 89,2001 the Town Board authorized request for proposals for professional landscape design and contracting services, and WHEREAS, by Resolution 352,2001 the Town Board authorized advertisement for bids for landscaping installation services; and WHEREAS, by Resolution No.: 398,2001 the Town Board issued a SEQRA negative declaration and authorized landscaping installation services and purchase of boulders for beautification ofland owned by the Town of Queensbury and located at Bay and Quaker Roads, and WHEREAS, by Resolution No.: 467,2001, the Resolution No. 398,2001 was rescinded, and WHEREAS, by Resolution No.: 468,200 I a new Capital Project Fund # 130 - Bay Road Corridor Enhancement Project was established to accommodate changes in the project, and WHEREAS, the Town's Senior Planner has prepared a Bid Package to distribute to qualified contractors for professional contracting services such services to include installation of landscaping on Town-owned land located at the northwest corner of Quaker and Bay Roads, and WHEREAS, the Town Board wishes to solicit bids for landscaping installation services; and WHEREAS, by previous Resolution, the Town Board issued a SEQRA negative declaration, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent, once she is provided with the necessary bid documents from the Town's Senior Planner and/or Executive Director of Community Development, to publish an advertisement for bids for the landscaping installation services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to advertise for Bids, open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent, Senior Planner and/or Executive Director of Community Development to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of June, 2002, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT:None RESOLUTION APPOINTING JENNIFER S. SWITZER AS ACCOUNTANT RESOLUTION NO. 269,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Accountant submitted her resignation effective May 28th, 2002, and WHEREAS, the Town Comptroller advertised for candidates for the position, conducted interviews and has recommended that the Town Board authorize the provisional appointment of Jennifer S. Switzer to the position of Accountant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Jennifer S. Switzer to the position of Accountant effective June 18th, 2002 or the date thereafter that she commences her position as Accountant, on a provisional basis until such time as Ms. Switzer meets the Civil Service requirements for the Accountant position, and BE IT FURTHER, RESOLVED, that Ms. Switzer shall be paid an annual salary of $36,000 and shall be subject to a six (6) month probation period, and BE IT FURTHER, RESOLVED, that the Town Board approves and authorizes a two (2) week unpaid leave for Ms. Switzer commencing July 22nd, 2002, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of June, 2002 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Brewer-Noted that this wasn't discussed before it came to resolution. Had questions as to what was salary that we're replacing, is it going to be an hourly wage earner those kinds of things that we normally discuss when we hire someone that wasn't done in this case. Comptroller, Mr. Hess-Noted there are two issues with this position. One had to do with the position this position was created it was an upgraded Senior Principal Account Clerk Position the board adopted a new job description January 200 I the job description has not changed since 200 I. It is an exempt full-time position the incumbent that left made $38,000 the person looking to hire proposing at $36,000. The position itself is unchanged and the person coming in will work under the same job description. Noted recruited out of two newspapers received about twelve or thirteen applicants interviewed five called for six one person declined to be considered. Interviewed five screened the field to two local and excellent candidates both by resumes retained our CPA to interview both the candidates got back to me of the two candidates gave the one that is recommended the higher grade for preparation and for technical knowledge of what we do. The candidate has worked in a very similar position at another municipality in the area for a number of years. Received an excellent verbal recommendation from person immediate Supervisor then went to the Town Supervisor who interviewed the person and concurred with the recommendation. Following that the candidate met with staff spent time with them coming out of that meeting with all three parties. Feel that they have complied this is an accounting position that hasn't changed. The Supervisor who is the Chief Fiscal Officer of the Town was involved in the interview process didn't feel uncomfortable making a recommendation this way. Councilman Brewer-Noted he has no problem with person chosen, unqualified to pick that person noting in the last two and a half years the employees that have been hired normally at a workshop prior to the resolution we discuss who the employee is noting he doesn't understand why they didn't go through the regular routine. Councilman Boor-Noted he tends to agree with Councilman Brewer questioned if there was a reason why they didn't? Would hope that in the future they would know when the interview is taking place so if they opted they could sit in on it if wanted to. Comptroller, Mr. Hess-There was no invitation for a Councilman to sit in on it not so sure if that's what he would do. They have a process to interview within the department. The Supervisor interviewed last Tuesday morning following the interview asked to make recommendation to the board was given the nod to do this tonight. Councilman Boor-Asked if this broke a pattern? Comptroller, Mr. Hess-Noted they could still meet in executive session to do this if this is what they board wants to do. Councilman Boor-Noted he thinks its incumbent upon Department Heads to let them know they have chosen someone before they pick up their packet and read that somebody has been selected thinks it's the boards responsibility to have input. Councilman Brewer-Noted his only concern was the financial implications. Supervisor Brower-Thinks the candidate is well qualified for the position lucky to have had two fine candidates. RESOLUTION AUTHORIZING TRANSFER OF HUDSON RIVER PARK PROPERTY FROM WARREN COUNTY TO TOWN OF QUEENSBURY RESOLUTION NO.: 270, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Town Board Resolution No.: 375.96, the Queensbury Town Board authorized a Revocable License Agreement between the Town of Queensbury and Warren County for the use of a County-owned 44.34 acre parcel of property (tax map no.: 320.06-1-7) located along the Hudson River, known as the Hudson River Park (Property) for a term of twenty-three (23) years, and WHEREAS, the Town requested that Warren County transfer or convey the Property to the Town and rescind the Revocable License Agreement, and WHEREAS, Carl and Barbara DeSantis, previous owners of the Property, consented to the Town's request, and WHEREAS, the Town Board believes that this conveyance, in lieu of the Revocable License Agreement, will benefit Town residents, and WHEREAS, by Resolution No. 488 of 1999, the Warren County Board of Supervisors requested that a Bill be introduced in the State Legislature authorizing conveyance of the Property to the Town of Queensbury, and WHEREAS, by Resolution No.: 28,2000, the Queensbury Town Board expressed its support of the State Legislation authorizing conveyance of the Property, and WHEREAS, Warren County has advised that it has received such State Legislature approval, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the transfer of the 44.34 acre parcel identified as tax map parcel no.: 320.06-1-7 and known as the Hudson River Park from Warren County in lieu of the Revocable License Agreement currently in effect between the Town and Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction, including, without limitation, any agreement in form acceptable to Town Counsel, Deed, Real Property Transfer Report and Capital Gains Affidavit and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of June, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr, Stec NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY, FEEDER CANAL ALLIANCE, INC., AND ERIE BOULEVARD HYDROPOWER, L.P. RESOLUTION NO.: 271,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Feeder Canal Alliance, Inc., (Alliance) and Erie Boulevard Hydropower, L.P. (EBH) concerning the Alliance's proposal to furnish community services to the Town, such services to include the provision of equipment and labor for grooming and marking of nature trails, picnic facilities, signage, shelters, parking facilities, canoe put- ins, canoe take-outs, car-top boat launch and concrete furniture along the Feeder Canal, and WHEREAS, the Town has proposed to pay the Alliance the sum of twenty-five thousand dollars ($25,000) for, among other things, the Alliance's maintenance and improvement of the current trail and park system along the Feeder Canal through December 31, 2003, and WHEREAS, a copy of a proposed Agreement providing for the Alliance's provision of services to the Town is presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Supervisor to execute the Agreement between the Town of Queensbury, Feeder Canal Alliance, Inc., and Erie Boulevard Hydropower, L.P. substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town of Queensbury's payment to the Feeder Canal Alliance, Inc., for the Alliance's provision of services shall be in the one-time amount of twenty-five thousand dollars ($25,000) to be paid for from Account No.: 001-8989-4414, after first transferring $25,000 into such Account from Contingency Account No.: 001-1990-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Comptroller and/or Town Counsel to take any other action necessary to transfer such funds, amend the 2002 Budget and effectuate all terms of this Resolution. Duly adopted this 17th day of June, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES Mr. Brower ABSENT: None RESOLUTION OF SUPPORT AND CONCURRENCE WITH WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 272, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, New York State has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State, and WHEREAS, Warren County, as an eligible municipality, received designation of an Empire Zone made up of subzones including portions of the City of Glens Falls, Town of Queensbury, Town of Lake George, Town of Warrensburg, Town of Chester and the Town of Johnsburg, and WHEREAS, Warren County intends to revise the County Empire Zone boundaries to encourage industrial and commercial development and to allow for the creation of an additional sub-zone and removal of an existing sub-zone in the Town of Queensbury, and WHEREAS, the Town of Queensbury is committed to the development of new business within the proposed sub-zone, and WHEREAS, the Town of Queensbury wishes to support and concur with the Empire Zone revision application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in its capacity as governing body of the Town of Queensbury, does hereby support and concur with the Warren County Empire Zone revision application to include: ? The addition of 15.52 acres to include tax parcel numbers: 288.20-1-20; 295.08-1-3; 295.08-1-4; 295.08-1-5? The addition of 5.88 acres to include tax parcel numbers: 309.10-1-52; 309.10-1-47; 309.10-1-48; 309.10-1-49; 309.10-1-50; 309.10-1-51; 309.10-1-52; 309.10-1-53; 309.10-1-54; 309.10-1- 55; 309.10-1-56; 309.10-1-57; 309.1O-1-59? The addition of 14.7 acres to include tax parcel numbers: 302.07-1-43; 302.08-1-3; 302.08-1-4; 302.08-1-5? The addition of 19.5 acres to include tax parcel number: 309.18-1-1 ? The addition of .77 acres to include tax parcel number: 309.6-1-79? The deletion of 4.8 acres of the Northway Plaza to include tax parcel number: 296.18-1-47; the deletion of 5.5 acres of the Runway Protection Zone to include tax parcel number: 297.08-1-12; the deletion of 8.1 acres of the Runway Protection Zone to include tax parcel number: 297.08-1-13; and the deletion of 10.3 acres of Veterans Field to include tax parcel number: 309.10-1-92; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to inform the Warren County Board of Supervisors of this action and take any and all actions necessary to effect this Resolution. Duly adopted this 17th day of June, 2002, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: Mr. Boor ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2002 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 17 ENTITLED "TERMINATION AND WITHDRAWAL FROM COORDINATED ASSESSMENT AGREEMENT" RESOLUTION NO. 273, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2002 to amend the Queensbury Town Code by adding a new Chapter 17 entitled "Termination and Withdrawal From Coordinated Assessment Agreement," which Local Law would provide for the Town of Queensbury's withdrawal from and termination of the Coordinated Assessment Agreement between the Town and City of Glens Falls dated December 30, 1998, and WHEREAS, this legislation is specifically authorized in accordance with New York State Real Property Tax Law ~579, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.rn. on July 1st, 2002 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2002, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 2002 in the manner provided by law. Duly adopted this 17th day of June, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION RE-APPOINTING THERESA HIGGINS TO TOWN CEMETERY COMMISSION RESOLUTION NO. 274, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the term of Cemetery Commission member Theresa Higgins recently expired and the Town Board wishes to re-appoint Ms. Higgins to the Commission for another three year term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Theresa Higgins to serve as a member of the Town of Queensbury Cemetery Commission until such term expires on December 31st, 2005. Duly adopted this 17th day of June, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT:None TOWN BOARD DISCUSSIONS Supervisor Brower-Received letter dated June 17th, 2002 from Attorney John Lapper addressed Attorney Bob Hafner regarding Pyramid Company. Supervisor Brower read letter into record noting Pyramid has made arrangements to have the following items completed on or before June 25th, 2002. The removal of all combustibles that are not permanent fixtures in the former Howard Johnson's building including mattresses. The repair of the roof of the hotel building in accordance with the recent site visit with the roofing contractor and Dave Hatin. The regrading and seeding of the area of the demolition. The planting of twenty shrubs on the earth berm in front of the existing building facing Aviation Road. The removal of the mechanical equipment located at the west side of the former hotel building. Spoke to the board regarding his attendance at the Lake George Park Association meeting regarding milfoil. Attended meeting regarding public hearing for Angio Dynamics noting he commenting favorably at the public hearing. Councilman Brewer-Asked the status of the lights the Million Dollar Mile? Councilman Turner-Noted it is in the hands of Executive Director, Chris Round. Executive Director, Mr. Round-Has been in contact with Niagara Mohawk and several business owners noting they don't have a plan yet to bring back to board. Councilman Stec-Asked Supervisor Brower to find out the status of the speed limit on West Mountain Road. Received call from constituent in Ward Three would like to know if the Town would entertain the idea of purchasing property on the corner of Aviation Road and Potter Road. Councilman Turner-Spoke to the board regarding the drainage problem on Meadow Lane. Asked Supervisor Brower to take this to the Highway Committee at the County level to see if something can be done. Councilman Boor-Asked Executive Director, Round if anything has been done on the Monahan, Michaels Group situation? Executive Director, Mr. Round-Noted there is nothing to report after conversation that was held Thursday of last week. TOWN BOARD DISCUSSION 2003- BUDGET DISCUSSION Comptroller, Mr. Hess-Distributed time schedule for 2003 budget. It calls for the first distributions of information of Department Managers this week intend to do this on Friday a week ago copies of the budget guideline draft was given out. Recommended if the board has any guidelines you want to set forth now is the time to do it. ATTORNEY MATTERS NONE RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTON NO. 275, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss one matter personnel issue. Duly adopted this 17th day of June, 2002, by the following vote: Ayes: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 276, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 17th day of June, 2002, by the following vote: Ayes: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer Noes: None AbsentNone No further action taken. On motion the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury