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2002-11-18 REGULAR TOWN BOARD MEETING NOVEMBER 18TH, 2002 Mtg #55 Res. # 461-481 7:05 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Henry Hess, Comptroller Harry Hansen, Director of Parks & Recreation Ralph VanDusen, Water/Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent Chris Round, Director of Community Development Marilyn Ryba, Senior Planner Dave Hatin, Director of Building & Codes Bob Keenan, Director of Technology Bill Lavery, Administrative Assistant Supervisor Brower called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER PRESENTATION BY SAFETY GROUP 497 Richard Danzig, Professional Underwriters Bruce Guttenplan, Chairman of the Executive Committee for NYS Municipal Safety Group 497 made presentation to Simone Ramsey, employee of the Town of Queensbury. MR. GUTTENPLAN-Richard and I are very happy to be here this evening to present the Annual Municipal Safety Group 497 Award. This year, proposed by Supervisor Dennis Brower we have Simone Ramsey and Dennis submitted detail on the work that she's done indicating all of the work for meetings, safety awareness banners and departmental safety training. In reviewing the applications for the award this year, we found that Simone's work and the attitude that she shows towards encouraging work place safety, warranted the presentation of the award. We have a plaque for Simone. Municipal Safety Group 497 in appreciation, Simone D. Ramsey in recognition of her extraordinary concern for the safety and welfare of Town of Queensbury employees. For you we also have a check which is the better part of the award and there's also a plaque which will be given to the town for them to hold onto, same as the one you've received recognizing your achievement. Again, thank you very much. SUPERVISOR BROWER-Simone Richly deserves that award. She's worked diligently with Rick Whitmore and a number of people here at the Town of Queensbury to make safety awareness a priority in the town. Last year we had our first Safety Awareness Celebration Day which was a success and the town continues to reduce the number of lost work days due to injuries on the job and I couldn't be more pleased. So, good job to everybody involved and I see Rick Whitmore in the audience today, so thanks to you too Rick and everyone else on your committee. DEPUTY TOWN CLERK BARBER read the following letter into the record: As a member of the Town of Queensbury Safety Committee, I would like to congratulate Simone for receiving the annual award by Safety Group 497. It is an honor to have one of our safety committee members meet the eligibility requirements. Simone has played a very active role on the safety committee. Her assertiveness allowed the committee to move forward with safety issues that appeared to be stumbling blocks. She raised a few questions and didn't give up until she got some answers, even if it meant bumping heads with higher officials. Simone takes pride in what she does and has devoted many hours to coordinate and follow through with the issues at hand. She played a huge role in the "Safety Celebration" preparation and scheduling. I feel Simone's initiative as a committee member has eamed her this award. Once again, congratulations Simone. Keep moving forward. Respectfully submitted, Connie Gebo Safety Committee Member PRESENTATION - BAY AND QUAKER ROAD PROJECT MARILYN RYBA, Senior Planner-The primary reason we're here is not so much to discuss this project which has been in the making for at least a year and a half but after I go through this and explain a little bit of what we've done, you'll understand why we want to recognize a couple of people who have volunteered quite a bit of time in putting all of this together. The Bay and Quaker Roads Gateway Beautification Project was really intended as a town gateway project. In 1998, the Town of Queensbury passed the Comprehensive Land Use Plan and from that plan there were a number of action items, one of which was to enhance gateways to the town and upgrade streetscapes and entryways. In fact, I'll read a quote right from the town wide plan. The number one goal is to protect and maintain the rural character and visual quality of the town. So, this initiative is really one of a couple of things going on, the Main Street Exit 18 project being another. Another one that we're going to be working in 2003 is looking ore closely at our signs throughout the town and the entryways there. I'll give you a little bit of background. It really started I think as an initiative of both the former Beautification Committee and Jim Martin who was on the board at this time and it so happened that there was an Adirondack Enhancing Grant Money through the New York State Division of Housing and Community Renewal and we applied for that money and obtained twenty-five thousand dollars to help put the project together. The reason this was selected as a gateway is, the State really thought it was a gateway to the Adirondacks of the four corners of Bay and Quaker Road. In thinking of this project, there were several criteria that we wanted to focus on. One was that anything that be done be low maintenance, another is that it really does have an Adirondack scene. So, the low maintenance was certainly a priority and wanted to have some color three seasons of the year. In putting together the requests for bids, we put it out as a single poject for both design and implementation and what ended up happening was that we couldn't find somebody, a local contractor who could do really both things. So, that's when the LA Group had a design contest and the winner really got to spend a lot of time working for free for the Town of Queensbury. (Gave brief slide presentation of site with upgrades) Future efforts, we do want to put up a welcome sign with some up-lightings, some holiday decorations. As I said in the very beginning is that really what tonight is about is making sure that we recognize our volunteers because without them, this project would have been much more difficult to complete and I think Dennis would like to do the honors. SUPERVISOR BROWER-Thank you, Marilyn. It was a pretty creative idea that Jim had of putting a competition out within his company and at the time he was working for the LA Group fulltime. Leslie Pultz was the winner of the competition and believe me, I've seen the many drawings that she's had to come up with, sets of drawings and it took a tremendous effort and I know it took a great deal of time and I can't thank her enough and also the LA Group for enabling you to do this project. But certainly, we'd like to honor Leslie this evening, Leslie, would you come up please. And also, in addition to Leslie donating her time, Matt Steves of VanDusen and Steves Land Surveyors also donated the survey work for the project and Matt, if you'd come up as well. I just want to thank you both very, very much for your efforts and I have a little plaque for you. This says, special thanks to Leslie I. Pultz of the LA Group for design beautification services at Bay and Quaker Roads, the entryway to the Town Center. Matt, have a similar one, for your surveying services to beautify Bay and Quaker Roads, the entryway to the Town Center. Thank you very much. Marilyn, I want to thank you very much for the efforts you've put into this. I know the hours you've taken regarding the project and I know how you must have felt when the Post Star took at jam at it and the only thing I can say about it is, we were successful in getting a twenty-five thousand dollar grant and I think that went a long ways towards beautifying this corner. If the Town of Queensbury is going to continue to grow in the way it's grown in the past, and we do want to keep beautification in mind and open space and things of that nature, we have to have a balance. I think this is part of that balance, sure it's a small area in the Town of Queensbury but hopefully it will beautify the town a little bit and make it more attractive to those of us that travel the corridor on a regular basis. So, Marilyn, for your efforts, I want to thank you very much. CONTINUED PUBLIC HEARING - REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR JEFFREY AND REBA JOHNSON NOTICE SHOWN 7:20 P.M. SUPERVISOR BROWER-Are the applicants here by any chance? Would you come forward? Good evening. If you would just give us a little background about your project, I'd appreciate it. MRS. REBA JOHNSON-Alright. We now reside at Northwinds Mobile Home Park which is a very nice park but I have a desire to have my own land again and coming back to this area after being away for many years, I now own my home and the only way I could get my home onto my own land again, is to find land that I possibly could put my home on. So, when I purchased this property, that was the idea, that I would be able to move my paid for home on the land I also own. SUPERVISOR BROWER-Questions from board members at this time? COUNCILMAN BREWER-I have one question, when we last talked about this topic there was a vacant lot. Did you purchase that other lot? MRS. JOHNSON-No, we are unable to. COUNCILMAN BREWER-So, Chris, is the lot suitable for the MR. CHRIS ROUND, Executive Director-Yes, I spoke to Mrs. Johnson previously and the lot, I believe they can site a home without any variances besides this mobile home permit that you're entertaining tonight. COUNCILMAN BREWER-It fits no problem then. MR. ROUND, Executive Director-Yea. COUNCILMAN BREWER-That's all I had. SUPERVISOR BROWER-Okay, any other questions from board members? Hearing none, I want to thank you and if you'll sit down, we'll invite members of the public that like to comment on your proposal to come forward and speak on the issue. MRS. JOHNSON-Thank you. SUPERVISOR BROWER-Thank you. At this time, I'd like to invite any members of the public that care to address the Town Board regarding this public hearing to come forward. Okay, seeing none, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR JEFFREY AND REBA JOHNSON RESOLUTION NO.: 461, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code ~ 113-12, and WHEREAS, Jeffrey and Reba Johnson filed an application for a revocable "Mobile Home Outside a Mobile Home Court" permit to move their existing mobile home to their property located at 19 East Drive, Queensbury, and WHEREAS, the Town Board held public hearings concerning this application on October 21st, November 4th and November 18th, 2002, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Jeffrey and Reba Johnson in accordance with the terms and provisions of Queensbury Town Code ~113-12, with the condition that Mr. and Mrs. Johnson provide proof of ownership of the property if necessary, to the Town of Queensbury at the time of the building permit application. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None CORRESPONDENCE DEPUTY TOWN CLERK BARBER noted that the October, 2002 Monthly Report from Building and Codes has been received and filed. OPEN FORUM 7:25 P.M. MR. PLINEY TUCKER, 41 Division Road-Questioned whether we have an ordinance against snowmobiles on public roads? COUNCILMAN STEC-Noted, it's town law. SUPERVISOR BROWER-Questioned what roads they've been on? MR. TUCKER-Corinth Road, Division Road. Not on the road, on the right-of-way. Will you notify the Sheriffs Department? TOWN COUNSEL HAFNER-Mr. Supervisor, we've answered this for the Town Board in the past, I believe that there's a state statute that applies and it, I think, allows snowmobiles to go on the banks along roads and there's not anything the town can do about that, the state's preempted it and if that's something that the Town Board wants, I can pull out that memo. COUNCILMAN BOOR-That's on any road? TOWN COUNSEL HAFNER-That's on any road in the state. I mean, there are additional things towns can do to let people have more access but the state law is very clear about saying you can't do, you can't restrict access more then what we've done. SUPERVISOR BROWER-I know the State of New York has an effort to actually increase the snowmobiling within the state believing that it's a viable tourist draw and they're trying to expand areas along the Northway for example for utilization by snowmobiles and they're trying to get connections between communities so that people will be able to snowmobile for a long, long areas at a time. COUNCILMAN BOOR-So you're saying it's legal to drive across anybody's driveway with a snowmobile then? TOWN COUNSEL HAFNER-They're talking about the banks along highways and that's what the statute says and I'll pull out that memo, I'll make sure that you guys get a copy of it again. MR. TUCKER-Requested a copy of the memo. Referred to Resolution 6.1, adopting the town budget, and questioned whether it's the same budget as discussed at hearing? SUPERVISOR BROWER -Yes, with minor modifications pertaining to a couple of appropriations and revenues, a seven thousand dollar change in appropriation reduction and a seven thousand dollar in revenue reduction. MR. TUCKER-Questioned Resolutions 6.12 and 6.15? MR. HENRY HESS, Comptroller-Noted, Resolution 6.12 is the Health Insurance cost sharing formula for non-union staff and retirees. The board is making a change in the formula for non-union staff where no staff member will get totally free health insurance. If they choose the EPO plan, they'll pay two percent of the premium this coming year and if they take the PPO plan, they'll pay five percent of the total premium in the coming year but everybody will contribute at least a small amount toward their health insurance plan. Resolution 6.13, health insurance for elected officials is simply to take out the specific language out and it says that elected officials will receive the benefit of full time non-union staff. There's no significant change, just a language change to streamline it. Resolution 6.14, Vacation policy, at the last meeting the board ratified a contract with the union that kept the vacation schedule the same through nineteen years of service but added an employees get twenty days of vacation 0 their fifteenth, sixteenth, seventeenth and eighteenth year and beyond and starting in January 1st, this policy will give non-union employees the same benefit as union employees which will be twenty-one days in the twentieth year through the twenty-fourth year, twenty-two days in the twenty-fifth through the twenty-ninth year and twenty-three days of vacation a year at thirty years and thereafter. Resolution 6.15, Sick Leave Policy will be to allow employees, all employees in the town to accumulate, increase the accumulation from a hundred and forty to a hundred and ninety days, if they don't use their sick leave, and the purpose for that is so that employees that retire with the maximum amount of sick time can, they only get paid thirty days from the town but the employees retirement system will give them up to a hundred and sixty days of retirement credit, for any sick leave that they've accumulated and haven't got paid for. So, by increasing the accumulation entitlement from a hundred forty to a hundre and ninety, it gives the long term career employees the opportunity to get the maximum ERS benefit for unused sick time, at no cost to the town I might add. MR. TUCKER-Noted, I believe the Highway Department in the three snowstorms plowed private property at the end of Division Road and I want the board to know it. SUPERVISOR BROWER-The private property that Mr. Tucker referred to, we believe is a road by use of the Town of Queensbury but he doesn't agree with us. OPEN FORUM CLOSED 7:35 P.M. RESOLUTIONS RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2003 RESOLUTION NO.: 462,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board conducted a public hearing on November 7th, 2002 concerning the proposed 2003 Preliminary Budget and all interested persons were heard, and WHEREAS, the proposed 2003 Preliminary Budget presented at this meeting differs from the Preliminary Budget approved on October 21st and presented at the November 7th Public Hearing with regard to the following changes: Original Amended Fund Dept-Object Type Preliminary Change Preliminary 002 8810 Appropriation $13,100 (7,000) $6,100 002 Appropriated Fund Balance $82,270 (7,000) $75,270 910 0910-2665 Revenue $7,000 (7,000) 0 910 8160 Appropriation $6,300 (5,800) $500 910 Appropriated Fund Balance $27,318 1,200 28,518 and WHEREAS, the proposed 2003 Preliminary Budget sets forth the proposed 2003 salaries of the Town's Elected Officials as required by New York State Town Law ~27, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the 2003 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR $55,433 DEPUTY SUPERVISOR $ 1,327 TOWN COUNCILMAN (4) $14,322 (each) TOWN CLERK $53,151 TOWN HIGHWAY SUPERINTENDENT $58,350 TOWN JUSTICES (2) $34,373 (each) and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts, with the changes referenced in this Resolution, the 2003 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2003 and authorizes and directs the Town Clerk to enter the Adopted Annual Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to prepare and certify duplicate copies of the Adopted Annual Budget and deliver one copy to the Queensbury Town Supervisor so that he may present it to the Warren County Board of Supervisors. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None BEFORE VOTE: MR. HESS, Comptroller-I'd like to add, the two town wide funds for total general town operations, spending is up slightly but the tax rate remains at zero this year. That was adopted last year and the town's fortunate and it will be zero taxes levied for total general town operations under this budget and the total emergency services budget will, the tax levy for that will go down slightly over one percent this year. (vote taken) AFTER VOTE: SUPERVISOR BROWER-I just want to thank Henry Hess for the diligent work you did again this year, Henry, on the budget. I know it's extremely laborious project but certainly it's necessary and we seem to do it on time every year. So, I thank you for your efforts. RESOLUTION SETTING HEARING CONCERNING UNSAFE MOBILE HOME LOCATED ON PROPERTY OWNED BY ROBIN NEWELL RESOLUTION NO.: 463,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) has inspected a mobile home on property owned by Mrs. Robin Newell located at 210 Sunnyside Road in the Town of Queensbury (Tax Map No.: 290.06-1-8) and has found that it is deteriorating, showing signs of collapse and is unsafe, and WHEREAS, upon information and belief, Scott Newell maintained this property for Robin Newell, his wife, and WHEREAS, the Director advised Mr. Newell to take appropriate measures to either remove the home from the property or repair the home as necessary as more specifically set forth in the Director's April 1st, 2002 letter to Mr. Newell presented at this meeting, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the mobile home is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to repair or remove the mobile home, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law ~130(l6), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be renovated or demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the mobile home owned by Robin Newell and located at 210 Sunnyside Road in the Town of Queensbury (Tax Map No.: 290.06-1-8) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning this matter on December 2nd, 2002 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law ~130(l6). Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None BEFORE VOTE: MR. DAVE HATIN, Director of Building and Codes-The location is the corner of Sunnyside and Ridge Road, there's a blue house that sits right on the corner, this mobile home sits behind that house, it's pink and white or red and white. I've been in contact with Scott Newell who is the husband of the owner Robin Newell several times. He did file for a demolition permit but has not followed through with his promise to me to demolish the home by September of this year or October. So, and I've had two calls into him with no response so therefore have transferred it to the board for action. SUPERVISOR BROWER-Is anyone living in that? MR. HATIN, Director of Building and Codes-No, this has been vacant, it's full of used car parts and scrap debris. COUNCILMAN BOOR-Now, does that property also include the rental apartment? I mean, is it one property? MR. HATIN, Director of Building and Codes-It's one property with the blue house that sits on the corner and the mobile home. COUNCILMAN BOOR-Now, there have been complaints in the past about other vehicles on that property that aren't registered. MR. HATIN, Director of Building and Codes-That's gone to court and been dealt with. COUNCILMAN BOOR-It has been, okay. MR. HATIN, Director of Building and Codes-Yes. (vote taken) RESOLUTION APPOINTING ELISE CARR TO THE POSITION OF AQUATICS SUPERVISOR IN TOWN RECREATION DEPARTMENT RESOLUTION NO. : 464, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Recreation Commission and Director of Parks and Recreation recommend appointment of a full-time Aquatics Supervisor in the Parks and Recreation Department, and WHEREAS, the Recreation Commission and Director and posted availability for the vacant, full- time position, reviewed resumes and interviewed interested candidates, and WHEREAS, the Recreation Commission Personnel Committee and Director have made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Elise Carr to the position of Recreation Aquatics Supervisor in the Queensbury Department of Parks and Recreation effective November 19th, 2002 and subject to a six month probation period, and BE IT FURTHER, RESOLVED, that Ms. Carr shall be paid an annual salary of $26,000 to be paid on a weekly basis, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Comptroller's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of November, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION APPOINTING OPERATOR TRAINEE IN TOWN WATER DEPARTMENT RESOLUTION NO. 465, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, a Town of Queensbury Water Department Operator recently retired, and WHEREAS, a Warren County Civil Service list exists for candidates for the position of Water Plant Operator Trainee and the Town Deputy Water Superintendent has conducted interviews with the top three candidates and now recommends that the Town Board authorize the provisional appointment of Francisco Lopez to the position of Operator Trainee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Francisco Lopez to the position of Operator Trainee effective November 19th, 2002 or the date thereafter that he commences his position as Operator Trainee, and BE IT FURTHER, RESOLVED, that Mr. Lopez shall be paid an hourly salary of $13.14 in accordance with the current CSEA Agreement and shall be subject to an eight (8) month probation period, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of November, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2002 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO ESTABLISH AND IMPOSE SEWER RENTS FOR PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT AND INCREASE ANNUAL CHARGES FOR QUEENSBURY TECHNICAL PARK SEWER DISTRICT AND SET ANNUAL CHARGES FOR PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT AND SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 466,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2002 to amend Queensbury Town Code Chapter 136, Article XXIV entitled "Establishment of Sewer Rents," which Local Law would establish and impose sewer rents for properties within the Pershing- Ashley-Coolidge Sewer District, modify the annual sewer rent rate in the Queensbury Technical Park Sewer District and set the annual sewer rent rate in the Pershing-Ashley-Coolidge and South Queensbury - Queensbury Avenue Sewer Districts, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O, Town Law Article 16 and General Municipal Law Article 14-F, 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 December 2nd, 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 18th day of November, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #4638 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 467,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 4638, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty-five thousand dollars ($25,000), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant which is in excess of the grant maximum and is an eligible use of program funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4638 in the Town of Queensbury, New York in the amount not to exceed twenty-five thousand dollars ($25,000) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT None RESOLUTION AUTHORIZING EXECUTION OF NEW YORK ST ATE SMALL CITIES PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR $25,000 IN FUNDS RECEIVED FROM THE SMALL CITIES STRATEGIC PLAN TECHNICAL ASSISTANCE PROGRAM RESOLUTION NO.: 468,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has received $25,000 in grant funds from the New York State Small Cities Strategic Plan Technical Assistance Program, such funds to be used for creation of a Town Housing Strategic Plan, and WHEREAS, the Town Board wishes to authorize execution of the New York State Small Cities Program Community Development Block Grant Agreement and establish appropriations and estimated revenues for the $25,000 grant award, and WHEREAS, a copy of the proposed Grant 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 accepts the $25,000 in grant funds received from the New York State Small Cities Strategic Plan Technical Assistance Program and authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Senior Planner to execute the New York State Small Cities Program Community Development Block Grant Agreement and any other associated documentation and take any other action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further establishes appropriations and estimated revenues in the amount of $25,000 for such grant funds, such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Comptroller's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to amend the 2002 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 469, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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: CEMETERY: FROM: TO: $ AMOUNT: 02-8810-2001 Equipment) 02-8810-2001 Equipment) 02-8810-2001 Equipment) CENTRAL MAILING: FROM: 01-1670-2010 (Central Mailing-Office Equipment) COMMUNITY DEVELOPMENT: FROM: 01-3620-1060 Full-Time) 01-8020-1610 (Planning Assistant) 01-8020-1610 (Planning Assistant) 01-8020-1610 (Planning Assistant) HIGHWAY: FROM: 04-5130-1310 Clerk) WASTEWATER: FROM: 034-8130-4425 Disp.) 02-8810-4400 (Misc. Contractual) 02-8810-4230 (Receiver of Taxes Water) 02-8810-4030 (Postage) TO: 01-1670-4791 (Maintenance Contracts) TO: 01-3620-4155 (Contracted Temp. Pers. Services) 01-8020-1910-002 (Sr. Typist -Overtime) 01-8020-1619 (Land Use Planner) 01-8020-4030 (Postage) TO: 04-5130-4480 (Tires) TO: 034-8120-4800 (Equipment Repairs) WATER: FROM: 40-8310-4400 Contractual) TO: 40-8310-4010 (Office Supplies) 700. (Misc. 500. (Misc. 50. (Misc. $ AMOUNT: 650. $ AMOUNT: 3,000. (Clerk- 650. 3,800. 500. $ AMOUNT: 2,500. (Parts $ AMOUNT: 2,000. (Sewage Treatment & $ AMOUNT: 1,000. (Misc. 40-8320-4400 Contractual) 40-8320-4301 (Late Fees) 25. (Misc. 47-8340-4400 Contractual) 47-8310-4130 (Legal Fees) 1,300. (Misc. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING TOWN COMPTROLLER TO ATTEND ASSOCIATION OF GOVERNMENT ACCOUNTANTS' ACCOUNTING, FINANCIAL REPORTING AND BUDGETING COURSE RESOLUTION NO.: 470, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Comptroller has requested Town Board authorization to attend the 2002 Association of Government Accountants' Accounting, Financial Reporting and Budgeting Course, and WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Town Comptroller Department's budget, and WHEREAS, in accordance with Town Policy the Queensbury Town Board must authorize out-of- state travel by Town employees, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Comptroller to attend the 2002 Association of Government Accountants' Accounting, Financial Reporting and Budgeting Course in Bethesda, MD from December 11th through December 13th, 2002, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the course are proper Town charges and that all expenses shall be paid for from the appropriate Town Account. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD RESOLUTION NO.: 471, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield, and WHEREAS, the Town Comptroller, in conjunction with Capital Financial Group, has negotiated renewal contracts for the year 2003 with Empire Blue Cross Blue Shield, with the exception that the Town will not be offering Matrix coverage after December 31st, 2002, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for the year 2003 with Empire Blue Cross Blue Shield, with the exception that the Town will not be renewing its contract for Matrix health coverage, with the 2003 monthly premiums to be as follows: INDIVIDUAL F AMIL Y MEDICARE INDIVIDUAL PPO 297.60869.96273.70 EPO 283.38828.38260.62 DENTAL 54.3654.36 N/A and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Comptroller to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ESTABLISHING HEALTH INSURANCE COST-SHARING FORMULA FOR ELIGIBLE TOWN OF QUEENSBURY NON-UNION STAFF AND RETIREES RESOLUTION NO.: 472, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by previous Resolution, the Queensbury Town Board approved and authorized renewal contracts for the year 2003 with Empire Blue Cross Blue Shield, and WHEREAS, the Town wishes to accordingly establish a health insurance cost-sharing formula for eligible non-union staff and retirees, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the following health insurance cost -sharing formula for eligible non-union staff and retirees, effective commencing January 1st, 2003 until changed by the Town Board: COVERAGE OPTION NON-UNION EMPLOYEE SHARE RETIREE SHARE Matrix N/ A N/ A PPO 10% 10% EPO 2% 2% Dental- Individual $ 7 per month N/A Dental- Family $10.50 per month N/A and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Comptroller to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT TO TOWN OF QUEENSBURY EMPLOYEE HANDBOOK ~70 lA ENTITLED "HEALTH INSURANCE FOR ELECTED OFFICIALS" RESOLUTION NO.: 473, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to amend its Employee Handbook ~701A "Health Insurance for Elected Officials" to allow for a revised health insurance contribution plan for employees, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the amendment of Employee Handbook ~701A entitled "Health Insurance for Elected Officials" to read as follows: 701A Health Insurance for Elected Officials Full-Time Elected Officials: * Full-time elected officials are entitled to the group health, prescription and dental insurance benefits afforded non-union full-time staff. * If the full-time elected official has other qualifying health insurance, he/she may waive coverage under the Town's Group Health Insurance Plans and receive a $95 per month waiver payment. * Full-time elected officials are entitled to other employee benefits afforded non-union full-time staff in the Employee Handbook. Town Councilpersons: * Town Councilpersons are entitled to the group health and prescription benefits afforded non-union full- time staff. * Councilpersons may waive coverage under the Town's Group Health Insurance Plans and receive a $95 per month waiver payment. * Town Councilpersons may subscribe to the Town's dental plan by paying 100% of the premiums through payroll deduction. * Town Councilpersons are entitled to other employee benefits afforded non-union part -time staff in the Employee Handbook. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of this Resolution to all Town employees and amend the Employee Handbook accordingly. Duly adopted this 18th day of November, 2002 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT TO TOWN OF QUEENSBURY EMPLOYEE HANDBOOK ~706 ENTITLED "VACATION POLICY" RESOLUTION NO.: 474, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board wishes to amend its Employee Handbook ~706 "Vacation Policy" to allow employees who have worked at the Town for 20, 25 and 30 years to accumulate additional vacation days, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the amendment of Employee Handbook ~706 entitled "Vacation Policy" as follows: AFTER COMPLETION OF: VACATION (DAYS) 1 Year of Service 10 5 Years of Service 12 10 Years of Service 15 11 Years of Service 16 12 Years of Service 17 13 Years of Service 18 14 Years of Service 19 15 Years of Service 20 20 Years of Service 21 25 Years of Service 22 30 Years of Service 23 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of this Resolution to all Town employees and amend the Employee Handbook accordingly. Duly adopted this 18th day of November, 2002 by the following vote: AYES :Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT TO TOWN OF QUEENSBURY EMPLOYEE HANDBOOK ~707 ENTITLED "SICK LEAVE POLICY" RESOLUTION NO.: 475, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board wishes to amend its Employee Handbook ~707 "Sick Leave Policy" to allow all employees to accumulate up to 190 days of sick leave, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the amendment of Employee Handbook ~707 entitled "Sick Leave Policy" to read as follows: 707 Sick Leave Policy The Town provides sick leave benefits for eligible full-time employees to be used only in cases of personal illness. Permanent part-time employees receive sick leave on a pro-rated basis. Temporary/seasonal employees are not entitled to receive paid sick leave benefits. Sick leave is an eamed privilege and should be treated as one. Proper use of sick leave makes good sense. Accumulated sick leave means a paycheck when you cannot work and need it most. Sick Leave Accrual and Accumulation Full-time employees will eam sick leave at the rate of one (1) day per month. Sick leave will be credited in hours on the first day of each month that the employee is in "paid-employment" status or on Workers' Compensation Leave. Beginning on November 19, 2002, sick leave may be accumulated to a maximum of 190 days. Sick leave forfeited because of the previous 140 day accumulation limit is not recoverable. Use of Sick Leave Sick Leave may be taken in two (2) hour increments. All employees, unless subject to other provisions of the CSEA contract, must notify their department head or supervisor of their request to use Sick Leave at least thirty (30) minutes prior to the time that the work shift commences. If an employee fails to give proper notice, he/she shall not be compensated for Sick Leave for that day. Physician's Verification A department head may, at the end of an employee's use of three (3) consecutive sick easy, request a physician's verification of an employee's illness or continued illness. Failure to produce such documentation may result in the employee being docked for those days if it has been found the employee has been abusing the use of sick leave. Separation From Employment If an employee is terminated, laid-off or resigns from the Town, the balance of any unused sick leave is automatically lost. Sick Leave at Time of Retirement At time of retirement, full-time employees hired on or before January 1, 1976, will receive cash payment at the regular rate of pay for one-half of accumulated sick leave. Full-time employees hired after January 1, 1976 will receive cash payment at the regular rate of pay for a maximum of thirty (30) days of accumulated sick leave. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of this Resolution to all Town employees and amend the Employee Handbook accordingly. Duly adopted this 18th day of November, 2002 by the following vote: AYES :Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING DETERMINATION AND FINDINGS CONCERNING ACQUISITION OF PROPERTY RIGHTS BY EMINENT DOMAIN RELATED TO SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 476, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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, as part of the Project, it will be necessary to run a sewer line across property owned by the Niagara Realty Statutory Trust and also across property owned by the City of Glens Falls Industrial Development Agency, which, upon information and belief, is under contract with the Niagara Realty Statutory Trust and therefore the Niagara Realty Statutory Trust holds equitable title, and WHEREAS, the properties over which easements are proposed to be acquired are located along Apollo Drive to the south of Quaker Road, north and south of the Queensbury- Whitehall Transmission Line Right- of-Way, Queensbury, New York, a portion also being in Glens Falls, New York and include portions of properties identified as Tax Map No's. 303.14-1-33, 303.10-1-10 and 303.15-1-17, and WHEREAS, the Town attempted to negotiate with the property owners to obtain the necessary Project easements but it appears that the Town will not be able to obtain consent to easements in a timely fashion, and WHEREAS, in accordance with Eminent Domain Property Law ~201, the Town Board may exercise its rights to acquire such easements by eminent domain property rights in order to serve a public purpose, and WHEREAS, on October 21st, 2002, the Town Board held a public hearing to inform the general public about the project, review the public use to be served by the project and the potential impacts on the environment and the residents of the locality where the project is to be located and the Town Board heard all persons interested in the proposed project, and WHEREAS, by Resolution No.: 411,2002 the Queensbury Town Board, in accordance with the New York State Eminent Domain Procedure Law, determined that acquisition of the real property rights referred to in the preambles of this Resolution would serve a public purpose since there are no feasible alternative locations for the necessary easements, authorized and directed the commencement of the necessary Eminent Domain proceeding, NOW, THEREFORE, BE IT RESOLVED: 1. As and for its findings in this matter as required by Eminent Domain Procedure Law ~204, the Queensbury Town Board (Board) hereby adopts findings set forth in the document presented at this meeting and annexed to this Resolution entitled "Determination and Findings Concerning Acquisition of Property Rights by Eminent Domain Related to South Queensbury - Queensbury Avenue Sewer District. " 2. Determination of Public Necessity: As and for its determination in this matter as required by Eminent Domain Procedure Law ~204, the Board hereby adopts the determination set forth in the document presented at this meeting and annexed to this Resolution entitled "Determination and Findings Concerning Acquisition of Property Rights by Eminent Domain Related to South Queensbury - Queensbury Avenue Sewer District. " 3. Further Proceedings: The Board hereby authorizes the Town Supervisor, Wastewater Director or Deputy Wastewater Director to engage the services of an appraiser, engineer and/or surveyor and authorizes such further proceedings under the Eminent Domain Procedure Law as may be necessary to effectuate condemnation of the subject property. 4. Publication of ~4, Publication of Synopsis: The Board hereby authorizes and directs the Town Clerk to publish pursuant to Eminent Domain Procedure Law ~204(A) a brief synopsis of these findings and determination in at least two (2) successive issues of the Glens Falls Post-Star, such synopsis to include the factors set forth in Eminent Domain Procedure Law ~204(B)(1)(2)(3) and (4) and shall also state that copies of the determination and findings will be forwarded upon written request without cost. 5. Effective Date: This Resolution shall take effect immediately. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Town Counsel to execute and file any necessary documentation and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None BEFORE VOTE: TOWN COUNSEL HAFNER-What you're doing is we're moving forward with the eminent domain for the Queensbury Avenue Sewer District for the property going from Quaker along Apollo Drive over to Dix Avenue. We're following the statute, there's certain determinations that you're making here tonight and I thought it would be probably be a good idea to summarize them for the record. They are in the determination that's attached to your resolution and made a part of it and these are the findings that the Town Board is making tonight. The first revolves around the public use, the benefit to the public and it goes on about what you already know about Queensbury Avenue Sewer District, the benefit to the public, the Intermunicipal agreement that the town entered into with the Counties of Warren and Washington and with the Town of Kingsbury, all the municipalities together are going to be benefited by this sewer district, the part of the Town of Queensbury that's benefited. The fact that we have tried to come to an agrement as to the easement, we came to an agreement as to form but we could not deal with the owner's financing concerns. We have the immediate need because we need to get this project done, we have financing in place, we have a bid that's out there and they're starting work and working on the project right now. That you have looked at a map that shows you the approximate location that we're proposing to take in eminent domain and it follows the Apollo Drive property and it's detailed on the map. That the owners of the property are Niagara Realty Statutory Trust which is the two parcels that are in the Town of Queensbury right adjacent to Quaker Road and also the bigger parcel is owned by the City of Glens Falls Industrial IDA which owns the property where the Niagara Mohawk Office Building is. That to move the location would cause significant delays and increased costs and then you go on to talk about the minimal impact to the environment and to the residents and owners of the property and that you determin that it is a necessity to go forward with this eminent domain. Those are things that are in the Determination and Findings. Then in the resolution you make those findings, you also authorize the Town Supervisor, Town Wastewater Director and Deputy Wastewater Director and Town Counsel with the court pleadings to sign the documents necessary to move forward with this and also to be able to hire an appraiser which will be needed as part of this process and an engineer and or surveyor because the next step is to finalize the map in form that can be properly filed. (vote taken) RESOLUTION OF SUPPORT AND CONCURRENCE WITH WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 477, 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 sub-zones including portions of the City of Glens Falls, Town of Queensbury, Town of Lake George, Town of Warrens burg, Town of Chester, Town of Johnsburg, Town of Bolton, Town of Horicon, Town of Lake Luzerne and the Town of Thurman, 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 .32 acres to include tax parcel number: 302.6-1-58.21 * The addition of .24 acres to include tax parcel number: 308.16-1-71 * The addition of .91 acres to include tax parcel number: 303.20- 2-17 * The addition of 1.76 acres to include tax parcel number: 303.20-2-18 * The addition of 1.03 acres to include tax parcel number: 309.10-1-37 * The addition of 1.29 acres to include tax parcel number: 303.15- 1-36.1 * The addition of 1.24 acres to include tax parcel number: 303.15-1-35 * The addition of5.22 acres to include tax parcel number: 309.10-1-92.2 * The addition of 5.20 acres to include tax parcel number: 309.10-1-92.1 * The addition of 3.77 acres to include tax parcel number: 309.9-2-7 * The addition of 5.83 acres to include tax parcel number: 309.10-1-82 * The addition of 1 acre to include tax parcel number: 309.10-1-83 * The addition of 3.92 acres to include tax parcel number: 309.10-1-84 * The addition of 3.91 acres to include tax parcel number: 309.14-1-86 * The addition of 17.81 acres to include tax parcel number: 309.14-1-89 * The addition of2.60 acres to include tax parcel number: 308.20-1-2 * The addition of 2.43 acres to include tax parcel number: 308.20-1-6 * The addition of .29 acres to include tax parcel number: 288.20-1-20 * The addition of .50 acres to include tax parcel number: 314.-1-3 * The addition of .41 acres to include tax parcel number: 315.5-1-3.1 * The addition of .15 acres to include tax parcel number: 307.-1-30 * The deletion of 1.86 acres to include tax parcel number: 302.7-1-44 * The deletion of 12.37 acres to include tax parcel number: 297.20-1-2 * The deletion of 1.09 acres to include tax parcel number: 297.16-1-1 * The deletion of .71 acres to include tax parcel number: 297.16-1-2 * The deletion of 5.12 acres to include tax parcel number: 309.6-1-78 * The deletion of 3.51 acres to include tax parcel number: 309.13-2-25 * The deletion of 27.76 acres to include tax parcel number: 303.12-1-9 * The deletion of .53 acres to include tax parcel number: 309.17-1-15.1 * The deletion of .88 acres to include tax parcel number: 288.20-1-20 which parcels and tax map numbers must coincide exactly with the map presented at this meeting and made a part hereof in order to be effective, 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 18th day of November, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None BEFORE VOTE: SUPERVISOR BROWER-This basically is an action to ratify or approve the actions of the Zone Administrative Board. Basically, after January 1st, 2003, any new additions to the Empire Zone will have to be contiguous, either parcels next to each other or a strip of land from one Empire Zone to another. Chris Round and I have met with Maureen Donovan and Len Fosbrook of the Warren County Economic Development Corporation. We reviewed the maps and the parcels that were in the zone and we actually made some recommendations for additions as well as deletions of some parcels that were in the zone in error. We came up with this list as twenty-one additions and nine deletions for a net gain of actual Empire Zone property for the Town of Queensbury. COUNCILMAN BOOR-I met with Maureen Donovan and Len Fosbrook with Ted, there were a couple that I wasn't crazy about but all in all, they were fine. The problem I do have here though is, we've got a list of property numbers but I don't know if this coincides with the map that I was shown and so I would add that if these don't coincide with the map I saw, I certainly won't vote. I don't know what these parcels are, I don't have a map and you know, I have no idea what these things are. SUPERVISOR BROWER-Well, that's how the first Empire Zone was presented to you as well. COUNCILMAN BOOR-I don't care and I had a problem with that. SUPERVISOR BROWER-But you did COUNCILMAN BOOR-I had a problem with that the first time too, Dennis, for the same reason, I didn't know what I was voting for. SUPERVISOR BROWER-But you did review the map when you were COUNCILMAN BOOR-And if the map is the same as these numbers, I will say fine. If it's the map that Carolyn Barber showed me today, I have no problem with it but I don't know that these numbers are the same as what's on that map. SUPERVISOR BROWER-Well, Carolyn, I think you have a map attached, we have one map that's attached to the main resolution which you're welcome to view if you would like to. COUNCILMAN BOOR-I'm not going to view it now. SUPERVISOR BROWER-But it is consistent with, it will be consistent with the map they showed you, I can assure you of that. COUNCILMAN BOOR-It will be, and that can be part of the record then. SUPERVISOR BROWER-Yes. COUNCILMAN BOOR-There will be nothing on here that isn't on that map. TOWN COUNSEL HAFNER-If that's something that you're, I mean if we're sure that the map is the same as these numbers, we can add a sentence to the resolution that says that SUPERVISOR BROWER-Let's do it. COUNCILMAN BOOR-And then I'd be happy as a clam. COUNCILMAN STEC- The map is attached as an addendurn. TOWN COUNSEL HAFNER-Yea, that's fine. SUPERVISOR BROWER-Because I just want to assure you there's no attempt to bamboozle anybody. COUNCILMAN BOOR-I don't think that there's an attempt, it's just that these are just numbers, I have no idea what they are. SUPERVISOR BROWER-I understand. They're tax map parcel ID's. TOWN COUNSEL HAFNER-Roger, I'm going to propose just adding on the second page, you've got that big Resolved that begins on the bottom of the first page, it includes that huge list and at the very end, still in that same Resolved, I would propose adding to deal with your concern, which parcels and tax map numbers must exactly coincide with the map presented at this meeting and made a part of this resolution in order to be effective. COUNCILMAN BOOR-Perfect. SUPERVISOR BROWER-Now, we have a motion and second, do you agree to the amendment? COUNCILMAN STEC-Yes. COUNCILMAN BREWER-Yes. (vote taken) RESOLUTION AUTHORIZING EXTENSION OF UNPAID LEAVE OF ABSENCE FOR SANDY KRUGER RESOLUTION NO.: 478,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec DISCUSSION: MR. HESS, Comptroller-This is a resolution that came about late and I've talked to Chris, Sandy works in Chris's department and I think it's, he and I both agree that it's worth discussing this in Executive Session before the board takes action, since it is a personnel matter and there's extenuating circumstances.... Board agreed to hold. TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-Noted that he received a call from someone that lives on Palmer Drive who would like to reduce the speed limit... Palmer Drive is sixteen feet wide with a speed limit of 30 MPH, located on the edge of the river bank... MR. ROUND, Executive Director-There's a statutory limit by which how far you can reduce the speed limit down and it's around 30 MPH.... A caution sign maybe. COUNCILMAN BREWER-Requested Town Counsel to research. ATTORNEY MATTERS TOWN COUNSEL HAFNER-Referred to resolution and memo submitted to Town Board on behalf of counsel and comptroller's office regarding the purchasing policy... Would like to know how the board wants to proceed, possibly an attorney client meeting sometime to discuss this further? SUPERVISOR BROWER-Maybe we can talk about that tonight in Executive Session. TOWN COUNSEL HAFNER-Well, Executive Session is different then Attorney Client. SUPERVISOR BROWER-Well, we'll move from one to the other.... Board agreed. I know I've got a couple of personnel matters to discuss in Executive Session and potentially a litigation matter. MR. ROUND, Executive Director-November 4th, I drafted a memo on behalf of Bob and Henry and myself regarding proposed changes to the lighting and lighting districts and we are continuing work on that and I just want to make sure that our work is not going to be in vain. We do progress towards revising the policy that will allow you alternatives to install architectural lighting and that's specifically to address a particular initiative, the Lake George outlets lighting area. We are looking at district consolidation. We will present you, when we have the results of a mapping and audit that we hope to have possibly in the next couple of months, be able to demonstrate what the impacts of consolidation would be as far as rate structure and how the policy, but we are continuing to work on that and I just want to make sure you knew that. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 479, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a matter of Potential Litigation, Potential Settlement of Litigation, and Personnel Matters. Duly adopted this 18th day of November, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO.: 480, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 18th day of November, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION RESOLUTION AUTHORIZING EXTENSION OF UNPAID LEAVE OF ABSENCE FOR SANDY KRUGER RESOLUTION NO.: 478,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Sandy Kruger, an employee in the Town of Queensbury's Department of Building and Codes, has been out on disability leave since June 14th, 2002 and accordingly began receiving disability payments effective June 21st, 2002, and WHEREAS, Ms. Kruger's eligibility for such disability payments will expire December 20th, 2002, and WHEREAS, Ms. Kruger was placed on Family Medical Leave under the Federal Family Medical Leave Act (FMLA) on June 25th, 2002 and such Family Medical Leave expired on September 17th, 2002, and WHEREAS, Ms. Kruger exhausted all paid leave available to her, and WHEREAS, by Resolution No.: 429,2002, the Queensbury Town Board authorized an unpaid leave of absence to Ms. Kruger effective September 18th, 2002 through November 5th, 2002 in accordance with the Town's Agreement with the Town of Queensbury Civil Service Employee's Association (CSEA), and WHEREAS, by Resolution No.: 459,2002, the Town Board authorized an extension of Ms. Kruger's unpaid leave of absence through November 24th, 2002, and WHEREAS, in accordance with the Town's Agreement with CSEA, Town Board approval is necessary before an employee may take or extend such a leave, and WHEREAS, the Town Board has carefully considered the circumstances of Ms. Kruger's request and the Executive Director of Community Development's recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an extension of the unpaid leave of absence to Sandy Kruger effective September 18th, 2002 through December 20th, 2002 in accordance with the Town's Agreement with the Town of Queensbury Civil Service Employee's Association (CSEA), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of November, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION TO ADJOURN BOARD MEETING RESOLUTION NO.: 481, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 18th day of November, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY