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2003-10-06 REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 REGULAR TOWN BOARD MEETING OCTOBER 6TH, 2003 7:00 P.M. 648 MTG#43 RES#430-448 B.H. 37-38 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY W ASTEW ASTER DIRECTOR, MIKE SHAW COMPTROLLER, HENRY HESS HIGHWAY SUPERINTENDENT, RICK MISSIT A DEPUTY HIGHWAY SUPERINTENDENT, MIKE TRAVIS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DENNIS BROWER SUPERVISOR BROWER-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 430,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 6th day of October, 2003, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 Noes: None 649 AbsentNone PUBLIC HEARING - SEWER VARIANCE - LEONA BECKERLE OPENED 7:05 P.M. NOTICE SHOWN TOM JARRETT, JARRETT MARTIN ENGINEERS REPRESENTING LEONA BECKERLE MR. JARRETT-Representing the Curren and Beckerle families with regard to a property on Rockhurst where they need to replace an existing wastewater disposal system that has failed. The only system we feel can be put in its place is a holding tank so we are applying for a holding tank variance. We've designed it with two fifteen hundred gallon tanks the tanks are to be situated between the existing structure and the roadway. There is approximately ten feet of distance between the road and the house the tanks would be situated in that location. I'll open it up to questions. SUPERVISOR BROWER-Any questions by board members at this time? COUNCILMAN BOOR-Currently what's there? MR. JARRETT-There is an old antiquated leaching system right behind the house the same location where the holding tank is proposed essentially right on and next to and under the pavement. COUNCILMAN STEC-And it is failed Tom? MR. JARRETT - Yes. The system partially collapsed it cannot be rehabilitated in its current configuration. COUNCILMAN BOOR-I don't have a problem with it. COUNCILMAN TURNER-I don't have a problem with it. SUPERVISOR BROWER-There would be alarms on these tanks, of course? MR. JARRETT -Correct. I believe you'll see that on the plan. COUNCILMAN BREWER-Where's their driveway? REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 650 MR. JARRETT-There a driveway immediately to the north of the steps it's along the north property line. COUNCILMAN BREWER-So you won't be driving over it? MR. JARRETT-They are going to be designed as heavy-duty tanks that will take traffic loading. COUNCILMAN BOOR-You can. COUNCILMAN BREWER-I just want to make sure they have the.... MR. JARRETT-Because of the proximity to the road and because of high ground water in the area there will be heavy-duty tanks. SUPERVISOR BROWER-If there are no more questions from the board at this time I'll open the public hearing and invite interested parties that would care to comment on the application before us for holding tanks at 69 Rockhurst Road in Cleverdale to come forward at this time. JIM FARLEY-67 ROCKHURST ROAD-I have property at 67 Rockhurst the property to the south of the Beckerle' s, I have no objections. I reside at 10 Cedarwood Drive in Queensbury. I have no objections to the holding tanks. The only thing I would like to get into the record is that if there is any damage done to my lawn that it be restored to the condition by the Beckerle' s prior to the installations of the tanks. SUPERVISOR BROWER-Would anyone else care to comment on the public hearing before us this evening? DEPUTY TOWN CLERK, O'BRIEN-I have a letter Dennis to read. This was received in our office October 1,2003 at 12:30 p.m. TO: CHAIRMAN, BOARD OF HEALTH FOR TOWN OF QUEENSBURY FROM: DR. HENRY T. NAGEMATSU, 75 ROCKHURST ROAD, CLEVERDALE SUBJECT: APPLICATION OF LEONA BECKERLE FOR SEWAGE DISPOSAL VARIANCES TO INSTALL A HOLDING TANK DEAR SIR: Leona Beckerle and her deceased husband purchased the 67 Rockhurst Road property as a summer camp in 1956, when the Rockhurst Road properties were being developed. At that time there were no regulations for the sewage disposal system. REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 651 In 1956 Leona Beckerle raised the camp, installed the cellar, and winterized the cottage so she can live there all year. We built our cottage, 75 Rockhurst, in 1960 as a summer place. In 1980 we raised the cottage and installed a cellar with a heat pump. I recommend that the sewage disposal variance to install the holding tanks by Leona Beckerle be approved. Sincerely, Henry N agematsu SUPERVISOR BROWER-Mr. Jarrett do you have anything else you'd like to present? MR. JARRETT-NO. SUPERVISOR BROWER-Further questions of the Engineer? COUNCILMAN BOOR-No. I'm pleased, I think this is the appropriate method in lieu of setbacks from the lake and property line and just the general terrain up there. I'm happy to see that's the way they want to go with it as opposed to an Eljin system. SUPERVISOR BROWER-That being the case. DEPUTY TOWN CLERK O'BRIEN-Did you close the public hearing? PUBLIC HEARING CLOSED 7:10 P.M. COUNCILMAN BREWER-Tom you don't have a problem with the one condition of the neighbor? MR. JARRETT-No. We had discussed that with the neighbor that's not a problem. COUNCILMAN BREWER-We can just add that in there Bob. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR LEONA BECKERLE RESOLUTION NO.: BOH 37, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 652 WHEREAS, Leona Beckerle has filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow a holding tank and three (3) additional variances from Chapter 136 to allow: 1. placement of the holding tank/septic tank two feet nine inches (2'9") from the east property line in lieu of the required ten feet (10') setback; 2. placement of the holding tank/septic tank eight feet six inches (8'6") from the south property line in lieu of the required ten feet (10') setback; and 3. placement of the holding tank/septic tank one foot eight inches (1 '8") from the dwelling in lieu of the required ten feet (10') setback; on property located at 69 Rockhurst Road, Cleverdale in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on October 6th, 2003, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. Due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. The Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and 3. The variances are granted contingent upon the applicant agreemg to restore the neighbor's property; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Leona Beckerle for variances from the Sewage Disposal Ordinance to allow a holding tank and allow: 1. placement of the holding tank/septic tank two feet nine inches (2'9") from the east property line in lieu of the required ten feet (10') setback; REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 653 2. placement of the holding tank/septic tank eight feet six inches (8'6") from the south property line in lieu of the required ten feet (10') setback; and 3. placement of the holding tank/septic tank one foot eight inches (1 '8") from the dwelling in lieu of the required ten feet (10') setback; on property located at 69 Rockhurst Road, Cleverdale in the Town of Queensbury, bearing Tax Map No.: 227.13-2-32. Duly adopted this 6th day of October, 2003, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH38, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Regular Town Board of Queensbury. Duly adopted this 6th day of October, 2003, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner Noes: None AbsentNone PUBLIC HEARINGS SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2004 PUBLIC HEARING OPENED NOTICE SHOWN SUPERVISOR BROWER-At this time I'd like to open the public hearing regarding the benefit roll. Mike Shaw our Director of Wastewater is here. Good evening Mike, your on the record. REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 654 DIRECTOR OF WASTEWATER, MIKE SHAW-Good evening. This public hearing is on the propose roll for 2004 for the South Queensbury Sewer District this is our newest form of Sanitary Sewer District. This took quite a while to form and create. It's a district; I'm sure the board recalls it includes five different communities working together. It originally started off with an idea to provide sewer service in an industrial area around the airport, which involves Kingsbury, Queensbury, Washington County, Warren County, and we would be discharging the sewage to the City of Glens Falls. I've called the project early on the project from hell and it has been that. There were quite a few interesting twists along the way and quite a few things we had to overcome. The project is in the ground is operational about a week and a half ago and we are here crafting a way to pay for that. In Queensbury, quite often what we do with the Sanitary Rolls is we create a Benefit Tax Roll. A Benefit Tax Roll is a method where we assess units to parcels. The units have a menu a class menu and this menu will assess units based on acreage and water usage, which eventually turns into dollars into the taxpayers. What was interesting with this project is you can imagine this goes on your tax roll and in Queensbury this is our project we're funding the project, but we had no way to tax the people in Washington County because we couldn't put it in their tax roll we could only put the taxes on the roll of the people in Warren County. So we had crafted Intermunicipal Agreements with Washington County and Warren County, Kingsbury, to accept the way we bill. This roll as it appears before the board there are only sixteen parcels on it. These sixteen parcels are the parcels that are in Queensbury although most of them are vacant and very large this sewer system will enable those parcels to develop for the future. The Intermunicipal Agreements come in that we will be billing the people outside of the district in an identical formula through the Intermunicipal Agreement and will be billed directly from us and will be paid to Queensbury. In saying all that before you, you have our portion of the Benefit Tax Roll with the sixteen parcels on it for 2004. SUPERVISOR BROWER-Would you care to comment on the roll the grant played that Washington County had? DIRECTOR OF WASTEWATER, MR. SHAW-One of the significant pieces was financing on how are you going to put this together to have an affordable system. There were several sources of income that came about for us. Certainly Washington County had a failed treatment system, which they were under DEC consent and wanted to either build a new system or discharge it to Glens Falls. Glens Falls was a favorable discharge point from DEC's view so that's how we came into the picture. Washington County did secure DEC grants six hundred thousand. EDA Grant, which we had seventy two thousand dollars from and we had additional contributors through Warren Washington County IDA with three hundred and twenty five thousand so this enables this REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 655 project approximately two million dollars to move ahead and be affordable for the users. SUPERVISOR BROWER-Some of the significant parcels that are served are Warren County Airport, of course, The Floyd Bennett Memorial Airport. The Queensbury Industrial Park, which is the former Silver Bow property on Queensbury Avenue, and other commercial and light industrial venues along that corridor. Tom did you have something to add? TOM JARRETT, ENGINEER-No, Mike's done a fine job of summarizing it. SUPERVISOR BROWER-We'll I think you are being rather modest. You've done a fine job overseeing the installation of the project right along and obtaining the easements from the property owners in question so I want to thank you for your contribution to that. COUNCILMAN BOOR-This essentially establishes the method by which were going to charge? DIRECTOR OF WASTEWATER, MR. SHAW-That's correct this will establish the method we will charge them for 2004. Like the other benefit rolls we have in Queensbury one a year about this time of year we'll be coming before the board with the updated information on the roll it's a chance at that time for people in that area to comment possibly changes could be made to the benefit menu prior to that to take care of anybody's concerns. COUNCILMAN BOOR-This essentially establishes criteria for these other municipalities or counties. DIRECTOR OF WASTEWATER, MR. SHAW-Correct. COUNCILMAN BOOR-In other words this is how its done this is how we're going to do it this is what we expect. DIRECTOR OF WASTEWATER, MR. SHAW-The Intermunicipal Agreements have created that connection between the communities. COUNCILMAN BOOR-Have you had feedback from them on this. DIRECTOR OF WASTEWATER, MR. SHAW-Early on we did, yes we did. Bob Hafner was involved quite a while with the other legal counterparts in the other communities and the other communities were involved, yes they did have feedback on this and accepted our method. COUNCILMAN BOOR-In general everybody's... REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 656 ATTORNEY HAFNER-In fact our Agreement requires this without going through the process where we have to notify the other municipalities get them involved. This was made the formula at the time that we formed the district and had the Intermunicipal Agreement. SUPERVISOR BROWER-Further discussion? I'd like to open this to the public hearing and ask any persons that would care to comment on the benefit tax roll for Queensbury Avenue Sewer District to come forward at this time. NO PUBLIC COMMENT SUPERVISOR BROWER-Seeing none I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2004 RESOLUTION NO. 431,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Town Law ~202, the Queensbury Town Board has prepared the South Queensbury - Queensbury Avenue Sewer District Benefit Tax Roll for 2004 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury - Queensbury Avenue Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on October 6th, 2003 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury - Queensbury Avenue Sewer District Benefit Tax Roll for 2004 for payment of public improvement expenses within the District in accordance with New York State Town Law 9202, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 657 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. Duly adopted this 6th day of October, 2003 by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES: Noes ABSENT:None PUBLIC HEARING - TECHNICAL PARK SEWER DISTRICT EXTENSION NO.5 NOTICE SHOWN DENNIS MAC ELROY, ENVIRONMENTAL DESIGN PARTNERSHIP REPRESENTING SEAN GARVEY, APPLICANT AND OWNER OF PROPERTY AT 257 DIX AVENUE MR. MAC ELROY - Weare requesting a sewer district extension with the Technical Park Sewer District Extension No.5 for a single user property which in terms of sewer district extensions it couldn't get much simpler than this single user parcel directly across the road from the existing district and the infrastructure within it. In our case it's simply a connection of a lateral into an existing manhole within that district. The project has been reviewed and approved by the Planning Board. We are hoping to gain this approval so that construction can begin and building permits can be obtained. The contribution would be approximately a thousand gallons a day to the Town's system. SUPERVISOR BROWER-Questions from board members at this time? COUNCILMAN STEC-It's very straightforward. SUPERVISOR BROWER-Hearing none I'll open the public hearing. I'll ask any interested parties if they care to comment of the project before us? PUBLIC HEARING OPENED NO PUBLIC COMMENT PUBLIC HEARING CLOSED LONG FORM ENVIRONMENTAL ASSESSMENT FORM FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND 1. Will the proposed action result in physical change to the project site: NO REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 658 Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table IS less than 3 feet. construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO Specific land forms: IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? NO Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body Construction in a designated freshwater or tidal wetland. Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? NO Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: 5. Will proposed action affect surface or groundwater quality or quantity? NO Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 659 Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities, which presently do not exist or have inadequate capacity. Proposed action would use water in excess of20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer servIces. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts:. 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? NO Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will proposed action affect any threatened or endangered species? NO Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 Removal of any portion of a critical or significant wildlife habitat. 660 Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 9. Will proposed action substantially affect non-threatened or non-endangered species? NO Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the proposed action affect agricultural land resources? NO Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? NO Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources, which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? NO Examples that would apply REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 661 Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? NO List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? NO Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel or energy supply? NO Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 Odors will occur routinely (more than one hour per day). 662 Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON PUBLIC HEALTH 18. Will proposed action affect public health and safety? NO Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing community? NO Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA DETERMINATION OF NON- SIGNIFICANCE REGARDING TECHNICAL PARK SEWER DISTRICT EXTENSION NO.5 REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 663 RESOLUTION NO.: 432,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish an extension to the Technical Park Sewer District to be known as Technical Park Sewer District Extension No.5, 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 WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, 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, and BE IT FURTHER, RESOLVED, that the Town Board hereby 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, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 6th day of October, 2003, by the following vote: AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING TECHNICAL PARK SEWER DISTRICT EXTENSION NO.5 RESOLUTION NO. 433,2003 REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 664 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish an extension to the Technical Park Sewer District to be known as the Technical Park Sewer District Extension No.5, and WHEREAS, a Map, Plan and Report has been prepared by Dennis MacElroy, P.E., The Environmental Design Partnership, engineers licensed by the State of New York regarding the proposed extension to the existing Queensbury Technical Park Sewer District to permanently serve a single parcel of land located along Dix Avenue west of the intersection with Quaker Road on which Garvey Hyundai is situated and identified as tax map parcel no.: 110.1-1-27 and as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Town Board accepted such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and such Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report includes (a) the boundaries of the proposed Sewer District Extension, (b) a general plan of the proposed sewer system, ( c) a report of the proposed sewer system and method of operation and (d) all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, and WHEREAS, on September 22nd, 2003 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 665 WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on October 6th, 2003 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article 12A and consolidate the Extension with the Technical Park Sewer District in accordance with Town Law s206-a, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and IS otherwise sufficient; 2. All property and property owners within the District Extension are benefited; 3. All property and property owners benefited are included within the limits of the District Extension; 4. It is in the public interest to establish, authorize, and approve the Technical Park Sewer District Extension No. 5 to the existing Technical Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 5. In accordance with New York State Town Law s206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Technical Park Sewer District Extension No.: 5 in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 666 3. The obtaining of any required approval(s) of the New York State Comptroller's Office; 4. Permissive referendum in the manner provided in New York State Town Law Article 7; and 5. The adoption ofa Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk. Duly adopted this 6th day of October, 2003, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None PUBLIC HEARING - HILAND PARK SEWER DISTRICT EXTENSION NO.2 NOTICE SHOWN ATTORNEY JOHN LAPPER, TOM NACE ENGINEER, REPRESENTING RICH SCHERMERHORN ATTORNEY LAPPER-This project has been fully approved by the Town Planning Board. It's a hundred and twenty eight unit Townhouse development just south of Hiland Park on the west side of Meadowbrook Road. The sewer line like the project before us runs in the road just adjacent to the property line. The proposal is to connect at the existing manhole at the existing pump station. The Map, Plan, and Report have been reviewed by the Town we're ready to get the project in the ground just looking for your approval. SUPERVISOR BROWER-Questions from board members at this time? Hearing none, I'll open the public hearing and ask members of the public if they care to comment on the application before us this evening? PUBLIC HEARING OPENED REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 NO PUBLIC COMMENT 667 SUPERVISOR BROWER-Seeing no interested parties I'll close the public hearing. I'll ask board members if they have any further questions. If not do I have amotion? PUBLIC HEARING CLOSED ATTORNEY LAPPER-I should probably just mention one other thing just for the record. We submitted a letter to Town Counsel asking that the rates be calculated based upon actual usage at the complex across the street rather than the seventy-five gallon per bedroom projection. Rich will pay it based upon the way that the Town has requested at the seventy-five gallons and we'll continue to talk to the Wastewater Department about that, but we'll pay it the way it was requested. SHORT ENVIRONMENTAL ASSESSMENT FORM 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? YES C, Could action result in any adverse effects associated with the following: Cl, 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 ofland 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 m use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment ofa CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA DETERMINATION OF NON- SIGNIFICANCE REGARDING HILAND PARK SEWER DISTRICT EXTENSION NO.2 RESOLUTION NO.: 434,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 SECONDED BY: Mr. Theodore Turner 668 WHEREAS, the Queensbury Town Board wishes to establish an extension to the Hiland Park Sewer District to be known as Hiland Park Sewer District Extension No.2, 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 WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, 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, and BE IT FURTHER, RESOLVED, that the Town Board hereby 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, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 6th day of October, 2003, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT:None RESOLUTION APPROVING HILAND PARK SEWER DISTRICT EXTENSION NO.2 RESOLUTION NO. 435,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 669 WHEREAS, the Queensbury Town Board wishes to establish an extension to the Hiland Park Sewer District to be known as the Hiland Park Sewer District Extension No.2, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., an engineer licensed by the State of New York, regarding the proposed extension to serve two parcels, one being the easternmost lot of the recently approved Baybrook Professional Park Subdivision on which will be built the approved 128 unit (256 bedroom), Meadowbrook Apartments complex (Tax Map No.: 296.12-1-27.1) and the second lot being that of an existing single family residence on the east side of Meadowbrook Road owned by Kent and Carole Kilburn (Tax Map Parcel #297.09-1-1), as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Town Board accepted such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and such Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report includes (a) the boundaries of the proposed Sewer District Extension, (b) a general plan of the proposed sewer system, ( c) a report of the proposed sewer system and method of operation and (d) all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, and WHEREAS, on September 22nd, 2003 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on October 6th, 2003 and the Town Board has considered the evidence given together with other information, and REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 670 WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article 12A and consolidate the Extension with the Hiland Park Sewer District in accordance with Town Law s206-a, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 6. Notice of Public Hearing was published and posted as required by law and IS otherwise sufficient; 7. All property and property owners within the District Extension are benefited; 8. All property and property owners benefited are included within the limits of the District Extension; 9. It is in the public interest to establish, authorize, and approve the Hiland Park Sewer District Extension NO.2 to the existing Hiland Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 10. In accordance with New York State Town Law s206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Hiland Park Sewer District Extension No.: 2 in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 6. The obtaining of any necessary permits or approvals from the New York State Department of Health; 7. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 8. The obtaining of any required approval(s) of the New York State Comptroller's Office; REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 671 9. Permissive referendum in the manner provided in New York State Town Law Article 7; and 10. The adoption ofa Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk. Duly adopted this 6th day of October, 2003, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES: None ABSENT:None CORRESPONDENCE DEPUTY TOWN CLERK O'BRIEN-Noted the following reports are on file in Town Clerk's Office. Landfill Monthly Report for September 2003, Town Clerk Monthly Report for September 2003. OPEN FORUM JOHN STROUGH-7 WOODCREST DRIVE, QUEENSBURY-Spoke to the board regarding Resolution of Support and Concurrence with Warren County Empire Zone. Asked the board if Warren County Economic Development Corporation met with the Town Board with two members at a time? SUPERVISOR BROWER-Correct. MR. STROUGH-Not as a group because it would have to be public noting this is an assumption on his behalf unless there is another reason for that. SUPERVISOR BROWER-People when they submit for the Empire Zone have financials, which are shared with board members. They have private information that they care not to disclose in a public forum. When we meet in smaller groups we're able to obtain information of that type without any problem of disclosing personal information about a corporations typical situation. REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 672 MR. STROUGH-Asked if that's a problem couldn't they meet with Maureen Donovan or whoever it may be as a group and go into Executive Session and get this information? SUPERVISOR BROWER-That would be another way to do it. They chose to ask us to come in, in smaller groups. MR. STROUGH-If there is some information that might be protected could they remove that part and have a public hearing on it? COUNCILMAN BOOR-Some of us would like to see that some of us are working towards that. The simple fact of the matter it didn't happen like that much to some of our dismay. MR. STROUGH-Will keep working at it noting it should be open to the public. If there is some information that may be sensitive leave it private. The bigger picture should be presented to the public. COUNCILMAN BREWER-This resolution is based upon what the Empire Zone Committee selects and approves. We have no say over who gets it we concur with their decision. MR. STROUGH-Would like to know and get input as to whose getting it or not getting? COUNCILMAN BREWER-Those meetings are public meetings they are open to the public. MR. STROUGH-You could use the Town Board as a vehicle for an open session. COUNCILMAN STEC-Noted Mr. Strough made a good point made the same point two weeks ago. It is his understanding that the map you are talking about it is his understanding that the Town was provided that map on the tenth or eleventh of September. The information you are seeking the Town has and perhaps we should have done a better job of getting it to the public. MR. STROUGH-Asked if all of these Empire Zones Grants if they are creating quality jobs that would not have otherwise happened, but are happening only because they are getting Empire Zone tax breaks? COUNCILMAN BOOR-We agree on ninety percent of the issues noting this is where he parts company. We are not in charge of who is selected we're not given that opportunity. We may not like what is given to us we may love it, but that power is not vested in us by the State noting they get things they are not crazy about. KAREN ANGLESON-I Greenwood Lane, Queensbury. Speaking for herself and for the Citizens for Queensbury Steering Committee. Read letter into the record (on file in Town Clerk's Office) regarding their recommendations for adjustments to the procedures followed by the Board of Health. Noted the concern that the Board of Health is not consulting with an Engineer either prior to or during an applicant's presentation. Requested that the Board of Health utilize the services of it's consulting firm C.T. Male to review all applications prior to the convening of the Board of Health. The Citizens for Queensbury Steering Committee at their October 18t, 2003 meeting voted in favor of a resolution to be passed this evening by the Town Board approving this change of procedure for the Board of Health. REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 673 COUNCILMAN BOOR-Noted there isn't going to be a resolution this evemng thanked Mrs. Angleson for her presentation. JACK LEBOWTIZ, 39 GARRISON ROAD-Presented petition to Town Board of twenty nine residents of the Fort Amherst, Garrison, Homer Avenue area of the T own to request the Town Board and Highway Department to investigate and if possible remedy a stormwater drainage problem in the area which resulted in significant basement and yard flooding during the recent storm events of September 22nd, and 28th. Many signers of the petition including himself had never had serious basement flooding or pumping problems before. This is a problem that should probably be looked at on an area wide basis. Noted it is probable that it is not entirely natural causes in that the storm water drainage system for the highways and engineered areas and developed areas of the Town are very highly engineered systems that might be performing inadequately because of blockage or recent changes in the system. Letter was distributed to people in the affected area solicited responses through the Internet and through physical paper petitions being brought back. Asked the board to look into the problem and try to remedy it if it is acceptable of a technical fix. COUNCILMAN BREWER-Over the weekend we had rain Saturday asked if anyone incurred the problems previous to this? MR. LEBOWTIZ- They are still pumping. SUPERVISOR BROWER-Spoke to Bill Remington regarding this asked him to look at how drainage might be improved in the Quaker Road area. Mr. Remington noted this probably was a twenty-five year storm noting we had an unusually wet summer. Noted he was saddened to learn that residents had water in the basement as a result of this and hadn't previously had any water problems they did locate plugged drains over by the Tire Warehouse they tried to unplug those. Hopefully we can resolve this and improve the drainage in the future. MR. LEBOWITZ-Seeing a change in the quantity of stormwater that has to be dealt with and also a worsening of the problem in places that hadn't seen it before. JOHN SAL V ADOR-RESIDENT TOWN OF LAKE GEORGE, OPERATED BUSINESS IN NORTH QUEENSBURY-Spoke to the Board regarding the Board of Health recommending that the board reorganize and appoint a Public Board of Health noting the Town has a Public Health Officer on the payroll who can chair the board. Spoke to the board regarding the Empire Zone recommended that the board not support the County resolution. A study by a nation wide organization fostering good jobs first found a number of states are starting to use their enterprise the Empire Zone as an economic development program regardless on the negative impact on distress areas. The result is bad for taxpayers and poor people alike concluded the report, which found that New York is the biggest offender. (Read article to board). MR. SAL V ADOR-Questioned if all of Warren County has been designated an Empire Zone? SUPERVISOR BROWER-No. Warren County was the applicant for the Empire Zone in order to have an Empire Zone you have to make the parcels contiguous. KATHLEEN GRIFFIN, 39 GARRISON ROAD-Spoke to the board regarding the wetness of this summer with regarding to flooding on Garrison Road noting she is looking for an answer. Noted she has a pipe around her foundation and this is where the water is coming from noting they are thinking about plugging it up. REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 674 COUNCILMAN BOOR-It sounds like a foundation drainpipe. MRS. GRIFFIN-It would be normal foundation drains can go all over the place. It is probably doing just the opposite of what it was suppose to do. COUNCILMAN BOOR-Questioned where is the water being pumped out to? MRS. GRIFFIN-Onto Garrison Road. HIGHWAY SUPERINTENDENT, RICK MISSITA-Questioned if the pipe is in the front or the back yard? MRS. GRIFFIN-Underneath the house. HIGHWAY SUPERINTENDENT, MR. MISSITA-Garrison Road back in 1982 had a system that collapsed out in the roadway. We put in a new ten-inch storm drain from North Road to the concrete sluiceway on Garrison Road. All the homes that had sump pumps, which probably ninety five percent of them had sump pumps coming out into the roadway at that time were all reconnected. We have done nothing to alter or change anything in the Garrison Road area. The water coming into the Garrison Road, Fort Amherst area comes from the City of Glens Falls from their direction into the Town. SUPERVISOR BROWER-Where does the storm pipe end? HIGHWAY SUPERINTENDENT, MR. MISSITA-Our system goes into the sluiceway on Garrison Road. MR JAMES UNDERWOOD, 99 MANNIS ROAD, QUEENSBURY-Spoke to the board as a member of the Queensbury Land Conservancy and the Greenspace Committee. Spoke to the board regarding letter received from Mr. Lloyd Williams who resides at 28 Danford Court, Hudson Pointe. Noted specifically what he is concerned with people using property that doesn't belong to them, using four wheelers on them, noting they need to developed a sense of how we are going to deal with open space areas in the future otherwise all the efforts to preserve green space will be nil. May need to look into creating opportunities for people to ride four wheelers legally in Town. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Asked the status of the Barber AMG case if anyone knows anything other than what was in the Post Star? SUPERVISOR BROWER-It keeps getting postponed for some reason. MR. TUCKER-Questioned if the board can find out what is going on? COMPTROLLER, MR. HESS-We're not parties to the sentencing. MR. STROUGH-Spoke to the board regarding list of enterprises getting Empire Zone status. Asked if they know what kind of enterprise the Kenny Brock property is? SUPERVISOR BROWER-Yes. COUNCILMAN BOOR-It's a hotel. REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 MR. STROUGH-Wakita Motel. 675 COUNCILMAN BOOR-It's an expansion. MR. STROUGH-The Great Escape two additions three deletions. COUNCILMAN BOOR-Noted he questioned the Great Escape long and hard on this. There are three hundred acres left they are getting fifty-one of it. DAVE STRAINER-Spoke to the board regarding his attendance at the County Sheriffs Communication Meeting noting they toured the new County Jail noting it is a very well thought out process noting they designed it for future expansion. Asked how long the benefits stay with the properties regarding the Empire Zone? SUPERVISOR BROWER-Ten years. MR. STRAINER-Do they have to reapply? SUPERVISOR BROWER-Ten years they are done. MR. STRAINER-Hopes that the board is as wise as they were at they County when they made the decision regarding the Empire Zone to look pass the next ten years. COUNCILMAN BREWER-Noted they didn't make those decisions. MR. STRAINER-Spoke to the board regarding the QEDC Meeting noting there are a lot of projects that he gets disappointed with the Empire Zone choices and the people they chose to give them too. Have seen some successes there have seen success in helping foster business. They are very interested in helping small businesses get started and helping them do business plans. Very impressed that the County since August 2002 to present has gone up employment wise 2.4 percent does see some things working there but has reservations regarding the Empire Zone. OPEN FORUM CLOSED RESOLUTIONS RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FINCH, PRUYN & COMPANY, INC., CONCERNING TOWN'S USE OF FINCH PRUYN PROPERTY LOCATED ON BIG BOOM ROAD FOR PARK PURPOSES RESOLUTION NO.: 436,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Finch, Pruyn & Company, Inc., (Finch Pruyn) is the owner of approximately 148.59 acres of property located on Big Boom Road in the Town of Queensbury (tax map no.: 316.14-1-6), and REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 676 WHEREAS, Finch Pruyn wishes to allow the use of the property for Town of Queensbury park purposes as the property is located close to other town parks and is especially suitable for park uses and recreational activities such as hiking, picnicking, cross-country skiing, wildlife viewing and bird-watching, and WHEREAS, the Town of Queensbury wishes to enter into a License Agreement with Finch Pruyn for the Town's use, maintenance and improvement of the property and provide recreation areas for the public, including but not limited to nature trails, canoe launch, picnic areas, shelters, parking and signage, and WHEREAS, the Town recognizes that there is a limited amount of land available for parks and recreation purposes and that purchasing land rather than entering into this License Agreement, is not currently a viable option and believes that an amount equal to one-hundred ten percent (110%) of the total taxes assessed against the property represents a fair and reasonable fee for the licensed use of parks and recreation land because it will in effect pay Finch Pruyn year-to-year taxes for the land plus a small administrative fee for its use, and WHEREAS, the Town Recreation Commission and the Town's Director of Parks and Recreation have recommended to the Town Board that it enter into this License Agreement, and WHEREAS, a copy of a proposed License Agreement between the Town and Finch Pruyn 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 License Agreement between the Town of Queensbury and Finch, Pruyn & Company, Inc., substantially in the form presented at this meeting, concerning the Town's use of the Finch Pruyn property referenced in this Resolution, and BE IT FURTHER, RESOLVED, that for each year the Town uses such property, the Town shall pay Finch Pruyn a sum of money equal to one hundred ten percent (110%) of the total Town, School and County Taxes (including Special District Taxes) assessed against the property as more particularly set forth in the License Agreement, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller to take any and all action needed, including the transfer of funds and amendment of the 2003 Budget, to pay this year's sum from Lease and Rental - Land Account No.: 01-7110-4991 to Finch Pruyn as set forth above, and REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 BE IT FURTHER, 677 RESOLVED, that such License Agreement may be renewed for successive periods of one (1) year and shall be automatic unless either party notifies the other in writing of their wish to terminate the License Agreement at least 30 days before the end of the License Agreement or current renewal period, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation, Town Counsel and Town Comptroller to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of October, 2003 by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROCURE PHASE IB CULTURAL RESOURCES (ARCHEOLOGICAL) INVESTIGATION AND EASEMENTS RELATED TO WATER TRANSMISSION ENHANCEMENTS RESOLUTION NO.: 437,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 176,2003, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.c. (Barton) for the provision of engineering services related to the design of transmission enhancements to the Town of Queensbury's water system, and WHEREAS, the Town's Water Superintendent has advised that a Phase IB Cultural Resources Investigation (archaeological investigation) and easement acquisitions are necessary for the project and therefore has recommended that the Town engage the additional services of Barton for the procurement of such required archaeological investigation and easements, and WHEREAS, Barton has offered to provide the additional servIces by engaglllg subconsultant Hartgen Archeological Associates, Inc. to provide the archaeological investigation and Barton will provide the easement acquisition services as delineated in Barton's September 1 ih, 2003 proposal presented at this meeting for a total amount not to exceed $70,400, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 678 RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.c. for the provision of engineering services related to completion of a Phase IB Cultural Resources Investigation (archaeological investigation) and easement acquisitions related to transmission enhancements to the Town of Queensbury's water system, in accordance with the September 1 ih, 2003 proposal presented at this meeting for an amount not to exceed $70,400 as follows: TASK SCOPE OF SERVICE ESTIMATED FEE 1 Phase IB Cultural Resources Investigation $19,400 2 Modify Contract Drawings to Include Easements $ 3,000 3 Prepare Easement Maps and Descriptions $28,000 4 Easement Acquisition Services $20,000 Discussions/Meetings with Property Owners Revisions to Easements and Contract Drawings TOTAL $70,400 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment for these services in an amount not to exceed $70,400 shall be paid for through the transfer of funds from Account No.: 40-8340-2899 to Account No.: 40-8310-4710, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that payment for the engineering services should be made from 2003 appropriations for this purpose, after services have been completed and a voucher has been approved, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent, Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of October, 2003, by the following vote: AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR HARVESTING AND PURCHASE OF TIMBER ON TOWN OF QUEENSBURY WATER DEPARTMENT PROPERTY RESOLUTION NO.: 438,2003 REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION 679 SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury Water Superintendent wishes to advertise for bids for the harvesting and sale of certain timber on Town Water Department Property as set forth in the Timber Sale Notice prepared by Professional Forester Richard 1. Cipperly presented at this meeting, and WHEREAS, the Town Board wishes to authorize such advertisements for bids and award the bid to the highest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Acting Purchasing Agent to publish the Notice to Bidders presented at this meeting concerning the harvesting and sale of timber on Town Water Department Property, in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Acting Purchasing Agent to open all bids received, read the same 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 6th day of October, 2003, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None RESOLUTION APPROVING YEAR 2002 VOLUNTEER AMBULANCE WORKER SERVICE AWARD PROGRAM RECORDS FOR BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 439,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2002 Standard Year End Administration Services for the Town's Volunteer Ambulance Workers Service Award Program, and REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 680 WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Emergency Squad's Year 2002 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the Bay Ridge Rescue Squad, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2002 Volunteer Ambulance Worker Service Award Program Records for the Bay Ridge Rescue Squad, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of October, 2003, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES : None ABSENT:None RESOLUTION AUTHORIZING 5K ROAD RACE - ADIRONDACK RUNNERS V. BATTENKILL ROAD RUNNERS CLUB RESOLUTION NO. 440,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct a 5K race/competition between the Adirondack Runners and The Battenkill Road Runners Club of Arlington, Vermont as follows: SPONSOR Adirondack Runners EVENT 5K Run/Competition Between Adirondack Runners and The Battenkill Road Runners Club DATE Saturday, November 1 st, 2003 TIME 10:00 a.m. PLACE Commencing at Oneida Community Church, around Lake Sunnyside and down Old Bay Road around the Bay Ridge Firehouse (Letter concerning Race and its course is attached); REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 NOW, THEREFORE, BE IT 681 RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners to conduct a 5K race/competition between the Adirondack Runners and The Battenkill Road Runners Club of Arlington, Vermont within the Town of Queensbury on Saturday, November 181,2003, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 6th day of October, 2003, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION ACCEPTING RESIGNATION OF ZONING BOARD OF APPEALS MEMBER NORMAN HIMES AND APPOINTING CURRENT ALTERNATE JAMES UNDERWOOD AS REGULAR MEMBER OF ZONING BOARD OF APPEALS RESOLUTION NO. 441,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, current ZBA member Norman Himes has advised the Town Board that he wishes to resign from the Zoning Board, and WHEREAS, the Town Board wishes to accept Mr. Himes' resignation and appoint James Underwood, current alternate member, to serve as a regular member of the Zoning Board and complete the unexpired term of Mr. Himes, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 682 RESOLVED, that the Queensbury Town Board hereby accepts with regret the resignation of Zoning Board of Appeals member Norman Himes, and BE IT FURTHER, RESOLVED, that the Town Board hereby appoints James Underwood to serve as a regular member of the Zoning Board of Appeals effective October ih, 2003 until his term expires on March 2nd 2005 , . Duly adopted this 6th day of October, 2003, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES : None ABSENT:None RESOLUTION APPOINTING LEO RIGBY AS ALTERNATE MEMBER OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 442,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, a vacancy for an alternate member position exists on the Zoning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Leo Rigby as an alternate member of the Zoning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Leo Rigby to serve as an alternate member of the Queensbury Zoning Board of Appeals, such term to expire on December 31 st 2007 , . Duly adopted this 6th day of October, 2003, by the following vote: AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES : None ABSENT: None RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 443,2003 REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION 683 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 2003 Town Budget as follows: BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 001-5132-2001 (Building Repair Supplies) 001- 513 2-4060 (Building Repair Cont.) 1,000. 001-5132-4230 (Purchase of Water) 001- 513 2-4060 (Building Repair Cont.) 300. 001- 513 2-4300 (Electricity) 001- 513 2-4060 (Building Repair Cont.) 500. 001-1620-4060-0027 (Building Repair Cont.) 001-5132-4500 (Heating Fuel) 500. HIGHWAY: FROM: TO: $ AMOUNT: 04-5130-4510 (Radio Repairs) 04-5130-2050 (Radio Equipment) 400. WATER: FROM: TO: $ AMOUNT: 40-8340-2899 (Cap. Constr.) 40-8340-4400 (Misc. Contr.) 1,000. Duly adopted this 6th day of October, 2003, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO.'S: 119, 124, 128, 129 and 132 REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 684 RESOLUTION NO.: 444,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has completed all construction and operation in the following five (5) Capital Projects: 1. Water Maintenance Garage - Capital Proj ect No. 119; 2. Low Lift Pump Replacement - Capital Project No. 124; 3. Vehicle Purchase - Capital Project No. 128; 4. Queensbury Forest Drainage - Capital Project No. 129; and 5. Salt Storage Shed - Capital Project No. 132; and WHEREAS, the final accounting shows that there is approximately: . $ 37,122 remaining in Capital Project Fund No. 119; . $ 297 remaining in Capital Project Fund No.: 124; . $155,414 remaining in Capital Project Fund No. 128; . $ 30,504 remaining in Capital Project Fund No. 129; and . $ 4,438 remaining in Capital Project Fund No. 132; and WHEREAS, the Queensbury Town Board wishes to close these Capital Project Funds as of September 30, 2003 and transfer each Fund's remaining fund balances as follows: . Capital Project Fund No. 119 Funds to Water Fund No. 40 and Wastewater Fund #32; . Capital Project Fund No. 124 Funds to Water Fund No. 40; . Capital Project Fund No. 128 Funds to General Fund No. 01; . Capital Project Fund No. 129 Funds to General Fund No. 01; and . Capital Project Fund No. 132 Funds to Storage Building Project No. 115; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to close the following five (5) Capital Projects: 1. Water Maintenance Garage - Capital Proj ect No. 119; 2. Low Lift Pump Replacement - Capital Project No. 124; 3. Vehicle Purchase - Capital Project No. 128; REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 4. Queensbury Forest Drainage - Capital Project No. 129; and 5. Salt Storage Shed - Capital Project No. 132; 685 and transfer each Fund's remaining fund balance as follows: . Capital Project Fund No. 119 Funds to Water Fund No. 40 and Wastewater Fund #32; . Capital Project Fund No. 124 Funds to Water Fund No. 40; . Capital Project Fund No. 128 Funds to General Fund No. 01; . Capital Project Fund No. 129 Funds to General Fund No. 01; and . Capital Project Fund No. 132 Funds to #115 Storage Buildings; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 6th day of October, 2003, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT:None RESOLUTION ESTABLISHING INVENTORY CONTROL AND CAPITALIZATION POLICY RESOLUTION NO.: 445, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in 1999 members of the Governmental Accounting Standards Board (GASB) approved the issuance ofGASB No. 34, "Basic Financial Statements and Management's Discussion and Analysis for Local Governments" which sets forth changes in how state and local governments report their finances to the public, and WHEREAS, the Town of Queensbury currently has no formal policy in place regarding inventory control and capitalization of assets, and WHEREAS, the Town Comptroller and Accountant have recommended that the Town Board authorize the establishment of an Inventory Control and Capitalization Policy to correspond to the implementation of new reporting standards in accordance with GASB Statement 34, and REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 686 WHEREAS, the Town Board concurs with such recommendation and wishes to establish such Policy, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes an Inventory Control and Capitalization Policy to correspond to the implementation of new reporting standards in accordance with GASB Statement 34 as follows: Inventorv Control and Capitalization Policv Election Machinery Information Technology Equipment Office Equipment Office Furniture Radio Communications Equipment Tools Vehicle Accessory Tractors & Other Maintenance Vehicles Vehicles, Misc Vehicle, Passenger Road Use Maintenance Vehicle Miscellaneous Equipment Leased Equipment Category Code EL IT OE OF RD TL VP VE VM VP VR XM XL * Cost per individual unit together with attached, non-modular All equipment with a cost or market value at or exceeding the will be recorded in the Property Control Inventory system. ** Cost per individual unit together with attached, non-modual All equipment with a cost or market value at or exceeding the accounted for as a depreciable capital asset according to and BE IT FURTHER, Property Control Inventorv* All 500 2500 2500 2500 2500 2500 2500 2500 2500 2500 2500 All Capitalized** 10000 10000 10000 10000 10000 10000 10000 10000 10000 10000 10000 10000 N/A RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor and/or Town Comptroller to circulate and distribute this Policy to all Town Departments and add the Policy to the Employee Handbook. Duly adopted this 6th day of October, 2003, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION OF SUPPORT AND CONCURRENCE WITH WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 446,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 687 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 Warrensburg, Town of Chester, Town of Johnsburg, Town of Bolton, Town ofHoricon, 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 1.47 acres to include tax parcel number: 288.12-1-19 . The addition of .28 acres to include tax parcel number: 288.12-1-20 . The addition of .26 acres to include 2' centerline connection for above . The addition of .95 acres to include tax parcel number: 289.15-1-2 . The addition of .51 acres to include 2' centerline connection for above . The addition of 1.19 acres to include tax parcel number: 296.9-1-2 . The addition of6.00 acres to include tax parcel number: 295.8-1-9 . The addition of 51.00 acres to include tax parcel number: 288.20-1-20 . The addition of .55 acres to include tax parcel number: 295.12-1-3 . The deletion of .13 acres to include tax parcel number: 288.20-1-18 . The deletion of .11 acres to include tax parcel number: 288.20-1-19 . The deletion of2.71 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, REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 688 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 6th day of October, 2003, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR BROWER-Noted he supports the expanSIon of the Empire Zone for these businesses. COUNCILMAN BOOR-Asked the board's permission of the County Empire Zone Board asking them at their earliest time that they are aware of the next group to notify us. Expressed to them in person that he wanted a map sent to each individual Town Board Member's mailbox. Also noted he would like to write a letter and would like to meet with them. Requested that this Town Board have the criteria to make a decision. COUNCILMAN BREWER-Noted personally he doesn't have a problem with Councilman Boor writing a letter but would like to see it before it is sent. SUPERVISOR BROWER-Thinks if they review the letter he doesn't think any of them would have a problem with it. RESOLUTION AUTHORIZING APPRAISALS OF CERTAIN PROPERTIES WITHIN THE ROUTE 9 SEWER DISTRICT RESOLUTION NO. 447,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Route 9 Sewer Project is currently underway and Contract 2 has been awarded under bid, and WHEREAS, several efforts have been made to enter into easement agreements with all property owners, and WHEREAS, there are several property owners that have refused to date to grant easements, and WHEREAS, the Deputy Wastewater Director has advised the Town Board that timing is imperative for this Project, and WHEREAS, the Town of Queensbury is prepared to move forward with Eminent Domain Proceedings if amicable agreements cannot be reached, and REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 689 WHEREAS, as a first step, the Town Board wishes to have appraisals made of the values of the easements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that if easements have not been signed by the property owners listed below and delivered to the Deputy Wastewater Director or Town Counsel within one (1) week, then an appraiser shall be hired for the purpose of establishing values for these easements and the Town Supervisor is hereby authorized to sign an agreement for appraisals of these easements for a cost not to exceed $7,500, and BE IT FURTHER, RESOLVED, that such property owners are as follows: EASEMENT NAME OF BUSINESS/STREET TAX MAP NO. OWNER'S NAME NO. ADDRESS CONTRACT NO.2 9W11 Hoyts Cinema 296.09-1-2 M. Green, P. Lowe & H. Rifkin 9W15 Agway Farm & Garden Center 296.09-1-6 Michael & James Valenti CONTRACT NO.3 9E28 Exit 20 Mobil 288.16-1-3 Mobil Oil Corp. 9E29 Green Ridge 288.16-1-1 Lake George Plaza, LLC 288.16-1-2 9E30 Adirondack Outlet Center 288.12-1-22 Adirondack Factory Outlet Ctr. Inc. 288.12-1-23 9E31 Days Inn 288.12-1-21 Kenny Properties Ltd. 9E32 6 Equinox Dr. 288.12-1-24 John McCormack 9E33 Meeting Place 288.12-1-19 Kenny Brock Partnership 9E34 Log Jam Center 288.12-1-17 GPG Finance II LLC 9E36 Dunhams 288.12-1-15 LG Associates and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel and/or the Deputy Director of Wastewater to take such steps necessary to effectuate this Resolution, and BE IT FURTHER, RESOLVED, that the Town Comptroller is authorized to transfer funds from the appropriate account in the Capital Project Fund to pay for such appraisals. Duly adopted this 6th day of October, 2003, by the following vote: REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer 690 NOES: None ABSENT:None TOWN BOARD DISCUSSIONS COUNCILMAN STEC-Asked if Supervisor Brower heard from the Recreation Department about Hudson Pointe and the bridge? SUPERVISOR BROWER-No. COUNCILMAN BREWER-Noted he was down there last Tuesday with Mr. Hansen and the contractor that did the docks at Hudson River Park he is going to design something. They are going to do what they can to repair it this year hopefully the contractor will come back with a design for the bridge noting he will keep in touch with Mr. Hansen. Reminded the board about the Workshop for October 13th, with Marv Lemery, West Glens Falls EMS. Asked Supervisor Brower to get an answer from Chuck Rice regarding the generator wiring. SUPERVISOR BROWER-Spoke to the board regarding Warren County Economic Development Meeting noting they that we had the highest job growth in New York State of2.4 percent between the periods of August 2002 to August 2003 noting this is due to the Empire Zone. There has been three hundred and twenty five million dollars in private investment and three hundred and twenty five jobs have been created over a period of time to date. Spoke to the board regarding the Niagara Mohawk Queensbury litigation. Noted the trial started Thursday morning noting it is important that the Judge understand how critical and important this is not only to the T own but the School District and more importantly Queensbury citizens that hopefully we prevail above the settlement numbers in the court case. Noted last Thursday evening held a Budget Workshop tomorrow night Budget Workshop will start at seven going to be interviewing Department Managers regarding individual budgets will be talking about contributions to Non-Profits and any other matters that come before the board. ATTORNEY MATTERS NONE RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 448, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOL VED, that the Town Board of the Town Board of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 6th day of October, 2003, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None REGULAR TOWN BOARD MEETING 10-06-2003 MTG#43 691 AbsentNone No further action taken. Respectfully Submitted, Darleen M. Dougher T own Clerk Town of Queensbury