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2005-06-06 MTG 26 Regular Town Board Meeting, June 06, 2005, Mtg #26 401 REGULAR TOWN BOARD MEETING Mtg #26 TH JUNE 6, 2005 Res. 259-286 7:02 P.M. BOH Res. 13-14 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Jennifer Switzer, Budget Officer Marilyn Ryba, Executive Director of Community Development Stuart Baker, Senior Planner Ralph VanDusen, Superintendent of Water & Wastewater Bruce Ostrander, Deputy Superintendent of Water Chuck Rice, Facilities Manager TOWN COUNSELS Mark Schachner Cathy Radner PRESS: Glens Falls Post Star, TV-8 SUPERVISOR STEC called meeting to order… PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC PUBLIC HEARING – Application For Transient Merchant/Transient Merchant Market License For Boss Hoss Cycles & Trikes Of Stamford Notice Shown 7:03 P.M. SUPERVISOR STEC-Okay, I will open the public hearing and by way of a brief a preamble, this Transient Merchant Public Hearing, we set this public hearing at our last meeting which was two weeks ago and it was a workshop and the way that it fell with an extra meeting that the Planning Board held, they were able to do a review. So, at first it didn’t look like we’d be able to accommodate this before Americade, although it is in fact related to Americade. It did come back to us with a recommendation from the Planning Board and we set the public hearing for tonight. Marilyn, is there anything that you feel we should add to this Transient Merchant Public Hearing? MS. MARILYN RYBA, Executive Director-Just that the Planning Board did approve the plan, the Site Plan. SUPERVISOR STEC-Okay. So, the public hearing is open, if there’s any members of the public that would like to speak or ask any questions about this, it’s for Boss Hoss th Cycles & Trikes of Stamford and it’s for a Transient Merchant License from June 7 to th the 11 on State Route 9 in Queensbury. Anybody at all? Any questions or comments from Town Board Members? COUNCILMAN BOOR-Yes. COUNCILMAN TURNER-Yea, I’ve got some. SUPERVISOR STEC-Go ahead, Roger. COUNCILMAN BOOR-One question for Mark, on and I know I’m getting ahead of myself but in the Negative Dec, this page here, it says conditioned Negative Dec and th we’ve got it checked no and my only question there is, we have put a condition of 7 th through 11, so isn’t that a conditional? Regular Town Board Meeting, June 06, 2005, Mtg #26 402 TOWN COUNSEL SCHACHNER-No, the reference is to the SEQRA determination that no environmental impact statement needs to be prepared and that you’re not, if you adopt as proposed, you’re not imposing a condition on that finding. COUNCILMAN BOOR-Okay. COUNCILMAN STROUGH-And then that’s the Planning Board, Mark that did the Negative Declaration on the SEQRA? SUPERVISOR STEC-Yes. MS. RYBA, Executive Director-No, we have to do it. TOWN COUNSEL SCHACHNER-I don’t believe so. MS. RYBA, Executive Director-No, you have to do the SEQRA tonight. TOWN COUNSEL SCHACHNER-So no, that’s not correct. SUPERVISOR STEC-We have to do the SEQRA, you’re right. COUNCILMAN TURNER-We got to do it, it’s not filled out on the back. SUPERVISOR STEC-We’ll be doing it. COUNCILMAN STROUGH-Alright, the Planning Board only considered SEQRA in it’s evaluation. TOWN COUNSEL SCHACHNER-No, I think that the Planning Board considered the application and the SEQRA requirements in adopting their approval of recommending that this be permitted subject to your approval. But, also you’ll notice in the third Whereas, recommending approval of the application subject to Town Board approval of the SEQRA Determination. So, you’d be making your own independent evaluation under New York State Environmental Quality Review Act and what’s filled out is Part I, the Short Environmental Assessment Form and Part II has not been filled out. COUNCILMAN STROUGH-Okay. SUPERVISOR STEC-Okay, any other discussion? COUNCILMAN BREWER-One other question, did we get the bond in the amount of ten thousand dollars? COUNCILMAN TURNER-We probably won’t get that until they get theirs. COUNCILMAN BREWER-Well, it starts, the permit starts tomorrow, so. COUNCILMAN TURNER-I know it does. COUNCILMAN BREWER-I want to make sure that we have that bond before we allow them to COUNCILMAN TURNER-They won’t be playing their .. tomorrow but they’ll get it. MS. RYBA, Executive Director-That’s part of your resolution, I believe. SUPERVISOR STEC-Right, so they won’t get the license until they give us the bond. MS. RYBA, Executive Director-Right. Regular Town Board Meeting, June 06, 2005, Mtg #26 403 COUNCILMAN BREWER-They haven’t presented it but we want to make sure that they will present it. TOWN COUNSEL SCHACHNER-It’s item number 2 in the final Resolved. COUNCILMAN BREWER-Correct. COUNCILMAN STROUGH-See what confused me is on the Planning Board Resolution it says, Whereas the requirement to the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration, see that’s what confused me. TOWN COUNSEL SCHACHNER-Right which means that, which means it looks like that this was not subject to what’s called coordinated review and that each board is doing it’s own SEQRA Review. SUPERVISOR STEC-Okay, any other discussion amongst Town Board members? The public hearing is still open if there’s anyone that would like to comment on this public hearing about Transient Merchant License for Boss Hoss Cycles & Trikes. Okay, I’ll close the public hearing. PUBLIC HEARING CLOSED 7:10 P.M. Ms. Ryba, Executive Director lead the Town Board through Part II of the Short Environmental Assessment Review Form: NO A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, NO Part 617.6? C, Could action result in any adverse effects associated with the following: C1, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential NO for erosion, drainage or flooding problems? C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural NO resources; or community or neighborhood character? C3, Vegetation or fauna, fish, shellfish or wildlife species, significant NO habitats, or threatened or endangered species? C4, A community's existing plans or goals as officially adopted, or a change NO in use or intensity of use of land or other natural resources? C5, Growth, subsequent development, or related activities likely to be NO induced by the proposed action? C6, Long term, short term, cumulative, or other effects not identified in NO C1-C5? C7, Other impacts (including changes in use of either quantity or type of NO energy)? D. Will the project have an impact on the environmental characteristics that caused the NO establishment of a CEA? Regular Town Board Meeting, June 06, 2005, Mtg #26 404 E, Is there, or is there likely to be, controversy related to potential adverse environmental NO impacts? RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR BOSS HOSS CYCLES & TRIKES OF STAMFORD RESOLUTION NO.: 259, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Boss Hoss Cycles & Trikes of Stamford previously submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant thth Market License from June 7 – 11, 2005 at 1468 State Route 9 in the Town of Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, by Resolution No.: 202, 2005, the Town Board forwarded the application to the Town of Queensbury Planning Board for recommendation and site plan review and indicated its wish to be Lead Agency, and th WHEREAS, on May 17, 2005, the Queensbury Planning Board considered the application and requirements of the State Environmental Quality Review Act (SEQRA), adopted a SEQRA Negative Declaration and adopted a Resolution recommending approval of the application subject to Town Board approval of the SEQRA, and WHEREAS, by Resolution No.: 255,2005, the Town Board scheduled a public th hearing concerning this application which public hearing was held on June 6, 2005, 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, 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, including considering the SEQRA findings of the Town of Queensbury Planning Board, determines that the action will not have a significant effect on the environment and hereby authorizes and directs the Town Supervisor to Regular Town Board Meeting, June 06, 2005, Mtg #26 405 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 and/or Department of Community Development to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Boss Hoss Cycles & Trikes of Stamford (BOSS) to conduct a transient merchant market located at 1468 State Route 9, Queensbury, subject to the following: 1. BOSS must pay all fees as required by Town Code Chapter 160; 2. BOSS must submit a bond in the amount of $10,000 as required by Chapter 160; 3. BOSS must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; thth 4. The License shall be valid only from June 7 – 11, 2005 from 8:30 a.m. to 4:30 p.m. and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. BOSS HOSS must comply with all regulations specified in Town Code §160-8. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH Regular Town Board Meeting, June 06, 2005, Mtg #26 406 RESOLUTION NO.: 260, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT’S ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury here adjourn from Regular Session and enter as the Queensbury Board of Health . th Duly adopted this 6 day of June, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: none BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JAY CARDINALE BOARD OF HEALTH RESOLUTION NO.: 13, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Jay Cardinale has applied to the Local Board of Health for a variance from Chapter 136, 136-11, which requires an applicant to obtain a variance for a holding § tank and the applicant has requested a holding tank, and WHEREAS, Mr. Cardinale has also applied to the Local Board of Health for an additional variance to allow placement of the well 10’ from the property line in lieu of the required 15’ setback on property located at 10 Crossover Lane in the Town of Queensbury, NOW, THEREFORE, BE IT Regular Town Board Meeting, June 06, 2005, Mtg #26 407 RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, June 20, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jay Cardinale’s sewage disposal variance application concerning property located at 10 Crossover Lane in the Town of Queensbury and bearing Tax Map No.: 226.15-1-41 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None DISCUSSION PERTAINING TO PROPERTY LOCATED ON ALGONQUIN DRIVE COUNCILMAN BREWER-The property on Algonquin Drive, the neighbors have been in contact with me several times, the first time about three weeks ago, we addressed it and we gave them a certain amount of time to clean it up. They’ve made a very, very, very slight attempt to clean it up. What I would propose is that we give them through the end of this week to clean it up and if not, then we take steps to do it ourselves like we had previously discussed. SUPERVISOR STEC-We had talked about it, and then, Mark, you weren’t involved but I know Bob was and I know that Dave Hatin has been involved from Community Development. I haven’t been there since they brought the dumpster in, I was there before they brought the dumpster in but Tim’s been by and I guess it’s been COUNCILMAN BREWER-I was there as recently as yesterday. SUPERVISOR STEC-Yea, they’ve made minimal forward progress on cleaning it up. I think what Tim is suggesting is, I don’t want to put words in anyone’s mouth but if, you know Dave isn’t satisfied that it’s gotten significant progress COUNCILMAN BREWER-Well, I don’t know, I disagree with that Dan, I think it’s our decision, not Dave’s. SUPERVISOR STEC-Or us. Alright, well if we’re not satisfied as a town that significant progress has been made, I think Tim would like to be in a position next Monday night to start taking whatever Town Board actions are needed to authorize getting it cleaned up and billing the property owner. Is that correct, Tim? COUNCILMAN BREWER-That’s correct. COUNCILMAN BOOR-The only comment I have, it’s probably appropriate Tim and you’re probably heading on the right trail but I would only ask the attorney, is setting like a Friday deadline ample enough time where it would hold up in court? I mean, I’m not sure Regular Town Board Meeting, June 06, 2005, Mtg #26 408 of the extent of the mess and I just don’t want it to be where they go in there and make a genuine effort but don’t get it done. I mean are we going to, if we say we’re going to do this, we’re going to do it and I just, I want to make sure that SUPERVISOR STEC-But I would just say that I think what Tim is suggesting is, we would start that process on Monday. COUNCILMAN BOOR-On Monday? SUPERVISOR STEC-Right. Right now, we have officially started nothing, we’ve just asked nicely and COUNCILMAN BOOR-Okay, so the deadline isn’t it has to be cleaned up on Friday. SUPERVISOR STEC-Right. Well or COUNCILMAN BOOR-We have to feel comfortable that it’s almost cleaned up or SUPERVISOR STEC-Right, or they’re making progress or we will start the procedure. We wouldn’t start cleaning up Monday, we would start that procedure to get it cleaned up and make the, as Mark says it takes thirty days. COUNCILMAN BREWER-Right, the reason I say that Roger, is we did this exact thing three weeks ago and they did bring a dumpster in, they did put some stuff in it but in three weeks time certainly I think it should have been cleaned up by now, I guess is my point. COUNCILMAN BOOR-I agree with you, I just don’t want to strong-arm if we can COUNCILMAN BREWER-No, I understand. COUNCILMAN BOOR-If we can put enough motivation behind it. COUNCILMAN BREWER-And I don’t either. COUNCILMAN BOOR-Yea. COUNCILMAN BREWER-I mean, I just want to get the mess cleaned up. COUNCILMAN BOOR-I agree. SUPERVISOR STEC-Alright, so we may, well we will end up revisiting this at the workshop as far as whether or not we think there’s been progress made. COUNCILMAN BOOR-With a potential resolution at a workshop which I don’t have a problem with, we’re announcing it now but I mean this is another issue that SUPERVISOR STEC-Correct with a potential resolution but again, it wouldn’t be like a deadline, it might be like you’ve got twenty days or thirty days. COUNCILMAN BOOR-Oh, okay, there’s ample notice that this is what will happen if we’re not satisfied. SUPERVISOR STEC-Right, I believe that’s what I’m hearing Tim say. COUNCILMAN BREWER-Well, I would like to send a strong message to that person tomorrow by Dave Hatin or somebody that this is what we’re considering. SUPERVISOR STEC-Right. Okay, anything else on that one then Tim? COUNCILMAN BREWER-Do we need any kind of a resolution or anything Mark or a letter? . Regular Town Board Meeting, June 06, 2005, Mtg #26 409 COUNCILMAN BOOR-Mark, I would prefer if you would give the exact wording that Dave could give to this person or? TOWN COUNSEL SCHACHNER-We can do that. I’m confident that Dave Hatin can carry out your wishes by letter. SUPERVISOR STEC-Okay. COUNCILMAN BOOR-But by letter, you mean hand delivered? TOWN COUNSEL SCHACHNER-I mean, that would certainly be appropriate if you want fast action. COUNCILMAN BOOR-Well, that’s what I’m getting at, is that, you know. SUPERVISOR STEC-Yea. Well, I mean, we’ll do it without strong-arming. COUNCILMAN BOOR-Right. SUPERVISOR STEC-Yea, I’m getting the drift. COUNCILMAN BOOR-Okay. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 14, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT’S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. th Duly adopted this 6 day of June, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None CORRESPONDENCE – NONE INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE PRIVILEGE OF THE FLOOR 7:18 P.M. MR. DON MILLER-Noted that he’s here representing Boss Hoss Cycles & Trikes and was not certain of the process, would like to know what the next would be? SUPERVISOR STEC-You can go to the Town Clerk’s Office tomorrow to get your Transient License but will need to provide the bond. Regular Town Board Meeting, June 06, 2005, Mtg #26 410 MS. BARBARA BENNETT, Dixon Road-Questioned the revision of Resolution 8.4, ‘Resolution Setting Public Hearing Concerning Proposed Increase In Town-Wide Revaluation Capital Project’. SUPERVISOR STEC-It was revised. The only revision was that, this is a resolution th setting a public hearing for the 20 for an increase in the Town-Wide Reval Capital Project. We had budgeted a capital amount to hire the consultant, an independent consultant that was hired by both the Town Board and the City of Glens Falls Common Council and we transferred into that the amount for that contract. We knew when we did that, that there would be additional monies required for postage, printing expenses and overtime related payroll for the project and the revision was that the amount was going to be thirteen thousand dollars and it was changed to seventeen thousand two-fifty. So, that was the only revision. MS. BENNETT-Referred to Resolution 8.21, ‘Resolution Authorizing Settlement Of Pending Article 7 Real Property Assessment Cases Commenced By Niagara Mohawk Power Corporation’ and questioned the settlement? SUPERVISOR STEC-We’re pulling that resolution for tonight at the request of the School Superintendent, we’re joint defendants. The School Board and the Town Board are aware of tentative terms for a settlement and the school asked that we hold off on taking action tonight for two weeks until they’ve had a chance to discuss it amongst their School Board members and actually, they’re planning on voting on it next Monday. MR. PLINEY TUCKER, 41 Division Road-Referred to the town tax with Crandall Library and questioned whether it was based on total assessed evaluation? MS. JENNIFER SWITZER, Budget Officer-As far as the tax rate? MR. TUCKER-As far as our share that we pay. MS. SWITZER, Budget Officer-Not only is it based on that but it’s also based on the number of users at the Library for that particular year so it fluctuates. MR. TUCKER-With the increase in assessed evaluation, do you see our share of support for the library going up? MS. SWITZER, Budget Officer-Potentially. MR. TUCKER-Referred to the sales tax and questioned how the town’s share is determined? MS. SWITZER, Budget Officer-It’s by total assessed value. SUPERVISOR STEC-Do we have an estimate on that? MS. SWITZER, Budget Officer-It should increase at least by a million dollars, just based upon our increase in the town’s proportion of sales tax that we’ll be receiving because of the reval. SUPERVISOR STEC-That’s the good news part of it, there’s a bad news part of it. MS. SWITZER, Budget Officer-The town’s portion of the county tax itself will also increase. MR. TUCKER-Referred to the Town Board’s workshop with Crandall Library and questioned whether there were minutes of that meeting? SUPERVISOR STEC-We record all of our meetings, even our workshops are audio recorded and then the Clerk’s Office takes them and prepares minutes which are put onto the internet as well. Regular Town Board Meeting, June 06, 2005, Mtg #26 411 MR. TUCKER-Questioned the true balance of the town’s surplus, the monies that are not obligated for anything? MS. SWITZER, Budget Officer-Town wide general fund? Just the general fund you’re asking because there are surplus in some of the special districts as well. MR. TUCKER-Money that is not obligated in anyway. MS. SWITZER, Budget Officer-Money that is not obligated in anyway is about six million dollars, just in the general fund. COUNCILMAN BREWER-But I would also like to say that there’s at least a half million dollars in one of these funds that’s been allocated for at least five years, never spent a penny so I don’t see how you cannot count that. Whether it’s been proposed for some project or not, if you haven’t spent it, we still have it. MR. LEO RIGBY, 5 Willow Road-Referred to discussions previously held regarding the placement of stop signs on Mt. View Road and West Mountain Road and questioned the progress of that? COUNCILMAN STROUGH-West Mountain Road, Bonner Road, Bonner Drive, yes they’re putting new stop signs up there. In addition to that, I asked them if they would lower the speed limit. SUPERVISOR STEC-We have a resolution tonight to ask to lower the speed limit on West Mountain Road. The County DPW is the one that’s responsible for that intersection and they told me that they’re going to be putting stop signs coming from Gurney Lane on West Mountain Road and coming down Mt. View Lane so that it would be a four way intersection and all four legs of that will have a stop sign on them. MR. RIGBY-When can we expect that to happen? SUPERVISOR STEC-Sometime this summer, I would imagine sometime in June. MR. RIGBY read the following letter into the record: th May 24, 2005 Dear Mr. Stec, I’m asking the Town of Queensbury to begin to formally address the increasingly dangerous traffic situation along Aviation Road by performing a traffic corridor study. It’s my understanding that a documented traffic corridor study for the Aviation Road corridor between Potter Road and Exit 18 of the Northway is the first step in the lengthy process of obtaining funds for the necessary improvements that will address this very dangerous situation. Improvements are drastically needed in the following locations. Where Aviation Road meets Potter, Fox Farm, Dixon and Farr and where the Queensbury School ingress and egress meets Aviation Road. My discussions with residents in neighborhoods surrounding this corridor have identified the dangers and frustrations of traffic along this corridor. The traffic situation is particularly dangerous in the morning when approaching the Queensbury School campus from the west. The flow of traffic into and out of the school campus in the morning presents challenges and safety risks to people going to or driving passed the school. The Queensbury School Site Committee will soon be preparing a Request For Proposal related to school site improvements. The traffic corridor study could be an integral part of improving traffic flow into and out of the Queensbury School campus and integrate into the site committee’s site improvement plans. I ask that the Town of Queensbury work with the Adirondack Glens Falls Transportation Council and any other necessary agencies to obtained the necessary funding and approvals to perform the traffic corridor study for Aviation Regular Town Board Meeting, June 06, 2005, Mtg #26 412 Road. I also ask that after this study is performed that it be used to obtain the necessary funding required to improve the current conditions. Thank you for your attention to this very important issue and please let me know if I can be of any assistance in helping to address this project. Sincerely, Leo Rigby 5 Willow Road MR. RIGBY-It’s my understanding that you’ve spoken with Erin from the Adirondack Glens Falls Transportation Council regarding this issue, can you give us an update? SUPERVISOR STEC-This is something that the Adirondack Glens Falls Transportation Council can do a traffic corridor study on. I got your letter and about, on a monthly basis I have occasion to go to the Adirondack Glens Falls Transportation Council meetings and I brought that with me and I asked about getting the traffic corridor study done. That’s a three county group, I mean there’s representatives from northern Saratoga County, Washington County and all of Warren County there and they said that they would put that on the list for transportation corridor study, traffic study on the route. That’s something that they can help us fund and identify what improvements are needed. So, they did say that they would do that. They’re responsible for most of the traffic projects in the area and the biggest one in the three counties right now is the old Exit 18 thing. So that’s kind of dominated all the funding sources, right now as far as getting construction done but they did say that there will be funding available to get the traffic study of the corridor completed. I don’t have a guess for when we could be implementing physical construction or changes off of those recommendations but they did say they would add it. I also talked to Dr. Howard at the school and he confirmed that the site committee is looking at the access to the campus and those issues and I told him of the availability that this study was out there and available and apparently they were about to contact us on the same matter. I told him this entity will fund and get the study done and he seemed very interested in that and so we’ve agreed to keep each other in the loop on that. MR. RIGBY-Is there any time frame? SUPERVISOR STEC-I don’t have a time frame on when the study will get done, I’m hoping this year. COUNCILMAN STROUGH-This is something that we’ve been talking about before, Dan and I have talked about needing an update on the corridor study for the Aviation Road… We can expend, we don’t have to generally go through the Adirondack Glens Falls Transportation Council, we can fund our own traffic study and as Dan pointed out, we can even update the study that was done for the Indian Ridge. So, it is something that we’re working on right now. MR. RIGBY-My point is, we need to be aggressive with it because this process is going to take a very long time… The only other comment I wanted to make was that there was an article in the Post Star recently about the Queensbury School system again, rated number ten so I think that’s a real positive for the community. COUNCILMAN STROUGH-I made a request to the City of Glens Falls to do something about the fence on the corner of Potter and Aviation and a week later they took it down so I want to thank Mayor Regan and members of the Glens Falls Common Council for doing that for us in Queensbury because it looks a whole lot better now. PRIVILEGE OF THE FLOOR CLOSED PRESENTATION – Phase II Stormwater Regulations 2004/2005 Annual Report 7:35 P.M. MS. RYBA, Executive Director noted that this is a requirement as part of our State and Federal mandated requirements to implement certain stormwater regulations by the year Regular Town Board Meeting, June 06, 2005, Mtg #26 413 2008, January 2008. We are in year two of a four year program. Every year we put together a report on our progress. Last year we put together with a Notice Of Intent to the New York State Department of Environmental Conservation outlining the items that we would address each year for four years until we obtained all of our goals in January thth 2008. The fiscal year for this program runs from March 9 through March 10 every year and reports are due in June and that’s what I’m doing this evening. We have to provide, in a public forum a report of the activities that have taken place in the past year and then talk a little about the goals for the next year. What will happen after this evening is, everything is in draft form, after this discussion it will go into the Town Clerk’s Office as well as on our website. Certainly, if anyone has any comments this evening, we will listen to those comments. Just to let you know, Rick Missita from the Highway Department and I are both the contact people because we do work, the Community Development Department does work in conjunction with the Highway Department. There are a number of components that we are required to address. The first is public education and our accomplishments this past year include an Intermunicipal Agreement with thirteen communities in the area to work on educational activities. This, it’s all based on a grant with the Lake Champlain Lake George Regional Planning Board. We’ll also be working with the Warren County Soil and Water Conservation District as we have in this past year, items such as putting together construction, stormwater and erosion control management practice techniques. We participate in, for example different fairs including the Washington County Fair to let people know about erosion control, what can be done among other items. The second thing is public participation and a couple of ways we’ve accomplished that in the last year is we had a Household Hazardous Waste Collection Day, last June. Fairly recently there was some work done with volunteers, the Park and Recreation Department as well as Warren County Soil and Water Conservation District to improve wetlands near Hovey Pond. One other item too, there’s roadside cleanup that the Highway Department works with twenty-five, plus or minus different organizations every year in the Adopt A Highway program and that’s an important part of activity towards stormwater drainage. Illicit Discharge, what we’re working on there is our GIS Administrator has global positioning equipment, we are required as a municipality to locate and map everyone of our stormwater facility items, so that’s going to take some time and we’re getting started with that. The other item is, working with Warren County Soil and Water Conservation District we have an engineering plan to get stormwater off of Route 9 into a drainage area and improve that drainage. Another item as part of this activity is participating and continuing education and workshops which both employees of the Highway Department, Community Department participate in. The next item is Construction Site Runoff Control. Right now, when people submit an application for site plan review subdivision, as staff we look at and require stormwater management plans. Our engineering staff, CT Male they also look at those applications and the figures and make sure that we have, the post construction runoff has to equal or be less then the pre-construction runoff. Next item is post construction management. Right now our Code Compliance Officer used to work with the Zoning Board of Appeals, we now have an additional staff person to take on that role so that our Code Compliance Officer can go out in the field earlier in the process of site developments and check for those stormwater controls. So that’s one of the items we have in compliance with our stormwater management goals for under these regulations. The last item is pollution prevention. The Highway Department has an active recycling program where they recycle the sand that they get from the streets and the next one, there’s a cleanout program, they cleanout catch basins. So, we’ve been moving along. Next year our goals include, stenciling storm drains with notices that the stormwater does drain into the Hudson River Basin or the Lake George Basin. Putting together a tree planting program along Halfway Brook and we’re planning an Adopt A Stream Program for cleanup along the streams. The other item we have as a goal for next year is to formalize the Town Highway practices in a document. There are a number of other items but these are just really the major ones, the highlights. TOWN BOARD held brief discussion regarding the stormwater management plan, groundwater effects and continuing education for the members of Planning Board and Zoning Board of Appeals… MR. STUART BAKER, Senior Planner noted that there are members participating in the NYMIR Pace University Training program, it’s challenging with all their board meetings Regular Town Board Meeting, June 06, 2005, Mtg #26 414 and personal lives but there are five or six that are actively working well in the program. There is one person that has completed all ten sessions of the training package and that is Charles Abbate of the Zoning Board. TOWN BOARD DISCUSSIONS 7:55 P.M. COUNCILMAN STROUGH-Referred to the Warren County website map of Warren County and noted that you can see Lake George, Glens Falls and then there’s Queensbury, with little letters that you can barely read and also a town called West Glens Falls. I wish Warren County would do something about that… (read from letter submitted tonight from resident from New Jersey) But it says ‘whereas professional business entities are exempt from public bidding requirements and whereas it has become common for professional business entities to make substantial political contributions to election campaigns of local government elected officers who are ultimately responsible for awarding professional service contracts or other contracts or agreements that are not subject to public bidding’, and it goes forward. I’ll take that opportunity to mention to that resident that gave me that, as well as the other residents that I take no contributions from anybody when I run my election campaigns, not even from my own political party, I self fund it… Questioned the status with NIMO and gaining that Hudson Point property? SUPERVISOR STEC-Bob Hafner told me today that late Friday afternoon he did speak to one of the attorneys who has confirmed that it is now in his lap so we actually have a name and a number to go with Niagara Mohawk. It sounds like he’s a new guy picking up some of the loose ends but Bob is confident that by close of 2005 it should be done. So, it is underway again. COUNCILMAN STROUGH-Questioned whether the Great Escape got back to the town regarding some property over in the Rush Pond area they were considering dedicating to the town? SUPERVISOR STEC-Not formally or officially but last I talked with them, they do plan on conveying, I think whatever we want, either easement or ownership. I assume we would prefer ownership to the property that they own which is west of the Northway which is key privately owned property that we would need if we were going to continue to extend the bike trail north to the Gurney Lane bridge. COUNCILMAN STROUGH-Not only that but the addition to the town property and making a nature preserve over in that Rush Pond area. SUPERVISOR STEC-Right. Nothing official or formal has happened but they’ve maintained that they’re still very willing to do that. COUNCILMAN STROUGH-Referred to the program, America Supporting Americans that the town is participating in and noted that he has students presently working on this program too. Noted, we’re supporting DELTA Company and these are the list of items they’re in need of: microwave popcorn, snack foods, hand sanitizers, black shoe polish, paper towels, Windex, lotions, sunscreens, batteries, chap stick, dental floss, coffee grounds, Styrofoam cups, coffee filters, flea collars, disposable cameras. They really appreciate it if you donate these items and bring them to Darleen Dougher, Town Clerk here at the Town Office. SUPERVISOR STEC-Just to add onto that, Darleen did send a couple of boxes to Delta Company so the donations are coming in… Recommended DVD’s, CD’s, Videos and magazines… COUNCILMAN STROUGH spoke regarding community planning with the recommended multiyear budgeting… SUPERVISOR STEC spoke regarding the budgeting process and noted that they’re working towards a multiyear budgeting… Regular Town Board Meeting, June 06, 2005, Mtg #26 415 COUNCILMAN STROUGH announced the need for volunteers for the Town’s EMS and Fire Companies… Still am working on the cable TV situation but it’s getting more complicated then ever and I will give you updates probably next month. COUNCILMAN TURNER-Noted that four months ago there was interest from some residents of Butternut Hill to receive town water. Ralph did a district survey, thirty-one were sent out, they received twenty-six survey responses and twenty-three of those indicated that they were not interested. COUNCILMAN BOOR-Noted that he’s heard great comments regarding the town’s roadways. We do have a great highway department, they do a wonderful job but I have in recent days received a couple of calls, not necessarily complaints but concerns. One of them has to do with Chestnut Ridge, the speed limit and the fact that it’s not striped. Another one is on Walkup Lane, there’s crumbling asphalt. Jenkinsville is another road that we need to get stripes on… I’d like to talk with Rick and Mike on that but if any other Board Members have issues in their ward that have to do with Highway Department, it might behoove us to get together and give a list at one time… Did receive a call regarding an individual with an excessive amount of cuttings, feel that we need to put a stipulation on a minimum or maximum amount. COUNCILMAN BREWER noted that in the past we used to conduct road tours with the Highway Department where we were able to address different issues and recommended doing that again… SUPERVISOR STEC-Noted that the Highway Department last week did install the four- way stop signs at Pershing, Ashley in the Broadacres Community… I wanted to point out that the town recently received a letter notifying us that we were awarded a hundred and fifty-one thousand dollar affordable housing homeownership development program grant from the state and that will go to approximately fourteen single family homes in the West Glens Falls and South Queensbury areas of town. Would like to recognize Marilyn, your department for helping secure these grants, this is important money that’s going to people that could use some help. MS. RYBA, Executive Director-Thank you, and Stuart Baker our Senior Planner is the person who is facilitating and administering the grants as they come in. So, definitely Stuart is the person to contact and I thank him publicly for all of the hard work he puts into all of this. I just wanted to mention too, we also applied for four hundred thousand dollars to Small Cities again and we’ll find out the end of August whether or not we get that funding. nd SUPERVISOR STEC-On Sunday, May 22 Roger and I were in North Queensbury, the North Queensbury Volunteer Fire Company dedicated a fire rescue boat and they dedicated it to the memory of Ronald Williamson, also known as Spider Williamson. The boat is called the Spider and Chief Baertchi asked that we recognize Spider Williamson, a twenty-four year firefighter up in North Queensbury who passed away a couple of years ago, and thank the Sheriff’s Department from Warren County, the original owner of the boat…. Did want to point out as a community interest or an economic development story, Angio Dynamics was just listed in last week’s Business Week, they were one of the hundredth hottest growths small companies in the country, they were number ninety-three but it did list as Queensbury, New York… I want to thank Glens Falls Nation Bank and TV-8 for sponsoring our Town Board Meetings… I want to make sure that the public is aware of the town’s website queensbury.net which offers a great deal of information… Just want to make the Town Board aware that we’ll be starting forward here in July with budgets, I assume that we’ll do it more or less the same way that we did it last year, I think that was pretty successful and I’ll keep you guys posted along the way. I anticipate sometime in July at a workshop having a discussion on the agenda item about what we’re going to do in the way of a rebate for 2006. As you st know, we need to action on that before September 1 in order for it to be effective next year. So, I would think either the second meeting in July or one of the two in August we can anticipate another vote. Regular Town Board Meeting, June 06, 2005, Mtg #26 416 RESOLUTIONS 8:25 P.M. RESOLUTION AWARDING BID FOR 20-TON EQUIPMENT TRAILER LOW PROFILE WITH AIR BRAKE AND PINTLE HOOK FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO.: 261, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town’s Purchasing Agent duly advertised for bids for the purchase of a 20-ton equipment trailer low profile, with air brake and pintle hook, as specified in the Water Department’s Bid Specification #2005-06, and WHEREAS, NORTRAX Equipment Company submitted the lowest responsible bid for the specified equipment for the total net price of $13,507and the Water Superintendent and Purchasing Agent have recommended that the Town Board award the bid to NORTRAX Equipment Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the 20- ton equipment trailer low profile, with air brake and pintle hook, to NORTRAX Equipment Company, for the total net price not to exceed $13,507, to be paid for from Water Department Account No.: 40-8340-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Purchasing Agent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Regular Town Board Meeting, June 06, 2005, Mtg #26 417 RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5072 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 262, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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.: 5072, 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 thirteen thousand dollars ($13,000), 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, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 5072 in the Town of Queensbury, New York in the amount not to exceed thirteen thousand dollars ($13,000) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, June 06, 2005, Mtg #26 418 th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED PROFESSIONAL PLANNING SERVICES CAPITAL PROJECT RESOLUTION NO.: 263, 2005 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by adoption of Resolution 426,2004 the Queensbury Town Board created the Planning Ordinance Review Committee (PORC) and appointed its members, and WHEREAS, by such Resolution, the Town Board directed the PORC to review and address inconsistencies and problems known to be at issue in, among other things, the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and th WHEREAS, on May 19, 2005 the PORC adopted a Resolution recommending the hiring of a consulting firm to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, the total estimated cost of the project is one-hundred thirty-thousand dollars ($130,000.), and WHEREAS, this project is proposed to be funded through a transfer from the Capital Reserve Fund #64 established by Resolution No. 322, 2001, and WHEREAS, the Town Board must conduct a public hearing before any withdrawal is made from the Capital Improvement Project Reserve Fund, and NOW, THEREFORE, BE IT Regular Town Board Meeting, June 06, 2005, Mtg #26 419 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.m. on Monday, th June 20, 2005 to hear all interested persons and take any necessary action provided by law concerning establishment and funding of the proposed 2005 – 2006 Professional Planning Services Project, 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 the proposed Capital Project in the manner provided by law. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED INCREASE IN TOWN-WIDE REVALUATION CAPITAL PROJECT RESOLUTION NO.: 264, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board adopted the Year 2005 Capital Improvement Plan (CIP) for the Town of Queensbury, which CIP included the Town’s proposed 2005 prioritized short and long-term Capital Projects, and WHEREAS, by Resolution No.: 46,2004, the Town Board authorized creation of the 2005 Town-wide Revaluation Fund #143 and transferred into such Fund $300,000 from the Capital Improvement Plan, and WHEREAS, the Town Board wishes to withdraw and expend additional moneys from the Capital Improvement Plan Reserve Account in the amount of $17,250 for Regular Town Board Meeting, June 06, 2005, Mtg #26 420 additional postage, printing expenses, and overtime related to the Town-wide Revaluation Project, and WHEREAS, the total for the 2005 Town-wide Revaluation Fund #143 after the additional transfer from CIP fund will be $317,250, WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and therefore the Town Board wishes to schedule a public hearing concerning the proposed increase in the 2005 Town-wide Revaluation Project as currently listed on the Town’s approved CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing th at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on June 20, 2005 to hear all interested persons and take any necessary action provided by law concerning the $17,250 increase in the proposed 2005 Town-wide Revaluation Capital Project, 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 the proposed Capital Project in the manner provided by law. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED, REVISED CAPITAL IMPROVEMENT PLAN POLICY RESOLUTION NO.: 265, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough Regular Town Board Meeting, June 06, 2005, Mtg #26 421 WHEREAS, by Resolution No.: 233,2001, the Queensbury Town Board adopted a Policy authorizing and establishing the Town of Queensbury’s Capital Improvement Plan (CIP) to serve as a Plan to facilitate meeting the Town’s future capital needs, including public works infrastructure, and WHEREAS, the Town’s CIP Committee has proposed certain changes to the Town’s CIP Policy to improve efficiency and effectiveness, and WHEREAS, in accordance with New York State General Municipal Law §99-g, the Town Board wishes to schedule a public hearing to hear all interested persons concerning the proposed, revised CIP Policy, and WHEREAS, the proposed, revised CIP Policy has been presented at this meeting and is in form approved by Town Counsel, 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.m. on Monday, th June 20, 2005 to hear all interested persons and take any necessary action provided by law concerning adoption of the Town’s proposed, revised Capital Improvement Plan Policy, 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 the proposed, revised CIP Policy in the manner provided by law. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None DISCUSSION BEFORE VOTE: Councilman Strough requested that this be put on the agenda for discussion for Monday night’s workshop… Supervisor Stec agreed… vote taken. RESOLUTION APPOINTING CURRENT ALTERNATE JOYCE HUNT REGULAR MEMBER OF ZONING BOARD OF APPEALS RESOLUTION NO. : 266, 2005 Regular Town Board Meeting, June 06, 2005, Mtg #26 422 INTRODUCED BY: Mr. John Strough 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 (ZBA) in accordance with applicable New York State law, and WHEREAS, a regular ZBA member recently resigned and so the Town Board wishes to appoint Joyce Hunt, current alternate member, to serve as a regular member of the ZBA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Joyce Hunt to serve as a regular member of the Town’s Zoning Board of Appeals until her term expires on st December 31, 2012. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None BEFORE VOTE: Supervisor Stec recognized and congratulated Joyce Hunt, who was present and noted that she’s been an alternate for three years and has done a great job… vote taken. RESOLUTION DESIGNATING CHARLES ABBATE AS CHAIRMAN OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO.: 267, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board has received the wishes to designate Charles Abbate as Chairman of the Town’s Zoning Board of Appeals for the year 2005, Regular Town Board Meeting, June 06, 2005, Mtg #26 423 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates Charles Abbate as Chairman of the Town’s Zoning Board of Appeals for the year 2005. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None BEFORE VOTE: Supervisor Stec recognized and congratulated Charles Abbate, who was present and noted that he’s been the Vice-Chairman of the ZBA and has done a great job. Ms. Ryba, Executive Director noted that Mr. Abbate is the member that has completed all ten sessions of the NYMIR Pace University Training Program… vote taken. RESOLUTION AUTHORIZING EXTENSION OF EMPLOYMENT FOR HOWARD BLUEGE, PART-TIME, TEMPORARY EMPLOYEE IN TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 268, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 507,2003, the Queensbury Town Board authorized the Town Assessor to extend the employment of Howard Bluege to work in the Town Assessor’s Office on a part-time, temporary basis working approximately 30 hours a week th through April 30, 2004, and WHEREAS, by Resolution No.: 281.2004, the Town Board authorized the extension st of the employment of Mr. Bluege to work until September 1, 2004 and by Resolution No.: 577,2004, the Town Board again authorized the extension of the employment of Mr. Bluege st to work until June 1, 2005, and WHEREAS, the Town Assessor has advised the Town Board that due to the ongoing work related to the 2005 Revaluation, she would like Town Board authorization to st extend the term of employment for Mr. Bluege through December 31, 2005, and Regular Town Board Meeting, June 06, 2005, Mtg #26 424 WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Mr. Bluege is the husband of Helen Otte, Town Assessor, and WHEREAS, the Town Board has considered the Assessor’s request and agrees that such extension of employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the extension of the employment of Howard Bluege to work in the Town Assessor’s Office on a part-time, st temporary basis working approximately 30hours per week through December 31, 2005, and BE IT FURTHER, RESOLVED, that Mr. Bluege shall continue to be paid the hourly wage of $12.79, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Budget Officer and/or Town Supervisor’s Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING UNPAID LEAVE OF ABSENCE FOR FRANCES COLVIN RESOLUTION NO.: 269, 2005 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer Regular Town Board Meeting, June 06, 2005, Mtg #26 425 WHEREAS, by Resolution No.: 39.2005, the Queensbury Town Board authorized the hiring of Frances Colvin as full-time Cleaner, a CSEA competitive position, effective st January 1, 2005, and WHEREAS, Ms. Colvin has requested Town Board approval to take up to four (4) weeks of an unpaid leave of absence upon her adoption of a child sometime during 2005, as set forth in the Town’s Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc., (CSEA), and WHEREAS, the Town’s Facilities Manager has recommended that the Town Board grant such unpaid leave at the time that Ms. Colvin’s adoption of a child, with the understanding that Ms. Colvin will provide additional information to the Town if she needs or wishes additional leave as unpaid leave of absence, and WHEREAS, in accordance with the Town’s Agreement with CSEA, Town Board approval is necessary before an employee may take such a leave, and WHEREAS, the Town Board has carefully considered the circumstances of Ms. Colvin’s request and the Facilities Manager’s recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants up to four (4) weeks of an unpaid leave of absence to Frances Colvin effective upon the date of her adoption, in accordance with the Town’s Agreement with the Town of Queensbury Civil Service Employee’s Association (CSEA), and BE IT FURTHER, RESOLVED, that Ms. Colvin shall notify the Town Board and Facilities Manager in writing upon the second week of unpaid leave taken of her intention to return to work or request further unpaid leave and supply supporting information/documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Supervisor, Facilities Manager and/or Budget Officer to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Regular Town Board Meeting, June 06, 2005, Mtg #26 426 NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING ON PETER BOVEE AND DARLENE PHILLIPS’ APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 270, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Peter Bovee and Darlene Phillips have filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to seek formal Town Board approval to place a new, double-wide, manufactured mobile home on their property located at 46 Sanders Road in the Town of Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, June 20, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Peter Bovee and Darlene Phillips’ application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit concerning property situated at 46 Sanders Road in the Town of Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. th Duly adopted this 6 day of June, 2005, by the following vote: Regular Town Board Meeting, June 06, 2005, Mtg #26 427 AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION REQUESTING SPEED LIMIT STUDY AND POSSIBLE REDUCTION FOR WEST MOUNTAIN ROAD, QUEENSBURY RESOLUTION NO.: 271, 2005 INTRODUCED BY : Mr. Daniel Stec WHO MOVED IT’S ADOPTION SECONDED BY : Mr. John Strough WHEREAS, due to increased residential construction and coinciding increase in road traffic in the area of West Mountain Road in the Town of Queensbury, the Queensbury Town Board has concerns about the current speed limit of West Mountain, a County Road, particularly that portion of the road from Gurney Lane to the intersection with Corinth Road, and WHEREAS, the Town Board wishes to adopt a Resolution requesting that the speed limit be studied and reduced on West Mountain Road, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the speed limit along the entire length of West Mountain Road be studied and possibly reduced from the current 50 mile per hour speed limit for safety reasons, and BE IT FURTHER, RESOLVED, in accordance with Vehicle and Traffic Law §1622, that the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution and any other necessary documentation to the Warren County Department of Public Works and/or New York State Department of Transportation for the purposes of studying and possibly establishing a lower maximum speed limit on West Mountain Road in the Town of Queensbury. th Duly adopted this 6 day of June, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Regular Town Board Meeting, June 06, 2005, Mtg #26 428 NOES : None ABSENT: None RESOLUTION AUTHORIZING CONTRACT WITH EXPERIMENTAL AIRCRAFT ASSOCIATION – EAA CHAPTER #353 - FOR FUNDING TOWARD EAA NORTHEAST 2005 FLY-IN AT FLOYD BENNETT MEMORIAL AIRPORT RESOLUTION NO.: 272, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to provide funding in the amount of $3,000 to the Experimental Aircraft Association - EAA Chapter #353 – which organization is sponsoring the EAA Northeast 2005 Fly-In at the Floyd Bennett Memorial Airport on thst August 19-21, 2005, and WHEREAS, such event is expected to bring tourists to the Town, its hotels and motels, restaurants, stores and other businesses thereby benefiting the general economy of the Town and, indeed, all of Warren County, and WHEREAS, a proposed Agreement providing for such funds has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Experimental Aircraft Association - EAA Chapter #353 substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 6 day of June, 2005, by the following vote: Regular Town Board Meeting, June 06, 2005, Mtg #26 429 AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT OF LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY AND AUTHORIZING RECEIPT OF $25,739.54 IN ADDITIONAL OCCUPANCY TAX REVENUES FROM WARREN COUNTY RESOLUTION NO.: 273, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 375,2004, the Queensbury Town Board entered into a Local Tourism Promotion and Convention Development Agreement (Agreement) between the Town and Warren County to provide for the Town’s use of $10,000 in occupancy tax revenues received by Warren County, and WHEREAS, the Agreement provided for initial funds of ten thousand dollars ($10,000) and any additional funds to be provided only in accordance with further Resolution adopted at the sole discretion of the Warren County Board of Supervisors, with all funding subject to and in accordance with and the terms and provisions of the Agreement without the need to approve and sign additional agreements for additional payments, and WHEREAS, by Resolution No.: 307 of 2005, the Warren County Board of Supervisors authorized additional funding to the Town of Queensbury in the amount of $25,739.54, and WHEREAS, the Town wishes to accept such funds by Resolution in accordance with the Agreement, and WHEREAS, by Resolution No.: 239 of 2005, the Warren County Board of Supervisors also authorized an Amendment of the Agreement to provide that municipalities shall retain funds following the scheduled date of termination or an earlier mutual consent termination date provided the funds are used only for eligible expenditures as more specifically identified in the Agreement, provided that the municipality is not in breach of the Agreement, and Regular Town Board Meeting, June 06, 2005, Mtg #26 430 WHEREAS, the Town Board wishes to also authorize the Amendment of the Agreement as presented at this meeting in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Amendment to the Local Tourism Promotion and Convention Development Agreement (Agreement) between the Town of Queensbury and Warren County substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes acceptance of twenty-five thousand seven-hundred thirty-nine dollars and 54 cents ($25,739.54) from Warren County such funds to be accepted and expended in accordance with the terms set forth in the Agreement, and BE IT FURTHER, RESOLVED, that specific expenditure of such funds shall be subject to further authorizing Town Board Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward certified copies of this Resolution to the Warren County Attorney’s Office and Warren County Board of Supervisors and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None BEFORE VOTE: Supervisor Stec reviewed formula with Town Board.. Councilman Boor noted some typos in the county contract… vote taken. RESOLUTION AUTHORIZING COORDINATED ASSESSMENT AGREEMENT WITH CITY OF GLENS FALLS Regular Town Board Meeting, June 06, 2005, Mtg #26 431 RESOLUTION NO.: 274, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 481,98, the Queensbury Town Board enacted Local Law No. 9 of 1998, which Local Law amended the Town Code by adding a new Chapter 24 entitled “Coordinated Assessment Program,” which authorized the Town to enter into an agreement with the City of Glens Falls for a joint assessor, and WHEREAS, in accordance with Real Property Tax Law §576 and §579 and General Municipal Law Article 5-G, the Town and City entered into a municipal cooperative th agreement dated December 30, 1998 providing for the appointment of one assessor, Helen Otte, to hold office in both the Town and City, and WHEREAS, by Resolution No. 401, 2002, the Town authorized a revised Coordinated Assessment Agreement and the Town and City have again negotiated revised terms for the Coordinated Assessment Agreement, and WHEREAS, the proposed, revised Agreement is substantially identical in form to the previously authorized Coordinated Assessment Agreements and it is presented at this meeting in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the revised Coordinated Assessment Agreement with the City of Glens Falls substantially in the form presented at this meeting, such Agreement to terminate on December 31, 2006, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor, Town Assessor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Regular Town Board Meeting, June 06, 2005, Mtg #26 432 RESOLUTION AUTHORIZING AGREEMENT WITH GLEN LAKE PROTECTIVE ASSOCIATION RESOLUTION NO.: 275, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Glen Lake is an important Town of Queensbury resource with public access and significant fishing and recreational opportunities for all Town residents, and WHEREAS, the Glen Lake Protective Association (GLPA) is a not-for-profit entity which has one of its purposes the protection of Glen Lake, and WHEREAS, the GLPA has obtained a permit to apply Aquathol Super K treatment which will aid in controlling nuisance aquatic plant species (Project), and WHEREAS, the Town Board wishes to have the Project go forward for the benefit of the Town, and WHEREAS, the Town Board wishes to support the Project, and WHEREAS, the Town Board wishes to enter into an Agreement with the GLPA regarding the Town’s financial support of the Project and also establish appropriations for the Project, and WHEREAS, a copy of the proposed Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of the application of the Aquathol Super K treatment to aid in controlling nuisance aquatic plant species in Glen Lake (Project) and hereby pledges its financial support of the Project by establishing appropriations in the amount of $35,000 for the Project with the source of such appropriations to be funded by the transfer of $10,000 from Contingency Account No.: 001-1990-4400 to Community Services Misc. Contractual Account No.: 001-8989-4400 in 2005 and $25,000 intended to be budgeted and paid in 2006, and BE IT FURTHER, RESOLVED, that vouchers can be submitted to the Town for total amounts not to exceed $35,000 in total over 2005 and 2006, such vouchers to include copies of contractor Regular Town Board Meeting, June 06, 2005, Mtg #26 433 invoices and all other information required by the Town Supervisor, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Accounting Office to amend the 2005 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement between the Town and the Glen Lake Protective Association substantially in the form presented at this meeting and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION AUTHORIZING AGREEMENT WITH QUEENSBURY FAMILY OF EMERGENCY SERVICES FOR PROVISION OF FUNDING FOR 2006 HUDSON VALLEY VOLUNTEER FIREMEN’S CONVENTION RESOLUTION NO.: 276, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury Family of Emergency Services organization for provision of funding in connection with the 2006 Hudson Valley Volunteer Firemen’s Convention to be held in Queensbury, and WHEREAS, the Town Board determines that supporting this convention will promote the convention and local tourism thereby enhancing the local economy, and Regular Town Board Meeting, June 06, 2005, Mtg #26 434 WHEREAS, the Town wishes to use occupancy tax funds received from Warren County to fund this, and WHEREAS, the Town of Queensbury’s Agreement with Warren County regarding st Local Tourism Promotion and Convention Development expires on December 31, 2005 so the Town can only enter into an Agreement for only 2005 and for only one-half (1/2) of the funds, and WHEREAS, the Town Board expects Warren County to enter into a similar agreement with the Town for 2006 which would provide an additional $15,000 which could be available for this convention, and WHEREAS, a proposed Agreement has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Family of Emergency Services organization for provision of funding in connection with the 2006 Hudson Valley Volunteer Firemen’s Convention to be held in Queensbury, substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has sufficient remaining unallocated occupancy tax funds available from Warren County. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION INCREASING APPROPRIATIONS AND AMENDING 2005 TOWN BUDGET TO ACCOMMODATE EMS BUDGETS Regular Town Board Meeting, June 06, 2005, Mtg #26 435 RESOLUTION NO.: 277, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury has entered into a contracts with the West Glens Falls Emergency Medical Squad to provide EMS services during 2005, and WHEREAS, the total amount budgeted in the Town’s 2005 budget for such EMS services is inadequate to cover the cost of the contract, WHEREAS, the Accounting Department has accordingly requested a budget amendment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of the Town’s 2005 Budget to increase appropriations in Account #005- 3410-4415-4981 in the amount of $91,886 to be financed through additional appropriated fund balance (005-0005-0599), and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Accounting Office to make any necessary adjustments, transfers or prepare any documentation necessary to amend the 2005 Town Budget and effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 278, 2005 Regular Town Board Meeting, June 06, 2005, Mtg #26 436 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2005 Town Budget as follows: CEMETERY FROM: TO: $ AMOUNT: 002-8810-4090 002-8810-1470-0002 500. (Conf.-Regis. & Attendance) (Working Foreman-Overtime) COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 001-8020-1915 001-8020-4155 3,000. (Office Specialist) (Temp. Personnel) CONTINGENCY 00-1990-4400 001-1670-4791 6,000. (Contingency) 001-1990-4400 001-1620-4110 1,000. (Contingency) (B&G – Vehicle Rep.) th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 279, 2005 Regular Town Board Meeting, June 06, 2005, Mtg #26 437 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills ndth presented as the Abstract with a run date of June 2, 2005 and a pay date of June 7, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a ndth run date of June 2, 2005 and pay date of June 7, 2005 numbering 10491900 through 25- 259400 and totaling $394,404.80, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPOINTING KERRIE HATIN AS COURT CLERK FOR TOWN JUSTICE MICHAEL J. MULLER RESOLUTION NO.: 280, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board clarified and confirmed the Queensbury Town Court positions as follows: 1. Court Clerk to Justice Michael Muller – then occupied by Carol Finamore; 2. Court Clerk to Justice Robert McNally – Karen Stockwell; 3. Court Clerk (to serve needs of Court) – then occupied by Kerrie Hatin; and Regular Town Board Meeting, June 06, 2005, Mtg #26 438 4. Deputy Court Clerk – now occupied by Yvonne Lashway; WHEREAS, by Resolution No. 9, 2005, the Town Board confirmed such appointments for the year 2005, and WHEREAS, Court Clerk to Justice Michael Muller, Carol Finamore, recently submitted her resignation and Justice Michael Muller now wishes to appoint Kerrie Hatin to serve as Court Clerk to him, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Ms. Hatin is the wife of David Hatin, the Town’s Director of Building and Codes Enforcement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Kerrie Hatin as Court Clerk for Michael J. Muller, and BE IT FURTHER, RESOLVED, that Ms. Hatin’s salary shall remain unchanged for 2005, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Justices and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None BEFORE VOTE: Town Counsel Schachner proposed the following addition to the resolution, as a final whereas to read: WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Ms. Hatin is the wife of David Hatin, the Town’s Director of Building and Codes Enforcement… Councilman Turner and Councilman Brewer agreed as amended… (vote taken) Regular Town Board Meeting, June 06, 2005, Mtg #26 439 Supervisor Stec noted that Resolution 8.21 has been pulled from the agenda… RESOLUTION AUTHORIZING FURTHER SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. ARTHUR BROWN RESOLUTION NO.: 281, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury commenced multiple actions against Arthur § Brown for violations of Queensbury Town Code 102-3, the Town’s Ordinance regulating junkyards for maintaining a junkyard without a permit at property located at 69 Birch Road in the Town of Queensbury, and WHEREAS, in addition, there have been violations of Chapter 96 for illegal dumping on the property, and WHEREAS, by Resolution No.: 220,2004, the Queensbury Town Board authorized commencement of Supreme Court Action to pursue preliminary and injunctive relief, and WHEREAS, the Hon. David B. Krogmann issued an Order and Judgment on August th 19, 2004 permanently enjoining, restraining and prohibiting maintenance of a junkyard at the property, and WHEREAS, by that Order, Arthur Brown was required to clean up the property within 30 days and the Town was permitted to do so at a cost to be paid by Mr. Brown, should he fail to do so, and WHEREAS, the Town ultimately cleaned the property at a cost of $3,378.38, and WHEREAS, inspection of the property in April, 2005 revealed that large amounts of junk and debris had been deposited on the property, and WHEREAS, correspondence to Mr. Brown and to his attorney requesting clean up of the property has not been answered, NOW, THEREFORE, BE IT Regular Town Board Meeting, June 06, 2005, Mtg #26 440 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a motion in Warren County Supreme Court to pursue contempt charges in the matter of the Town of Queensbury vs. Arthur and Janice Brown as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation and take any and all action necessary to commence such proceeding and effectuate all terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : Mr. Brewer (after introduction of resolution and during discussion, Mr. Brewer momentarily left meeting room) BEFORE VOTE: Town Counsel Radner-We’ve previously commenced not one but two actions against Arthur Brown related to his property. One for an illegal septic system and one for junk in the yard. We got favorable decisions on both cases, when it came to the junk resolution the town was authorized by Supreme Court to remove the junk as a charge against Mr. Brown, if he did not remove it himself within a certain amount of time. Mr. Brown did not remove the junk and so the town expended roughly three thousand dollars, I believe the amount as set forth in the resolution and that junk was removed. That’s a charge that’s now leaned against the property but as of this time it’s come out of the taxpayer’s pockets. After cleaning up the property, after having the town clean up the property Mr. Brown however, has brought new garbage to the property or has removed junk that was previously inside of the property and it’s now strewn all over the lawn of the property. And we’re back to where we were before we spent three thousand dollars. Rather then starting from square one, what we can do at this point though is seek an Order finding Mr. Brown in contempt of the earlier Order of the Court which did require him to clean up the property and maintain it in compliance with the Town Code. Because it is a Supreme Court Action now, this Board ultimately should make that direction because it is an expense to the town. What we would be seeking would be Civil Contempt which would ultimately result in a fine and again charges being brought against Mr. Brown. (vote taken) RESOLUTION APPOINTING YVONNE LASHWAY AS COURT CLERK TO SERVE NEEDS OF COURT RESOLUTION NO. : 282, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor Regular Town Board Meeting, June 06, 2005, Mtg #26 441 WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board clarified and confirmed the Queensbury Town Court positions as follows: 5. Court Clerk to Justice Michael Muller – then occupied by Carol Finamore; 6. Court Clerk to Justice Robert McNally – Karen Stockwell; 7. Court Clerk (to serve needs of Court) – then occupied by Kerrie Hatin; and 8. Deputy Court Clerk – now occupied by Yvonne Lashway; WHEREAS, by Resolution No. 9, 2005, the Town Board confirmed such appointments for the year 2005, and WHEREAS, Court Clerk to Justice Michael Muller, Carol Finamore, recently submitted her resignation and by prior Resolution the Town Board authorized the appointment of Kerrie Hatin to serve as Court Clerk to Judge Muller, and WHEREAS, the Town Justices now wish to appoint current Deputy Town Court Clerk to the now vacant position of Court Clerk to serve needs of the Court, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Ms. Lashway is the wife of Ryan Lashway, the Town’s Computer Technology Assistant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Yvonne Lashway as Court Clerk to serve needs of the Court, a Grade 5 Non-Union position on the Town of Queensbury’s Salary Structure for 2005, at the annual salary of $26,879, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Justices and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Regular Town Board Meeting, June 06, 2005, Mtg #26 442 BEFORE VOTE: (Councilman Brewer returned to meeting room) Town Counsel Schachner proposed the following addition to the resolution, as a final whereas to read: WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Ms. Lashway is the wife of Ryan Lashway, the Town’s Computer Technology Assistant… Councilman Strough and Councilman Boor agreed as amended… (vote taken) RESOLUTION APPOINTING MARGARET QUINTAL AS DEPUTY COURT CLERK RESOLUTION NO. : 283, 2005 INTRODUCED BY : Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board clarified and confirmed the Queensbury Town Court positions as follows: 9. Court Clerk to Justice Michael Muller; 10. Court Clerk to Justice Robert McNally; 11. Court Clerk (to serve needs of Court); and 12. Deputy Court Clerk; WHEREAS, one of the Court Clerks recently submitted her resignation and as a result of position changes following that resignation, the Town Justices wish to appoint an individual to fill the vacant position of Deputy Court Clerk, and WHEREAS, the Town Court Clerks and/or Town Justices advertised for the anticipated, vacant position, reviewed resumes, interviewed interested candidates and the Town Justices now wish to make the appointment of Margaret Quintal to fill the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town Justices’ appointment of Margaret Quintal as Deputy Court Clerk, a Grade 4 Non-Union position on the Town of Queensbury’s Salary Structure for 2005, and BE IT FURTHER, Regular Town Board Meeting, June 06, 2005, Mtg #26 443 RESOLVED, that Ms. Quintal shall be paid an annual salary of $23,999, and BE IT FURTHER, th RESOLVED, that this appointment shall be effective June 7, 2005 and shall be subject to a six month probation period, completion of the required Oath of Office and satisfactory completion of a pre-employment physical, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Budget Officer and/or Town Justice(s) to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of June, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Strough NOES : None ABSENT: None ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE ATTORNEY MATTERS 9:42 P.M. TOWN COUNSEL SCHACHNER-Just a couple of quick things to report. One is that we received a letter late last week from Crandall Library. Has the Town Board received your copies? SUPERVISOR STEC-Yes. TOWN COUNSEL SCHACHNER-So your all set with that and the Environmental Facilities Corporation funding or rather refinancing for the Route 9 Sewer District is proceeding along and they’ll be closing in July and I have your Affidavits Of No Conflict Of Interest right here if you don’t mind signing them before you leave… SUPERVISOR STEC-Okay. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 284, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT’S ADOPTION SECONDED BY: Mr. Tim Brewer Regular Town Board Meeting, June 06, 2005, Mtg #26 444 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss two matters, a Labor Grievance matter and a Real Property Assessment Litigation matter. th Duly adopted this 6 day of June, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO.: 285, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED IT’S ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Executive Session and enter Regular Session. th Duly adopted this 6 day of June, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO ADJOURN BOARD MEETING RESOLUTION NO.: 286, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED IT’S ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. th Duly adopted this 6 day of June, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None Regular Town Board Meeting, June 06, 2005, Mtg #26 445 No further action taken. RESPECTFULLY SUBMITTED, DARLEEN DOUGHER TOWN CLERK TOWN OF QUEENSBURY