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2004-01-12 MTG2 REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 198 REGULAR TOWN BOARD MEETING MTG#2 TH JANUARY 12, 2004 RES#45-66 7:00 P.M. B.H. 1-2 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS TOWN BUDGET OFFICER, JENNIFER SWITZER DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND WATER SUPERINTENDENT, RALPH VAN DUSEN ASSESSOR, HELEN OTTE PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEC SUPERVISOR STEC-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 45, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: EXECUTIVE DIRECTOR, COMMUNTIY DEVELOPMENT, CHRIS ROUND- Noted board received memo from Dave Hatin this is a facility that is actually in place. After it was constructed the as built information indicated they didn’t comply with the setbacks from leach field to the well. It is ninety-one feet in lieu of one hundred. REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 199 COUNCILMAN BREWER-Questioned if they are going to have someone look at this? COUNCILMAN BOOR-Doesn’t see this as being drastic, this is less than ten percent. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DEAN REALI RESOLUTION NO.: BOH 1, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Dean Reali has applied to the Local Board of Health for variances from Chapter 136 to allow a leach field to be located 91’ from his well in lieu of the required 100’ setback on property located at 24 Jay Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on January 26, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Dean Reali’s sewage disposal variance application concerning property situated at 24 Jay Road, Queensbury (Tax Map No.: 289.10-1-16) 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 12 day of January, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 2, 2004 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 200 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None PUBLIC HEARING TOWN-WIDE REVALUATION CAPITAL PROJECT AND TOWN-WIDE REVALUATION CAPITAL PROJECT FUND #143 NOTICE SHOWN OPENED ASSESSOR HELEN OTTE PRESENT SUPERVISOR STEC-Helen would you care to come to the microphone and just brief the public. Basically the revaluation the Town Board along with our Assessor, Helen Otte conducted our search of bids we had three and we selected one. The dollar amount involved for the reassessment project for the Town is for three hundred thousand dollars, we have money aside in the capital project fund. In order to take money from that fund and put it towards a specific project our procedure calls us to go to a public hearing, which is where we are right now. COUNCILMAN BREWER-It doesn’t name the company in here does it? SUPERVISOR STEC-That’s down in the resolution. Right now all this resolution will do is put the money in a fund to be used. Actually our first regular resolution 7.1 tonight is the one that we grant the contract. ASSESSOR OTTE-This is a two-year project over two budgets years. It begins st this year upon signing of the contract and continues until July 1, 2005, when the rolls and the values will be finalized. The first tax that the revaluation will apply to will be the school tax in September 2005. This funding extends, as I said over two budget years. SUPEVISOR STEC-Two budget years this year concluding sometime late spring maybe early summer next year? ASSESSOR OTTE-Of 2005. SUPERVISOR STEC-Is there anyone from the public that would care to come up that has questions or comments? Again, this is for the Town wide revaluation project. Approximately every ten years the Town will revaluate ourselves and hopefully gain more fair assessment Town wide any public comments at all? Seeing none, I’ll close the public hearing any comments from the Town Board members? REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 201 NO PUBLIC COMMENT COUNCILMAN BOOR-I have one. In the fifth resolve it says, The Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary. I just want to be clear that the Town Budget Officer is that Jennifer Switzer or you? SUPERVISOR STEC-The Town Budget Officer is Jennifer Switzer. I suppose that’s good to clarify that there might be some confusion. COUNCILMAN BOOR-Also in the next resolve, it says make any adjustments, budget amendments, transfers, or prepare any documentation necessary to establish appropriations, this would be you or Jennifer? SUPERVISOR STEC-That’s the Town Budget Officer, Jennifer Switzer. She will do the mechanics and Jennifer jump in if I’m incorrect. She will handle the mechanics of establishing revenue and an expense account. Jennifer, I’m going to say the expense account that is the capital reserve fund. TOWN BUDGET OFFICER, SWITZER-No, the expense account is naming a specific expense account within that fund. SUPERVISOR STEC-And the revenue account? TOWN BUDGET OFFICER, SWITZER-The revenue signifies a revenue account that’s a transfer fund the capital improvement plan. SUPERVISOR STEC-Any other questions or comments Town Board members? PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING ESTABLISHMENT OF TOWN-WIDE REVALUATION CAPITAL PROJECT AND TOWN-WIDE REVALUATION CAPITAL PROJECT FUND #143 RESOLUTION NO.: 46, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board adopted the Town of Queensbury’s Capital Improvement Plan (CIP), which CIP included the Town’s proposed prioritized short and long- term Capital Projects, and 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 th WHEREAS, the Town Board scheduled and duly held a public hearing on January 12, 2004 concerning the proposed 2005 Town-wide Revaluation Project as currently listed on the Town’s approved CIP, REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 202 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the 2005 Town-wide Revaluation Capital Project, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the 2005 Town-wide Revaluation Fund #143, which Fund will establish funding for expenses associated with the 2005 Town-wide revaluation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by funding through the Capital Improvement Plan, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #143 in the amount of $300,000, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ?? Revenue Account No. 143-0143-5031 – $300,000 ?? Expense Account No. 143-1355-4400 – $300,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2004 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT :None REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 203 CORRESPONDENCE DEPUTY TOWN CLERK, O’BRIEN-Noted the following yearly reports are on file in the Town Clerk’s Office. Town Clerk, Landfill, Building and Codes, Receiver and Assessments. Read to the board the 2003 Customer and Telephone Log for Town Clerks Office and Tax Receivers Office. OPEN FORUM Asked for more of an explanation KAREN ANGLESON, 1 GREENWOOD LANE- regarding Resolution Authorizing Engagement of Chazen Engineering & Land Surveying to Provide Technical Review Services Associated with the Town Planning Board’s Review of Great Escape Expansion Plan. Noted it was her understanding that the next step for Great Escape had been agreed upon and the first step in the next process was a walkway over Route 9. Some of the issues that the steps included were no rides or amusements on the west side of Route 9. To preserve the wetlands and protect visual and noise impacts and to protect the Karner Blue Butterfly Habitat and address lighting and runoff; would like to make sure this is on the agenda. In reviewing the Planning Board’s Agenda’s for the th next few weeks is aware that the Great Escape has a request on the January 20, Planning Board Agenda for a Supplemental Environmental Impact Statement, which addressing the proposed construction of a new two hundred room hotel and indoor amusement center in that it mentions nothing about a walkway over Route 9. SUPERVISOR STEC-Assured Mrs. Angleson that it has been the Town’s position and is his understanding that the Great Escape is fully on board with the pedestrian walkway moving in conjunction with the application. EXECUTIVE DIRECTOR, MR. ROUND-The resolution is to hire Chazen Companies to review the Great Escape submission. All this resolution does is authorize us to hire Chazen to provide the review services as they did for the first Environmental Impact Statement. There are some things that are unique to this project that weren’t fully explored in the Environmental Impact Statement previously. The applicant has taken a conservative approach and proposed to supplement the Environmental Impact Statement rather than move forward without a supplement. Every board member has spoken to him as soon as they learned word of this that the pedestrian bridge is a part of the previous approval and has asked that question, when will it be constructed noting this has been their communication to the applicant that they need to address that issue before any other approvals are entertained noting they have indicated they will address that. SUPERVISOR STEC-Had a briefing from the Great Escape people they are saying that although they have other business on that side of the Northway they don’t have a problem with fulfilling what they promised on the pedestrian bridge. Thinks you will see them look for the other project to get an approval and some sort of activity this year in conjunction with and around their height of their season, fully expects that this year there will be a pedestrian bridge. Noted the sewer project is going in and they will be out of there long before any of this happens doesn’t think it will be a hold up for the pedestrian bridge. Hopefully this time next year the pedestrian bridge will be in place. COUNCILMAN BOOR-Appreciates the concerns of the public with what will occur on the property zoned by the Great Escape. Requested that the Planning Department noting he has no problem with the resolution that is before them, but in REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 204 the future thinks it would be appropriate, but helpful to Town Board Members to receive the information you receive from Chazen so that they know exactly what they are voting on. For us to vote on allocating funds to pay for this with the knowledge that it’s a pass through and that the Great Escape will ultimately pay the bill thinks it is important that as a board they understand what the actual study is, in the future would like to see this information attached to the resolution. COUNCILMAN BREWER-Asked if they know how much this is going to cost? EXECUTIVE DIRECTOR, MR. ROUND-Attached to the resolution there is a scope of services. This is a reimbursable expense that is passed on to the applicant. COUNCILMAN BOOR-Noted if something strange and extravagant was being requested doesn’t know if he would authorize somebody to do the work on the pass through noting this is not the case here. Thinks it’s important they know what the study is going to be looking at before authorizing expenditure with the assumption of reimbursement. PLINEY TUCKER, 41 DIVISION ROAD-Spoke to board regarding an article in the newspaper regarding vehicles noting Supervisor Stec is going to be driving his own vehicle to County meetings. SUPERVISOR STEC-To County meetings and around Town. MR. TUCKER-A while back they went through this believes at the time it was determined when you are on Town business you are covered by Town liability. If you use your own vehicle you are not covered by the Town you are covered by your insurance questioned what would happen if you get in an accident? If you get in an accident you will get sued, the Town is going to get sued, and we’re going to have to hire a Lawyer to defend ourselves. If you are using the Town vehicle and get into trouble the insurance company that covers the Town furnishes the Lawyer and it doesn’t cost us anything. MR. TUCKER-Asked Town Counsel if he was right? TOWN COUNSEL HAFNER-Would have to look at the insurance policy to make sure doesn’t know. SUPERVISOR STEC-It certainly wasn’t the biggest cost savings measure that he hopes to propose this year noting the point is well taken will verify this. COUNCILMAN BREWER-Noted it wouldn’t be any different if you were charging mileage. SUPERVISOR STEC-Noted he had a meeting today with Ralph Van Dusen regarding status of the fleet vehicles. It was determined in a previous study that it was cheaper for the Town to operate the fleet than it was to charge the thirty seven cents a mile it may be true, may not, may have change. The point he was making was after driving ninety-six miles around trip to his old job it doesn’t bother him to use his own vehicle around Town noting he is not looking for reimbursement. MR. TUCKER-Spoke to the board regarding the Emergency Squads and the eighty five thousand dollars. The President of West Glens Falls Emergency Squad said it th would be place by January 15. SUPERVISOR STEC-They are ready they don’t have a contract with the Town. REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 205 MR. TUCKER-Questioned if her opinion is going to govern it or is your opinion going to govern it when you state you are going to have a contract before this even takes place? SUPERVISOR STEC-They are not going to enter into this contract without it being part of their contract with the Town and the Town pays for it. If they want to do this out of their fund raising maybe that’s another avenue. Thinks she may have misspoke or perhaps she was misquoted. Thinks the point she is trying to make is they are ready this week to start this the Town Board is not. MR. TUCKER-Questioned if the public will be able to comment regarding this issue? SUPERVISOR STEC-Noted there would be a public hearing. They have to have negotiations with the three Rescue Squads to get their contracts they expired st December 31. Will negotiate with the Rescue Squads hopefully by the end of nd January and if not by the twenty six meeting then hopefully by the February 2, meeting we’ll set a public hearing. COUNCILMAN TUCKER-Asked the status of the five and a half acres formerly known, as the colony above the Water Plant on Corinth Road is part of recreation land from Hudson Pointe Development. TOWN COUNSEL, HAFNER-Received letter from Niagara Mohawk last week asking for more information hasn’t had a chance to respond. COUNCILMAN BREWER-It is taking so long due to the Firk License. TOWN COUNSEL, HAFNER-Received the Firk License a couple months ago wrote to the Company they said the property is still held by Niagara Mohawk. We wrote to the contact we have at Niagara Mohawk they forwarded it on to the person that was in charge, he spent a month searching files has asked for more information. MR. TUCKER-Asked if information the Town has is sufficient? TOWN COUNSEL, HAFNER-What I gave them should have been enough. DONALD SIPP, COURTHOUSE DRIVE-Spoke to the board regarding the resolution of Chazen Engineering and Great Escape the Agreement to perform review services for proposed Hotel and Water Park at the Great Escape. Noted he remembers the hotel was scheduled to be in the area, which is to the west side of Route 9, questioned if the Water Park will be in the same area as the Hotel? SUPERVISOR STEC-It is his understanding. MR. SIPP-If you go back to the original EIS the Park itself was divided into three areas A, B. and C. A, being the rides, amusement area, which was on the east side of Route 9. B was designed by the entrance and for the hotel, and C, was the parking lot asked if the Water Park an amusement? EXECUTIVE DIRECTOR, MR. ROUND-Noted the resolution is just to hire the engineer noting Mr. Sipp’s comments are part of the Planning Board’s review process. The first Planning Board Meeting in January there won’t be a public comment portion so you won’t be missing a public comment session. Sometime REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 206 during February there will be a public hearing will be advertised. A, B, and C, were areas that were identified in the initial EIS to references for the park. They weren’t restrictions on what could take place or couldn’t take place on the park. The Hotel and the Water Park are taking place on the west side of Route 9 in- between Route 9 and I-87. SUPERVISOR STEC-Noted this is all in lieu of the approvals from the EIS Convention Center. MR. SIPP-There is a rumor that this will include a structure, which will be sixty feet tall? EXECUTIVE DIRECTOR, MR. ROUND-Doesn’t know the number, but it is substantial. COUNCILMAN BOOR-Will approve the resolution because Chazen needs to do the work, but is disappointed they are approving work to be done on something that we have no idea of what they are talking about. COUNCILMAN BREWER-It’s review for the Planning Board, review that the Town Board has nothing to do with doesn’t know why we need the details. COUNCILMAN BOOR-Noted they do have input right now this is the only time they will have input because it is a Planning Board decision noting they need to determine if they want to have input. SUPERVISOR STEC-Questioned if this resolution is in anyway unusual or abnormal to any other projects of this nature? EXECUTIVE DIRECTOR, MR. ROUND-No. We have an annual contract with C.T. Male. C.T. Male reviews every project in advance of the Planning Board or the Town Board seeing a project. COUNCILMAN BREWER-In his opinion this is protecting the Town because any person has a right to come in and apply for whatever they want noting they can’t deny them the right to apply for something noting in his own opinion they are protecting the Town by doing this. MR. SIPP-Spoke in favor of the proposed local law restricting hours of garbage pickup within the Town of Queensbury. JOANNE BRAMLEY, TWICWOOD LANE-Spoke to the board regarding the Great Escape. Referred to the Generic Environmental Impact Statement the map, which designates the primary study area, area A, and C, and B, noting it is not within the primary study area, read description of areas to board members. The original study did not include anything done to this section. Asked if they now want to develop this section is this what this additional Supplemental GEIS is for? EXECUTIVE DIRECTOR, MR. ROUND-Supervisor Stec described the location accurately it’s in the area of the Coach House Restaurant the previous proposal did propose facilities in that area did propose a Convention Center, Hotel. This proposal is a Convention Center and an indoor amusement this is why they have to supplement it. A Supplemental EIS is asked for by a Lead Agency when either the project characteristics change or the context changes or new information comes about that you didn’t provide a full analysis of. Thinks most of the EIS focused on the existing Amusement Center and focused largely on noise, traffic, and visual REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 207 impacts, and many other things. Doesn’t think the EIS focused on visual or noise impacts from the property that they are talking about because there wasn’t any noise generating activities proposed in that area that is one of things that the applicant needs to addressed. MS. BRAMLEY-Questioned what procedurally could happen that the application or part of the application would end up back in front of the Town Board? SUPERVISOR STEC-If they needed a zone change. EXECUTIVE DIRECTOR, MR. ROUND-Any discretionary action by this board like a zone change. MS. BRAMLEY-Questioned the concerns they originally had when this agreement was being negotiated about the visual impact of the hotel it sounds like the new structure for the amusement portion of it is going to be considerably larger than the hotel? EXECUTIVE DIRECTOR, MR. ROUND-The Planning Board has to approve this project. When a new amusement comes in they document whether it’s below noise thresholds, heights thresholds that were establish under the existing EIS. If they are and the Planning Board ratifies that then they go Site Plan Approval public comment component noting most everything that was proposed in the EIS still needs to go through Site Plan Review. Anything that’s outside that wasn’t contemplated in the EIS needs an environmental evaluation still needs to be performed. The Planning Board has the opportunity to revisit its EIS and this is what this process is it’s similar to that. MS. BRAMLEY-Asked if a copy of the study by Chazen would it be made available to the public by twentieth? EXECUTIVE DIRECTOR, MR ROUND-Doesn’t know that right now. An applicant typically generates an EIS or somebody proposing a project the first step in our review of this is the document complete does it have everything it should have in the document? Is it free of errors is it of enough substance that we can commence the review process noting they aren’t there yet. On the twentieth thinks it’s the applicants goal that we have a document that we reviewed internally then at that point the Planning Board would judge it complete. If the Planning Board determines it’s complete on the twentieth then it would be made available for public review the public comment process would be started it would be a minimum of thirty days. SUPERVISOR STEC-It’s his understanding without having reviewed it himself that the square foot footprint is smaller, but there is a height component. It wouldn’t be fair to the applicant to guess without having looked at it. COUNCILMAN STROUGH-Noted that is one of the reasons they are hiring Chazen. COUNCILMAN BREWER-Encourages the resolution for the Town’s protection. MS. BRAMLEY-Went on record as expressing her concern that the procedural sequence that was part of that agreement with Great Escape it is a very intrigual part of how things were accepted. We all spent a tremendous amount of time and effort on the agreement hopefully any deviation from this would not be acceptable to you as a board if there comes a time when that is something before you. REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 208 SUPERVISOR STEC-Thank you. COUNCILMAN BOOR-Asked Assessor Otte if a water slide is a property improvement? ASSESSOR, OTTE-Questioned if this would be in a building? SUPERVISOR STEC-Yes, interior. ASSESSOR, OTTE-The building would be accessible we put value on that. The ride itself would not be accessible we would not collect any taxes based on that value. DAVID STRAINER, 1124 RIDGE ROAD-Asked the board if they have done away with TV? SUPERVISOR STEC-No, expects them at the next Regular Meeting it is his intention to continue this. OPEN FORUM CLOSED 7:50 P.M. TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-Spoke in favor of televising the Town Board Meetings noting it is important that the taxpayers see what they do the kind of problems they have to deal with and how they deal with them. Spoke to the board regarding the outdoor furnaces noting this isn’t a small issue it is very important noting it is detrimental to people’s health and life style to have to live next to one of these especially one that is being operated illegally or inefficiently noting Supervisor Stec has been gracious in supporting this. Met with Chris Round and Town Counsel will be consulting with Moreau so that we are on the same page with other municipalities. Thinks it is important as a Town they look at consolidation of EMS and third party billing not eliminating volunteers couldn’t operate without them. This would be good for the taxpayers provide a better service in the long run it will be more efficient and require less management. COUNCILMAN TURNER-Received call from constituent noting he cannot respond to it noting he has to do some research on it. South Queensbury project is closed for winter noting there is some finish work left on the sidewalks will do this in the spring. Echoed Councilman Boor’s comments regarding the outdoor furnaces, questioned if they have any documentation on the furnace, how it is installed? TOWN COUNSEL, HAFNER-These are the things that need to be discussed for the local law noting there is a Workshop scheduled. COUNCILMAN STROUGH-Received a call from a constituent asking if there is a place to drop off leaves and tree limbs letting them go to compost noting you can do this at the Ridge Road Landfill site you can get the compost material at no cost as long as you are a Queensbury resident. Spoke to the board regarding Cable Television, Broad Ban options noting they need to start thinking about this. This could be beneficial to the Town, user, less expensive, it could provide them with more options; it could be good for business noting they have two years to do it now is the time to start. REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 209 COUNCILMAN BREWER-Asked if Councilman Boor noticed the heading on top of the resolutions? COUNCILMAN BOOR-Yes. SUPERVISOR STEC-Councilman Boor suggested that on top of the resolutions they indicate who was the sponsor of the given resolution noting the board thought this was a good idea it should speed up the process in answering questions. Spoke to the board regarding the three Rescue Squads and where they are going for 2004. We need to develop our contracts for the coming year with the three rescue squads noting they are working on compiling the budget numbers, trend data, history of the EMS budgets. Spoke to the board regarding intermunicipal cooperation noting it is not just between the Town and City of Glens Falls it is also the Town and School Districts noting they have a wonderful opportunity for this to happen to come to some cost saving measure for the taxpayers. The patient care and the taxpayer have to be put above all else this is something the Town will be looking at and discussing with the Emergency Squads. Asked board members to separately on their own think and write down their top five goals for the term then in a workshop bring them to share noting it might be an easy way to find a common ground in a painless and rapid manner. Spoke to the board regarding an organization called Communities that Care noting there is a Queensbury branch of this named Queensbury Can. Communities that Care is an organization of civic minded, school, faith base, government business, parents, students, to try to develop a sense of community among the youth to help avoid trouble with the law. COUNCILMAN STROUGH-One of the goals is to make the young people not feel so alienated by the process making young people as much a part of it as older people. If you can get rid of the alienation then students are more likely to make decisions with their adulthood in mind, decisions that are not destructed and won’t send them down the path to trouble. We need something to send a message out there that we are a community that cares. SUPERVISOR STEC-We would be the fourth community to get involved in this. Noted as they hear more will be including the board and staff noting Harry Hansen is very involved with this has been going to these meetings. RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF APPRAISAL CONSULTANTS TO CONDUCT THE 2005 TOWN-WIDE REVALUATION RESOLUTION NO.: 47, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Assessor requested proposals from qualified property revaluation consultants to provide reassessment services for the Town, and WHEREAS, the Town Assessor evaluated and ranked all received proposals and has made a recommendation to the Town Board, REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 210 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of the services of Appraisal Consultants to conduct the 2005 Town-wide revaluation at an estimated cost not to exceed $300,000 as delineated in Appraisal Consultant’s proposal th dated November 7, 2003, and BE IT FURTHER, RESOLVED, that payment for such services shall be paid for from the previously established Capital Project Fund #143, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary agreement with Appraisal Consultants which incorporates the requirements of the Town’s Request for Proposals, such Agreement to be in a form satisfactory to the Town Assessor and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Assessor to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Stec, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:Mr. Boor RESOLUTION AUTHORIZING FREE TIRE DISPOSAL DAY RESOLUTION NO.:48, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Solid Waste Facilities Operator has recommended th that the Town Board authorize the free disposal of tires for one day on Saturday, April 24, 2004, at the Town’s two Transfer Stations for Town of Queensbury and City of Glens Falls residents only, and WHEREAS, the Town Board wishes to authorize the free tire disposal day, REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 211 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a Free Tire Disposal Day to provide for the free disposal of up to four (4) tires per family for Town of Queensbury and City of th Glens Falls residents only, on Saturday, April 24, 2004 from 7:30 a.m. to 3:00 p.m. at the Town of Queensbury’s two Transfer Stations, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town’s Solid Waste Facilities Operator to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Spoke to the board regarding intermunicipal cooperation noting that the Recreation Department has been requesting that Glens Falls sell eleven acres to Queensbury that is appraised at approximately a thousand dollars a acre. It is of little value to Glens Falls because of its location, but is tremendous value to Queensbury because it abuts a current park. SUPERVISOR STEC-Agreed with Councilman Boor noting it is his intention to contact the City to have some periodic regular communication between the boards, also noted that the Transfer Stations are jointly owned. RESOLUTION AUTHORIZING FILING OF APPLICATION FOR STATE ASSISTANCE FROM HOUSEHOLD HAZARDOUS WASTE STATE ASSISTANCE PROGRAM AND SIGNING OF ASSOCIATED STATE CONTRACT UNDER APPROPRIATE LAWS OF NEW YORK STATE RESOLUTION NO.: 49, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, New York State provides financial aid for household hazardous waste programs, and WHEREAS, the Town of Queensbury (Municipality) has examined and duly considered the applicable laws of New York State and the Municipality deems it to be in the public interest and benefit to file an application under these laws, and REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 212 WHEREAS, it is necessary that a contract by and between the People of the State of New York (State) and the Municipality be executed for such State Aid, NOW, THEREFORE, BE IT RESOLVED, by the Queensbury Town Board that: 1. The filing of an application in the form required by New York State in conformity with applicable laws of New York State, including all understanding and assurances contained in such application is hereby authorized. 2. The Town Supervisor or his designee is authorized and directed as the official representative of the Municipality to act in connection with the application and provide such additional information as may be required and to sign the resulting contract if such application is approved by the State. 3. The Municipality agrees that it will fund the entire cost of such household hazardous waste program and will be reimbursed by the State for the State share of such costs. 4. The Municipality’s Community Development Department and/or Solid Waste Facilities Department shall send five (5) certified copies of this Resolution to the New York State Department of Environmental Conservation together with a complete application. 5. This Resolution shall take effect immediately. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION AMENDING RESOLUTION NO.: 504.2003 REGARDING FENCE LOCATED ON TOWN PROPERTY ON BIG BAY ROAD RESOLUTION NO.: 50, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 504.2003 the Queensbury Town Board approved of the installation of a fence on Town property located on Big Bay Road for an amount not to exceed 01-5010-2899 $5,490 from Account No.: , and REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 213 WHEREAS, the Town’s Budget Officer has advised that Account No. was incorrect in such Resolution, and WHEREAS, the Town Board wishes to therefore amend Resolution No. 504.2003 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 504.2003 04-5110-2899 such that the Account No. listed in such Resolution shall be , and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 504.2003 in all other respects. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION AWARDING BID FOR 2004 COMBINATION DUMP BODY WITH SNOWPLOW AND HYDRAULICS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 51, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town’s 2003 Acting Purchasing Agent duly advertised for bids for the purchase of a 2004 Combination Dump Body with Snowplow and Hydraulics as specified in bid specifications previously prepared by the Highway Superintendent and/or 2003 Acting Purchasing Agent, and WHEREAS, Arrowhead Equipment, Inc., submitted the only and therefore lowest responsible bid for the Combination Dump Body with Snowplow and Hydraulics in the amount of $56,911 and the Highway Superintendent has recommended that the Town Board award the bid to Arrowhead Equipment, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for a 2004 Combination Dump Body with Snowplow and Hydraulics to Arrowhead REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 214 Equipment, Inc., for an amount not to exceed $56,911 to be paid for from Highway Heavy Equipment Account No.: 04-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of January, 2004 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF ONE (1) INTERNATIONAL 7600 SFA 6X4 TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 52, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he wishes to purchase one (1) International 7600 SFA 6x4 Truck for use by the Town Highway Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC59771, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent’s purchase of one (1) International 7600 SFA 6x4 Truck from International Truck & Engine Corporation in accordance with New York State Contract #PC59771 for an amount not to exceed $88,255 to be paid for from funds budgeted in the current year from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 215 RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Town 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 12 day of January, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR CHEVROLET IMPALA FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO.: 53, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Water Superintendent has advised the Town Board that he wishes to purchase a 2004 Chevrolet Impala for use by the Town Water Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted for in the 2004 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Water Superintendent’s purchase of a 2004 Chevrolet Impala from Motors Fleet in accordance with New York State Contract for an amount not to exceed $14,619 to be paid for from funds budgeted in 2004, from Account No.: 40-8340-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent, Budget Officer, Purchasing Agent 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 12 day of January, 2004, by the following vote: REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 216 AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROCURE PHASE II CULTURAL RESOURCES (ARCHEOLOGICAL) SITE EVALUATION RELATED TO WATER TRANSMISSION ENHANCEMENTS RESOLUTION NO.: 54, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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, by Resolution No.: 437,2003, the Queensbury Town Board authorized engagement of Barton for the provision of engineering services related to completion of a Phase IB Cultural Resources Investigation (archaeological investigation) and easement acquisitions related to this project, and WHEREAS, Barton has advised that as a result of findings from the Phase IB Cultural Resources Investigation, a Phase II Investigation is necessary and Barton has offered to provide these additional services by again engaging subconsultant Hartgen Archeological Associates, Inc. as th delineated in Barton’s December 30, 2003 proposal presented at this meeting for an amount not to exceed $11,500, NOW, THEREFORE, BE IT 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 II Cultural Resources Investigation (archaeological investigation) related to transmission enhancements to the Town of Queensbury’s water system, in accordance with Barton’s December th 30, 2003 proposal presented at this meeting for an amount not to exceed $11,500, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment for these services shall be paid for from Account No.: 40-8310-4710, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 217 RESOLVED, that the Town Board further authorizes that payment for the engineering services should be made from 2004 appropriations for this purpose, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent, Budget Officer 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. th Duly adopted this 12 day of January, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Spoke to the board noting that Water Superintendent Ralph Van Dusen recommended doing a directional boring, which would avoid any Lupine and if you go deep enough with directional boring you are out of the zone where the artifacts are noting his concern that this is a poor use of taxpayer money, need to address this. COUNCILMAN STROUGH-Recommended that the Town Historian receive a copy of the studies findings. WATER SUPERINTENDENT, MR. VAN DUSEN-To forward a copy onto the Town Historian. RESOLUTION AUTHORIZING ENGAGEMENT OF CHAZEN ENGINEERING & LAND SURVEYING CO., P.C. TO PROVIDE TECHNICAL REVIEW SERVICES ASSOCIATED WITH THE TOWN PLANNING BOARD’S REVIEW OF GREAT ESCAPE EXPANSION PLAN RESOLUTION NO.: 55, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Executive Director has recommended that the Queensbury Town Board authorize engagement of Chazen Engineering & Land Surveying Co, P.C. (Chazen) for technical review services associated with the Town Planning Board’s review of the Great Escape’s expansion th plan as delineated in Chazen’s December 17, 2003 Proposal and Agreement presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 218 RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Chazen Engineering & Land Surveying Co, P.C. (Chazen) for technical review services associated with the Town Planning Board’s review of the Great Escape’s expansion plan as th delineated in Chazen’s Proposal dated December 17, 2003 and Agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that Chazen shall bill the Town on a time and materials basis in accordance with Chazen’s standard rate schedule attached to its Proposal presented at this meeting, with payment for these services to be from the Reimbursable Engineering Services Account, with the cost of the review to be billed to the applicant consistent with Town Policy, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor to execute the Agreement with Chazen, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Budget Officer and/or Town Supervisor to execute any further documentation and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT AT INTERSECTION OF LAUREL LANE AND LUZERNE ROAD RESOLUTION NO.: 56, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to arrange for the placement of a street light on Niagara Mohawk’s eastern-most pole at the intersection of Laurel Lane and Luzerne Road (entrance to Clendon Ridge Development) in the Town of Queensbury, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 219 RESOLVED, that the Queensbury Town Board hereby approves installation of a 70-watt high pressure sodium cobra-head lamp on Niagara Mohawk’s eastern-most pole at the intersection of Laurel Lane and Luzerne Road (entrance to Clendon Ridge Development) in the Town of Queensbury,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment for the annual charges for such light shall be paid for from the appropriate General Fund Accountas such light is not located within a Street Lighting District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to make all necessary installation arrangements with Niagara Mohawk and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None RESOLUTION APPOINTING STEVEN SMITH AS FIRE MARSHAL ON PERMANENT BASIS RESOLUTION NO. 57, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 186,2002 the Queensbury Town Board appointed Steven Smith to the full-time position of Fire Marshal on a provisional basis until such time as Mr. Smith passed the Civil Service exam for the position or the exam requirement was waived by Warren County and/or New York State Department(s) of Civil Service, and WHEREAS, the Executive Director of Community Development has advised the Town Board that Mr. Smith successfully completed the Warren County Civil Service exam and therefore has recommended that the Town Board appoint Mr. Smith on a permanent basis subject to an eight (8) week probation period in accordance with Resolution No.: 186,2002, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 220 RESOLVED, that the Queensbury Town Board hereby appoints Steven Smith to the position of Fire Marshal on a permanent basis subject to an eight (8) week probation period for the permanent position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer’s Office to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of January, 2004 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION ESTABLISHING GRADE OF FULL-TIME BUDGET OFFICER POSITION IN THE TOWN OF QUEENSBURY’S NON-UNION POSITION/GRADE SCHEDULE AND SETTING SALARY FOR POSITION RESOLUTION NO. :58, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, by Town Board Resolution No.: 548,2003 the Queensbury Town Board established the position of Full Time Budget Officer and appointed Jennifer Switzer to such position, and WHEREAS, the Town Board wishes to establish a grade for the position in the Town’s Non-Union Position/Grade Schedule and set the salary for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the position of Full-Time Budget Officer as a Grade 8M position in the Town’s Non-Union Position/Grade Schedule, and BE IT FURTHER, RESOLVED, that the Town Board sets the salary for Jennifer Switzer, Full Time Budget st Officer, at $45,049 per annum effective January 1, 2004, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 221 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer’s Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY DOUG AND TERESA MILLER FROM LI (LIGHT INDUSTRIAL) TO RC-15 (RECREATION COMMERCIAL – 15,000 SQUARE FEET) RESOLUTION NO.: 59, 2004 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by Doug and Teresa Miller to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 309.5-1-3 located on the south side of Sherman Avenue, immediately west of the Northway in the Town of Queensbury from LI (Light Industrial) to RC-15 (Recreation Commercial – 15,000 Square Feet), and th WHEREAS, on or about June 16, 2003, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and rd WHEREAS, on or about December 23, 2003, the Queensbury Planning Board considered the proposed rezoning, adopted a SEQRA Negative Declaration and made a positive recommendation to the Town Board to approve the rezoning application, and th WHEREAS, on or about November 12, 2003, the Warren County Planning Board considered the proposed rezoning application and recommended approval, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th January 26, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 222 hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by Doug and Teresa Miller bearing Tax Map No.: 309.5-1-3 and located on the south side of Sherman Avenue, immediately west of the Northway in the Town of Queensbury would be rezoned from LI (Light Industrial) to RC-15 (Recreation Commercial – 15,000 Square Feet), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 60, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 223 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 2003 Town Budget as follows: BUILDING & GROUNDS FROM: TO: $ AMOUNT: 001-1620-4400 001-1620-2001 450. (Misc. Contractual) (Misc. Equipment) HIGHWAY FROM: TO: $ AMOUNT: 04-5110-4400 04-5142-4641 7,000. (Misc. Contractual) (Snow & Ice Melting) HIGHWAY FROM: TO: $ AMOUNT: 04-5140-4001 04-5142-4641 1,460. (Consumer Supplies) (Snow & Ice Melting) 04-9010-8010 04-5142-4641 19,000. (Retirement) (Snow & Ice Melting) WASTEWATER FROM: TO: $ AMOUNT: 032-8120-4400 032-1990-1002 27. (Misc. Contractual) (Misc. Payroll) 034-8120-4800 034-8110-4130 245.50 (Equip. Rep. S&S) (Town Counsel Fees) 032-8120-2001 032-9040-8041 269.75 (Misc. Equipment) (Safety Group Admin.) 034-8120-2001 034-8130-4425 300. (Misc. Equipment) (Sewage Treatment Disp.) 034-8120-4520 034-8130-4425 500. (Odor Control) (Sewage T&D) 034-8120-4800 034-8130-4425 1,200. (Equipment Repair) (Sewage T&D) 032-8130-2800 032-8130-4425 27,486. (Sewer Capacity Purchase) (Sewage Treatment) WATER FROM: TO: $ AMOUNT: 040-1680-4100 040-8310-4100 2,273. (Telephone) (Telephone) REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 224 040-1680-4100 040-8340-4110 159. (Telephone) (Vehicle Repair) WATER FROM: TO: $ AMOUNT: 040-1680-4100 040-8340-4110 798. (Telephone) (Vehicle Repair) th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION APPROVING MAP SHOWING LANDS TO BE ANNEXED TO THE CITY OF GLENS FALLS – VETERANS FIELD INDUSTRIAL PARK (NORTHWAY BUSINESS PARK) PULLED – Not all board members have had the opportunity to see the map to th be presented at January 26, Town Board Meeting. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2004 TO RESTRICT HOURS OF GARBAGE PICK-UP WITHIN THE TOWN OF QUEENSBURY RESOLUTION NO. 61, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2004 entitled, "A Local Law to Restrict Hours of Garbage Pick Up Within the Town of Queensbury” which Local Law will restrict the hours of garbage pick-up in the Town of Queensbury to control excessive, unnecessary, unreasonable or unusually loud noise generated by refuse compacting vehicles and activities, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on January 26, 2004 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2004, and REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 225 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2004 in the manner provided by law. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Recommended changing the law to read $250.00 per vehicle. TOWN COUNSEL, HAFNER-Changed it to read per vehicle… SUPERVISOR STEC-Per collection vehicle. TOWN COUNSEL, HAFNER-Recommended keeping the law straight forward as possible until the board figures out whether they will comply noting Glens Falls has had good luck with this. RESOLUTION AUTHORIZING HIRING OF BRIAN WILSON AS MECHANIC AT TOWN WATER DEPARTMENT RESOLUTION NO. 62, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury’s Water Superintendent wishes to replace a Mechanic who recently resigned from the Town Water Department, and WHEREAS, the Water Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to make an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Brian Wilson to the full- time position of Mechanic in the Town’s Water Department, and BE IT FURTHER, th RESOLVED, that such appointment shall be effective January 13, 2004 and shall be subject to successful completion of an six month probation period, a pre-employment physical as required by Town Policy and any applicable Civil Service requirements, and REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 226 BE IT FURTHER, RESOLVED, that Mr. Wilson shall be paid the hourly rate for the position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent 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 12 day of January, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING COOL INSURING AGENCY, INC. TO PURCHASE TOWN INSURANCE COVERAGES RESOLUTION NO.: 63, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Cool Insuring Agency, Inc. (Cool) is the Town of Queensbury’s general insurance agent, and WHEREAS, Cool solicited proposals from insurance companies for the Town’s insurance coverage for 2004, and WHEREAS, Cool has submitted the proposals to the Town Budget Officer and has recommended that the Town authorize Argonant Companies (rated A-, A and A+ by AM Best) and Travelers Property Casualty Group (rated A++) to write the Town policies and Diamond State (rated A+) to write the Town’s Public Officials Liability policy, and WHEREAS, the Town Budget Officer concurs with Cool’s recommendations and proposes that the Town Board authorize Cool to purchase the insurance coverages as set forth in the Premium stth Comparison effective January 1, 2004 attached to the Budget Officer’s January 8, 2004 Memorandum attached to this Resolution, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 227 RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies Cool Insuring st Agency, Inc.’s purchase of Town of Queensbury’s insurance coverages effective January 1, 2004 th as delineated above and in the Town Budget Officer’s January 8, 2004 Memorandum and Cool’s Premium Comparison attached to this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any documentation and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of January, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None ATTORNEY MATTERS NONE DISCUSSION HELD EXECUTIVE DIRECTOR, MR. ROUND-Has had discussions with Councilman Boor regarding Department of Health to provide you with a workshop regarding septic systems, on site variances, and areas of concerns noting they need to set a date far enough in advance and provide them with a scope of work. COUNCILMAN BOOR-Questioned if the Workshop should be held after Association of Towns? EXECUTIVE DIRECTOR, MR. ROUND-Yes, noted he is looking for the first meeting in March for this to be on the agenda. Spoke to the board regarding appointing Planning Board Alternates noting they are going to have several meetings coming up; board to discuss this in next workshop. SUPERVISOR STEC-Noted the board would hold Workshop on Monday, January th 19, at seven. EXECUTIVE DIRECTOR, MR. ROUND- Spoke to the board regarding the Main Street Connector, noting they have a scope of work this is a significant dollar st amount due to the receipt of State and Federal funds. January 21, the Federal Government is looking at signing the Federal Appropriations Bill at that point it will be a confirmation of receiving funds from the government will need to meet with the board after this date to discuss this project. COUNCILMAN BOOR-Questioned the status of Route 9, 254? EXECUTIVE DIRECTOR, MR. ROUND-Nothing to report, it is basically the engineer preparing a design report incorporating the public comments received back in September. There is an environmental review they have to go through and it is a lot of compilation of information will try to report back to the board this week. REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 228 RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 64, 2004 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 its Regular Session and enters into Executive Session to discuss contract negotiations, and personnel issues. th Duly adopted this 12 day of January, 2004 by the following vote: Ayes: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 65, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session with no action taken and moves back into Regular Session. th Duly adopted this 12 day of January, 2004 by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Noes: None Absent:None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 66, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 12 day of January, 2004, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough REGULAR TOWN BOARD MEETING 01-12-2004 MTG#2 229 Noes: None Absent:None No further action taken. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury