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2000-01-01 ORG 2000 ORGANIZATIONAL MEETING JANUARY 1, 2000 10:00 A.M. MTG. #1 RES. 1-25 TOWN BOARD MEMBERS SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DENNIS BROWER 1.0 SWEARING IN CEREMONY BY THE HONORABLE SUPREME COURT JUSTICE JOHN AUSTIN The following persons were sworn into Office: TOWN SUPERVISOR DENNIS BROWER WARD 1 COUNCILMAN JAMES MARTIN WARD 2 COUNCILMAN THEODORE TURNER WARD 3 COUNCILMAN DANIEL STEC WARD 4 COUNCILMAN TIM BREWER TOWN HIGHWAY SUPERINTENDENT RICHARD MISSIT A TOWN JUSTICE WILLIAM BACAS TOWN CLERK DARLEEN M. DOUGHER SUPERVISOR DENNIS BROWER-Before I begin my prepared remarks I would like to say a special word of thanks to Russell Harris, John Webster, Steve Borgos and Michael Brandt who spent several hours with me sharing with me their experiences as Town Supervisors from before. It is gratifying that they would take the time and offer any assistance that they can to help me in performing my duties as Town Supervisor. Attached to the agenda this morning, that we will be following, is a list of Town Supervisors that have served the Town of Queensbury from 1766 to the present. You should be aware of the fact that the Town was actually formed in 1762 and in 1763 they really started settling in the area. They did not have an elected Town Supervisor until 1766 and that information was generously provided to me by Marilyn VanDyke our Town Historian. So, I do want to thank you. The Honorable Judge Austin, my family and friends, Town Council Members, County Supervisors, former Town Board Members, past Town Supervisors, Town Judges, Town Historian, Department Heads, and Town Employees, let me express by sincere appreciation and thanks to each of you for taking the time today to join us on this exciting occasion of bring in a new Town Board and other elected officials. First, I would like to tell you that without a doubt today is one of the most exciting days in my life. I, Dennis Brower new Town Supervisor for the Town of Queensbury see exciting possibilities for our Town and will take pride in bring in the new millennium with accomplishments and goals to be set for our town. I take great pride in our community and our churches our schools our youth and most of all our constituents and want to continue to create a positive respectfully trusting and open government. I hope that through team work, shared decision making and hard work positive changes will happen in Queensbury. I propose to keep my focus on the needs of the Town and its constituents we are fortunate to have many talented managers and town employees and with their knowledge and expertise to help guide this new Town Board, town government will continue to provide quality services to its residents. I personally look forward to working with the various departments to help ensure result oriented service. The new Town Board would like to focus on the future of our Town using strategic planning to give fair and reasonable direction to Queensbury's residents and businesses. Over the years I feel that all levels of government have built an environment that has made it difficult for business to survive or to have the desire to locate in New York State. In order to attract high tech industries to our area this Town Board must work together to accomplish growth that will positively effect the future of our community. Putting faith in this towns new leadership, five people who want to move toward decisions with a positive influence is the first step that we are all taking. I have no doubt that this leadership has the dedication, knowledge, experience and ability to move Queensbury in the direction of clear direct resolutions. I look forward to serving you and would like to thank you for taking these few minutes to listen to me, God Bless You and please have a safe and happy New Year. Thank you. 2.0 RESOLUTIONS RESOLUTION SETTING 2000 TOWN BOARD MEETING SCHEDULE RESOLUTION NO.: 1,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town Board of the Town of Queensbury wishes to establish its 2000 meeting schedule, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law ~62, the Town Board of the Town of Queensbury hereby establishes its 2000 meeting schedule as follows: 1. The Town Board shall hold its regular meetings on the 1st and 3rd Mondays of each month at 7:00 o'clock p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, with the exception being that in the months of January and February, the regular meetings shall be held on January 10th and 24th and February 14th and 28th. At regular meetings, public hearings will be held, Resolutions and motions will be proposed and/or adopted, miscellaneous matters will be discussed and the general public will be provided with an open forum session. 2. The Town Board shall schedule other special meetings for any purpose established by Town Board Resolution and/or in accordance with the New York State Town Law. The Town shall notify the media of the special meeting accordingly as required by the New York State Open Meetings Law. 3. If the Town Board decides to alter its meeting schedule, it will do so by Town Board Resolution and will notify the public and media by appropriate public notice. Duly adopted this 1st day of January, 2000, by the following vote: AYES : Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO FILE ANNUAL FINANCIAL REPORT IN TOWN CLERK'S OFFICE RESOLUTION NO.: 2, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, New York State General Municipal Law ~30 requires the Town Supervisor to file the Town's Annual Financial Report in the Town Clerk's Office on or before April 30, 2000 in lieu of filing a separate financial report with the Town Clerk by February 28th, 2000 as required by New York State Town Law ~29, NOW, THEREFORE, BE IT RESOLVED, in accordance with ~30 of the New York State General Municipal Law, the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to file a copy of the Annual Financial Report to the State Comptroller with the Town Clerk's Office on or before April 30, 2000. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO.: 3,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, ~64, Subdivision 11 of the New York State Town Law requires the Town Board to designate an official newspaper for the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby designates the Post Star as the Town of Queensbury's official newspaper. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Stec. Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION DESIGNATING OFFICIAL BANKS RESOLUTION NO.: 4,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, ~64, Subdivision 1 of the New York State Town Law requires the Town Board to annually designate its depositories for Town funds, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby designates the following depositories for Town of Queensbury funds for the 2000 fiscal year, Chase Manhattan Bank Evergreen Bank Glens Falls National Bank and Trust Company Key Bank of New York Fleet Bank Trustco Bank and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller to contract with Evergreen Bank as primary depository and determine the accounts and amounts to be deposited in each bank. AYES NOES ABSENT: Duly adopted this 1st of January, 2000 by the following vote: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower None None RESOLUTION ESTABLISHING MILEAGE ALLOWANCE RESOLUTION NO.: 5,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, New York State Town Law ~ 116 requires the Town Board to establish a mileage allowance for the use of Town employees' personal automobiles in the performance of employees' duties when a Town Fleet Management vehicle is unavailable, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law ~1l6, the Town Board of the Town of Queensbury hereby establishes the amount of 31 ( per mile to be allowed for the actual and necessary use of Town employees' personal automobiles in the performance of employees' duties. AYES NOES ABSENT: Duly adopted this 1st day of January, 2000, by the following vote: Mr. Stec. Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower None None RESOLUTION TO AUTHORIZE PURCHASE OF POSTAGE FOR WATER AND HIGHWAY DEPARTMENTS RESOLUTION NO.: 6,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, at times it is necessary for the Town of Queensbury Water and Highway Departments to purchase their own postage for small mailings rather than using the postage machine at the Town Office Building, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town's Water and Highway Departments to purchase stamps and replenish their supplies as needed. AYES NOES ABSENT: Duly adopted this 1st day of January, 2000, by the following vote: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower None None RESOLUTION AUTHORIZING MUNICIPAL OFFICIALS TO ATTEND 2000 ANNUAL ASSOCIATION OF TOWNS CONFERENCE RESOLUTION NO.: 7,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board of the Town of Queensbury wishes to authorizes certain municipal officials to attend the annual New York State Association of Towns Conference to be held in New York City from February 21st through February 23rd, 2000, NOW, THEREFORE, BE IT RESOLVED, in accordance with ~1l6, Subdivision 10 of the New York State Town Law and subject to availability of budgetary appropriations, the Town Board of the Town of Queensbury hereby authorizes the following Town Officers and employees to attend the annual Association of Towns Conference to be held in New York City from February 21st through February 23rd, 1999: Town Supervisor Town Board Members Director of Community Development Town Historian Town Assessor Town Justices Town Clerk Town Comptroller Purchasing Manager and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to cast the vote of the Town of Queensbury at the Association General Meeting and in his absence, authorizes and directs the Deputy Supervisor to cast the Town's vote, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the Association of Towns Conference shall be deemed proper Town charges. AYES NOES ABSENT: Duly adopted this 1st day of January, 2000, by the following vote: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower None None RESOLUTION TO APPOINT REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER RESOLUTION NO.: 8,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with New York State Public Health Law ~4121(3)(a), the Town Board of the Town of Queensbury wishes to re-appoint Darleen Dougher as Registrar of Vital Statistics and Records Access Officer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Darleen Dougher as Registrar of Vital Statistics and Records Access Officer to serve at the pleasure of the Board, and BE IT FURTHER RESOLVED, that immediately upon Ms. Dougher's acceptance of appointment, she shall appoint a Deputy to act in her place and stead in case of absence or inability and the Deputy shall accept this appointment in writing. AYES NOES ABSENT: Duly adopted this 1st day of January, 2000, by the following vote: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower None None RESOLUTION APPOINTING RECEIVER OF TAXES AND ASSESSMENTS RESOLUTION NO.: 9,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board of the Town of Queensbury wishes to re-appoint Darleen Dougher as Tax Receiver for the years 2000 and 2001, NOW, THEREFORE, BE IT RESOLVED, in accordance with ~20, Subdivision 6(E) of the New York State Town Law and Resolution No.: 97 of 1967, the Town Board of the Town of Queensbury hereby appoints Darleen Dougher as its Receiver of Taxes and Assessments, such appointment to expire December 31, 2001. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION REAPPOINTING TOWN COMPTROLLER RESOLUTION NO. 10, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to re-appoint Henry Hess as Town Comptroller for the years 2000 and 2001, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with the authority provided by Town Law ~20, hereby re-appoints Mr. Henry Hess to the position of Town Comptroller with his term to expire December 31, 2001. AYES NOES ABSENT: Duly adopted this 1st day of January, 2000 by the following vote: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower None None RESOLUTION TO APPOINT TOWN HISTORIAN RESOLUTION NO.: 11,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board of the Town of Queensbury wishes to re-appoint Marilyn VanDyke, Ed.D. as its Town Historian for the year 2000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Marilyn VanDyke, Ed.D. as Town Historian for the Town of Queensbury for the year 2000. AYES NOES ABSENT: Duly adopted this 1st day of January, 2000, by the following vote: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower None None RESOLUTION APPOINTING REBECCA BERNARD AS CONFIDENTIAL SECRETARY TO THE TOWN HIGHWAY SUPERINTENDENT RESOLUTION NO.: 12,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Town Highway Superintendent Richard Missita has recommended that Rebecca Bernard be re-appointed as Confidential Secretary to the Highway Superintendent for the year 2000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Rebecca Bernard as Confidential Secretary to the Town Highway Superintendent for the year 2000. AYES NOES ABSENT: Duly adopted this 1st day of January, 2000, by the following vote: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower None None RESOLUTION APPOINTING JUSTICE CLERKS AND DEPUTY COURT CLERK RESOLUTION NO.: 13,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with ~20, Subdivision leA) of the New York State Town Law and ~109 of the New York State Uniform Justice Court Act, the Town Board has the authority to appoint Town Justice Court Clerks and Deputy Court Clerks, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Karen Stockwell and Carol Finamore as Town Justice Court Clerks and Kerrie Lewis-Hatin as Deputy Court Clerk, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Justice Court to notify the New York State Administrative Board of the Judicial Conference of these appointments. AYES NOES ABSENT: Duly adopted this 1st day of January, 2000, by the following vote: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower None None I RESOLUTION APPOINTING MEMBERS TO CITIZENS ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES RESOLUTION NO.: 14,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established a Citizens Advisory Committee on Environmental Issues and vacancies exist on this Committee, and WHEREAS, the Town Board wishes to appoint members to fill the vacancies on the Environmental Committee, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints the following members to the Town's Citizens Advisory Committee on Environmental Issues: 1. Marion Cole; 2. Bob Huntz; 3. Deborah Roberts; 4. George Stec; and 5. Linda White. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT None RESOLUTION REAPPOINTING MEMBERS TO TOWN OF QUEENSBURY HISTORIAN'S ADVISORY BOARD RESOLUTION NO. 15, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously established the Town of Queensbury Historian's Advisory Board in accordance with the Code of the Town of Queensbury, and WHEREAS, the one-year terms for the Advisory Board members recently expired and the Town Board wishes to reappoint those members interested in reappointment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints John Austin, Janet Mayott, Maureen Monahan-Chase and Joyce Ritter to the Town of Queensbury Historian's Advisory Board until their terms expire on December 31st, 2000. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING PLANNING BOARD OFFICERS RESOLUTION NO.: 16,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town Board of the Town of Queensbury wishes to appoint Craig MacEwan as Chairman, Larry Ringer as Vice Chairman and Cathy LaBombard as Secretary of the Town's Planning Board for 2000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Craig MacEwan as Chairman, Larry Ringer as Vice Chairman and Cathy LaBombard as Secretary of the Town's Planning Board for 2000. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING ANTHONY METIVIER TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 17, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Planning Board and the Town Board wishes to appoint a replacement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Anthony Metivier to serve as a member of the Queensbury Planning Board until the term expires on December 31, 2001. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING ALLAN BRYANT AND NORMAN HIMES TO ZONING BOARD OF APPEALS RESOLUTION NO. 18, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, two vacancies exist on the Zoning Board and the Town Board wishes to appoint replacements, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Allan Bryant and Norman Himes to serve as members of the Queensbury Zoning Board of Appeals, such terms to expire on December 31st, 2006 and March 2nd, 2005 respectively. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2000 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179, ARTICLE I ENTITLED, "ZONING" RESOLUTION NO. 19,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board of the Town of Queensbury wishes to consider adoption of Local Law No.: _ of 2000 to amend Queensbury Town Code Chapter 179, Article I entitled, "Zoning," which Local Law shall create alternate member positions for the Planning Board and Zoning Board of Appeals so that an alternate member may substitute for a regular member in the event of a conflict of interest or other factor such as illness, vacation or other absences, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and is specifically intended to supersede the provisions of Town Law (267(11) and (271(15) that restrict substitution of alternate members of Zoning Boards of Appeal and Planning Boards to instances of conflict of interest, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on January 24th, 2000, to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ,2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 2000 in the manner provided by law. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None LOCAL.LA WS & ORDINANCES\Set Public Hearing Resolutions\Planning&Zoning Alternate Members - 12/29/99 LOCAL LAW NO.: OF 2000 A LOCAL LAW TO AMEND CHAPTER 179, ARTICLE I OF QUEENSBURY TOWN CODE ENTITLED "ZONING" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 179-3 of Chapter 179, Article I of the Code of the Town of Queensbury entitled "Zoning," is hereby amended as follows: ( 179-3. Zoning Board of Appeals. A Pursuant to (267 of the Town Law, the Town of Queensbury has created a Zoning Board of Appeals consisting of seven (7) members appointed by the Town Board in such manner and for such term as provided in the Town law. The Zoning Board of Appeals shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this chapter. B. The Town Board shall appoint two C 2 _) alternate members of the Zoning Board of Appeals to substitute for any regular member in the event of a conflict of interest or other factor such as illness, vacation or other absences. The alternate member(s) shall be appointed by Resolution of the Town Board for a term of seven C 7 _) years. The chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a regular member when such regular member is unable to participate in an application or matter before the Zoning Board of Appeals. When so designated, the alternate member shall possess all of the powers and responsibilities of such regular member. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. All provisions relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Boards shall also apply to alternate members. SECTION 2. Section 179-4 of Chapter 179, Article I of the Code of the Town of Queensbury entitled "Zoning," is hereby amended as follows: ( 179-4. Planning Board. A Pursuant to (271 of Town Law, the Town of Queensbury has created a Planning Board. Said Board consists of seven (7) members appointed by the Town Board in such manner and for such terms as provided in the Town Law. The Planning Board shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Planning Board shall have original jurisdiction for all matters pertaining to this chapter pursuant to (274-a of the Town Law (site plan review). B. The Town Board shall appoint Two C2_) alternate members of the Planning Board to substitute for any regular member in the event of a conflict of interest or other factor such as illness, vacation or other absences. The alternate member(s) shall be appointed by Resolution of the Town Board for a term of seven C 7 _) years. The chairperson of the Planning Board may designate an alternate member to substitute for a regular member when such regular member is unable to participate in an application or matter before the Board. When so designated, the alternate member shall possess all of the powers and responsibilities of such regular member. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made. All provisions relating to Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Boards shall also apply to alternate members. SECTION 3. This Local Law is adopted in accordance with Municipal Home Rule Law (10 and is specifically intended to supersede the provisions of Town Law (267(11) and (271(15) that restrict substitution of alternate members of Zoning Boards of Appeal and Planning Boards to instances of conflict of interest. SECTION 4. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 5. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 6. This Local Law shall take effect upon publication as required by New York State Town Law (265 and filing in the Office of the New York Secretary of State. RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 20,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to authorize a fund transfer for the 2000 Budget and the Chief Fiscal Officer has approved the request, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that funds be transferred and the 2000 Town Budget be amended as follows: HIGHWAY: FROM: TO: $ AMOUNT: 01-1990-1002 (Contingency) 001-5010-1300 (Deputy Superintendent of Highways) 41,618. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS RESOLUTION NO.: 21,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board of the Town of Queensbury wishes to engage the services of PENFLEX, INC., Service Award Program Specialists, to provide the 1999 Standard YearEnd Administration Services for the Town of Queensbury's Volunteer Firefighter Service Award Program as outlined in PENFLEX's letter and Service Fee Agreement dated December 21, 1999 and presented at this meeting, and WHEREAS, PENFLEX will provide these services for the estimated cost of $7,500, and WHEREAS, PENFLEX's agreement is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the engagement of PENFLEX, INC., to provide the 1999 Standard Year End Administration Services for the Town's Volunteer Firefighter Service Award Program at the estimated cost of $7,500 to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. presented at this meeting and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING TO CONSIDER FINANCING FOR BAY RIDGE VOLUNTEER FIRE COMPANY, INC. 'S CONSTRUCTION OF NEW FIREHOUSE RESOLUTION NO.: 22,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc. (Fire Company) previously contracted for fire protection services and are presently negotiating for a new 2000 Agreement for fire protection services, and WHEREAS, the proposed Agreement for fire protection services sets forth a number of terms and conditions, including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has presented to the Town Board a proposal to construct a new firehouse on the east side of Bay Road between the intersections of Old Bay Road and Old Bay Road for a principal amount not to exceed $1,750,000 and proposes to finance the construction project through tax- exempt financing provided under (147(f) of the Internal Revenue Code of 1986, as amended, and WHEREAS, the Fire Company has negotiated with Evergreen Bank to enter into a financing agreement for the amount of $1,750,000 for 20 years at a market rate expected to be approximately 5.5% and this financing arrangement is intended to qualify as tax-exempt under (147(f) of the Internal Revenue Code of 1986 as amended, and WHEREAS, in accordance with ~ 14 7(f) of the Internal Revenue Code of 1986, as amended, the Fire Company has requested that the Town Board conduct a public hearing to authorize approval of the financing and the Town Supervisor to execute approval of the financing to comply with the statutory requirements, and WHEREAS, the Town Board has determined that it is in the best interest of the Fire Company and Town residents as required by the Internal Revenue Code to conduct a public hearing concerning the proposed construction project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall conduct a public hearing on January 24th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider approval of the financing of Bay Ridge Fire Company, Inc. 's, proposed construction of a new firehouse on the east side of Bay Road between the intersections of Old Bay Road and Old Bay Road for a principal amount not to exceed $1,750,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish a Notice of Hearing in The Post-Star as required by statute at least fourteen (14) days before the hearing, and BE IT FURTHER, RESOLVED, that the notice shall be in substantially the following form: "NOTICE IS HEREBY GIVEN that the Queensbury Town Board shall conduct a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York on January 24th, 2000 at 7:00 p.rn. The public hearing, as required by (147(f) of the Internal Revenue Code, shall be for the purpose of considering the adoption of a Resolution approving a financing agreement between the Bay Ridge Volunteer Fire Company, Inc., and Evergreen Bank in a principal amount not to exceed $1,750,000, the purpose of which loan is to finance construction of a new firehouse for the housing and administration of the equipment and activities of the Bay Ridge Volunteer Fire Company, Inc., as related to its obligation under its fire protection service agreement with the Town of Queensbury. The facility shall be owned, operated, and managed by the Bay Ridge Volunteer Fire Company, Inc., and the location of the facility shall be on the east side of Bay Road between the intersections of Old Bay Road and Old Bay Road. " and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury will, after the public hearing, consider adoption of a Resolution approving the Fire Company's incUITance of financial obligations for the construction of the firehouse, with the understanding that the Town of Queensbury shall not, by the adoption of any Resolution, create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for said financing, other than that which may exist by virtue of the Agreement entered into between the Town of Queensbury and the Fire Company for fire protection servIces. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF AGREEMENTS WITH FIRE COMPANIES RESOLUTION NO.: 23,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and the West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) pursuant to agreements between each Fire Company and the Town, and WHEREAS, the Town's agreements with the Fire Companies have stated expiration dates of December 31,1999, and WHEREAS, the Town and Fire Companies are engaged in discussion and negotiations regarding new agreements, but agreement and contract signings will likely not occur until after January 1st, 2000, and WHEREAS, the Town and Fire Companies wish to continue to provide fire protection services for the interim period from January 1st, 2000 until execution of the new agreements, and WHEREAS, the Town and Fire Companies agree that the terms and provisions of the existing agreements can remain in full force and effect during the interim period pending execution of the new agreements, and WHEREAS, the Town and Fire Companies understand that the new agreements, when executed, will be deemed effective as of January 1, 2000 and all of their terms and provisions shall be deemed to apply as of that date, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes short term interim extension of the agreements with the Fire Companies from January 1,2000 until the date of execution of the new agreements with the Fire Companies, and BE IT FURTHER, RESOLVED, that the new agreements, when executed, shall be deemed effective as of January 1, 2000 and their terms and provisions shall apply as of that date. Duly adopted this 1st day of January, 2000 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING FIRE MARSHAL TO USE TOWN VEHICLE FOR TRAVEL BETWEEN TOWN HALL AND PERSONAL RESIDENCE TO RESPOND TO EMERGENCY SITUATIONS RESOLUTION NO.: 24,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Town of Queensbury Employee Handbook (1007 entitled, "Vehicle Usage Policy and Procedures" states that in situations where an employee's official duties require himlher to be on call and available at times other than the normal work day, the Town Board may adopt a Resolution authorizing the Town employee to use a Town vehicle for travel between his/her official domicile and job site in order to ensure rapid response in emergency situations, and WHEREAS, as part of his job duties, the Town of Queensbury Fire Marshal responds to emergency situations within the Town, including responding to emergency calls during evening and weekend hours, and WHEREAS, the Town Board of the Town of Queensbury wishes to adopt a Resolution authorizing the Fire Marshal to use a Town vehicle for travel between his residence and Town Hall so that the Fire Marshal may expediently respond to emergency situations during non-business hours, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town of Queensbury Fire Marshal to use a Town vehicle between his residence and Town Hall so that he may expediently respond to emergency situations during non-business hours, and BE IT FURTHER, RESOLVED, that the Fire Marshal shall use a Town vehicle strictly for Town Fire Marshal duties and not for his own personal use. Duly adopted this 1st day of January, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None Discussion held before vote: Councilman Martin-As being a past Director of this Department for which this person works this is a very good idea I hole heatedly endorse it. 3.0 CORRESPONDENCE 3.1 Town Supervisor - appointing Confidential Secretary to Supervisor - Kim Heunemann and Deputy Town Supervisor - Theodore Turner for the year 2000 3.2 Town Clerk - appointing 1st. Deputy Town Clerk and Deputy Registrar Caroline Barber 2nd Deputy Town Clerk Karen O'Brien Deputy Receiver of Taxes Judith Fish years 2000 and 2001 3.3 Town Highway Supt. - appointment of Michael Travis Deputy Highway Supt. and Rebecca Bernard as Confidential Administrative Secretary 3.4 Town Justices - appointments Karen Stockwell-Court Clerk Carol Finamore -Court Clerk and Kerrie Lewis Hatin -Deputy Court Clerk SUPERVISOR DENNIS BROWER-Mr. Turner has agreed to be a Deputy Supervisor and I certainly look forward to working with him he has had a great deal of experience not only on the Town Zoning Board for nineteen years but also on the Town Board. I value his experience and knowledge and I look forward to working with hirn. COUNCILMAN TURNER-Dennis thank you very much for you confidence and I am ready to respond to your direction. SUPERVISOR BROWER-I want to first of all thank Betty Spadaro and the Senior Citizens for having organized the reception that we are about to have and I would like to encourage you all to stay and mingle and say hello and enjoy some food and drink after this meeting. COUNCILMAN MARTIN-I would like to thank everybody for coming this is a wonderful turnout it is nice to see family and friends here. COUNCILMAN BREWER-I would like to say the same it is a pleasure to see a house full. COUNCILMAN STEC-I would echo their sentiments hope everyone has a wonderful new year and I think our Boards Motto will probably be the Greatest Good for the Greatest Number For the Greatest Amount of Time, we are here to work with you and my door is always open and I do answer phone calls and better yet I return them. COUNCILMAN TURNER-I just want to share a little bit of history that involves my family and affairs of the Town. My Grandfather was Town Clerk from 1926 to 1946 until his passing, my Grandmother became Town Clerk from 1946 to 1962 when she retired at the age of eighty two, my father then served on the Town Board from 1962 to 1969 until his passing, then I came on the scene and was appointed to the Zoning Board of Appeals for some nineteen years moving then to the Town Board to the end of the Twenty Century and now a Member of the new Town Board in the Twenty first Century. To me this is a reflection on their commitment to this great town. Thank you. SUPERVISOR BROWER-Requested a motion to adjourn. RESOLUTION ADJOUNING TOWN BOARD MEETING RESOLUTION NO. 25.2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Organizational Meeting. Duly adopted this 1st. day of January, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury