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2001-01-03 SP 2001 SPECIAL TOWN BOARD MEETING JANUARY 3, 2001 7:00 P.M. MTG#1 RES#I-2 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER SUPERVISOR BROWER-Opened meeting. RESOLUTION AUTHORIZING AND DIRECTING TOWN HIGHWAY DEPARTMENT TO KEEP SIDEWALKS ABUTTING COUNTY OR STATE HIGHWAYS FREE AND CLEAR FROM SNOW AND ICE DISCUSSION HELD It was the decision of the board members to pull this resolution and place it on the January 8th agenda. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO.1, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss the disposition of property located within the Town of Queensbury. Duly adopted this 3rd day of January, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO.2, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 3rd day of January, 2001, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower Noes: None AbsentNone On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury ORGANIZATIONAL MEETING JANUARY 8,2001 7:02 P. M. MTG. #2 RES. 3-37 BOH 1-2 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS TOWN COUNSEL BOB HAFNER TOWN HIGHWAY SUPT. RICK MISSIT A DEPUTY HIGHWAY SUPT. MIKE TRAVIS TOWN WATER/WASTEWATER SUPT. RALPH VANDUSEN DEPUTY WASTERWATER SUPT. MIKE SHAW TOWN COMPTROLLER HENRY HESS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND TOWN SUPERVISOR DENNIS BROWER-Opened the meeting at 7:02 P.M. PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BROWER 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.3, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 8th day of January, 2001 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEPTIC VARIANCE APPLICATION OF MICHAEL AND HOLLY DANSBURY RESOLUTION NO.: 01,2001 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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, Michael and Holly Dansbury have applied to the Local Board of Health for a variance from Chapter 136 to allow their wastewater absorption system to be located eighty feet (80') from their well and sixty-seven feet (67') from their neighbor's well in lieu of the required one-hundred feet (100') setback(s) on property located at 9 Hemlock Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on January 22nd, 2001 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michael and Holly Dansbury's septic variance application concerning their property situated at 9 Hemlock Road, Queensbury (Tax Map No.: Section 43, Block 2, Lot 19) 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. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.2, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back into regular session. Duly adopted this 8th day of January, 2001 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None QUEENSBURY TOWN BOARD 2.0PUBLIC HEARING 2.lBRADFORD NERON'S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT NOTICE SHOWN SUPERVISOR BROWER-The applicant is here, good evening. Dan you have some pictures of the old and new property, would you care to introduce yourselves please. MR. BRADFORD NERON-I am Brad Neron I live at 18 Howard Street in Queensbury, New York. What I am trying to do now is just take an old trailer off a piece of property that is on 11 East Drive, and I am trying to replace it with a brand new 2000 home. The other one is really run down and it is really not worth renovating and I have a lot of complaints from the neighbor that lives next door, saying that there is a lot of kids that come over and it's a party spot. It is a lot of problems for them. To get someone in there would make it a lot better and what I am actually doing is I am just making the whole surrounding areas look better. For me it is just my, what I am doing for myself is getting a piece of property for my trailer to have. COUNCILMAN BREWER -Just out of curiosity did, I know the last time you were here you had a concern about the bank and the financing and whatever were they able to extend that for you? MR. NERON-Yes. COUNCILMAN BREWER-Great. MR. NERON -You have pictures and there is also a letter from a neighbor that lives right next door which is a Jason Missey. SUPERVISOR BROWER-Darleen do you have this letter by any chance? I have a copy if you need it. It has a name on the back and address. . . yes. TOWN CLERK DARLEEN DOUGHER-Yes I do. SUPERVISOR BROWER-Would you read that into the record. TOWN CLERK DARLEEN DOUGHER- To: The Queensbury Town Board, 12/18/2000 We feel it would be an asset to have a new home put in place of the abandoned home next door to us, that is in desperate disrepair. The property as of now, is an eyesore, unsafe, and a home for stray cats. We have also had to keep up the lawn, during the summer, that is along the side of our property. As well as having to call the Warren County Sheriffs dept. twice once for children playing over there, and once for what appeared to be teenagers looking for a place to party. We feel it could only be a positive thing for these people to put a new home next door to us. It would definitely help better the appearance of our street. Melissa & Jason Clapper 13 East Drive 743-1833 SUPERVISOR BROWER-Any questions from Town Board Members? COUNCILMAN TURNER-No. MR. NERON-I also wanted to bring to your attention I do have an application in for an area variance because it is zoned light industrial and the date is set for next Wednesday, at 7:00 for the Planning Board. COUNCILMAN BREWER-Why would he need an area variance. EXECUTIVE DIRECTOR CHRIS ROUND-Use Variance, we allow replacement of mobile homes without a use variance, it is a continuation of a non conforming use, mobile homes outside of a mobile home park, here is the layer of regulation that we have here at the town. Mobile Homes outside of a mobile home park require issuance of a Town Board permit and because the property is zoned light industrial the light industrial zone has pretty significant setbacks, fifty feet and seventy five feet in some instances so that the house that has been proposed doesn't comply with those setbacks. We see a number of these as Mr. Neron, projects like Mr. Neron's come forward that replacement of updated housing with updated housing occur. COUNCILMAN BREWER-That really doesn't make a lot of sense that he has to come to us and he is replacing one home with another that is going to improve it and then he has to get another variance. COUNCILMAN MARTIN-Bigger home. COUNCILMAN TURNER-He is outside of the mobile home COUNCILMAN BREWER-I thought it was a continuance of a non conforming COUNCILMAN TURNER-That was the question that I was going to get at how long has that been vacant? MR. NERON-I think, I cannot be totally honest with you because I really do not know how long it has been vacant. But I know it has been vacant or awhile. COUNCILMAN MARTIN-Isn't this home bigger isn't that the issue? The new home is bigger. MR. NERON-It is ten feet bigger in length and I mean on the width on each side he has an addition, another porch on this side and he has a bedroom that he built on the other side so it would be actually, smaller on the sides it wouldn't be as large because there would not be additions there. But the reason why they said that, had to go through that because of the, it doesn't meet the setbacks for the light industrial because of the thirty feet by fifty. COUNCILMAN BREWER-That is what confuses me, if it is a continuance of a non conforming use EXECUTIVE DIRECTOR ROUND-Mobile homes a manufactured house by nature does allow for replacement so it is a unique to the ordinance. MR. NERON-I agree with you on that one, I mean the fact that they make the setbacks fifty feet for light industrial COUNCILMAN BREWER-I think we are talking just particular area, in this one particular zone that it happens to be in, it is not all zones. It seems like there ought to be an easier way. SUPERVISOR BROWER-Who owns the MR. NERON-It is Household Finance, the trailer is Household Finance. SUPERVISOR BROWER-That is there currently. MR. NERON-There is nobody there right now, Household Finance owns it and that's why we are getting it from. It is, they never made their payments on it and it got foreclosed on. SUPERVISOR BROWER-So, are you responsible to remove that or will they be responsible to remove that? MR. NERON-I would be having that removed, yes. I have already talked to Morris Combs and he would remove it for me and put the new one there. COUNCILMAN BREWER-Chris is there anything that we can do to make this a little bit easier process wise? I know we cannot do it with this particular application but we went through this with a lot line adjustment with a poor fellow. EXECUTIVE DIRECTOR ROUND-There is always opportunities to improve a regulation. Mobile Homes, I think previous boards have taken a very conservative view on how replacement of mobile homes outside of a mobile home parks have occurred. That is what the current regulation reflects. We can certainly, if it is something that you want to look for COUNCILMAN BREWER-I do not know if anyone else agrees with me but I, it just seems. COUNCILMAN MARTIN-I agree and this is one of these things you know as we are considering a new zoning ordinance this is a red flag to look for in the new ordinance. COUNCILMAN BREWER-Right, we could change some language or whatever so that COUNCILMAN MARTIN-I can understand you want to be prudent about these things and look at them but that is why they are here tonight. I agree with you that they should not have to come back really it is just a paper chase now for you to come back a second time. It is getting its review there is opportunity for public input here, I do not see the need you know if we can diminish a second time I would like to, I agree with Tirn. It does not help you out, but we wish you the best none the less. SUPERVISOR BROWER-Do you have anything to add at this time? If you would sit down for a moment and I will ask if there is anyone in the public that would like to speak either for or against this particular proposal. MR. NERON-Ok. SUPERVISOR BROWER-Thank you. At this time would anyone like to speak on this application, no one, ok, in that case I will close the public hearing. Ask if the Town Board Members have any further input at this time. COUNCILMAN TURNER-The only comment I have is lets move it on because there was a trailer there just taking it out and putting another one in. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR BRADFORD NERON RESOLUTION NO.: 04, 2001 INTRODUCED BY: Mr. Ted Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code ~ 113-12, and WHEREAS, Bradford Neron filed an application for a revocable "Mobile Home Outside a Mobile Home Court" permit to replace his mobile home located at 11 East Drive, Queensbury with a new mobile home, and WHEREAS, the Town Board held a public hearing concerning this application on January 8th, 2001, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit to Bradford Neron in accordance with the terms and provisions of Queensbury Town Code ~1l3-12. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None 3.0CORRESPONDENCE 3.1 Ltr. On file from Town Supervisor appointing Deputy Town Supervisor-Theodore Turner Executive Assistant to Supervisor-William L. Lavery 3.2Ltr. On file from Highway Superintendent appointing Deputy Highway Supt. Michael F. Travis 3.3Ltr. On file from Queensbury Town Court requesting the appointments of Karen Stockwell-Court Clerk Carol Finamore-Court Clerk Kerrie Lewis Hatin-Deputy Court Clerk 3.4 Town Historian's Yearly Report for 2000 on file 3.5 Town Clerk's Yearly Report for 2000 on file 3.6Ltr. Read by Town Clerk 12-11-2000 James M. Martin 525 State Route 149 Lake George, New York 12845 Dear Mr. Martin: The Warren County Planning Board recently discussed the upgrades to the Bay Road corridor that you have proposed to County and town officials, At our November 13,2000 regular meeting, we reviewed the information presented in your October 12, 2000 letter to County Superintendent of Public Works Bill Remington and reported in the recent Post Star article. We believe that a pedestrian and bicycle path, separated from vehicular traffic, on the east side of Bay Road would dramatically improve the safety and the aesthetic experience of this heavily-used roadway. On November 13, 2000, the seven Board members attending the meeting of the Warren County Planning Board endorsed your proposed improvements to Bay Road with a unanimous vote. We commend your efforts to develop a positive vision for the future of this important road corridor. Sincerely, Isl Teri Ross SUPERVISOR BROWER-My recommendation would be to coordinate it with the reconstruction of the road. 4.00PEN FORUM MS. SUE DEGROFF-I live at 237 A John Burke Apts. Thanked everyone for the input and good work done on the sidewalks on Burke Drive... Noted that the new plantings on Burke Drive have been damaged and asked how to handle this? COUNCILMAN MARTIN-Suggested that a local garden center individual look at the trees to see what the extent of damage is. . . SUPERVISOR BROWER-Suggested working with the Homeowners Association and let them know of the damage being done. . . MS. DEGROFF-Noted she would work on sending out some letters notifying the residents of the damage.... MR. DON SIPP- Don Sipp, Courthouse Drive Re: County stepping in on the sewer deal commended the Board on their actions, Glens Falls and the County... Questioned the buy in rate of 75 cents the users also paying for the cost of providing sewer capacity plus twenty percent and five percent in the repair and maintenance fund, questioned if that was 93 cents per gallon? Is that a true rate? SUPERVISOR BROWER-They are separate, there is a buy in per gallon charge and operation and maintenance fee that we have paid historically. The buy in fee is half of what we originally offered and the O&M is exactly what we originally offered in consideration for the Counties contribution to the event, plus we have unlimited capacity. We still have to work on the specifics. MR. SIPP-Questioned the part of the agreement where the Town will allow the City to collect sales tax from the veterans field light industrial park? SUPERVISOR BROWER-That is an error. Currently Veterans Field QEDC and GF Local Dev. Corp. have met to forge an agreement on the first two lots in Veterans Field, part of the agreement involved cost sharing, where Queensbury for the first two lots developed will pay one hundred seventy five thousand dollars, the City would pay one hundred and seventy five thousand dollars ball park. The Mayor expressed interest in controlling the park himself, in other words annexation basically. We talked about that we said as long as you would meet a number of criteria that we would insist upon, you would continue to we have an generic environmental impact statement that Chris forged, we would want him to look at that and following the guide lines within that document. Stay within the agreement that the LDC and the QEDC have formed, which basically said it will be a light industrial area. It will control the look of the buildings and other criteria. We also indicated to the Mayor if we allow that we would want them to extend the Queensbury Sewer System up to the property on Luzerne Road and Queensbury would control the sewer and water flow to that development which would enable Queensbury to extend that down the road to the trailer parks on Luzerne Road in the future if it is necessary. The Town Board has met and out lined the concept to the Board and they were receptive and supportive of the overall concept of an agreement which would save, not save Queensbury taxpayers essentially it would save the light industrial users we hope to attract to Queensbury the sewer costs. At the same time the County has contributing toward basically a third of the City's real property value is in non-profits that help people in the entire County. So, the Chairman of the Board Bill Thomas took a position and came out and said you know the County should help the City to a greater extent than we are helping them already, it is our job to make sure we have a healthy City a healthy cultural area within our community and as a result I will step forward and make this offer on behalf of the County. He was support by the County Economic Development committee on Thursday that I also sit on. Basically the majority of Supervisor's in the County support the concept. The county has helped the two municipalities form an agreement and the Town is stepping in with the agreement that would enable Glens Falls to benefit from the future property tax after any pilots might expire. This agreement may enable us to get the Empire Zone designation. If Warren County gets the Empire Zone designation we have a three in seventeen shot at this it would mean, an area like Veterans Field if an industry was to locate there the State would come in and say ok, if you have a pilot for five years we will pay the taxes to the municipality for those five years so the municipality is giving up nothing. We will also provide cheaper power rates for that municipality and in some cases job credits. It will take a couple of months to iron out the details but in essence we conceptually agree to that basic frame work that I have described. MR. SIPP-How will this effect Bay Bridge? SUPERVISOR BROWER-We do not know, we are asking the City to extend that contract price to all our recent agreements. COUNCILMAN BREWER-Noted if they do come to the agreements, if any sewer district that was formed or paid would be reimbursable. MR. SIPP- Y ou think it will be several months before this is ironed out? COUNCILMAN STEC- The lawyers have it now, noted it is a complicated agreement. COUNCILMAN BREWER-All parties have to come together and we have to make sure all the details are covered. COUNCILMAN MARTIN-At least now we are at that point. COUNCILMAN STEC-Verbal agreements are on record. MR. SIPP-Questioned when the Empire Zone is to be decided? SUPERVISOR BROWER-March or April MR. SIPP-Is it a legislative action? COUNCILMAN MARTIN-I think it is an Executive action, there is an appointed committee reviewing the application. MR. SIPP-Questioned ifbig Cities have more pull? COUNCILMAN MARTIN-It is something that is based on need... SUPERVISOR BROWER-Asked for public input? MR. PLINEY TUCKER-Division Road Re: Sewer Will this be brought back to the public when it is near being finalized? SUPERVISOR BROWER-Yes. MR. TUCKER-Re: 5.31 Appointment of Assistant to the Assessor questioned if he is a replacement? COUNCILMAN TURNER-Yes. MR. TUCKER-Questioned if the deal with the City of Glens Falls and our Assessor when will that be over? TOWN COUNSEL HAFNER-We will get you the answer to that. MR. TUCKER-Questioned if the Attorney for the Town has been hired? COUNCILMAN TURNER-Noted it was done at the last meeting. MR. TUCKER-It is the same firm? SUPERVISOR BROWER-Yes. MR. TUCKER-Re: 5 Y2 acres of property above the water plant... . questioned if Counsel could speak to Mike O'Connor about it? COUNCILMAN BREWER-Reviewed the situation noting that Nimo is selling to another company everything is in litigation and they do not want to do anything with property until the deal is set. TOWN COUNSEL HAFNER-Noted that they had contacted Attorney O'Connor on a regular basis, he has said that they are still waiting for the approval from a federal agency that has to approve it before they can complete this gift. MR. PHIL SULLIV AN-I am here to request that the board in good faith cease minimizing the situation that exists in the Glen Lake area that I live in. I resent the fact that it is being portrayed as neighbor against neighbor situation, which is not the case. My family has lived here or 150 years, basically you might not hear much of us there is not much that we don't hear that goes on. Neighbor against neighbor maybe a possibility of variances down the road. Mr. Martin you came over with my sister back in the spring one time that is all she has heard from you. COUNCILMAN MARTIN-I told her to call me anytime. MR. SULLIVAN-With what was going on there I think it deserved more than a call. Thanked Mr. Round, I have been incessant in my requests for each one of you to get involved. The situation in my area where there are people of the same ideological background that knew each other for years and found ways to address the law in the way that they felt appropriate. For the last four or five month we have been in active dialog with the Code Enforcement Office there has been two requests for compliance as far as submitting site plans regs and variance requests which were just poo po oed nothing, no fines no nothing. The hearing is coming up on the 24th I am asking you gentlemen to do is to be supportive of your Code Enforcement Office, and even if you do not realize this people are listening in the community. I know the law and I am tenacious and my family is tenacious and we are looking for the law to be applied that is all I am asking, appropriate application of the law and we are not going to go away. SUPERVISOR BROWER-Would anyone else care to address the Board at this time? MR. PHILIP RUSSELL-Old Aviation Road RE: Greenway North connector and Hole in the Woods property Motel... SUPERVISOR BROWER-Noted an upcoming workshop session on the connector road.. . connecting Aviation Road to Route 9... noted meeting last week with the traffic engineers. . . noted there is funding in the transportation budget, 80% State 15% Federal and requiring a 5% local match. MR. RUSSELL-Questioned if this would go through Birch Lane? SUPERVISOR BROWER-No MR. RUSSELL-Re: Motel EXECUTIVE DIRECTOR ROUND-Spoke on an application that came in to the Town Board, and was referred to the Planning Board there is a Planning Board meeting this month to consider the recommendation for rezoning. Reviewed the process for rezoning. MR. RUSSELL-Questioned if the connector will be basically to the south of where Old Aviation Road is now. COUNCILMAN MARTIN-It will start in front of Friendly's at the stop light and parallels old Aviation Road and curves around and where the back end of True Value hardware parking lot used to intersect with Old Aviation basically cuts through there and through the True Value Parking Lot. MR. RUSSELL-Questioned if Old Aviation Road will stay there? COUNCILMAN MARTIN-Yes. Where Old Aviation intersects with Greenway North that short section will be torn up and made into green area, you would then access Old Aviation to the connector behind True Value. MR. RUSSELL-Questioned if the road going through there would open up the area so that the residents would be able to see through Aviation Road? COUNCILMAN TURNER-There is a fifty or seventy five foot buffer. MR. DON SIPP- What happens after they start the motel and this connector road is decided to go in the valuation of this lot will change from what it is now at one hundred and sixty thousand to something like a half a million? Will the Town end up in eminent domain buying this piece of land? COUNCILMAN BREWER-No, we discussed that with them that if this was to go through we need a portion of that property and they said it would not affect their project. COUNCILMAN STEC-They have indicated support of that. COUNCILMAN MARTIN-Tim is right about that section, I think that the property in all likely hood could be essentially donated to the effort or made available to the Town for the road, however the detail that needs to be worked out is how you run the lower part of the connector road through True Value Parking lot. MR. SIPP-Questioned if the Town would have to purchase the building? COUNCILMAN MARTIN-That is a detail that has to be worked out. MR. SIPP-Would that come out of Federal, State Funds? COUNCILMAN MARTIN-No. All the approaches to Route 9 and 254 the most heavily traveled intersection north of Albany to the Canadian border is failing. . . what are we going to do about it.. . all ears for other options that would ease the congestion at that intersection. Noted a study was done seven years ago encouraged Mr. Sipp to read it. MR. SIPP-Noted that when 254 was put in Jerry Solomon said that this should be an elevated highway and everybody laughed at hirn. MR. BRAD PATCH-Greenway North Re: Proposed Motel Asked that people past the 500' get a notification of the hearings? COUNCILMAN MARTIN-I would just as soon do it. MR PATCH-Residents need to know what it going on. Noted there would be 40 lights in the parking lot twenty feet high and the building is going to be close to forty feet high a twelve foot grade drop, people in Birch Lane are going to look up at forty feet or what, brick whatever behind this mature buffer that you can look right thorough. Requested that the Board go over and look at it. Noted this is not a good idea for what they have proposed. SUPERVISOR BROWER-Asked for input, hearing none... closed the Open forum 5.0 RESOLUTIONS RESOLUTION SETTING 2001 TOWN BOARD MEETING SCHEDULE RESOLUTION NO.: 05, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to establish its 2001 meeting schedule, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law ~62, the Queensbury Town Board hereby establishes its 2001 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 8th and 22nd and February 5th and 26th. 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. AYES NOES ABSENT: Duly adopted this 8th day of January, 2001, by the following vote: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower None None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO FILE ANNUAL FINANCIAL REPORT IN TOWN CLERK'S OFFICE RESOLUTION NO.: 06, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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, 2001 in lieu of filing a separate financial report with the Town Clerk by February 28th, 2001 as required by New York State Town Law ~29, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State General Municipal Law ~30, the Queensbury Town Board 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, 2001. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO.:07, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, New York State Town Law ~64, Subdivision 11 requires the Town Board to designate an official newspaper for the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates the Post Star as the Town of Queensbury's official newspaper. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING BANKING TRANSACTIONS RESOLUTION NO.: 08.2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, New York State Town Law Paragraph 64, Subdivision 1, requires the Town Board to annually designate its Depositories for Town Funds, and WHEREAS, in accordance with prudent business and cash management practices the Queensbury Town Board wishes to formally specify the authorities under which business may be transacted with these Depositories, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the following actions: 1. The following individuals, in their official capacities, are authorized to transact the financial and banking business of the Town of Queensbury in accordance with all applicable laws and organization documents, and the specific authorities granted by this Resolution: Dennis Brower, Supervisor Theodore Turner, Deputy Supervisor Henry S. Hess, Comptroller 2.Each of the following banks has applied and consented to serve as Depository of Town funds and has executed a Third Party Custodian Agreement satisfactory to the Town Comptroller and Town Counsel and are hereby designated as approved Depositories: Evergreen Bank, NA Glens Falls National Bank and Trust Company Chase Manhattan Bank Fleet Bank Trustco Bank 3.The Town Supervisor and Town Comptroller, or either one of them, islare hereby authorized to open a bank account or accounts from time to time with authorized banks and their affiliates for and in the name of the Town of Queensbury with such title or titles as helshe may designate, and to execute depository contracts that comply with Town Policy and operating procedures established by the Town Comptroller. 4.The maximum FDIC insured amount which may be kept on deposit at each Bank at any time is $100,000. The amount over and above FDIC insurance of $100,000 which may be kept on deposit at each Bank is limited the value of approved collateral, calculated in accordance with Regulations of the New York State Comptroller, pledged to secure Town deposits and deposited with the designated Third Party Custodian. 5.The Town Supervisor, Deputy Town Supervisor and Town Comptroller and their successors and any other person authorized by statute, regulation or Court Order of behalf of the these authorized persons, islare hereby authorized to sign, by hand or by facsimile (including, but not limited to, electronically generated) signatures(s), checks, drafts, acceptances and other instruments. Two of the three persons listed (i.e., the Town Supervisor, Deputy Town Supervisor and Town Comptroller) shall be required to sign any checks, drafts, acceptances and other instruments. 6.The Town Supervisor and Town Comptroller are authorized singly, within operational procedures established by the Town Comptroller, to initiate Automated Clearing House debits without signature; initiate payment by use of Depository Transfer Checks without a signature; or give instructions, by means other than the signing of an item, with respect to any account transaction, including the payment transfer or withdrawal by wire, computer or other electronic means. 7.The Town Supervisor and Town Comptroller are hereby authorized without further action of the Town Board to execute Bank forms establishing procedures for call-back verifications and written confirmations in connection with payment orders, thereby designating one or more individuals, whether or not such individuals be designated as "Authorized Persons", for the purpose of the verification of payment orders and issuance of written confirmations. 8.The Town Clerk and/or Deputy Town Clerk(s) islare hereby authorized and directed to certify to Authorized Bank Depositories under the seal of the Town of Queensbury the effect of this Resolution, the names of the officials, authorized persons and other representative of the Town of Queensbury and any changes from time to time of these officials, authorized persons and representatives, and specimens of their respective signatures. AYES NOES ABSENT: Duly adopted this 8th day of January, 2001, by the following vote: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower None None RESOLUTION ESTABLISHING MILEAGE ALLOWANCE RESOLUTION NO.: 09, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 ~ 116, the Queensbury Town Board hereby establishes the amount of 34.5( 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 8th day of January, 2001, by the following vote: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower None None RESOLUTION AUTHORIZING MUNICIPAL OFFICIALS TO ATTEND 2001 ANNUAL ASSOCIATION OF TOWNS CONFERENCE RESOLUTION NO.: 10,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to authorize certain municipal officials to attend the annual New York State Association of Towns Conference to be held in New York City from February 18th through February 21st, 2001, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law ~ 116, Subdivision 10 and subject to availability of budgetary appropriations, the Queensbury Town Board 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 18th through February 21st, 2001: Town Supervisor Town Board Members Director of Community Development Town Historian Town Assessor Town Justices Town Clerk Town Comptroller Director of Information Technology 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. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION TO APPOINT REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER RESOLUTION NO.: 11,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with New York State Public Health Law ~4121(3)(a), the Queensbury Town Board wishes to re-appoint Darleen Dougher as Registrar of Vital Statistics and Records Access Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board 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 8th day of January, 2001, by the following vote: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower None None RESOLUTION TO APPOINT TOWN HISTORIAN RESOLUTION NO.: 12,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to re-appoint Marilyn VanDyke, Ed.D. as its Town Historian for the year 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Marilyn VanDyke, Ed.D. as Town Historian for the Town of Queensbury for the year 2001. AYES NOES ABSENT: Duly adopted this 8th day of January, 2001, by the following vote: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower None None RESOLUTION APPOINTING REBECCA BERNARD AS CONFIDENTIAL SECRETARY TO THE TOWN HIGHWAY SUPERINTENDENT RESOLUTION NO.: 13,2001 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 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Rebecca Bernard as Confidential Secretary to the Town Highway Superintendent for the year 2001. Duly adopted this 8th day of January, 2001, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES : None ABSENT: None RESOLUTION APPOINTING JUSTICE CLERKS AND DEPUTY COURT CLERK RESOLUTION NO.:14, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, in accordance with New York State Town Law ~20, Subdivision I(A) and New York State Uniform Justice Court Act ~109, the Town Board has the authority to appoint Town Justice Court Clerks and Deputy Court Clerks, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Karen Stockwell and Carol Finamore as Town Justice Court Clerks and Kerrie 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 8th day of January, 2001, by the following vote: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower None None RESOLUTION APPOINTING PLANNING BOARD CHAIRMAN RESOLUTION NO.: 15,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to reappoint Craig MacEwan as Chairman of the Town's Planning Board for 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Craig MacEwan as Chairman of the Town's Planning Board for 2001. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES Mr. Brewer ABSENT: None RESOLUTION REAPPOINTING MEMBERS TO TOWN RECREATION COMMISSION RESOLUTION NO. 16,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State Law, and WHEREAS, the terms of Recreation Commission members Sharron Simmonds and David Hersh recently expired and Ms. Simmonds and Mr. Hersh wish to be reappointed to the Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Sharron Simmonds and David Hersh to serve as members of the Town of Queensbury Recreation Commission until such terms expire on January 8th, 2006. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING MEMBERS TO CITIZENS ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES RESOLUTION NO.: 17,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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 Queensbury Town Board hereby appoints the following members to the Town's Citizens Advisory Committee on Environmental Issues: 1. Bob Huntz; 2. Deborah Roberts; 3. George Stec; 4. Linda White; 5. Thomas Jarrett; and 6. Leon Steves. Duly adopted this 1st day of January, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT None ABSTAIN Mr. Stec abstained on member #3 Mr. George Stec RESOLUTION APPOINTING MEMBERS TO TOWN OF QUEENSBURY HISTORIAN'S ADVISORY BOARD RESOLUTION NO. 18,2001 INTRODUCED BY: Mr. James Martin 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 Queensbury Town Code, and WHEREAS, the one-year terms for the Advisory Board members recently expired and the Town Board wishes to appoint members for the year 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints the following members to the Town of Queensbury Historian's Advisory Board until their terms expire on December 31 st, 2001: John Austin; Douglas Baertschi; David Bannon; Janet Mayott; Maureen Monahan-Chase; Joyce Ritter; and John Strough. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING EXTENSION NO.7 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO.: 19,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer District Extension No.7, and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION APPROVING EXTENSION NO.7 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT - BA YBRIDGE HOMES DEVELOPMENT RESOLUTION NO. 20.2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Baybridge Homeowners Association (Baybridge) has asked the Queensbury Town Board to establish an extension to the Central Queensbury Quaker Road Sewer District to include the Baybridge Homes Development, to be known as Central Queensbury Quaker Road Sewer District Extension No.7, and WHEREAS, the Queensbury Town Board supports such an extension, and WHEREAS, a Map, Plan and Report has been prepared by Kevin L. Hastings, P.E. regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve the Baybridge Homes Development located along Bay Road, Queensbury, such area consisting of an area comprised of 14 attached Townhouses containing 64 dwelling units and 5 detached structures containing 5 dwelling units for a total community of 69 active units, with each unit privately owned and identified by individual tax numbers, along with other parcels bearing Tax Map No.'s: 61-2-13,61-2-999,61-1-47,61-2-102,61-1- 41.3, 60-2-54 and 61-1-42, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, on July 10th, 2000 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension; (h) that all the expenses of the district, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on July 24th, 2000 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article 12A, and consolidate the Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law ~206-a, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: I.Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2.All property and property owners within the extension are benefited; 3.All property and property owners benefited are included within the limits of the extension; 4.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension NO.7 to the existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk as more specifically described as follows: A tract ofland containing 56.10 acres, more or less, lying and being situate in the Town of Queensbury, in the County of Warren, and the State of New York, being more particularly described in Exhibit "A" and attached hereto and made a part hereoffor all purposes, being the same property deeded to John H. Dorlon by Warranty Deeds from Ambrose Genier dated June 14, 1971, and July 6, 1973, and respectively recorded in the Warren County Clerk" Office in Book 536, pages 228-229, and in Book 570, pages 11-13, of the Deed Records, save and except that portion thereof deeded to Warren County by Deed dated May 3, 1977 and recorded in the Warren County Clerk's Office in Book 606, page 689 of the Deed Records, the property hereby conveyed being devised to Parties of the First Part by John H. Dorlon, who died on January 11, 1981, by Will admitted to probate in the Warren County Surrogate's Court on January 15, 1981 and filed in the Warren County Clerk's Office in Book 654 at Page 834. That certain parcel of land situate in the Town of Queensbury, Warren County, New York being part of Great Lots 38 and 32 of the First Division of the Queensbury Patent and located on the southerly side of Walker Lane in the Town, which parcel is bounded and described as follows: Beginning at a concrete monument set in the southerly boundary line of Walker Lane, which concrete monument is situate at a distance of 823.50 feet westerly from the westerly line of the premises conveyed by John H. Dorlon to the County of Warren for the widening of Bay Road by deed dated May 3, 1977 and recorded in the Warren County Clerk's Office on July 6, 1977 in Book 606 of Deeds at page 689, as measured along the southerly boundary line of Walker Lane, and which concrete monument is also the point of beginning for a warranty deed dated September 10, 1985 from John H. Dorlon, Jr., and Martha Dorlon Mitchell to Valente Builders, Inc., which deed was recorded in the Warren County Clerk's Office on October 29, 1985 in Book 675 of Deeds at Page 1020, running thence from the place of beginning the following courses and distances: 1 South 05056' 50" West, a distance of728.93 feet to a point marking the southwest corner of the lands herein conveyed and the southwest corner of land conveyed by William Aronson and Clara Aronson to John H. Dorlon by deed dated August 22, 1973 and recorded in the Warren County Clerk's Office on August 22, 1973 in Book 572 of Deeds at page 387 thence 2South 830 04' 20" East along the southerly boundary of the lands herein conveyed, a distance of 812.60 feet to the westerly boundary line of Bay Road thence 3North 06043' 20" East, a distance of773.04 feet to the northeasterly corner of the lands herein conveyed, also being the intersection of the Bay Road with Walker Lane; thence 4South 860 07' 10" East along the southerly boundary of Walker Lane, a distance of767.80 feet to a point thence 5South 86035' 10" East continuing along the southerly boundary of Walker Lane, a distance of 55.70 feet to the point and place of beginning Containing 14.10 acres of land, more or less Walker Lane, a road adjoining the property conveyed above on the north, subject to right of way granted or reserved to various persons for the use thereof, specifically reserving to the parties of the first part the right to use the traveled portion of Walker Lane as an easement of ingress and egress to their other properties which lie adjacent to the north line of Walker Lane. The lands described and conveyed herein are shown on a map entitled, "Map of Lands to be conveyed by John H. Dorlon and Martha Dorlon Mitchell to Valente Builders, Inc.," and more particularly described as the Other Lands of Dorlon and Mitchell containing 14.10 acres, made by Coulter & McCormack, Licensed Land Surveyors, Glens Falls, New York, dated September 12, 1985 and filed in the Warren County Clerk's Office on October 29, 1985 in Plat Cabinet A, Slide 28. Being the same land conveyed by William Aronson and Clara Aronson, his wife, to John H. Dorlon by deed dated August 22, 1973 and recorded in the Warren County Clerk's Office on August 22, 1973 in Book 572 of Deeds at page 387; exempting therefrom that portion of the land conveyed by John H. Dorlon to the County of Warren by deed dated May 3, 1977 and recorded in the Warren County Clerk's Office on July 6, 1977 in book 606 of Deeds at page 689 for the purpose of widening the Bay Road, and also excepting therefrom that portion of the land subject to permanent easement conveyed by John H. Dorlon to the County of Warren by deed dated May 3, 1977 and recorded in the Warren County Clerk's Office on July 6, 1977 in Book 606 of Deeds at Page 686. 5.In accordance with New York State Town Law ~206-a, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established, as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Central Queensbury Quaker Road Sewer District Extension No.: 7 in accordance with the boundaries and descriptions set forth herein and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3.Permissive referendum in the manner provided in New York State Town Law Article 7; and 4.The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes an Agreement substantially in the form presented at this meeting and in form acceptable to Town Counsel between Baybridge Homeowners Association, Inc., and the Town of Queensbury on behalf of the Central Queensbury Quaker Road Sewer District and authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING AND DIRECTING TOWN HIGHWAY DEPARTMENT TO KEEP SIDEWALKS ABUTTING COUNTY OR STATE HIGHWAYS FREE AND CLEAR FROM SNOW AND ICE RESOLUTION NO.: 21,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 314,2000, the Queensbury Town Board enacted a Local Law regulating the construction, repair and maintenance of sidewalks in the Town of Queensbury, and WHEREAS, the Local Law provides, in accordance with Highway Law ~140(l8), that the Town Board may authorize the Town Highway Department to keep sidewalks abutting on any County or State Highways located in the Town of Queensbury free and clear from snow and ice, and WHEREAS, the Town Board wishes to provide for such authorization, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Highway Department to keep sidewalks abutting any County or State Highways located in the Town of Queensbury free and clear from snow and ice during calendar year 2001. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Brewer-Questioned if the Highway Supt. felt strongly about this one way or the other? Highway Supt. Richard Missita-Ifyou start them you are going to do them. Councilman Brewer-Understood, but is it the right thing to do, to do them? Councilman Martin-Do you have the equipment and manpower in place to do it? Highway Supt. Missita- Yes. They are going to get done only after the highways are completed. Councilman Brewer-Absolutely. Councilman Martin-Within a reasonable amount of time we will say. Highway Supt. Missita-I am elected to make sure that the roads are safe not sidewalks. Councilman Martin-Right, understood. We purposely put this off until you were present to talk to you about it. Supervisor Brower-We were going to pass it last week at a special meeting of the Town Board but we held off being that you could not be there. Councilman Martin-I think his point is well taken, once we go down this path it is something you do not go back on. Supervisor Brower-I think it is important for the town to address the sidewalk maintenance issue on State and County highways and I support it. RESOLUTION AUTHORIZING PURCHASE ORDER FOR ONE (1) VERMEER CHIPPER FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 22,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin 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) Vermeer Chipper 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, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) Vermeer Chipper, Model #1230A from Vermeer Sales & Service in accordance with New York State OGS Contract #429004529 for an amount not to exceed $15,035, including the amount of $531 for an auto-feed/speed sensing system, to be paid for from the appropriate Highway Department account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE; Supervisor Brower-questioned if this was essential for the Christmas Tree pickup program? Highway Supt. Missita-Yes. RESOLUTION AUTHORIZING PURCHASE ORDER FOR ONE (1) HYUNDAI LOADER FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 23.2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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) Hyundai Loader 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, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) Hyundai Loader from George Swede Sales & Service in accordance with New York State Contract #PC56720 for an amount not to exceed $56,680 to be paid for from the appropriate Highway Department account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Comptroller Hess-The budget when it was adopted included this item but it also specified the trade in of a 1979 and the resolution does not address that. Highway Supt. Missita-There will not be a trade in because it is under state contract so we will sell it when we do the auction. Councilman Brewer-Can't Rick see if there is another department in the Town that can use that rather than just sell it for what we can get for it? Supervisor Brower-Typically what we have been trying to do is when a piece of equipment is purchased new to replace another piece we unload the other piece of equipment. Councilman Brewer-If it goes to another dept. in turn will get a lot less use, if somebody needs it lets think about using it for the Town before we just get rid of it. Supervisor Brower-I think if there was a pressing need to use the piece of equipment we probably would keep it from going to auction, but otherwise it would probably be auctioned. Councilman Brewer-If some other department needs one or has a use for one that did not see a need to buy a new one, maybe they could use it. Supervisor Brower-Your point is well taken. RESOLUTION AUTHORIZING PURCHASE ORDER FOR ONE (1) F-550 TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 24,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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) F-550 cab and chassis 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, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) F -550 cab and chassis from Genesee Truck Sales in accordance with New York State Contract #PC57163 for an amount not to exceed $22,205 to be paid for from the appropriate Highway Department account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE-Comptroller Hess-The budget on this item was to replace an existing and the resolution does not make mention of that. Supervisor Brower-1986 f350 is being replaced. RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR 2001 DUMP BODY WITH PLOW, WING AND ALL NECESSARY HYDRAULICS AND ATTACHMENTS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 25,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a 2001 Dump Body with Plow, Wing and all necessary hydraulics and attachments as specified in bid specifications to be prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for a 2001 Dump Body With Plow, Wing and all necessary hydraulics and attachments for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Brewer-Questioned the dump body is the bowl shape body that we talked about earlier? Highway Supt. Missita-We are putting together a package for the State contract for the medium duty truck, this will go on that cab and chassie.. . Councilman Brewer-Is the cab and chassie in the budget? Highway Supt. Missita-yes. Councilman Brewer-How do you buy the dump body and plow and wing before you know what you are going to buy for a cab and chassie? Deputy Supt. Travis-We know what we are buying. Highway Supt. Missita-That doesn't have to go out to bid it is on State Contract. Councilman Brewer-Is it cheaper buying it that way? Highway Supt. Missita- Yes. RESOLUTION AUTHORIZING BADGER METER INC. TO CONTINUE PROVIDING RADIO READ METERS AND ACCESSORIES TO WATER DEPARTMENT RESOLUTION NO.: 26,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Town Board Resolution No.: 26 of 2000 authorized Badger Meter, Inc. to provide radio read meters and accessories to the Town Water Department during 2000, and WHEREAS, the Water Superintendent has recommended that the Town of Queensbury continue to use the Badger meter system and has therefore requested Town Board authorization to allow Badger Meter, Inc. to continue providing radio read meters and accessories to the Town Water Department during 2001 for a total sum not to exceed $125,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs Badger Meter, Inc. to continue providing the Town of Queensbury Water Department with radio read meters and accessories during 2001 for a total sum not to exceed $125,000 to be paid for from Account No.: 40-8340-2300, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent, Purchasing Agent and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Turner-We have done this now for what, the third or second year? Water Supt. Ralph VanDusen-This would be the third year. We have changed just under 20% of the meters in the Town we have a ten year turn around to do the entire district. The price has stayed the same though, since we have started. Initially it was guaranteed for two years and they have agreed that the third year will continue. RESOLUTION REJECTING BID FOR SODIUM HYPOCHLORITE AND AUTHORIZING READVERTISEMENT FOR BIDS RESOLUTION NO. 27,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in December 2000 the Town of Queensbury Purchasing Agent duly advertised for bids for sodium hypochlorite and light soda ash in accordance with Water Department Bid specifications, and WHEREAS, only one bid for the sodium hypochlorite and no bids for the light soda ash were received by the Purchasing Agent, and WHEREAS, the Purchasing Agent and Water Superintendent feel that the holiday schedule prohibited would-be bidders from submitting bids to the Town and therefore have recommended that the Town Board reject the bid received for the sodium hypochlorite and readvertise for bids for the sodium hypochlorite and light soda ash, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rejects the one bid received by the Town Purchasing Agent for sodium hypochlorite which was opened on December 28th, 2000 and authorizes and directs the readvertisement of bids for the sodium hypochlorite and light soda ash, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING ANNA PLANTE AS BILLING SUPERVISOR RESOLUTION NO. 28,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 523,2000, the Queensbury Town Board created the full-time, non-union, Civil Service competitive position of Billing Supervisor, and WHEREAS, the Town Water Superintendent wishes to appoint Anna Plante to the Grade 4 position within the Town's non-union salary structure, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Anna Plante as Billing Supervisor effective January 9th, 2001 subject to any applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Anna Plante shall be paid an annual salary of $30,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Water Superintendent, Town Supervisor and/or Town Comptroller's Office to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of January, 2001 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR ADIRONDACK NORTH COUNTRY COMMUNITY ENHANCEMENT PROGRAM FUNDS RECEIVED BY THE TOWN OF QUEENSBURY RESOLUTION NO.: 29,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 273,2000 the Queensbury Town Board authorized the submission of an application for Adirondack North Country Community Enhancement Program funds through the New York State Division of Housing and Community Renewal, and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of $24,400 from the New York State Division of Housing and Community Renewal, and WHEREAS, the Town Board wishes to establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $24,400 for Adirondack North Country Community Enhancement Program grant funds received by the Town through the New York State Division of Housing and Community Renewal, such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Comptroller's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 30,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: COMPTROLLER: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-8989-4455 (Prof. Health Serv.) 1,200. WATER: FROM: TO: $ AMOUNT: 40-8320-4400 (Misc. Contr.) 40-8330-4400 (Misc. Contr.) 300. WATER: FROM: TO: $ AMOUNT: 40-8320-4400 (Misc. Contr.) 40-8330-4400 (Misc. Contr.) 31. 40-8320-4400 (Misc. Contr.) 40-8340-2899 (Capital Contr.) 603. 40-8320-4400 (Misc. Contr.) 40-8340-4400 (Misc. Contr.) 149. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH C.T. MALE ASSOCIATES, P.c. FOR PROVISION OF ENGINEERING TECHNICAL SERVICES TO QUEENSBURY PLANNING BOARD AND PLANNING DEPARTMENT RESOLUTION NO.: 31,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 175.2000, the Queensbury Town Board authorized the engagement of C.T. Male Associates, P.c. (C.T. Male) for the provision of engineering technical services to the Town's Planning Board and Planning Department, and WHEREAS, the Town Board wishes to extend its agreement with c.T. Male for the provision of such services for 18 additional months, or through June 30th, 2002, and WHEREAS, a copy of a proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement with C.T. Male Associates, P.C. substantially in the form presented at this meeting for the provision of engineering technical services to the Queensbury Planning Board and Planning Department at the rate of pay delineated in the Agreement, to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Agreement with C. T. Male and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of January, 2001, by the following vote: AYES : Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Brewer-Does this mirror the agreement that we had with Rist Frost? Town Counsel Hafner-If you look at paragraph 8 on page three I think that is the one that your probably asking for. Executive Director Round-It does mirror that. . . Councilman Martin-What level do we generally see on bills? Executive Director Round-level of persons, a design engineer or project engineer it is generally 65-85 dollars, Project engineer or Sr. engineer. The Planning Board has been happy with the turn around time which has been a problem at times given the work load that we are dealing with and the quality of the review. RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY Y AFFEE F AMIL Y PARTNERSHIP FROM PC-IA (PLAZA COMMERCIAL - ONE ACRE) AND SFR-IA (SINGLE F AMIL Y RESIDENTIAL - ONE ACRE) TO HC-IA (HIGHWAY COMMERCIAL - ONE ACRE) RESOLUTION NO.: 32,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by the Yaffee Family Partnership to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No. 's: 63.-1-5,63.-1-4,63.-1-3.1 and 63.-1-3.2 located at the corner of Quaker and Country Club Roads, 1/3 mile east of Route 9, Queensbury from PC-IA (Plaza Commercial- One Acre) and SFR-IA (Single Family Residential- One Acre) to HC-IA (Highway Commercial- One Acre), and WHEREAS, on or about November 20th, 2000, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about December 26th, 2000, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about December 23th, 2000, the Warren County Planning Board considered the proposed rezoning and determined that there was no County impact, 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, January 22nd, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by Yaffee Family Partnership bearing Tax Map No.'s: 63.-1-5,63.-1-4,63.-1-3.1 and 63.-1-3.2 located at the corner of Quaker and Country Club Roads, 1/3 mile east of Route 9, Queensbury would be rezoned from PC-IA (Plaza Commercial- One Acre) and SFR-IA (Single Family Residential- One Acre) to HC-IA (Highway Commercial- One Acre), 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, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed rezoning after the public hearing at its January 22nd, 2001 meeting. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY NORTHWAY SELF-STORAGE, LLC RESOLUTION NO.: 33,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Northway Self-Storage, LLC previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury for the 1999/2000 assessment year, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed this case with Town Counsel, and WHEREAS, the Queensbury Union Free School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 case against the Town of Queensbury by Northway Self-Storage, LLC for the 1999/2000 tax year in accordance with the following revised assessment value: Parcel - Tax Map No.: Tax Year: Revised Assessment 32 Northway Lane Queensbury, New York 12804 Tax Map No.: 166-1-1 1999-2000 $197,000 and BE IT FURTHER, RESOLVED, that refunds, with interest, shall be paid to Northway Self-Storage, LLC as a result of this settlement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY PAULSEN & SONS, INC. RESOLUTION NO.: 34,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Paulsen & Sons, Inc. previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for the 1998/99 and 2000101 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed these cases with Town Counsel, and WHEREAS, the Queensbury Union Free School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Paulsen & Sons, Inc. for the 1998/99 and 2000101 tax years in accordance with the following revised assessment values: Parcel - Tax Map No.: Tax Year: Revised Assessment 105 Weeks Road Queensbury, NY 12804 Tax Map No.: 71-1-2 1998/99 2000101 $5,950,000 $5,950,000 and BE IT FURTHER, RESOLVED, that refunds without interest shall be paid to Paulsen & Sons, Inc. within 45 days of the settlement order, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING MARK D. COLLYER AS ASSISTANT TO ASSESSOR RESOLUTION NO. 35,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the former Assistant to the Town Assessor, Pamela Stoddard, recently resigned, and WHEREAS, the Town Assessor posted availability for the vacant position, reviewed resumes, interviewed interested candidates and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Mark D. Collyer to the position of Assistant to the Assessor effective January 15th, 2001 subject to any applicable Civil Service requirements and a six month probation period, and BE IT FURTHER, RESOLVED, that Mr. Collyer shall be paid the annual salary of $29,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Supervisor and/or Town Comptroller's office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of January, 2001 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 525,2000 REGARDING RECLASSICA TIONS/UPGRADES AND ASSOCIATED APPOINTMENTS RESOLUTION NO.: 36,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 525,2000 the Queensbury Town Board authorized the reclassifications and upgrades of positions and associated employee appointments and annual salaries effective January 1, 2001, and WHEREAS, such Resolution authorized that the salary of Carol Finamore, Court Clerk, be set at $34,392 and the Town Comptroller's Office has advised that the salary should have been set at $33,718, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 525,2000 to read that the salary of Carol Finamore, Court Clerk shall be set at the amount of $33,718 for the Year 2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 525,2000 in all other respects. Duly adopted this 8th day of January, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None 5.0TOWN COUNCILMEN'S CONCERNS Councilman Brewer-Asked Town Clerk to read letter: December 29,2000 The Honorable Timothy Brewer 46 Candleberry Drive Queensbury, N.Y. 12804 Dear Councilman Brewer: As you know, the City of Glens Falls Memorial Day Parade Committee, which is made up of veterans, met to discuss the Queensbury official's proposal of possibly merging the two Memorial Day Parades. I am pleased to report that the Committee was receptive to the suggestion. However, the Committee would like to make the town officials aware of some things. First, the Committee works very hard, every year, to ensure that the thousands of spectators at the parade and the hundreds of people which observe the ceremony, enjoy themselves and remember the true meaning of why we observe the holiday. Second, the Committee is also adamant about the parade ending at, and the remembrance ceremony being conducted at the "Victory and Peace Monument". Final, they wanted to know what the Town would be willing to commit to enhance the parade, both financially and with additional participants. If you could respond to the Committee's above comments and questions and then the two Memorial Day Parade Committees could meet to further discuss the possibility of a joint parade. Sincerely yours, Isl James E. Clark, Jr. Assistant to the Mayor COUNCILMAN BREWER-Questioned the Board as to what they would like to do.. . noted that Chic Daley and Bob Wescott wish to participate.. . Pat Joyce of Larac contacted me, would like to be involved. COUNCILMAN STEC-Noted he contacted Dr. LaMonto a few weeks about the band marching, and he seemed supportive, needs to check with his facility. TOWN COUNSEL HAFNER-Noted that there is a maximum amount that can be spent toward this event. Discussion held: it was the decision of the Town Board to go ahead with the process and tell the two parties that the Town will help support the parade. COUNCILMAN MARTIN-Turned over advertisement for Smart Growth Task Force. EXECUTIVE DIRECTOR ROUND-Looking to set a public information session on the Greenway Connector.. COUNCILMAN TURNER-Questioned if the Supervisor had talked to the County regarding the flooding that was created by the water on Quaker Road coming onto Queensbury residential property? SUPERVISOR BROWER-I mentioned that to Bill Remington, noted he wants to take a look at it with you. Questioned if Councilman Turner had been contact by Mr. O'Keefe regarding a street light for Surrey Field? COUNCILMAN TURNER-Waiting for a price from Niagara Mohawk. COUNCILMAN BREWER-Noted a problem getting power to a street light requested assistance from Councilman Turner... felt there has to be a faster way to get street lights addressed. Discussion held on Combs Junk Yard. . . requested that Dave Hatin give the Board an update. Workshop seSSIOn COUNCILMAN BREWER-Questioned the status of the Sick Leave Bank. COMPTROLLER HESS-Noted he had receive no negative feedback... COUNCILMAN BREWER-Requested a workshop on that. MR. VOLLARO-Asked to have the contracts signed. SUPERVISOR BROWER-Agreed to have them signed tonight. 6.0PLANNED DISCUSSIONS NONE 7.0ATTORNEY MATTER NONE 8.0EXECUTIVE SESSION NONE RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 37.2000 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 Town Board Meeting. Duly adopted this 8th day of January, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, and Mr. Brower NOES; None ABSENT: None Respectfully submitted, Miss Darleen M. Doughtier Town Clerk-Queensbury