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2001-01-22 REGULAR TOWN BOARD MEETING JANUARY 22, 2001 7:00p.rn. MTG. #4 RES. 42-53 BOH. 3 TOWN BOARD MEMBERS PRESENT DEPUTY SUPERVISOR THEODORE TURNER COUNCILMAN JAMES MARTIN COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN BOARD MEMBERS ABSENT SUPERVISOR DENNIS BROWER COUNCILMAN DANIEL STEC TOWN OFFICIALS COMPTROLLER HENRY HESS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND WATER SUPT. RALPH VANDUSEN DEPUTY SUPERVISOR THEODORE TURNER-Opened the Meeting PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MARTIN RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 42.2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 22nd day of January, 2001 by the following vote: AYES: Mr. Martin, Mr. Brewer, Mr. Turner NOES: None ABSENT: Mr. Stec, Mr. Brower 1.0 QUEENSBURY BOARD OF HEALTH 1.2PUBLIC HEARING SEPTIC VARIANCE MICHAEL AND HOLLY DANSBURY NOTICE SHOWN...PUBLIC HEARING OPENED DEPUTY SUPERVISOR TURNER-Who is here to represent the application of Michael and Holly Dansbury? Anyone? COUNCILMAN BREWER-Charlie Scudder is the agent, but I do not.. EXECUTIVE DIRECTOR ROUND-I had expected Dave Hatin here as well from our office. COUNCILMAN MARTIN-We can at least do the public hearing. DEPUTY SUPERVISOR TURNER-We can do the public hearing. Requested that the Town Clerk read the following letter. TOWN CLERK DOUGHER- January 18,2001 Town Board RE: Michael & Holly Dansbury Septic Variance Dear Town Board Members: The Dansbury's are asking you to approve a variance to locate a new proposed septic system 80 feet from their well and 67 feet from their neighbor's well, versus the required 100 feet. Given the size of the lot and the constraints around the property, this is the maximum distance that they could obtain to their new proposed septic system. In the file, there are signoffs from neighbors, as well as the Danbury's, to allow the septic system to be placed closer to their wells than 100 feet. I trust this will answer all your concerns. If not, please don't hesitate to contact me. Sincerely, Isl David Hatin, Director Building and Code Enforcement DEPUTY SUPERVISOR TURNER-Anyone wish to be heard in favor of the application? Anyone opposed to the application? No one spoke..Public Hearing Closed... Board Members? COUNCILMAN BREWER-I was going to ask the applicant a question about the pipe going underneath the driveway. Does that meet code, Chris? All it does is just shows a four inch SDR 26 PCV is that, I thought if you had a line underneath the driveway or whatever it had to be.. EXECUTIVE DIRECTOR ROUND-You have to maintain special design provisions. COUNCILMAN BREWER-The design meets that? EXECUTIVE DIRECTOR ROUND-I cannot answer that I do not know. COUNCILMAN MARTIN-It shows in the pipe trench back fills only a three inch cover, between the top of the pipe and the ... COUNCILMAN BREWER-That is probably sufficient for some bodies back yard but, what about. COUNCILMAN MARTIN-I think it depends on the rating of the pipe and I do not know. EXECUTIVE DIRECTOR ROUND-I look at the plans and I see, it does not show a dimension though it shows grade, compacted back fill and then it has COUNCILMAN MARTIN-Three inch cover. EXECUTIVE DIRECTOR ROUND-Three inch cover but there is fill above that if you look at the trench detail. COUNCILMAN MARTIN-Oh, I see. EXECUTIVE DIRECTOR ROUND-I cannot answer that. MR. PLINEY TUCKER-There is a schedule 40, does it say schedule 40 on there? COUNCILMAN MARTIN-That is what I mean, it does not say that. It just says SDR 26. MR. PLINEY TUCKER-It should be schedule 40. COUNCILMAN MARTIN-It has to have a certain weight bearing thickness to the pipe. COUNCILMAN BREWER-It says four inch SDR 26 PCV and then it says see pipe trench backfill detail. You look at the detail it does not tell you what it is. So, I guess that is my first question. TOWN COUNSEL HAFNER-Tim and Ted and Jim, if no one is here and you would like to hear from the applicant before you take action, we have got have the public hearing and you have that, you can close the public hearing and just take no action and require the applicant and you can get input from Dave Hatin as to some of that to. COUNCILMAN BREWER-I would like the engineer to answer that question for me, I am not an engineer but. COUNCILMAN MARTIN-I am not exactly enthralled with that sixty foot or sixty seven foot separation either between... DEPUTY SUPERVISOR TURNER-That other well. COUNCILMAN MARTIN-when you have a foot or two and you are giving some relief but that's thirty three feet. We would like to hear what other options there are if any were looked at? DEPUTY SUPERVISOR TURNER-We will closed the public hearing. TOWN COUNSEL HAFNER-You can close the public hearing and then the public hearing is done, or you can keep it open. COUNCILMAN BREWER-I would leave it open only because if we ask questions and then they are answered maybe. DEPUTY SUPERVISOR TURNER-We can open it again. EXECUTIVE DIRECTOR ROUND-I think you would have to re-advertise. COUNCILMAN MARTIN-It would be simpler to leave it open Ted, I think. I would like to hear from the applicant and from Dave and hopefully Mr. Scudder. TOWN COUNSEL HAFNER-You can receive public comment without having a duly noticed public hearing. This is the public hearing that is required. You have satisfied that whether you leave it open or close it which ever is your preference. COUNCILMAN BREWER-I would prefer to leave it open. DEPUTY SUPERVISOR TURNER-We will leave it open. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 3.2001 BOH INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting. Duly adopted this 22nd day of January, 2001 by the following vote: AYES: Mr. Martin, Mr. Brewer, Mr. Turner NOES: None ABSENT: Mr. Stec, Mr. Brower TOWN BOARD REGULAR SESSION 2.0PUBLIC HEARING Proposal to amend Zoning Ordinance to change classification of property owned by Yaffee Family NOTICE SHOWN DEPUTY SUPERVISOR TURNER-Opened the Hearing 7:10 P.M. ATTORNEY MARTIN AUFFREDOU-I am with Bartlett, Pontiff, Stewart & Rhodes, P.c. we represent the Yaffee family the owners of the property which is known as the Glens Falls Electric property along Quaker Road and Country Club Roads. The property is comprised of eight point two one acres. A total of four parcels. Sort of an odd configuration. The parcel along Quaker Road and the corner of Country Club is about three and a half acres or so is presently zoned Plaza Commercial one acre the remaining three parcels are zoned single family residential one acre. Our application is to rezone this in all four parcels so the entire eight point two one holding into highway commercial one acre. We have been to the Planning Board late last year, I think you have a recommendation from them a favorable recommendation. Really we think this makes sense for this property we do not have any current plans to develop on the property. But, obviously the reason why we would like to do this highway commercial one acre because we think it makes more sense for this property and for any potential development that would occur there. The current building, actually there is the Glens Falls Electric building and then there is a garage we call it the shed in the back, has been there for quite a while. The properties surrounding it are either utility substations, utility power lines, or commercial properties and I think you know the properties that I am talking about. It came as I think quite a surprise to a lot of people that these parcels were zoned three out of the four parcels were zoned single family residential one acre. By all accounts from everyone we have talked to including the Planning Board they think that this is a good idea, so we are asking for your favorable consideration. DEPUTY SUPERVISOR TURNER-Anyone from the public wish to comment on this? For or against? Ok. No comment? Close the Public Hearing. COUNCILMAN MARTIN-I see this rather, and this is really an aside and I am not just by way of information, I see there is a rather odd parcel configuration here among these four parcels. Has there been any thought given to consolidation a little clean up here or maybe? ATTORNEY AUFFREDOU-Jim I think we are planning on doing that. My understanding is the reason for the odd configuration has to do with some IDA financing that took place for this property, particularly that little portion that little odd lot there was up until November was titled to the IDA but then was, I guess the financing was satisfied and was conveyed back to the Yaffee family. COUNCILMAN MARTIN-I can see all sorts of issues coming up here the buildings are straddling property lines apparently. ATTORNEY AUFFREDOU-I think once we do this the idea would be to go to the Assessor's Office and try to consolidate everything. COUNCILMAN MARTIN-I know typically you want to leave some development rights to have separate parcels but when a building spans it looks like three lots here. ATTORNEY AUFFREDOU-That is exactly right, it is odd at best. So, we agree with you and I think that is the house keeping matter that we would be trying to take care of. COUNCILMAN MARTIN-..it would clean things up I can see your zoning need here and that would be in that same vein I think it would make sense to try and consolidate the parcels. That was my only question. COUNCILMAN BREWER-I will introduce the resolution. DEPUTY SUPERVISOR TURNER-We have to do the SEQRA. COUNCILMAN MARTIN-It was a combined resolution for the SEQRA. TOWN COUNSEL HAFNER-Yes. EXECUTIVE DIRECTOR ROUND-There is a combined resolution for SEQRA negative declaration. The short EAF attached to the .. COUNCILMAN MARTIN-I saw that. EXECUTIVE DIRECTOR ROUND-I just want to bring to your attention, you should have staff notes from the Planning Board, the Planning Board recommendation you should have of course a copy of the application in front of you. I think it would be helpful to go through as a matter of practice to go through those questions that were asked on the application. COUNCILMAN MARTIN-I was going to ask you about the staff notes. EXECUTIVE DIRECTOR ROUND-Not necessarily to go through the staff notes, but you can feel free, I can highlight any of those, but to ask the questions that are included in the Rezoning application that kind of reflect town law, just so you are in the business of reviewing those things that you do not take this as a matter of, matter lightly. The project was most significantly, the project was this particular rezoning was recommended as part of the comprehensive land use plan. I was just going to go through not the EAF but .. COUNCILMAN MARTIN-There were several questions they asked about COUNCILMAN BREWER-On the application? COUNCILMAN MARTIN-Yes. EXECUTIVE DIRECTOR ROUND-On the application do you have a copy of that? If you would like, if I could read the question and then I can read the response of the applicant. Question 1. What need is being met by the proposed change in zone or new zone? The Applicant responded: The rezoning of the parcels and he lists the parcels identified currently zoned SFR to Highway Commercial will more accurately reflect current use of the parcels or that of contiguous or surrounding land use. I note that there is Highway Commercial and Plaza Commercial east and west of the property, Plaza Commercial south of the property on the opposite side of Quaker Road. COUNCILMAN MARTIN-I just said I basically agree with the applicant's statement I think that is fairly accurate. EXECUTIVE DIRECTOR ROUND- Question 2. What existing zones, if any, can meet the stated need? Applicant response: Highway Commercial and Plaza Commercial Question 3. How is the proposed zone compatible with adjacent zones? The Applicant notes- Quaker Road corridor is predominately Commercial retail use zone. Question 4. What physical characteristics of the site are suitable to the proposed zone? Applicant notes- Site is flat and accessible from Quaker and Country Club Roads. I note that we are part of our staff notes did identify that the site conditions are appropriate for Commercial Use based on soil, depth of ground water etc. COUNCILMAN MARTIN-I think the other aspect of the physical characteristics I mean, I would interpret that term to be meaning both natural and man made therefore I think the presence of the transmission line and the substation on the adjourning properties kind of buffer this from any kind of residential use that might occur. So, that is in its favor. EXECUTIVE DIRECTOR ROUND- Question 5. Who will the proposed zone affect public facilities? Applicant responds - No effect is anticipated. COUNCILMAN MARTIN-That is a fair statement. EXECUTIVE DIRECTOR ROUND- Question 6. Why is the current zoning classification not appropriate for the property in question? Applicants responds - The parcels that are zoned SFR lA, namely 1-4, 1-3.1, 1-.3.2, are zoned residential but current non-conform use in commercial Glens Falls Electric and surrounding land uses are commercial or utility uses. COUNCILMAN MARTIN-I would agree I do not think the surrounding uses are conducive to residential. DEPUTY SUPERVISOR TURNER-They are not compatible at all. EXECUTIVE DIRECTOR ROUND- Question 7. What are the environmental impacts of the proposed change? Applicant notes none. You do have an EAF that further expands on that discussion. Question 8. How is the proposal compatible with the relevant portions of the Comprehensive Land Use Master Plan? Applicant notes - Parcels are slated to be rezoned to Highway commercial under proposed town wide rezomng. I would just note that as the property falls in neighborhood seven recommendation 7.4 reads rezone the properties from Niagara Substation south to allow commercial uses to better reflect a non residential uses and it actually identifies the parcels in question, just so that is on the record. Question 9. How are the wider interests of the Community being served by this proposal? Applicant notes - Rezoning the land which is truly commercial in nature and will never be utilized for residential or non-commercial use given the current use and the use of surrounding or contiguous lands. COUNCILMAN MARTIN-I think that this reinforces the tax base of the community. That is fine. Shall we go through the individual questions on the SEQRA form or is the resolution sufficient? EXECUTIVE DIRECTOR ROUND-Either or, it has been the practice that we do go through that and it would probably be good to be consistent. Read through SEQRA Form A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in CI-C5? NONE C7, Other impacts (including changes in use of either quantity or type of energy)? NONE D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF 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. 43.2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin 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 23rd, 2000, the Warren County Planning Board considered the proposed rezoning and determined that there was no County impact, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed rezoning on January 22nd, 2001, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Long Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone properties owned by the 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 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 Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance Article XIII and Town Law ~265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk's Office. Duly adopted this 22nd day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec, Mr. Brower 3.0CORRESPONDENCE 3 . 1 Annual Report-Receiver of Taxes and Assessment 2000 3.2Annual Report -Town Clerk's 2000 3.3Annual Report-landfill 2000 (all placed on file) 3.4Ltr. To: Town Supervisor RE: Smart Growth Task Force As a supporter of the Smart Growth Task Force as a supporter of the smart growth of our region, I have strong interest in serving on the Smart Growth Task Force. I commend the Town Board for initiating this forward looking cooperative program, only good things can result. In addition to having serving on the Town Board I have been involved in Town planning activities for a number of years. As former Chairman of the Comprehensive land Use Committee and as a member of the Code Revision Steering Committee and the Storm Water Committee. With this experience and a broad understanding of our community I feel I would be a strong asset to this committee. Sincerely, Isl Richard Merrill 4.00PEN FORUM MR. PLINEY TUCKER-41 Division Road, Queensbury Re: Resolution regarding Queensbury Little League A percentage of this contract was to reduce the application fees for the people of little league, there was a flat percentage. COUNCILMAN BREWER-Ten dollars. MR. TUCKER-That is going to happen this year? COUNCILMAN BREWER-Yes. TOWN COUNSEL HAFNER-Noted a fee was set last year for what they would be charging for the children, this year it says it will not be more than last year. COUNCILMAN MARTIN-We have had a reduction and that is holding firrn. COUNCILMAN BREWER-Noted that the number may fluctuate with the number of participants, it will be ten dollars a child. MR. TUCKER-I was of the opinion that it was going to be a reduction every year no matter what happens, the fifteen thousand dollars was to go to reduce the cost of belonging to the Little League. . . noted half of whatever we paid was going to keep the reduction. COUNCILMAN MARTIN-The have reduced the fees and now they are holding firm on that. MRS. BARBARA BENNETT-Questioned if Mr. Brower and Mr. Stec were sick? DEPUTY SUPERVISOR TURNER-No, they are out of town. MRS. BENNETT-Questioned if the Board can vote on resolutions during a workshop session? TOWN COUNSEL HAFNER-Noted that the Town Board can vote on resolutions at a workshop. COUNCILMAN BREWER-Noted generally we do discuss items and get information but there is not a law saying we can't vote. COUNCILMAN MARTIN-Any time we come together as a forum we can take action. COUNCILMAN BREWER-The Board tried not to so the people do not get the perception that we are having these meetings and doing things behind every body's back. TOWN CLERK DOUGHER-The word workshop is kind of a misnomer, there are no such things as workshops, they are all Special Meetings, it has been at the discretion of the Town Board whether to take actions on resolutions they normally do not but if there is an emergency or one that has to be done because of constraints and time limits with advertising then they are allowed to. MRS. BENNETT-Questioned the sidewalk resolution that the Board had called a meeting for? Noted she asked them to put it over until the next meeting. . . that was done. . .I do not like to see special board meetings set up for the purpose of handling controversial subjects without the public present. COUNCILMAN BREWER-Noted that other board members had also requested that the sidewalk issue be held over to a regular meeting. MRS. BENNETT-I would hope you do not make a habit of doing business at special board meetings so you will not have the public around. COUNCILMAN BREWER-It is not my intention. MR. JOHN SAL V ADOR-I am here with my wife Kathleen for the first time as non residents of Queensbury but we are property owners. RE: County negotiating buy in capacity at the Glens Falls Sewage Treatment Plant.. . reminded the Town that North Queensbury still has a pending project called wastewater management, 250,000 of capacity a day has already been bought into that plant, when the plant was financed and built.. . discussed its history.. . noted that the Town has been buying into the plant for other locations in the Town, noted his contention is that our space has been reserved there, noted that the Town does not have to pay for it.. ..there is 13.7 million dollars in a Federal Grant at Warren County to take care of Wastewater management in North Queensbury, if we do not have to build a sewage treatment plant our 13.7 million is going to go a lot further. Suggested that Bay Road may be an alternative route. COUNCILMAN MARTIN-Noted that the last EIS reviewed that. COUNCILMAN BREWER-We are concerned about Route 9 up to the Municipal center possibly, the Exit 18 corridor and Bay Road. COUNCILMAN MARTIN-I disagrees one hundred percent that this is a back door rehash some sort of secret attempt to run sewer to Lake George. This is an extension of the Queensbury Central Sewer District and that is how I view it. MR. SALVADOR-My point is we have wastewater capacity I believe reserved for us. TOWN COUNSEL HAFNER-Questioned if Mr. Salvador had a document or agreement stating the capacity agreement? Requested that he provide some legal support for his argument. . . MR. SAL V ADOR-Re: 911 numbers Noted he follows the proposed regulations by posting the number but they are blocked by neighbors..noted he will not pay the penalty for someone else's infraction.. . how in this law you are going to penalize the person that obstructs the view of the legally properly posted 911 location? TOWN COUNSEL HAFNER-I. Tonight we are setting a public hearing for February 5th, that is the time for those comments. 2. What you have described you would not be in violation. Noted the parking situation is a Sheriff type thing. DEPUTY SUPERVISOR TURNER-Asked for further comments, none.. . open forum closed. 5.0RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR COMPLETION OF DESIGN, PREPARATION OF CONTRACT DOCUMENTS AND ASSISTANCE DURING BID PROCESS IN CONNECTION WITH CONSTRUCTION OF WATER LINE CONNECTOR TO TOWN OF MOREAU RESOLUTION NO.: 44.2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 136.2000, the Queensbury Town Board engaged the engineering services of C.T. Male Associates, P.c. (C.T. Male) to prepare plan-profiles and pursue the permits for the construction of the water line connector to the Town of Moreau, and WHEREAS, Town Water Superintendent has advised the Town Board that C.T. Male completed the services authorized by Resolution No. 136.2000 and now recommends that the Town Board again authorize engagement of the engineering services of C.T. Male to complete the design, prepare contract documents and provide assistance during the bidding process for the construction project for a lump sum fee of $6,400 plus reimbursable expenses not to exceed the amount of $1,500 as delineated in C.T. Male's Proposal dated January 10th, 2001 and presented at this meeting, and WHEREAS, that it is the Town Board's understanding that the Town of Moreau will reimburse the Town of Queensbury for this engineering work in accordance with the Intermunicipal Agreement between the Towns, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of the engineering services of C.T. Male Associates, P. C. to complete the design, prepare contract documents and provide assistance during the bidding process in connection with the construction of a water line connector to the Town of Moreau for an amount not to exceed $6,400, plus reimbursable expenses not to exceed $1,500, as delineated in c.T. Male's Proposal dated January 10th, 2001 to be paid for from the Capital Project Fund #122, "Moreau Water Connection Capital Project", and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent 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 22nd day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Brewer, Mr. Turner NOES None ABSENT: Mr. Stec, Mr. Brower RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LITTLE LEAGUE RESOLUTION NO. 45.2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Queensbury Little League, and WHEREAS, 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 between the Town and the Queensbury Little League and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 22nd day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec, Mr. Brower DISCUSSION HELD BEFORE VOTE ON RESOLUTION: COUNCILMAN BREWER-Requested that the contract be amended to reflect under Payments one, two and three approval by the Town Board be inserted. . . Board members agreed to the amended contract. . . RESOLUTION AUTHORIZING FILING OF APPLICATION FOR STATE ASSISTANCE FROM HOUSEHOLD HAZARDOUS WASTE STATE ASSISTANCE PROGRAM AND SIGNING OF ASSOCIATED STATE CONTRACT UNDER APPROPRIATE LAWS OF NEW YORK STATE RESOLUTION NO.: 46.2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, New York State provides financial aid for household hazardous waste programs, and WHEREAS, the Town of Queensbury, herein called the Municipality, has examined and duly considered the applicable laws of New York State and the Municipality deems it to be in the public interest and benefit to file an application under these laws, and WHEREAS, it is necessary that a contract by and between the People of the State of New York, herein called the State and the Municipality be executed for such State Aid, NOW, THEREFORE, BE IT RESOLVED, by the Queensbury Town Board that: 1. The filing of an application in the form required by New York State in conformity with applicable laws of New York State, including all understanding and assurances contained in such application is hereby authorized. 2.The Town Supervisor or his designee is authorized and directed as the official representative of the Municipality to act in connection with the application and provide such additional information as may be required and to sign the resulting contract if such application is approved by the State. 3. The Municipality agrees that it will fund the entire cost of such household hazardous waste program and will be reimbursed by the State for the State share of such costs. 4.Five (5) certified copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation together with a complete application. 5.This Resolution shall take effect immediately. Duly adopted this 22nd day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Brewer, Mr. Turner NOES None ABSENT: Mr. Stec, Mr. Brower DEPUTY SUPERVISOR TURNER-Resolution No. 5.4 regarding Employee Handbook on the agenda is hereby pulled because there are two members of the board that are not present. RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 47.2001 INTRODUCED BY: Mr. Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Turner 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 2001 Town Budget as follows: COMPTROLLER: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-8989-4455 (Prof. Health Serv.) 2,000. 01-1315-4220 (Training & Educ.) 01-1430-4221 (College Tuition Reimb.) 1,200. Duly adopted this 22nd day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec, Mr. Brower RESOLUTION DESIGNATING LEWIS STONE CHAIRMAN OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO.: 48.2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ted Turner WHEREAS, the Queensbury Town Board has received the Queensbury Zoning Board of Appeals' recommendation for its year 2001 Chairman and the Town Board now wishes to designate Lewis Stone as Chairman of the Zoning Board of Appeals for the year 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates Lewis Stone as Chairman of the Town's Zoning Board of Appeals for the year 2001. Duly adopted this 22nd day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Brewer, Mr. Turner NOES None ABSENT: Mr. Stec, Mr. Brower RESOLUTION AUTHORIZING FREE TIRE DISPOSAL DAY AS AMENDED RESOLUTION NO.: 49. 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Solid Waste Facilities Operator has recommended that the Town Board authorize the free disposal of tires for one day on Saturday, April 14th, 2001, at the Town's two Transfer Stations for Town of Queensbury and City of Glens Falls residents only, and WHEREAS, the Town Board wishes to authorize the free tire disposal day, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the free disposal of up to eight (8) tires per family for Town of Queensbury and City of Glens Falls residents only for one day on Saturday, April 14th, 2001 from 7:30 a.m. to 3:00 p.rn. at the Town of Queensbury's two Transfer Stations, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town's Solid Waste Facilities Operator to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 22nd day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec, Mr. Brower Discussion held before vote: Board agreed to change the number of tires being accepted from four to eight.. . Councilman Brewer-Noted that large numbers of tires being accept from one source should not be accepted. . . Deputy Supervisor Turner noted that Mr. Coughlan has been notified of that. RESOLUTION AUTHORIZING KERRIE HATIN TO CARRY OVER UNUSED DAYS OF VACATION TIME RESOLUTION NO.: 50. 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Deputy Court Clerk Kerrie Hatin has requested Town Board approval to carry over five and one-half (5\12) vacation days beyond her employment anniversary date, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Kerrie Hatin to carry over five and one-half (5\12) vacation days to be utilized prior to December 31, 2001. Duly adopted this 22nd day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Brewer, Mr. Turner NOES None ABSENT: Mr. Stec, Mr. Brower Discussion hold: Comptroller Hess noted that Carol Finamore is not applicable to this proposal she is an exempt employee now and her vacation accural has changed, you do not need approval for her. . . Kerrie Hatin is subject to this she needs approval the only comment I would make the Board has never granted over 90 days carry over, it is usually sixty but there have been cases where, this is a full year carry over and that has never been done. COUNCILMAN MARTIN-Noted he will strike it removing Carol Finamore's name and I appreciate Henry's comment but given the circumstances I always look at these on a case by case basis. Board agreed to the change of removing Carol Finamore's name....COUNCILMAN BREWER- She does not lose that time does she? COMPTROLLER HESS-She carries over by policy. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH WARREN SNOWMOBILE CLUB RESOLUTION NO. 51.2001 RESOLUTION PULLED INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer Discussion held: TOWN COUNSEL HAFNER-You may want to wait until Dan and Dennis are in, they are the only two we have heard from on this... Spoke on the changes in the agreement PAGE 2 "The Snowmobile club agrees to continue to adequately mark and maintain the trails in the Town of Queensbury, he just shorten that. Then the Snowmobile Club shall use trail markers, orange snow fencing and signs to ensure delineation of trails clearly visible to operators of snowmobiles and this is an added part, and to discourage access to all unauthorized side trails. They are concerned about what happened last winter and one of the things Dan talked about was he wanted to use prevent and we thought that discourage was a better word because, they do not have control over what the snowmobiles, they only have, the can only advise or suggest. The next sentence was the Snowmobile Club also agrees that the sole snowmobile parking area in the Town of Queensbury shall be at the existing parking lot on West Mountain Road. That is just to state that is where we intend people to have access to the trails is they do not live right on thern. Board agreed to pull the resolution. WHEREAS, the proposed Policy has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts, authorizes and directs implementation of the Sick Leave Bank Policy presented at this meeting to be made available to full-time, non-union employees, which bank will accept voluntary contributions of unused sick leave from full-time non-union employees from which eligible employees can draw on after exhausting his/her own leave for the employee's own serious illness or injury, and RESOLUTION AUTHORIZING IMPLEMENTATION OF VOLUNTARY SICK LEAVE BANK AS AMENDED RESOLUTION NO.: 51. 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 430,1999 the Queensbury Town Board authorized implementation of a temporary, voluntary sick leave bank to be made available for a certain ill employee, which bank accepted voluntary, one-time contributions of unused sick leave from Department Managers and non-union employees from which the employee could draw on after exhausting his own leave for the purpose of a medical emergency, and WHEREAS, the Town Board also authorized at that time the Town Supervisor and Town Comptroller to explore sick leave banks to be made available to future participants under terms to be established by the Town Board, and WHEREAS, a Sick Leave Bank Policy (Policy) has been presented to the Town Board and the Town Board wishes to authorize the Policy in order to provide a secondary source of sick leave for eligible employees who have not been able to accumulate a personal sick leave reserve, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to distribute copies of the Sick Leave Bank Policy to all eligible employees, sign any documentation and take such other and further action as may be necessary to implement the Sick Leave Bank Policy and effectuate the terms of this Resolution. Duly adopted this 22nd day of January, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec, Mr. Brower Discussion held: COUNCILMAN BREWER-Thanked Mr. Hess for his work. COMPTROLLER HESS- In the first resolved that the word adopt be inserted there. The Queensbury Town Board hereby adopts, authorizes and directs implementation..this is the first time it has been adopted. Agreed to by the Board... RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: _ OF 2001 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED, "DISPLAY OF OFFICIAL STREET ADDRESS" RESOLUTION NO.: 52.2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _, 2001 to add a new Chapter to the Queensbury Town Code to be entitled, "Display of Official Street Address," which Chapter shall require the prominent display of Town residents' street addresses originally assigned by the Warren County Sheriffs Department, subsequently by the Town of Queensbury Director of Building and Codes, for the 911 emergency telephone system, and WHEREAS, such legislation is authorized in accordance with New York State Town Law ~130(15) and Municipal Home Rule Law ~1O, and WHEREAS, prior to adoption of the Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury at 7:00 p.rn. on February 5th, 2001 to consider proposed Local Law No.: _ of2001, hear all persons interested and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the attached Notice of Public Hearing as required by law. Duly adopted this 22nd day of January, 2001, by the following vote: AYES Mr. Martin, Mr. Brewer, Mr. Turner NOES None ABSENT Mr. Stec, Mr. Brower 4.0 TOWN COUNCILMEN'S CONCERNS COUNCILMAN BREWER-Questioned the street lights. DEPUTY SUPERVISOR TURNER-Street lighting on VanDusen and Harold Drive, cut outs are installed on that pole and we would not be able to maintain proper clearance from the Street lighting bracket.. . noted that is why it is not going there. It is proposed to install a pole either northwest or southwest corner of this intersection. Cost 178.32 COUNCILMAN MARTIN-Questioned if Chris was aware of the number interested in the smart growth task force? EXECUTIVE DIRECTOR ROUND-No, I have not seen the Supervisor to talk to him about it. COUNCILMAN MARTIN-Asked that Director Round form a mission statement. Also, with the agreement of the Common Council a hundred and twenty day time frame on that to report back. COUNCILMAN BREWER-Questioned how the land trust is coming? COUNCILMAN MARTIN-Noted that they have had their first 2001 meeting already. They are in a position to actually take property, are they not? TOWN COUNSEL HAFNER-Yes. They have been in existence since October, they have had meetings, if you remember it was formed with three individuals who formed the corporation and then the board was created and there are currently I believe eight members on the board. I went to the meeting in December to answer some legal questions that they had and in my opinion you have a very strong board there. A good group of people and they have a wide variety of skills that they bring to the table. COUNCILMAN MARTIN-Questioned that they had to wait for an incorporation step to be taken? TOWN COUNSEL HAFNER-They are up and running, they have not yet gotten tax exempt determination letter. . .as long as you apply within fifteen months of when you start it will go back to when you started. ..will be filed sometime in March. They can start taking property, they can start doing actions, I believe they intend to come before you with their mission statement, sometime in the next couple of months. COUNCILMAN BREWER-Questioned if they meet on a regular basis? EXECUTIVE DIRECTOR ROUND-Yes. second Thursday of every month. COUNCILMAN MARTIN-Asked to have a print out of all Town owned properties, at a workshop we could look at the types of property in town ownership per se that might be eligible to be conveyed to the trust. Also give that list to the Land Trust Board. TOWN COUNSEL HAFNER-Noted property transferred from the Town noted conditions or terms should be set, if not met the property is returned to the Town. COUNCILMAN MARTIN-At their convenience any time they would like to talk about management, what they might need for staffing, proper administration or assist with that. EXECUTIVE DIRECTOR ROUND-Noted that they want to formally present to the Town Board... it is a considerable effort that they have spent already organizationally. They have a draft budget, there are a couple of opportunities to share staff with some other organizations in the community, they do not know what their mission yet is they all have different opinions but that is part of a public outreach process, what lands do we what to preserve, how are we best suited to do that, they have to start raising funds, there are a lot of things they want to do. In the next month or two they will come to you. COUNCILMAN BREWER-Questioned how this will be done, another function of the town? EXECUTIVE DIRECTOR ROUND-Preservation of open space is a defined public purpose, and just like you fund not for profits like Little League etc. TOWN COUNSEL HAFNER-They will provide certain services to the Town, in administering properties that the town has. EXECUTIVE DIRECTOR ROUND-Noted that the Town Recreation Commission is part of this process, there is a role that the Commission is empowered to fulfill at the Town that they could delegate to the Land Trust and Preservation of Open Space is actually identified under town law under the Recreation Commission purposes and so a portion of their funds could be utilized for that purpose. COUNCILMAN MARTIN-The Capital Program, are we getting close? COMPTROLLER HESS-You will see a report before your next meeting. COUNCILMAN BREWER-Re: DEC letter regarding carrying fire arms on Town property... the letter questioned where it excluded people carrying guns across town property for duck hunting? Will get a copy of the letter to the board members. . . and Town Counsel. TOWN COUNSEL HAFNER-Noted he will review the letter and get back to the board... DEPUTY SUPERVISOR TURNER-Asked for further comments.. .none... 8.0ATTORNEY MATTER NONE 9.0EXECUTIVE SESSION NONE RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 53.2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 22nd day of January, 2001 by the following vote: AYES: Mr. Martin, Mr. Brewer, Mr. Turner NOES: None ABSENT: Mr. Stec, Mr. Brower Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury