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2001-02-28 REGULAR TOWN BOARD MEETING FEBRUARY 28TH, 2001 MTG#8 RES# 87-108 7:05 P.M. B.H.7-9 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY W ASTEW ATER DIRECTOR, MIKE SHA W HIGHWAY SUPERINTENDENT, RICHARD MIS SIT A DEPUTY HIGHWAY SUPERINTENDENT, MIKE TRAVIS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND FACILITIES MANAGER, CHUCK RICE SUPERVISOR'S EXECUTIVE ASSIST ANT, ROBERT LA VERY SENIOR PLANNER, MARILYN RYBA PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DANIEL STEC SUPERVISOR BROWER-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 87,2001 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. TIM BREWER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and moves into the Queensbury Board of Health. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None PUBLIC HEARING - MICHAEL AND HOLLY DANSBURY NOTICE SHOWN OPENED 7: 10 P.M. CHARLES SCUDDER, CONSULTING ENGINEER AGENT FOR THE MICHAEL AND HOLLY DANSBURY MR. SCUDDER-Mr. Supervisor you have Exhibits in front of you. It shows exactly what we want to do. I think it's in keeping with the disposition of the board expressed at the last meeting and I would ask the board to pass on it. SUPERVISOR BROWER-How many feet from the well is the proposed system now? MR. SCUDDER-From the well that we were concerned about is seventy-six point two it is dimensioned on the drawing. COUNCILMAN BREWER-And that reduces the other, in effect this makes it a less variance than you asked for at the last meeting right? MR. SCUDDER-It is a more favorable arrangement instead of being sixty-seven it's almost seventy-seven. COUNCILMAN BREWER-I see he has the relief statement from the neighbors. MR. SCUDDER-All of the neighbors including the Donahue's who I was able to locate in Florida since the last meeting. SUPERVISOR BROWER-I guess it's a little surprising to me that neighbors would sign off being that a septic tank is less than a hundred feet from their well, but that being the case..... MR. SCUDDER-I should say one thing about that well that concerns the board. At ground level that well is at least ten feet higher at ground level than the place where we want to put the absorption system. So the gradient at least on the ground is down is downhill and, of course, the gradient is toward the lake the ground water gradient I mean. SUPERVISOR BROWER-Anything else to add? MR. SCUDDER-Unless you have some questions. SUPERVISOR BROWER-Any questions from the board at this time? Thank you sir. We'll ask the public for comment at this time. If there is anyone in the audience that would like to comment on this application please come forward at this time. Please introduce yourself; state your name and address please for the record. PHIL HAAKENSON-I represented the Dansbury's at the Zoning Variance hearing here last Wednesday. Of course, I'm in favor of this improvement to the property. I mentioned that at the other hearing I was a bit overwhelmed with the process here for a forty-eight square foot addition dormer, which I guess we talked about at one point, and all the things that come along with that. The Dansbury's have been very cooperative even though their existing system was tested a year ago and found to be fine they decided that along with everything else they might as well plan to update now and do everything they can to cooperate. The only concern that they expressed to me that they would like to and I don't know I think Dave Hatin had mentioned something to the effect that one tree might need to be removed. I think you have pictures that is about an eighty five to hundred foot nice oak tree that they just wanted to be sure we could work around and save. This afternoon I measured with Mr. Scudder and we believe that we ca work safely around that and save the tree. If it was thirty five feet from the lake the environmentalist would say no way you could cut that tree down and I would like to at least see if we could save that in the process and ask that you pass the resolution. SUPERVISOR BROWER-Thank you sir. Would anyone else like to comment on the application before us, Mr. Salvador? JOHN SALVADOR-I'm concerned with the granting of a variance on the separation distance from the well to the infiltration system. I think you should bear in mind that such a variance is commonly referred to as a waiver. It's a wavier from a designed standard. There is good reason for having a hundred-foot separation distance. There are a lot of unknowns underground. This hundred feet comes about from a lot of past experience and it's the best judgement of the New York State Health Department that this is the perimeter we should use. I frankly don't think you have the authority to wavier from it and I would caution you in considering that. The neighbors aren't commenting, of course, the neighbors aren't commenting they have the same problems small lots and trying to put these facilities on site it's just not laid out for it. The conditions are not such that it was meant to have on site wastewater and well water. The thing you fail to do in these applications is to review the accumulative impacts. What f everybody around that lake does the same thing what have we've got that accumulative impact is something you are suppose to consider. This project as I mentioned before is an ideal situation for a holding tank it's permitted providing the dwelling is limited to seasonal use. It's in the code, it's there, it's there for a reason and I think you should make use of it and this instance. This facility should go on a holding tank for everyone's protection and the occupancy should be limited to seasonal use. SUPERVISOR BROWER-Anyone else care to address the Town Board on this matter? Seeing none I will close the public hearing at this time and ask Town Board members if they have any comments or questions? PUBLIC HEARING CLOSED 7:15 P.M. COUNCILMAN BREWER-Questioned if the Zoning Board did a SEQRA on this or if it is required? ATTORNEY HAFNER-Doesn't believe we've done this is the past. MR. SCUDDER-Noted SEQRA was part of the application. COUNCILMAN BREWER-Noted it has to be done. SUPERVISOR BROWER-Asked Mr. Round if this had to be done. EXECUTIVE DIRECTOR, MR. ROUND-Noted the ZBA has issued a SEQRA review for the area variance request noting they would need to do it. COUNCILMAN MARTIN-It is an unlisted action. The applicant has made an attempt to do what we've asked. COUNCILMAN BREWER-Noted it is a lot better than what he came here with has accomplished what we've tried to. COUNCILMAN STEC-Agreed. SUPERVISOR BROWER-Noted for the most part they have asked for holding tanks on projects of this nature when they are less than a hundred foot separation between a septic tank and well. COUNCILMAN STEC-When they have done this they have been significantly closer than seventy-seven or eighty. COUNCILMAN TURNER-Questioned if it would be used as seasonal? MR. SCUDDER-Expects when they retire they will be around more often. ENVIRONMENTAL ASSESSMENT 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? Yes, potentially minor. 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 ofland 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 C l-C5 ? No. C7, Other impacts (including changes in use of either quantity or type of energy)? No. 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 APPROVING SEW AGE DISPOSAL VARIANCE APPLICATION OF MICHAEL AND HOLLY DANSBURY RESOLUTION NO.: BOH 7,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Michael and Holly Dansbury filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health authorize the Dansburys to locate their wastewater absorption system eighty feet (80') from their well and seventy-seven feet (77') from their neighbor's well in lieu of the required one-hundred feet (100') setback(s) and one/halffeet (1/2') from the property line in lieu of the required ten feet (10') setback on property located at 9 Hemlock Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on February 26th, 2001, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Michael and Holly Dansbury's application for variances from the Sewage Disposal Ordinance to locate their wastewater absorption system eighty feet (80') from their well and seventy-seven feet (77') from their neighbor's well in lieu of the required one-hundred feet (100') setback(s) and one/halffeet (1/2') from the property line in lieu of the required ten feet (10') setback on property located at 9 Hemlock Road, Queensbury and bearing Tax Map No.: 43-2-19, 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 and/or Department of Community Development to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation and that the Queensbury Town Board determines that the action will not have a significant effect on the environment. Duly adopted this 26th day of February, 2001 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin NOES: Mr. Brower ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM CROWELL RESOLUTION NO.: BOH 8, 2001 INTRODUCED BY: Mr. Theodore Turner 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 issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, William Crowell has applied to the Local Board of Health for a variance from Chapter 136 to install an absorption field ninety-five feet:!: (95':!:) from Lake George instead of the required one-hundred feet (100') setback on property located at 20 Holly Lane, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on March 19th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider William Crowell's sewage disposal variance application concerning property located at 20 Holly Lane, Queensbury (Tax Map No.: 6-3-5) 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 ofMr. Crowell's property as required by law. Duly adopted this 26th day of February, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.9, 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 the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES: None ABSENT:None PUBLIC HEARINGS ABANDON PORTION OF CLIFFORD AVENUE NOTICE SHOWN 7:25 P.M. OPENED ATTORNEY MICHAEL O'CONNOR REPRESENT GLENS FALLS LEHIGH CEMENT COMPANY ATTORNEY O'CONNOR - We have asked you to consider abandoning a portion of an unused road that is on the south side of Warren Street north side of the canal and is totally surrounded by lots or parcels that are owned by the Cement Company. It's a portion of the roadway, which has not been used for any time by the public for sometime. I understand that in passing this through the departments in the Town it was recognized that there is a water line that runs down this road. It has been suggested and the Cement Company has no problem with this being conditioned upon the Cement Company granting to the Town a twenty foot easement for purposes of maintenance or however they want to word it. The purpose of this request is to provide security to a parking lot that's at the end or at the junction of what was this former town road. It's an area where people that are working the night shift do park vehicles and from time to time they've had difficulty because it's kind of away from other activities on the plant site ifthere is public access back in there, there can be mischief. It serves no purpose that we're aware of. We did do a survey for you and we did submit that I don't know if the board has it I have a copy of it here. This is I think currently known as Clifford Avenue or at least that's my understanding. We did try to find the history of the road and we found that on the 1963 Inventory of Roads in the Town it was listed as Item #9 under the name Cement Works, but that's the same parcel, same piece that we're talking about. I guess I would also say and I don't the timing of it, but the end of the road that is to the west on Warren Street has been blocked offfor some time. If you went down to look to see where this was there are piles of crushed stone, rubble that make that impassable it has been impassable as far as I can remember. SUPERVISOR BROWER-My understanding is the water line is on that road because at one time the Cement Company wanted to have an option to be able to utilize Queensbury water as opposed to Glens Falls water if the need arose in the future so who knows maybe that will happen one day. ATTORNEY O'CONNOR-When somebody mentioned that there was a hydrant there I went down to look at it it's right at this corner right here I can show you on the map where it is. I presume it comes down the old roadway there was until sometime last year or the year before a single family house on a portion of the property that lies between the roadway and Warren Street that the Cement Company bought that was serviced off of Warren Street though. I think this is just a line run in as you indicated for the potential that they might use Queensbury water. COUNCILMAN BREWER-Does that line get flushed or whatever frequently it does every year? SUPERVISOR BROWER-They flush that hydrant for the southern end of that system. ATTORNEY O'CONNOR-They have it staked like the other hydrants in the Town. Although, I don't think the Highway Department actually plows this portion of the road I think the company plows the road. SUPERVISOR BROWER-An questions for Mr. O'Connor while he's at the podium? Thank you, Mr. O'Connor. At this time I'll open the public hearing would anyone care to comment on this particular item? WATER SUPERINTENDENT, MR. VAN DUSEN-Certainly I have no problem if the Town Board chooses to abandoned the road and switch over an easement for protecting our ability to go in and maintain the water line. I would ask that they condition that on providing the Town with a survey map indicating exactly where the easement is and the water line is in relationship to their property lines. I think that will make things a lot smoother down the road someday if we do have to work there. SUPERVISOR BROWER-So your recommendation is that we require a survey map showing the easement pertaining to the road? WATER SUPERINTENDENT, MR. VANDUSEN-Correct. SUPERVISOR BROWER-Thank you sir. We'll definitely take that into consideration. Would anyone else care to comment on this particular application at this time? COUNCILMAN BREWER-Can I ask Rick one question? SUPERVISOR BROWER-Certainly unless someone else would like to comment on this I'll close the public hearing portion of this and open it up to...... ATTORNEY HAFNER-I would think that you would want input from the Rick the Highway Superintendent. SUPERVISOR BROWER-In that case I won't close the public hearing. ATTORNEY HAFNER-I would think that would be part of what they're looking for. HIGHWAY SUPERINTENDENT, MR. MISSIT A-The road basically up until approximately seven years or so ago serviced as Mr. O'Connor pointed out a parking lot. It was road that was just a loop from lower Warren back to lower Warren and the house that was there their driveway was off of this road. When the house was removed there was no need to go back in there. Basically when we did maintain it we're maintaining the Cements Works parking lot. We haven't been in there well over seven to ten years so there is really no use for us as Highway it would come off our lists of roads at this point. COUNCILMAN BREWER-That was my question how long ago was the last time you did anything back there? HIGHWAY SUPERINTENDENT, MR. MISSIT A-At least seven to ten years ago. The pile of material that Mr. O'Connor is talking about has been there at least ten years on the lower end near the overpass coming in from the City into the Town it was blocked off Paul put that there about ten years ago. COUNCILMAN BREWER-We put that there? HIGHWAY SUPERINTENDENT, MR. MISSITA-Yes he did. SUPERVISOR BROWER-Thank you Rick. On second thought I think we'll leave the public hearing opened and I recommend to the board that we not take action on this item this evening and move on. COUNCILMAN BREWER-Does Mike understand why? ATTORNEY O'CONNOR-No. COUNCILMAN BREWER-I knew that was coming it's only fair to let him know why. COUNCILMAN STEC-I think in fairness to the previous boards I think our board was pretty critical of I don't know how similar it is but a similar kind of closure that occurred and I don't see any sense of urgency here to act on this tonight. I know that we've got all of our regulars here tonight and they are active and they are very participative in the community. I just assume give everyone the chance to make sure that if anyone's got any two cents they want to throw in it's too bad the paper is not here we'll wait. I'm sorry he is here let's wait the week or so until or next regular schedule meeting and that if anyone uses this as a critical road to remain open..... ATTORNEY O'CONNOR-I have no objection how's that. I have no objection and I have no problem with Mr. Van Dusen apparently he is going to locate on the ground where his piping is. Then I'll have Van Dusen & Steves incorporate that into our survey so that we can do a description twenty foot wide and we do it the same as any other standard town easement. COUNCILMAN BREWER- I would also add Mike we don't know if its Clifford or Cement Works. ATTORNEY O'CONNOR-Also known as I think covers you. ATTORNEY HAFNER-Yeah that's another reason to let people who know it as another different name. ATTORNEY O'CONNOR-I don't think anyone knows it as Cement Works. I wouldn't of except I keep this 1963 resolution in my office for a lot of different reasons. We thank you for your consideration. MR. SALVADOR-After hearing Mr. Missita mention the seven years and your experience from Fuller Road you should know that only the public can abandon a road if there is public use in that road only the public can abandon it's rights so you should not use this word abandoned. You can discontinue a road providing you own the feet in the road. Ten years is the requirement if the public has abandoned its right to use and the Highway Superintendent has not maintained the road for a period of ten years then it is an automatic abandonment in the law you don't have to take any action that's it. ATTORNEY HAFNER -You are following things in accordance with the law and we've got it tailored out it's the procedure to take. PUBLIC HEARING TO REMAIN OPEN PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS NYS SMALL CITIES GRANT NOTICE SHOWN OPENED 7:35 P.M. SENIOR PLANNER, MARILYN RYBA PRESENT BOB MURRAY, SHELTER PLANNING MAP PRESENTED TO PUBLIC SENIOR PLANNER, MRS. RYBA-Ijust handed out a few words in reference to the public hearing for Community Development Block Program Small Cities Program actually grant application process for the Town of Queensbury. There are extra copies available up front I know a few people in the audience picked them up, but if anyone else would like one, I will leave it to my right. I'm here for two reasons one is that this is a required process there are actually two public hearings that are required when applying for Community Development Block Grant Funds. The first is to get pubic input and to let the public know in general what the program is about and some of the eligible activities. The second is to pass by the Town Board a few of the thoughts that we've had. As you know last year we did apply for what's called a Comprehensive Application for housing improvements, public facilities improvements for the road and that grant application was not funded. Since then Shelter Planning whose represented here tonight y Bob Murray and the Community Development Department did speak with the New York State Small Cities Program in the office of the Governor and the advice that was given to us was to go forward with the single purpose grant application for housing improvements only so that is a little of what our thinking is. First, I'll just go through some the requirements in terms of the general program to let the public know that there is fifty million dollars available this year for fiscal year 2001. Housing purposes will be funded to the tune of about forty-percent of that amount money, Economic Development thirty percent, Public facilities twenty five percent. Then Contingencies, Administration and Technical Assistance making up the last five percent. Units of local governments including cites, villages, towns, and counties are the eligible applicants. In some instances a non-profit could ask a municipality to apply on their behalf, but it's still the municipality to apply on their behalf, but it's still the municiality that has to apply. A single purpose grant application is just as it says it's for one single purpose whether its housing, public facilities or economic development. There is a maximum application amount of four hundred thousand dollars for a municipality six hundred thousand for a county or a joint application and that needs to address a specific community development need. As I discussed earlier one community development need that was seen last year was to do some housing improvements in a particular area in the Town of Queensbury and I'll get into that later. Comprehensive Grant, which would address more than one of these activities were allowed to apply for up to seven hundred and fifty thousand dollars. The entire purpose of the Community Development Block Grant Program is to meet one or more several national objectives and that is we need to address at least fifty one percent of the beneficiaries in anyone of these activities that have lower moderate incomes. I have attached the most recentlow moderate-income schedule to your handout. Low moderate income is considered eighty percent of the median for the area so it's not necessarily very low incomes although these income guidelines are categorized into low and very low as well. That's one of the objectives that the state has identified is that they would really like to see programs address the lower income end of the incomes in a category whether it is for housing or economic development. The other national objective is to address areas of slum and blithe. The third is funds can address problems with constitute an immediate threat to health or safety this last one is rarely used. Eligible activities really run the gambit of almost anything you can think of in terms of community development. Whether it's for housing improvements, whether it's for a construction of public works, or facilities including any kind of clearance or demolition that would be involved. Some communities use their funding or funds for daycare, recreation needs, daycre for example in conjunction with economic development. There are a number of other items let's say for example there were to be some demolition because of blithe funds could be used to put homeowners up until new homes were built those types of things so that's the basics. At this point it's just to get input from people if there are any particular needs that people see in the community we'd love to hear about it. Although as I said we do have some ideas for this particular grant application, but also we'd like to hear what other people have to say because certainly there is an opportunity year after year to apply for these monies. With that said I'll just go into a little bit about the ideas that we have at this point. I did this quick little map and I don't know if the audience can see it can all the Town Board members see it okay? It's the same map that we used last year. There is an area we've identified in West Glens Falls east of the Northway. Looking at some of the 1990 census data we don't hve 2000 census data yet to look at income levels, but we have some income levels here not that anyone particular property owner is identified but the census does have something called Track. We can look at some of these census tracks and it really covers a much larger area than this particular neighborhood and that shows to be within that range, but more importantly there are quite a few homes that we've taken a look at that look like they are in need of housing improvement. In fact, last year as part of the application we did income surveys, which will be going out shortly once I get all the input from this meeting. Then we followed up a little bit with Shelter Planning actually going in and talking with people in looking at some of the code actually they're called housing quality standards its HUD's standards it's not a town building code standard looking at some basic needs. There are two neighborhoods and we're really not quite sure which neighborhood we're going to do I think a lot will depend on income surveys and looking at the general conditions. One is here which is east of Veterans Road and the other is west of Richardson Street those are both identified. What we're looking at is with four hundred thousand dollars we could do fifteen to eighteen houses for improvement in that in either one of those areas at a cost of about twenty to twenty-two thousand dollars each which is actually close to seven thousand dollars more than what was targeted last year, but that's because we have lead base paint requirements this year that have to be addressed. That's really it in a nutshell applications are due April 23rd, and we do have another public hearing scheduled for April 3rd. I'll leave it at that if anyone has any questions I'd be happy to address them. COUNCILMAN BREWER-When we did this application we had a very high rate of success as far as applications coming back to the Town. I don't remember exactly what those numbers were, but it was upwards of sixty or seventy- percent responds that really want to apply for this type of a grant. It's not a gift it's something that the people need and if we can help them I'm certainly in favor of it. SUPERVISOR BROWER-Marilyn we applied for a Comprehensive Grant last year correct and this year it's a single purpose grant? COUNCILMAN BREWER-Yes. COUNCILMAN MARTIN-That's what they are recommending. COUNCILMAN BREWER-The State recommended that you use a single purpose because the Comprehensive was too tough, I guess. SENIOR PLANNER, MRS. RYBA-Right. There was a lot of tough competition with the Comprehensive Grant. We thought we had a good application because of the Veterans Field Industrial Park the fact that there will be improved sewer and road improvements to the Main Street area. The indication we got from the State was that it's a fine application, but go ahead with the single purpose you'll do better. SUPERVISOR BROWER-Would anyone in the audience care to comment at this time? Any comments? Being none I'll guess I'll leave this public hearing opened. COUNCILMAN BREWER-No you close it. COUNCILMAN MARTIN-You close it there is a second one required on April3rd you said? SENIOR PLANNER, MRS. RYBA-Yes. SUPERVISOR BROWER-One last chance anyone care to comment? Being none we'll close the public hearing. SENIOR PLANNER, MRS. RYBA-Also wanted to mention that in one of your resolutions it's for Shelter Planning. Shelter Planning has agreed to submit this grant application on behalf of the Town of Queensbury at no charge. The resolution we put together asks that no more than five hundred dollars be allocated to reimburse them for costs. We did apply for a Technical Assistance Grant of twenty five hundred dollars to put this application together so that's two thousand dollars that can help pay for costs incurred by the Community Development Department. PUBLIC HEARING CLOSED 7:50 P.M. CORRESPONDENCE DEPUTY CLERK O'BRIEN-Read the following letters into the record. December 11, 2000 Mr. Dennis Brower Town of Queensbury, Supervisor Bay & Haviland Roads Queensbury, NY 12804 Re: PUBLIC HEATH OFFICER REPORT 2000 Dear Dennis: Department activities of the Public Health Officer this year included multiple site visitations which included public health nuisance or health hazards. Comments and letters required clean up activities throughout the community. Specific details of these site visits have been further included by myself or David Hatin who I worked closely with through this year with the Code Enforcement Department. Other duties included site visits for septic evaluations and response to concerns the Town had at various possible septic leaks with site evaluations, more specifically along the Queensbury sewer line off of Bay Road. Again, specific details are available through the reports of David Hatin at the Code Enforcement Department. Also associated with the position was the review of all-animal bites and animal problems investigated by Colleen Kimble, Queensbury ACO. She communicated her concerns and response to dog bite victims and the animals associated with same. I reviewed all her correspondence and at times made personal phone calls for follow up. The job also required receiving phone calls from the Town on various health related issues ranging from flu shots to Nile River virus. Let me know if I can be of any further assistance. Respectfully Submitted, Robert L. Evan, D.O. Public Health Officer - 2000 Town of Queensbury February 22,2001 Bradley Patch 20 Greenway North Queensbury, NY 12804 To the Members of the Town Board of Queensbury: Community Planning should be ethical; as in moral and principled. For example, a generally understood and advised principle of community planning is that we avoid the placement of two incompatible uses adjacent to one another. However, if you absolutely must locate two incongruent uses than you must establish a significant, meaningful buffer between the two uses so that one does not gain at the detriment of the other. A buffer should protect; this buffer should be of such substance as to mitigate most, if not all, negative impacts one land use might have upon another. Said in other words, the buffer should be big enough and sound enough to prevent the spillage of noise, light, and odors, etc. But most importantly, a land use should not deduct from visual assets of the general area, i.e. that are area incorporating the two incompatible uses. Allowing two adjacent incompatible uses should not be allowed unless the combined uses actually enhance the overall area with meaningful advantages to both, not justone. It would be difficult, if not impossible, to offer a buffer that would realistically protect adjacent uses from the cumulative impacts of the proposed 90-unit hotel. Certainly the visual impacts could never be fully mitigated. And it would be a reasonable inference that the quality of life and the adjacent home values would suffer as a result of the cumulative impacts arising from this proposal, if the board members were to allow this proposal to be realized. This request for a rezoning is substantial. The property is zoned residential! And was for two reasons: 1. Because the basic land uses surrounding this parcel are residential. 2. The Town of Queensbury's 1988 Comprehensive Land Use Plans stated the need to zone this property this way to afford the adjacent neighborhood some protection from encroaching commercialism, due to the later development of the Northway's Exit 19 and Aviation Road Corridor. Community planning ethics should direct you, members of the Queensbury Town Board to not rezone this property. Do not rezone it CR-15 (commercial residential) or HC-IA (highway commercial). Commercial residential zones allow gas stations with repair facilities, restaurants, and hotels. None of which would be transitional, nor be perceived as being transitional in this case because any of the above mentioned uses would have significant and substantial negative impacts on the adjoining residential area. The Town and Planning Boards must consider maximum impacts. After a considered and hard look at the rezoning's maximum impacts, if either board is uncomfortable with a rezoning proposal, then a rezoning should not occur. OPEN FORUM MARILYN POTENZA-Spoke to the board regarding the Cemetery and Cemetery Commission policy of not interring people on a national holiday noting this caused her family great pain with the recent loss of her husband. Asked the Town Board to look into this matter to see if this policy could be changed to save another family the heartache and pain. COUNCILMAN BREWER-Noted he will be attending the Cemetery's Commission Meeting on March 7th to see if something could be done. JOHN SALVADOR-Asked the schedule for the initiating activities on the North Queensbury Sewer Project? SUPERVISOR BROWER-Mr. Lamy would like to come to the Town Board for a Workshop in March to discuss where this left off in Queensbury and where we want to see it lead. MR. SALVADOR-Spoke to the board asking if any future finance scheme will be discussed at the meeting to be held on Wednesday concerning Crandall Library mainly the Dormitory Authority? SUPERVISOR BROWER-Any finance scheme would have to be approved by the three municipalities. MR. SALVADOR-Questioned if they would be approving the method of financing? SUPERVISOR BROWER-That's not on the agenda at the moment noted it could be put on the agenda. MR. SALVADOR-Questioned if they will be able to see an accounting of the registrations from the Town of Queensbury and the other municipalities? SUPERVISOR BROWER-Noted it is on the agenda. MR. SALVADOR-Spoke to the board regarding Resolution Authorizing Facilities Manager and Working Foreman to Use Town Vehicle for Travel between Town Hall and Personal Residence to Respond to Emergency Situations. Questioned what the definition of an emergency situation? COUNCILMAN TURNER-Noted they carry pagers and are on-call for twenty-four hours anytime. MR. SALVADOR-What is an example of an emergency? COUNCILMAN TURNER-Lights out on Quaker Road we respond to those. SUPERVISOR BROWER-Noted they handle signals in the Town. COUNCILMAN BREWER-They also check buildings in the Town. MR. SALVADOR -Noted he doesn't approve of town vehicles traveling between the town hall and home three hundred and sixty five days a year because something might happen. Questioned if this couldn't be done on a mileage basis if someone has to respond? COUNCILMAN TURNER-Noted there are other departments within the town that have been doing this for years. MR. SALVADOR-Spoke to the board regarding the purchase of the AMG building for the Highway Department. Asked the board before they purchase the building to get a Phase I Environmental Review of the site and to get an appraisal that corresponds to the results of the investigation. COUNCILMAN BREWER-Noted they have not made a determination of whether they are going to buy it. COUNCILMAN MARTIN-Noted he is in agreement. COUNCILMAN BREWER-Noted if they get to the point of purchasing the building recommended having OSHA come in tell us what has to be done and make a judgement of whether they want to do it or not. COUNCILMAN MARTIN-Noted he would recommend if they ever got to that point that any future contaminants that are found are not the responsibility of the Town of Queensbury. PLINEY TUCKER-4l DIVISION ROAD-Spoke to the board regarding the application for Stewart's. Asked the board if a stipulation could be added to the application approved for construction in the area that they be required to hook to the sewer when it comes along. SUPERVISOR BROWER-Noted Mr. Round has already addressed this with the potential applicant. TOM LEWIS, APPLICANT -Agreed. COUNCILMAN BREWER-Recommended requiring every new applicant. MR. TUCKER-Spoke to the board regarding widening the Main Street corridor. Recommended having a meeting with the residence in that area with Bill Remington and other agencies involved so they can find out what is going on with the project. COUNCILMAN MARTIN-Recommended formally inviting Mr. Remington to Town. OPEN FORUM CLOSED 8:25 P.M. PRESENT A TION MADE - TOM LEWIS REAL EST ATE REPRESENT A TIVE FOR STEWART'S ICE CREAM COMPANY, INC - LOCATION BIG BAY AND CORINTH ROAD. PLANS PRESENTED (Councilman Martin excused himselffrom this presentation) Discussion held regarding the possible rezoning of property zoned Light Industry One Acre to Commercial Residential located at Big Bay Road and Corinth Road for the purpose of building a Stewart's Ice Cream Shop. RESOLUTIONS RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY RESOLUTION NO. 88,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No. 385.2000 the Queensbury Town Board awarded the bid to Clean Harbors Environmental Services for the furnishing of all materials and performing all work necessary for the collection and disposal of household hazardous waste in connection with the Town's Household Hazardous Waste Collection Day to be conducted on Saturday, May 12th, 2001, and WHEREAS, by Resolution No. 46.2001 the Queensbury Town Board authorized the filing of an application for state assistance from the Household Hazardous Waste State Assistance Program to fund the Town's Household Hazardous Waste Collection Day, and WHEREAS, as part of the Household Hazardous Waste Collection Day activity and for the grant funding application, the New York State Department of Environmental Conservation requires that a State Environmental Quality Review Act (SEQRA) review be conducted before the Town's Hazardous Waste Collection Day takes place or funds are spent, 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 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 and/or Department of Community Development to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT:None SHORT ENVIRONMENTAL ASSESSMENT 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 C l-C5 ? No. C7, Other impacts (including changes in use of either quantity or type of energy)? No. 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 AUTHORIZING REQUEST FOR PROPOSALS FOR PROFESSIONAL LANDSCAPE DESIGN AND CONTRACTING SERVICES RESOLUTION NO.: 89,2001 INTRODUCED BY: Mr. James Martin SECONDED BY: Mr. Tim Brewer 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 was awarded a $24,400 grant from the New York State Division of Housing and Community Renewal, and WHEREAS, by Resolution No.: 29,2001 the Town Board established appropriations and estimated revenues for the grant funds, and WHEREAS, the Town's Senior Planner has prepared a Request for Proposals (RFP) to distribute to qualified contractors for professional landscape design and contracting services such services to include preparation of a landscape plan and installation of landscaping on Town-owned land located at the northwest corner of Quaker and Bay Roads, and WHEREAS, the Town Board wishes to solicit proposals for these services, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's Senior Planner and/or Executive Director of Community Development to prepare and distribute the Request for Proposals referenced in this Resolution, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Senior Planner and/or Executive Director of Community Development to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: SENIOR PLANNER, MARILYN RYBA-Noted she sent a memorandum to the Supervisor as well as Mrs. Goseline, Chairman of the Beautification Committee, and Chuck Rice, Building and Grounds. The RFP would go out noting she would like to review the proposals that come in next month. Asked that one or two persons from the Town Board be appointed to look at those when they do come in and that there would be a person that actually would work with whoever is selected as a consultant in terms of the design. RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER PLANNING & DEVELOPMENT, INC. TO PROVIDE ASSISTANCE WITH APPLICATION FOR FUNDS FROM HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS - NEW YORK STATE ADMINISTERED SMALL CITIES PROGRAM RESOLUTION NO.: 90,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury wishes to apply for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program for the purposes of community development improvements such as housing, public facilities and/or economic development, and WHEREAS, by Resolution No.: 64,2001, the Town Board scheduled two public hearings concerning its application for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program, and WHEREAS, the Town's Department of Community Development (Department) has informed the Town Board that it will need assistance to complete the funding application, and WHEREAS, the Executive Director of the Department has advised the Town Board that Shelter Planning & Development, Inc. has offered to assist the Department with the grant application at no cost, with the exception of being reimbursed for mailing and production costs of the application, and WHEREAS, a proposed Agreement between the Town and Shelter Planning 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 authorizes and directs the engagement of Shelter Planning & Development, Inc., to provide grant application assistance in connection with the Town's application for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program, and BE IT FURTHER, RESOLVED, that it is the Town Board's understanding that Shelter Planning & Development, Inc. will provide the assistance at no cost except to be reimbursed for mailing and production costs associated with the grant application at a cost not to exceed $500, and BE IT FURTHER, RESOLVED, that payment for the expenses shall be paid from the New York State Community Development Technical Assistance Grant Program funds #2000-203 account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement between the Town and Shelter Planning and further authorizes the Town Supervisor and/or Community Development Department to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of February, 2001 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES: None ABSENT:None RESOLUTION AMENDING RESOLUTION NO.: 66,2001 REGARDING ESTABLISHMENT OF APPROPRIATIONS AND ESTIMATED REVENUES FOR LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUNDS RESOLUTION NO.: 91,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 66,2001 the Queensbury Town Board established appropriations and estimated revenues in the amount of $70,447 from Local Government Records Management Improvement grant funds received by the Town of Queensbury, and WHEREAS, upon further review the Town Comptroller's Office has advised that estimated revenues were already included in the Year 2001 Adopted Budget, and WHEREAS, the Town Board wishes to therefore amend Resolution No. 66,2001 to delete that portion of the Resolution which established additional estimated revenues and appropriations, and WHEREAS, the Town Board also wishes to transfer funds from the Contingency Account to various computer accounts to set appropriations for the grant moneys, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 66,2001 such that the portion of the Resolution establishing appropriations and estimated revenues is deleted, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the transfer of funds in the amount of $70,447 from the Contingency Account No.: 001-1990-4400 to the Computer Hardware Account No.: 01-1680-2031 in the amount of $6,152 and to the Computer Software Account No.: 001- 1680-2032 in the amount of $64,325 and amends the Year 2001 Budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 66,2001 in all other respects. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED INCREASE IN FEES ASSOCIATED WITH CERTAIN TOWN OF QUEENSBURY LAND USE APPLICATIONS RESOLUTION NO. 92,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with ~ 179-102 of the Town Zoning Ordinance, the Town Board may establish fees associated with the land development application process, and WHEREAS, the Town's Department of Community Development charges certain fees as authorized by the Town Zoning Ordinance, and WHEREAS, by Memoranda dated December 4th, 2000 and January 29th, 2001, the Executive Director of Community Development has advised the Town Board that upon review of the Town's current fee structure and fee structures for 10 other communities, he recommends that the Town Board raise certain fees associated with the land development application process as specifically set forth in the Proposed Fee Schedule dated February 22nd, 2001 presented at this meeting, and WHEREAS, the Town Board wishes to set a public hearing concerning the proposed rate Increases, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on March 19th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning proposed rate increases associated with the Town of Queensbury land development application process, such proposed fee increases to be effective April 30th, 2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper in the manner provided by law. Duly adopted this 26th day of February, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT:None (Councilman Brewer left meeting) RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS CONCERNING INCREASE IN FEES ASSOCIATED WITH TOWN OF QUEENSBURY BUILDING PERMIT PROCESS RESOLUTION NO. 93,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Town of Queensbury Ordinance No. 30 and its subsequent Amendments provide in Section 5 for fees to be charged in connection with applications for the issuance of building permits, and WHEREAS, by Memoranda dated December 4th, 2000 and January 29th, 2001, the Executive Director of Community Development has advised the Town Board that upon review of the Town's current fee structure and fee structures for 10 other communities, he recommends that the Town Board amend Ordinance No. 30, Section 5, to raise certain fees associated with the building permit process as specifically set forth in the Proposed Fee Schedule dated February 22,2001 presented at this meeting, and WHEREAS, the Town Board wishes to schedule a public hearing concerning the proposed Amendment to Ordinance No. 30, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on March 19th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens regarding the proposed Amendment to Ordinance No. 30, Section 5 to increase fees associated with the Town of Queensbury building permit process, such proposed fee increases to be effective April 30th, 2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town in the manner provided by law. Duly adopted this 26th day of February, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT:Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2001 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" AND CHAPTER Al83 "SUBDIVISION OF LAND" RESOLUTION NO. 94,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2001 to amend Queensbury Town Code Chapter 179 entitled "Zoning" and Chapter Al83 entitled "Subdivision of Land," which Local Law would eliminate the requirement that applicants for subdivision review provide certified mail notification to property owners within 500 feet of a project and instead require the Department of Community Development to send the notifications, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on March 19th, 2001 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: _ of2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 200 1 in the manner provided by law. Duly adopted this 26th day of February, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT:Mr. Brewer (Councilman Brewer reentered meeting room) RESOLUTION AUTHORIZING REPAIR OF 1993 SCREEN IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 95,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 has considered various options for the repair and/or replacement of a 1993 screen used by the Town Highway Department, and WHEREAS, the Highway Superintendent has requested Town Board approval to repair the screen by choosing the option of replacing the hopper and converting from a chain to belt system for an amount not to exceed $18,746, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent recommendation to repair the Highway Department's 1993 screen by replacing the hopper and converting from a chain to belt system for an amount not to exceed $18,746 to be paid for from the appropriate account in Highway Fund 004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Town Comptroller 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 26th day of February, 2001, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES: None ABSENT:None RESOLUTION INCREASING APPROPRIATIONS IN QUEENSBURY SIDEWALK CAPITAL PROJECT FUND #121 AND AMENDING 2001 TOWN BUDGET RESOLUTION NO. 96,2001 (MOTION WITHDRAWN) INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer Discussion held Councilman Brewer questioned why they went over fourteen thousand dollars after further discussion it was the decision of the Town Board to hold this resolution until Comptroller Hess is available for further explanation of the resolution. RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PORT ABLE VACUUM EXCAVATOR SYSTEM FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO.: 96,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Water Superintendent wishes to advertise for bids for the purchase of a portable vacuum excavator system for use by the Town Water Department as specified in Water Department Bid Specification No.: 01-10, 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 Queensbury Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of Queensbury for the purchase of a portable vacuum excavator system for use by the Town Water Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES: None ABSENT:None RESOLUTION AUTHORIZING HIRING OF RODNEY WARRINGTON AS FULL-TIME LABORER FOR WASTEWATER DEPARTMENT RESOLUTION NO. 97,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Wastewater Director has advised the Town Board that there is a vacant full-time Laborer position in the Wastewater Department, and WHEREAS, the Wastewater Director 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 authorizes and directs the Wastewater Director to hire Rodney Warrington as a full-time Laborer beginning March 12th, 2001 and subject to a six month probationary period, and BE IT FURTHER, RESOLVED, that Mr. Warrington shall be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Wastewater Director and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of February, 2001 by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT 15TH ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO. 98,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct its 15th Annual Shamrock Shuffle Road Race as follows: SPONSOR EVENT: DATE PLACE: The Adirondack Runners Club 15th Annual Shamrock Shuffle Road Race Sunday, March 18th, 2001 Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club to conduct the 15th Annual Shamrock Shuffle Road Race partially within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHTS AT ENTRANCES TO SHERMAN PINES SUBDIVISION AND ENTRANCE OF SURREY FIELDS SUBDIVISION RESOLUTION NO.: 99,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to arrange for the placement of street lights at the following locations: 1. Entrance of Sherman Pines Subdivision - Intersection of Upper Sherman Avenue and Peach Tree Lane - Pole #107-2; 2. Entrance of Sherman Pines Subdivision - Intersection of Upper Sherman Avenue and Autunm Lane - Pole #116-1; and 3. Entrance of Surrey Fields Subdivision - Intersection of Surrey Fields Drive and Bay Road - Pole #122; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves installation of the following: 1. One 150 watt high pressure sodium lamp on Niagara Mohawk Pole #107-2 at the entrance of the Sherman Pines Subdivision, intersection of Upper Sherman Avenue and Peach Tree Lane; 2. One 150 watt high pressure sodium lamp on Niagara Mohawk Pole #116-1 at the entrance of the Sherman Pines Subdivision, intersection of Upper Sherman Avenue and Autunm Lane; and 3. One 100 watt high pressure sodium lamp on Niagara Mohawk Pole #122 at the entrance of the Surrey Fields Subdivision, intersection of Surrey Fields Drive and Bay Road; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the annual charges for the above lighting to be paid for from the appropriate General Fund Account as these lights are not located within a Street Lighting District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to make all necessary installation arrangements with Niagara Mohawk Power Corporation and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING FACILITIES MANAGER AND WORKING FOREMAN TO USE TOWN VEHICLE FOR TRAVEL BETWEEN TOWN HALL AND PERSONAL RESIDENCE TO RESPOND TO EMERGENCY SITUATIONS RESOLUTION NO.: 100,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Town of Queensbury Employee Handbook (1007 entitled "Vehicle Usage Policy and Procedures" states that in situations where an employee's official duties require himlher to be on call and available at times other than the normal work day the Town Board may adopt a Resolution authorizing the Town employee to use a Town vehicle for travel between his/her official domicile and job site in order to ensure rapid response in emergency situations, and WHEREAS, as part of their job duties the Town Facilities Manager or Working Foreman respond to emergency situations within the Town, including responding to emergency calls during evening and weekend hours, and WHEREAS, the Town Board wishes to adopt a Resolution authorizing the Facilities Manager or Working Foreman to use a Town vehicle for travel between their respective residences and Town Hall so that they may expediently respond to emergency situations during non-business hours, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Facilities Manager or Working Foreman to use a Town vehicle between their respective residences and Town Hall so that they may expediently respond to emergency situations during weekends, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the reimbursement of the Facilities Manager or Working Foreman for mileage associated with non-business hours other than during weekends, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the Facilities Manager or Working Foreman shall use a Town vehicle strictly for Town duties and not for their own personal use. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin NOES: Mr. Brower ABSENT:None DISCUSSION HELD BEFORE VOTE Discussion held regarding Facilities Manager and Working Foreman to use Town vehicle for travel between Town Hall and personal residence to respond to emergency situations. It was the decision of the Town Board to allow the Facilities Manager or Working Foreman to use a Town vehicle between their respective residence and Town Hall to respond to emergency situations during weekends and authorizes the reimbursement of the Facilities Manager or Working Foreman for mileage associated with non-business hours other than weekends. The Town also directs that the Facilities Manager or Working Foreman shall use the vehicle strictly for Town duties. RESOLUTION AUTHORIZING ENGAGEMENT OF AMTEK MANAGEMENT SERVICES CORP. TO PROVIDE ADDITIONAL HUMAN RESOURCE MANAGEMENT SERVICES RESOLUTION NO.: 101,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Memorandum dated February 15th, 2001, the Town's Executive Director of Community Development has requested Town Board authorization to engage the additional services of AMTEK Management Services Corporation (AMTEK), the professional consulting firm currently providing human resource management services to the Town, to establish, create and/or evaluate job descriptions for four (4) positions in the Community Development Department, and WHEREAS, AMTEK has offered to provide these additional services, plus certain limited additional services for the Town delineated in the Executive Director's Memorandum, for an amount not to exceed $3,600, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of the services of AMTEK Management Services Corporation to provide the additional human resource management services described in this Resolution for an amount not to exceed $3,600 to be paid for by a transfer of $3,600 from Contingency Account No.: 001-1990-4400 to Personnel, Consultant Fees Account No.: 001-1430-4720, and BE IT FURTHER, 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 accordingly, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES: None ABSENT:None RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY LARRY CLUTE TO PLANNING BOARD RESOLUTION NO. 102,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Larry Clute has submitted an application to the Queensbury Town Clerk's Office for rezoning of a parcel of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for report and recommendation: APPLICATION OF Larry Clute TAX MAP NO: 117-9-11 LOCATION OF PROPERTIES 3 Feld Avenue, Queensbury, NY APPLICATION FOR Rezoning of a parcel currently zoned Light Industry - One Acre (LI -1 A) to Urban Residential - 10,000 Square Feet (UR -10) and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agenCIes. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES: None ABSENT:None RESOLUTION CONSENTING TO LEAD AGENCY DESIGNATION AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR APPLICANT STEWART'S ICE CREAM COMPANY, INC. TO PLANNING BOARD RESOLUTION NO. 103,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Stewart's Ice Cream Company, Inc. (Stewart's) has submitted an application to the Queensbury Town Clerk's Office for rezoning of five (5) parcels of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, and WHEREAS, the Town Board understands that the reason for this rezoning request is to authorize development of a Stewart's store at the subject properties, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF Stewart's Ice Cream Company, Inc. TAX MAP NO'S: 136-1-9.1; 136-1-9.2; 136-1-10; 136-1-11; and 136-1-12 LOCATION OF PROPERTIES Big Bay and Corinth Road, Queensbury APPLICATION FOR Rezoning of parcels currently zoned Light Industry - One Acre (LI-IA) to Commercial-Residential- 15,000 Square Feet (CR-15) and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None ABSTAIN: Mr. Martin RESOLUTION SUPPORTING HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM PROPOSED BY AIDS COUNCIL OF NORTHEASTERN NEW YORK RESOLUTION NO.: 104,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the New York State Office of Temporary and Disability Assistance has approved the AIDS Council of Northeastern New York participation in the Housing Opportunities for Persons with AIDS Program (HOPW A) which Program provides for tenant -based rental assistance and short -term rent/mortgage/utilities assistance services to eligible individuals residing in several Counties in New York State including Warren County, and WHEREAS, this Program operates at no cost to Warren County and it is anticipated that several individuals in Warren County will again be helped by these services, and WHEREAS, the Queensbury Town Board supports the AIDS Council's assistance to individuals within Warren County and recognizes that this Program will assist in maintaining and improving the quality of life for individuals with HIV/ AIDS, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby supports and approves the Housing Opportunities for Persons with AIDS Program (HOPW A) as proposed and administered by the AIDS Council of Northeastern New York and hereby authorizes and directs the Town Supervisor to sign the Certification of Local Approval presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward the Certificate and a copy of this Resolution to the AIDS Council of Northeastern New York and/or the New York State Office of Temporary and Disability Assistance Bureau of Housing Services. Duly adopted this 26th day of February, 2001 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION AMENDING RESOLUTION NO. 85.2001 REGARDING PURCHASE OF VEHICLE FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 105,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No. 85.2001 the Queensbury Town Board authorized the purchase of several Town vehicles including the purchase of one (1) 2001 Ford Expedition for the Town Highway Department, and WHEREAS, the Highway Superintendent has advised the Town Board that the Ford Expedition is not available for purchase under New York State Contract and therefore wishes to instead purchase a Chevrolet Blazer under New York State contract, and WHEREAS, the Town Board wishes to therefore amend Resolution No. 85.2001 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No. 85.2001 to delete that portion of the Resolution authorizing the Highway Department's purchase of one (1) 2001 Ford Expedition at the contract cost of $29,879 and instead hereby authorizes the Highway Department's purchase of one (1) 2001 Chevrolet Blazer in the lesser amount of $23,853.67 from Warnock in accordance with New York State Contract No.: PC57186, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No. 85.2001 in all other respects. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE Discussion held regarding purchasing of vehicle. Highway Superintendent Mr. Missita noted that the Highway Department never wanted to purchase the vehicle they requested to lease it. Councilman Brower noted it was shown through a financial analysis the Town would save almost ten thousand dollars by buying the vehicle verses leasing. Highway Superintendent, Mr. Missita noted it was actually seven thousand the sale price on the vehicle Comptroller, Mr. Hess put in that doesn't exist. After further discussion it was the decision of the board to pass the resolution amending 85,2001. TOWN COUNCILMEN'S CONCERNS SUPERVISOR BROWER-Received a phone call from Water Superintendent, Mr. Van Dusen noting that the Hayes and Hayes property is not in the sewer district. Also noted the meeting with the library boards on Wednesday at seven o'clock. COUNCILMAN MARTIN-Requested that a resolution be ready for the Smart Growth Appointment. SUPERVISOR BROWER-Noted they are not ready to do this need to have a meeting to discuss or interview candidates. COUNCILMAN BREWER-Noted they would need to reschedule annual meeting with the City. Asked Supervisor Brower to schedule a Department Head meeting to discuss the fleet program. SUPERVISOR BROWER-Workshop to be held on March 12th, at 5:30 p.m. COUNCILMAN MARTIN-Recommended putting Govern on for discussion for the Workshop. COUNCILMAN STEC-Asked the status of Combs Junkyard? COUNCILMAN BREWER-Asked Town Counsel Hafner to check with Town Counsel Schachner regarding this matter. COUNCILMAN STEC-Spoke to the board regarding their quarterly meetings with the City of Glens Falls noted his concern for postponing the meeting noting they need to reschedule this soon. Asked Councilman Turner to contact Niagara Mohawk regarding the street light on Midnight and Aviation Road. COUNCILMAN TURNER-Noted he would be calling them tomorrow. SUPERVISOR BROWER-Noted Freedom Park would like to be put on the next Regular Town Board Agenda. TOWN COUNSEL HAFNER-They have had the proposed agreement for some months was returned to us last Friday has not had a chance to review it and go over it with Mr. Hansen. COUNCILMAN MARTIN-Asked the status of Cleverdale Road. EXECUTIVE DIRECTOR, MR. ROUND-Half of the people didn't get a chance to see it because they were in Florida will try to set up a meeting with them as soon as they are back. ATTORNEY MATTERS None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 106,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one personnel matter. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES: None ABSENT:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 107,2001 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 adjourns from Executive Session and moves back into Regular Session. Duly adopted this 26th day of February, 2001, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING LEAVE REQUEST OF SANDY KRUGER RESOLUTION NO.: 108,2001 (DENIED) INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Sandy Kruger of the Department of Building and Codes has requested Town Board approval to take four days off without pay during the month of April, and WHEREAS, Town Board approval is necessary before an employee may take a leave without pay, and WHEREAS, the Town Board has carefully considered the circumstances of Ms. Kruger's request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Sandy Kruger to take four days off without pay during the month of April, 2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of February, 2001, by the following vote: AYES: None NOES: Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer ABSENT :None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk