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2002-10-07 REGULAR TOWN BOARD MEETING OCTOBER 7TH, 2002 MTG #46 RES #388-405 7:05 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Henry Hess, Comptroller Chris Round, Executive Director of Community Development Mike Shaw, Deputy Director of Wastewater PRESS: Glens Falls Post Star Supervisor Brower called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER CORRESPONDENCE Deputy Town Clerk Barber noted that the Building & Codes May 2002 Monthly Report has been received and filed in the Town Clerk's Office. Deputy Town Clerk Barber read the following letter from NYS DOT into the record: Dear Mr. Remington: In response to your request dated July 9, 2002, we have completed an investigation of Gurney Lane, a town highway, and have determined that a change in the regulatory speed limit is justified. A Notice of Order has been written for a 35 MPH speed limit between West Mountain Road (CR 58) and the Town of Lake George/Queensbury line, a distance of approximately 1.6 miles. As soon as you receive this Order, which is now being processed by the Secretary of State, please arrange to have the appropriate agency install the speed limit signs in accordance with the New York State Manual of Uniform Traffic Control Devices. If you have any questions regarding this matter, please call Joe DeSorbo of this office at 474- 6377. Sincerely, William E. Logan Regional Traffic Engineer OPEN FORUM 7:07 P.M. MR. DON SIPP, Courthouse Drive-Noted that the residents of Courthouse and the residents of Twicwood have had a problem over the years with noise being produced by dumpster pickups at three thirty, four o'clock in the morning, even earlier at times this past summer... Presented the board with the City of Glens Falls Noise Ordinance Control law and referred to page 4505, Section 45-8... Requested the board to consider a similar ordinance in order to improve the quality of life of these two areas... SUPERVISOR BROWER noted that he has received complaints from those two areas in the past and has contacted Waste Management regarding this matter, they were very cooperative and willing to adjust their hours, which they did... The next time I heard from a resident was during black Friday and I contacted them again and they had explained that it's the busiest day of the year up there, traffic issues and such and they needed to get in and out of there early and would hope that the town would be understanding. I just recently heard from another resident regarding pickup at three thirty at million dollar mile. COUNCILMAN BOOR noted that he received a call today from a resident in Twicwood regarding pickup at Suttons that occurred at four thirty in the morning... MR. SIPP-Noted that he's presently revising the noise ordinance which was presented to the board a year ago, removing the offending paragraph... Would like to present it to you in a couple of weeks for public hearing, to see if we can't get a total noise ordinance which would not only regulate these kinds of things but also construction, etcetera.... MR. JOHN SALVADOR-Questioned whether the Supervisor had anything to report regarding the status of the North Queensbury Wastewater Management County Project? SUPERVISOR BROWER-Yes, there is. Bill Lamy wants to have a meeting with Town Board, a special board meeting, a workshop session to discuss some of the options that O'Brien and Gere has come up and some of the costs associated and the practicality of some of the options. Apparently, one of the things they were waiting for was CT Male's report on the Lake George Sewer Plant and they wanted to know if there was enough capacity to handle Queensbury wastewater coming in down million dollar beach and the report from the engineers, they don't believe it would be adequate to handle Queensbury's wastewater with the current beds that they are operating. So, that may be an option that may not be available to us. MR. SALVADOR-Questioned whether the workshop would be open to the public? SUPERVISOR BROWER-Certainly, as they all are. MR. SALVADOR-Questioned whether the workshop had been scheduled? SUPERVISOR BROWER-No, we've got to find a date that will work for him and the Town Board. MR. SALVADOR-I'd like to share with you a letter that I've addressed to Mr. Craig Brown, our Zoning Administrator in which I'm asking him to make some kind of a determination with regard to the Faith Bible Baptist Church Subdivision. Dear Mr. Brown: As you are aware, there have been a series of discussions, formal and informal concerning the lands now titled in the Beaverkill Conservancy, Inc., a New York Not for Profit Corporation. These undeveloped lands are located south of the residential areas off the Corinth Road and adjacent to the Hudson River that were formally owned by the Faith Bible Baptist Church. The issue of a connector road joining the terminus of each of the dead-end and parallel Division and Ogden Roads has been on the floor during various Town Board meetings, many times in recent months. There remain numerous questions concerning the past use and maintenance of both of Division and Ogden Roads which revert to the original layout of these dedicated town roads. Because of these oversights, there is now a claim that a nameless connector road between Division and Ogden is a user road because the Town Highway Superintendent has used the unimproved roadway as a snowplowing loop between Division and Ogden Roads. There's no evidence that this connector road has been taken into municipal care and treated as other town roads or that the public even uses the roadway on a regular basis. The treatment of the connector road was vented and debated at Site Plan Approval of Subdivision No. 8-2000. The connector road was but one of several issues relating to the subdivision land that were before the Planning oard for consideration and approval. Whether or not the so-called connector road is a user road, which it is not, can be sorted out later by others. In examination of the record and approval process for Subdivision No. 8-2000 reveals that a rather hasty and unorthodox review by the Planning Board was encouraged by the Planning Staff. This allowed misrepresentations and erroneous information to creep into the review process. These unmistakable slip- shod expressions has manifested themselves in a flawed subdivision plan having been recorded with the Warren County Clerk's Office. There is a need to disinter Subdivision No. 8-2000 in order to correct these obvious errors before the Beaverkill Conservancy proceeds to unload what they have in fact acquired from the Faith Bible Baptist Church on February 2nd, 2001, by Bargain and Sale Deed. At the time of the Planning Board review on 11-29, year 2000, the land to be subdivided was titled in the Faith Bible Baptist Church, which church should had been considered the subdivider. The Beaverkill Conservancy was presented as representing the applicant and/or subdivider and finally Matt Steves, a licensed land surveyor, was portrayed first as the agent for the Beaverkill Conservancy and secondarily as representing the applicant. It would appear that the terms subdivider, applicant and even owner, are synonymous or mutually interchangeable, whereas all other participants are the equivalent of agents. On January 3rd, 2001, a map of a proposed subdivision was filed with the Warren County Clerk's Office which is now stored in Plat Cabinet B, Slide 158. At the time of the filing the land was still titled in the Faith Bible Baptist Church and remained so until February 2nd, 2001. Although as this date the map filed in merely a proposed subdivision, the County Tax Mapping Services Department has formally effectuated a subdivision of the lands which were formally and at the time of filing owned by the Faith Bible Baptist Church. It would appear that a subdivision of land mapped by the county had been approved and finalized, but it was not. The Mylar on record in the Warren County Clerk's Office does not carry a subdivision approval from the Queensbury Town Planning Board Chairman. In addition to the map on file not having been approved by the Planning Board Chairman as a subdivision plat in accordance with Section 183-35E, please consider the following procedural oversights on the part of the Faith Bible Baptist Church as subdivider and the Church's advisors, that is their representatives and agents. There is no evidence that the Faith Bible Baptist Church applied for or received waivers with accordance with Section 183 -47. Waivers should have been requested on motion of subdivider for deviation from the requirements of Articles IV and V of Chapter A183. Instead, it appears that the Planning Department Staff approved waivers during it's reviewing process. It should have been recognized by the Planning Staff and the Planning Board that all of the lots in the final subdivision had some form of development in existence at the time of the hearing, including a dump site and a small cemetery on the sixty-eight acre parcel intended to be conveyed to the Town of Queensbury. Although the small cemetery has been sited on the proposed Subdivision Plat, the location and characteristics of the dump site are not indicated on the Subdivision Plat. Is the dump site, wherever it may be located, still in use? If not, has it been closed? Has a closure report and maintenance plan been put in place? Which agency overses the closure plan and what are the future obligations of the dump site land owner? As for the small cemetery, do those interned have any perpetual rights to the use of the land they now occupy? Do these rights interfere with the Town's future use intentions as a passive recreation park? The record of the public hearing held for Subdivision No. 8-2000 discloses that a proposed three lot subdivision was reviewed and approved, whereas, in reality the subdivision map filed in the County Clerk's Office shows that four lots were the results of the this subdivision approval being sought and one of the approved lots is a substandard lot, that is less then one acre, for which a variance was not sought nor granted by the ZBA. The map of a proposed subdivision made for Beaverkill Conservancy on file in the County Clerk's Office has been certified by Matthew C. Steves, a land surveyor licensed to practice in the State of New York. The preparation of subdivision details and minimum requirements requires the certification according to Articles III, IV, and V of Chapter 183 and in particularly, Section 183-6. I'm asking Mr. Brown to confirm that the certification by Matt Steves of an otherwise incomplete Subdivision Plat was not certification, was not sufficient for validation before recording in the County Clerk's Office. This detail coupled with the lack of approval as a Subdivision Plat by the Chairman of the Town Planning Board and the incomplete Warren County Treasurer's certification should render the subdivision of the Faith Bible Baptist Church invalid. Please advise your next course of action. Yours truly, John Salvador MR. PLINEY TUCKER, 41 Division Road-Referred to Resolution 4.5 and 4.6 and questioned why they state the same thing? COUNCILMAN BREWER-It's two separate grants. MR. TUCKER-Referred to Resolution 4.8, Closure of Capital Project Funds and questioned the amount? MR. HENRY HESS, Comptroller-These are inactive funds that have been on the books for some time, they're inactive, the projects are completed and this is sort of a housekeeping method to take them off the accounting records. MR. TUCKER-Questioned whether there was money remaining? MR. HESS, Comptroller-Small amounts. MR. TUCKER-Referred to Resolutions 4.10 and 4.11 regarding the mobile home applications and questioned whether the people affected notified of the public hearing? SUPERVISOR BROWER-It's a public hearing, I would assume. MR. TUCKER-Referred to Resolution 4.14, Authorizing the new Coordinated Assessment Agreement with the City of Glens Falls and questioned the agreement that was worked out? COUNCILMAN BOOR-They agreed to split the difference. We were asking twenty-five, they wanted to give us fifteen so we decided at eighteen five and it took a long time and finally they took a vote and passed it by a narrow margin but passed it nonetheless. MR. TUCKER-Mr. Supervisor, the last meeting I brought up a situation with the Highway Superintendent, did you do any looking into it? SUPERVISOR BROWER-I told you I was not going to pursue that, it had nothing to do with the Town of Queensbury. MR. TUCKER-Well, I have a little additional information that may make it. SUPERVISOR BROWER-It's not appropriate for you to do this in public session, Pliney, and if you've got something seriously that would effect the town, maybe you should address the board in Executive Session because this is a personnel matter, if you're claiming something that someone has not been indicted for or convicted of, I think it's not appropriate that you bring it up here particularly since it's a key town manager in the Town of Queensbury whose an elected official. Town Board held brief discussion and agreed to meet with Mr. Tucker during Executive Session. RESOLUTIONS 7:35 P.M. RESOLUTION AUTHORIZING SALE OF OBSOLETE PARKS AND RECREATION DEPARTMENT DUMP TRUCK TO WARREN COUNTY SOIL AND W ATER CONSERVATION DISTRICT RESOLUTION NO.: 388, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town's Director of Parks and Recreation (Director) has advised the Town Board that a 1988 GMC dump truck used by his Department (Vehicle J.D. #1 GdJV34W8JJ5 15549) is obsolete and has been replaced, and WHEREAS, in accordance with New York State Town Law ~64(2-a), the Town may sell items which are no longer needed by the Town or are worn out or obsolete, and WHEREAS, the Director has requested Town Board authorization to sell the truck for $2,000 to the Warren County Soil and Water Conservation District, which in the past has assisted the Town with various community projects, and WHEREAS, the Town Board has determined that this is a fair price for the dump truck, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the sale of a 1988 dump truck used by the Parks and Recreation Department (Vehicle J.D. #1 GdJV34W8JJ5 15549) to the Warren County Soil and Water Conservation District for $2,000, as the Truck is obsolete and has been replaced. Duly adopted this 7th day of October, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF HUDSON ENVIRONMENTAL SERVICES, INC. FOR WATER TESTING AND SAMPLING AT TOWN OF QUEENSBURY LANDFILL FOR YEARS 2003 THROUGH 2005 RESOLUTION NO.: 389, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury needs to arrange for water testing of wells situated at the Town of Queensbury Landfill at Ridge Road during 2003 through 2005, and WHEREAS, the Solid Waste Facilities Operator solicited for proposals for the testing of these wells, and WHEREAS, the Solid Waste Facilities Operator has recommended that the Town Board award the bid for the well and water testing to the lowest bidder, Hudson Environmental Services, Inc., for an amount not to exceed $6,125 per year, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby engages the services of Hudson Environmental Services, Inc., for the purpose of water sampling and testing as may be required at the Landfill for an amount not to exceed $6,125 per year from 2003 through 2005 to be paid for from the appropriate Account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Solid Waste Facilities Operator to make such arrangements and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BIDS FOR PUMP AND MOTOR UPGRADES TO MEADOWBROOK PUMP STATION RESOLUTION NO.: 390, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Town Board Resolution No.: 174,2002 the Town Board authorized engagement of C. T. Male Associates, PC for design, contract preparation and bidding process assistance services in connection with the upgrade of the Meadowbrook Pump Station, and WHEREAS, c.T. Male presented the Town's Wastewater Deputy Director with bid documents and specifications to advertise for bids for pump and motor upgrades to the Meadowbrook Pump Station, and WHEREAS, by Resolution No.: 279.2002, the Queensbury Town Board authorized the bidding for the project, and WHEREAS, C. T. Male duly followed the proper procedures for bidding such work on behalf of the Town, and WHEREAS, C. T. Male duly received and opened all bids, and WHEREAS, c.T. Male and the Town Wastewater Deputy Director have recommended that the Town Board authorize awarding of the bids to the lowest responsible bidders, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bids for pump and motor upgrades to the Meadowbrook Pump Station from the lowest responsible bidders as follows: Not to Exceed Contract Low Bidder Bid Amount Contract NO.1 (General Construction) West Branch, Inc. $42,000 Contract NO.2 (Electrical Construction) Stilsing Electric, Inc. $66,400 as delineated in C.T. Male Associates, P.C.'s letter to Ralph VanDusen dated October 2,20022002 presented at this meeting and authorizes the Town Supervisor to execute any necessary contracts in form acceptable to the Supervisor, Deputy Director of Wastewater, Town Comptroller and Town Counsel, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes payment for these services with such amounts to be paid from Capital Project Fund No. 131, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Wastewater Deputy Director and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING TOWN ASSESSOR TO LEAVE PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT PROPERTIES ON TOWN TAX ROLL WITH AD VALOREM TAX RATE FOR 2003 RESOLUTION NO.: 391, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, there exists within the Town of Queensbury the Pershing-Ashley-Coolidge Sewer District (Sewer District), and WHEREAS, the Sewer District is presented billed on an ad valorem tax basis on the Town's tax roll filed with Warren County, and WHEREAS, in accordance with the Wastewater Treatment Agreement between the City of Glens Falls and the Town of Queensbury effective April 1st, 2002, the way the Sewer District's properties will be charged will need to be changed to be in accordance with the Town's Sewer Rent Law, and WHEREAS, after due consideration, the Town Assessor and Deputy Director of Wastewater have recommended that it will be necessary to leave the Pershing-Ashley-Coolidge Sewer District properties on the Town tax roll filed with Warren County but with a $0.00 ad valorem tax rate for 2003, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Assessor to leave the Pershing-Ashley-Coolidge Sewer District properties on the Town tax roll filed with Warren County but with a $0.00 ad valorem tax rate for 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Director of Wastewater and/or Deputy Director of Wastewater to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion before vote: Mr. Mike Shaw, Deputy Director of Wastewater explained reasons of resolution... vote taken. RESOLUTION APPROVING GRANT AWARD IN CONNECTION WITH THE TOWN OF QUEENSBURY'S WARD 4 REHABILITATION PROGRAM IN CONNECTION WITH THE NEW YORK STATE ADMINISTERED SMALL CITIES PROGRAM RESOLUTION NO.: 392,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 4307, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty thousand five hundred twenty-one dollars and sixty cents ($20,521.60), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant which is in excess of the grant maximum and is an eligible use of program funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4307 in the Town of Queensbury, New York in the amount not to exceed twenty thousand five hundred twenty- one dollars and sixty cents ($20,521.60) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT None RESOLUTION APPROVING GRANT AWARD IN CONNECTION WITH THE TOWN OF QUEENSBURY'S WARD 4 REHABILITATION PROGRAM IN CONNECTION WITH THE NEW YORK STATE ADMINISTERED SMALL CITIES PROGRAM RESOLUTION NO.: 393,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 4639, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is thirty-one thousand nine hundred forty-nine dollars ($31,949), and WHEREAS, the property owner, Case File No.: 4639, is contributing two thousand dollars ($2,000) of personal resources towards the project cost, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant which is in excess of the grant maximum and is an eligible use of program funds, after having exhausted all other approaches to reduce the overall cost to less than the grant maximum and maintain the program objective of improved housing to meet health and safety codes for program participants, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4639 in the Town of Queensbury, New York in the amount not to exceed twenty-nine thousand nine hundred forty-nine dollars ($29,949) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT None RESOLUTION AUTHORIZING ENGAGEMENT OF MANDY SPRING FARM NURSERY, INC. FOR PROVISION OF ELECTRICAL PREPARATION AND BANNER SIGN INSTALLATION SERVICES FOR LAND OWNED BY TOWN OF QUEENSBURY LOCATED AT BAY AND QUAKER ROADS RESOLUTION NO.: 394,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 325,2002, the Queensbury Town Board authorized engagement of Mandy Spring Farm Nursery, Inc. (Mandy) for landscaping installation services on certain Town property located in the vicinity of Bay and Quaker Roads for an amount not to exceed $47,900, and WHEREAS, the Senior Planner has advised the Town Board that an amendment beyond the original scope of services authorized by Resolution No. 325,200 is necessary for Mandy to provide electrical preparation and banner sign installation services in coordination with landscaping installation services at the property, and WHEREAS, the increased costs as a result of such amendment will total $2,520.66, and WHEREAS, by Resolution No. 375,2002, the Town Board authorized funds for capital improvements in connection with Town Signs, and WHEREAS, in order to accommodate the change in Mandy's services, the contract date will need to be extended to October 31, 2002, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs Mandy Spring Farm Nursery, Inc. to provide the additional electrical preparation and banner sign installation services referenced in this Resolution for an amount not to exceed $2,520.66 to be paid from the Town Signs Beautification Project Fund #133 and authorizes the extension of the Town's contract with Mandy Spring Farm Nursery, Inc., until October 31st, 2002, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Senior Planner, Purchasing Agent, and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2002, by the following vote: AYES Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES : None ABSENT: None Mr. Turner, Mr. RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO. 'S: 104, 110, 118, 120- 123 RESOLUTION NO.: 395, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has completed all construction and operation in the following seven (7) Capital Projects: 1. Glen Lake Capital Project No. 104; 2. Aviation Road Phase II Capital Project No. 110; 3. Water Tank Repair & Repaint Capital Project No. 118; 4. Parks Toilet Facilities Capital Project No. 120; 5. Sidewalk Construction Capital Project No. 121; 6. Moreau Water Connection Capital Project No. 122; and 7. Greenway Water Main Construction Capital Project No. 123, and WHEREAS, the final accounting shows that there is approximately: * $1,935 remaining in Capital Project Fund No. 104; * $64,570 remaining in Capital Project Fund No.: 110; * $11,345 remaining in Capital Project Fund No. 118; * $2,700 remaining in Capital Project Fund No. 120; * $235 remaining in Capital Project Fund No. 121; * $50 remaining in Capital Project Fund No. 122; and * $160 remaining in Capital Project Fund No. 123; and WHEREAS, the Queensbury Town Board wishes to close these Capital Project Funds as of September 30, 2002 and transfer each Fund's remaining fund balances as follows: * Capital Project Fund No. 104 Funds to General Fund No. 01; * Capital Project Fund No. 110 Funds to General Fund No. 01; * Capital Project Fund No. 118 Funds to Water Fund No. 40; * Capital Project Fund No. 120 Funds to Recreation Assessment Reserve Fund No. 61; * Capital Project Fund No. 121 Funds to General Fund No. 01; * Capital Project Fund No. 122 Funds to Water Fund No. 40; * Capital Project Fund No. 123 Funds to Water Fund No. 40; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to close the following seven (7) Capital Projects: 1. Glen Lake Capital Project No. 104; 2. Aviation Road Phase II Capital Project No. 110; 3. Water Tank Repair & Repaint Capital Project No. 118; 4. Parks Toilet Facilities Capital Project No. 120; 5. Sidewalk Construction Capital Project No. 121; 6. Moreau Water Connection Capital Project No. 122; and 7. Greenway Water Main Construction Capital Project No. 123; and transfer each Fund's remaining fund balance as follows: * Capital Project Fund No. 104 Funds to General Fund No. 01; * Capital Project Fund No. 110 Funds to General Fund No. 01; * Capital Project Fund No. 118 Funds to Water Fund No. 40; * Capital Project Fund No. 120 Funds to Recreation Assessment Reserve Fund No. 61; * Capital Project Fund No. 121 Funds to General Fund No. 01; * Capital Project Fund No. 122 Funds to Water Fund No. 40; * Capital Project Fund No. 123 Funds to Water Fund No. 40; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED ESTABLISHMENT OF MAIN STREET GATEWAY PLAZA IMPROVEMENTS CAPITAL PROJECT RESOLUTION NO.: 396,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 245, 2002 the Queensbury Town Board adopted the Year 2002 Capital Improvement Plan (CIP) for the Town of Queensbury, which CIP included the Town's proposed 2002 prioritized short and long-term Capital Projects, and WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and WHEREAS, the Town Board wishes to schedule a public hearing concerning establishment of the Main Street Gateway Plaza Improvements Capital Project, a subset of the Main Street Underground Utilities/Streetscape Improvements Capital Project currently listed as Project 2 on the Town's approved CIP, 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.rn. on October 21st, 2002 to hear all interested persons and take any necessary action provided by law concerning establishment of the proposed Main Street Gateway Plaza Improvements Capital Project, 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 the proposed Capital Project in the manner provided by law. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON JOAN DILLON'S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 397,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Queensbury Town Code ~ 113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Joan Dillon has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace her mobile home with a new model mobile home on property located at 36 Feld Avenue, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on October 21,2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Joan Dillon's application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 36 Feld Avenue, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of a Notice of Public Hearing as required by law. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON JEFFREY AND REBA JOHNSON'S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 398, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with Queensbury Town Code ~ 113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Jeffrey and Reba Johnson have filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to move their existing mobile home to their property located at 19 East Drive, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on October 21st, 2002 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jeffrey and Reba Johnsons's application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit concerning property situated at 19 East Drive, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 399,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town 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 2002 Town Budget as follows: CONTINGENCY: FROM: TO: $ AMOUNT: 01-1990-4400 (Contractual) 01-1990-1002 (Payroll) 1)05. COURT: FROM: TO: $ AMOUNT: 01-1110-4335 (Software, Sub & Main.) 01-1110-1720 (Court Officer) 500. 01-1110-4330 (Equip. Main.) 01-1110-1720 (Court Officer) 500. COURT: FROM: TO: $ AMOUNT: 01-1110-4030 (Postage) 01-1110-1720 (Court Officer, PT) 1,500. 01-1110-2010 (Office Equip.) 01-1110-1720 (Court Officer, PT) 500. SUPERVISOR: FROM: TO: $ AMOUNT: 01-1989-4720 (Consultant Fees-Mgmt Project) 01-1940-4720 (Consultant Fees-Purchase Land) 400. WASTEWATER: FROM: TO: $ AMOUNT: 032-1680-2031 Hardware) 032-8110-4010 (Office Supplies) 600. (Computer WATER: FROM: TO: $ AMOUNT: 40-8310-4820 (Uniforms) 40-9060-8061 (Health Ins. Waiver) 542. 40-8320-1510-0002 (WTPO II OT) 40-8320-1971-0002 (WTPO Trainee OT) 5,000. 47-8340-4400 (Misc. Contr.) 47-8330-4400 (Misc. Contr.) 18. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION No. 339,2001 AND RESCINDING RESOLUTION No. 320,2001 IN CONNECTION WITH ARTICLE 7 TAX ASSESSMENT CASES COMMENCED BY PYRAMID COMPANIES, INC. RESOLUTION NO.: 400,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury is engaged in litigation with Pyramid Companies, Inc., (Pyramid) regarding real property tax assessments on the Aviation Mall (Mall) for the years 1995 to 2001, and WHEREAS, the total assessed value of the Mall for each of the years in question is approximately $45,000,000 and the tax amounts in dispute are very substantial and could result in large refunds to the property owners if Pyramid prevails in the litigation, and WHEREAS, the Queensbury Town Board previously adopted Resolution No. 339,2001 authorizing Empire State Appraisal Consultants, Inc. (ESAC) to prepare an appraisal of the Mall, and WHEREAS, the Town Board also previously adopted Resolution No. 320, 2001 authorizing ESAC to retain Leonard V ona, CPA, CFE, to perform an audit of Pyramid's accounts and financial records in order to assure the reasonable accuracy of the appraisals to be produced by ESAC, and WHEREAS, Resolution No. 320 authorized the Town to pay up to $2,400 of the cost ofMr. Vona's audit of Pyramid's accounts and financial records, and WHEREAS, due to unforeseen circumstances which arose during the course of the audit, the Town's 50% share of the cost of the audit was $4,433.49, and WHEREAS, Mr. Vona delivered his audit report to ESAC and ESAC found it competent, satisfactory and useful and has incorporated it into ESAC's appraisal of the Aviation Mall property, and WHEREAS, the Town's $4,433.49 share of the audit cost was properly billed through ESAC but was mistakenly paid under authorization provided in Resolution 339,2001 for appraisal fees, and WHEREAS, the Queensbury Union Free School District has approved payment of its $4,433.49 share of the audit expense, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No. 320,2001 which separately authorized an audit in the matter referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further amends Resolution No. 339,2001 authorizing preparation of an appraisal, to incorporate approval for the audit of Pyramid's financial records previously conducted by Leonard V ona, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the total authorized expense to the Town under Resolution 339, 2001 be increased from $14,000 to $18,433.49, which includes the $4,433.49 expense for the audit already performed by Mr. Vona, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Comptroller and/or Town Supervisor to take any action necessary to effectuate all terms of this Resolution. Duly adopted this 7th day of October 2, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT None RESOLUTION AUTHORIZING NEW COORDINATED ASSESSMENT AGREEMENT WITH CITY OF GLENS FALLS RESOLUTION NO.: 401,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 481,98, the Queensbury Town Board enacted Local Law NO.9 of 1998, which Local Law amended the Town Code by adding a new Chapter 24 entitled "Coordinated Assessment Program," which authorized the Town to enter into an agreement with the City of Glens Falls for a joint assessor, and WHEREAS, in accordance with Real Property Tax Law ~576 and ~579 and General Municipal Law Article 5-G, the Town and City entered into a municipal cooperative agreement dated December 30th, 1998 providing for the appointment of one assessor, Helen Otte, to hold office in both the Town and City, and WHEREAS, the Town and City have negotiated revised terms for the Coordinated Assessment Agreement, and WHEREAS, by Resolution No. 399,2002, the City authorized a revised Coordinated Assessment Agreement containing a provision whereby the City will increase its contribution toward the Joint Assessor's salary and associated benefits from $15,000 to $22,500 annually, such increase to more accurately reflect the City's use of the Joint Assessor, and WHEREAS, the revised Agreement is substantially identical in form to the originally authorized Coordinated Assessment Agreement except for the increase in the City's contribution and extending the Agreement to continue in existence until December 31, 2004, unless the City and the Town decide to extend the Agreement further and deleting the first sentence of Paragraph 11 which is no longer applicable, and WHEREAS, such revised Agreement is 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 revised Coordinated Assessment Agreement with the City of Glens Falls substantially in the form presented at this meeting, such Agreement to terminate on December 31, 2004, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion before vote: Councilman Boor-I stand corrected, because I thought it was eighteen-five. It is twenty-two five? Supervisor Brower-Yes. (vote taken) RESOLUTION AUTHORIZING THE MEADOWS PLANNED UNIT DEVELOPMENT AGREEMENT RESOLUTION NO.: 402,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 395,2000 the Queensbury Town Board approved The Meadows Planned Unit Development (PUD) subject to execution of a Planned Unit Development Agreement by the Town, Bay Meadows Corporation (Owners) and Queensbury Partners L.P. (Developers), and WHEREAS, the Town, Owners and Developers have reached agreement in principal on the terms of the PUD Agreement, and WHEREAS, the Town Board assumed SEQRA Lead Agency status and upon review of development information and Environmental Assessment Form, issued a Negative Declaration, and WHEREAS, a copy of the proposed PUD Agreement has been presented at this meeting and is in form approved by the Town's Director of Community Development and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of The Meadows Planned Unit Development Agreement between the Town, Bay Meadows Corporation and Queensbury Partners L.P. as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None Discussion before vote: Councilman Brewer-The PUD is still in effect, two years after we approved it? Counsel Jon Lapper, Representing Developer-It never got signed. You approved it but it never got signed, this is the formal agreement. Town Counsel Hafner-Yes, this is the agreement to be signed. Councilman Brewer-So, now we go a year from here? Counsel Lapper-Right. Councilman Turner-The five hundred dollar recreation assessment fee and the four acres left there along the brook, what did we do with that? Mr. Chris Round, Executive Director-The proposed PUD Agreement has language that would charge full recreation assessment for the property developer and it includes a clause that would allow the town to acquire that four acre property. The applicant had proposed to the Recreation Commission over a year ago, a gift of that land in consideration for a reduced recreation assessment and the Recreation Commission didn't feel that that land wasn't appropriate for park purposes and did not then seek to reduce their assessment. The land is still available to the town and I think, I know the owner is still willing to offer that land to the town and it might be appropriate to discuss this particular element in Executive Session because it is a negotiation for property acquisition and I think we have some proposed language if you'd like to act on that later. Town Board held discussion, agreed to move forward with this action and then discuss the additional information as recommended by Mr. Round during Executive Session. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED ACQUISITION OF PROPERTY RIGHTS BY EMINENT DOMAIN RESOLUTION NO.: 403, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Town Board Resolution No.: 224,2002 the Town Board adopted its Final Order approving creation of the South Queensbury - Queensbury Avenue Sewer District, and WHEREAS, the land surveyor who has worked with the Town to determine the technical requirements of the project has indicated that a line will need to be run across the property of the Niagara Realty Statutory Trust, and also across property of the City of Glens Falls Industrial Development Agency, which, upon information and belief, is under contract with the Niagara Realty Statutory Trust and therefore the Niagara Realty Statutory Trust holds equitable title, and WHEREAS, the Town has attempted to negotiate with the property owners for easements necessary for the project and at first believed there would be no difficulty in obtaining the easements, and WHEREAS, it now appears that it will not be possible to get consent easements in a timely fashion, and WHEREAS, the Town Board believes that it may be necessary to exercise its rights to acquire the easements by eminent domain property rights in order to serve a public purpose, and WHEREAS, Eminent Domain Property Law ~201 requires the Town Board to hold a public hearing prior to commencing a proceeding to acquire property rights by eminent domain, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on October 21,2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to inform the general public about the project, review the public use to be served by the project and the potential impacts on the environment and the residents of the locality where the project is to be located and to hear all persons interested in the proposed project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish a Notice of Public Hearing in at least five (5) successive issues of the Glens Falls Post-Star commencing at least ten (10) but no more than thirty (30) days before the date of the public hearing, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately. Duly adopted this 7th day of October, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Discussion before vote: Supervisor Brower-This would be Eminent Domain Easement on property for the Queensbury Avenue Sewer District. In conjunction with that, we'll set a public hearing for October 21st, at 7 pm, here at the Activity Center. We certainly have tried to work with the property owner to obtain the easement required but because of certain contractual relationships they have, they have difficulties and we feel it's in the public benefit to move toward Eminent Domain for the easement in question. TOWN BOARD DISCUSSIONS 7:55 P.M. SUPERVISOR BROWER-Just want to bring the board up to date, the Fleet Committee met twice last week and this week since our last board meeting, we reviewed vehicles with several Town Managers and with all managers that have requested any vehicles in the upcoming budget. We're trying to have a recommendation for the board by next Wednesday or Thursday... Last week we met with Department Heads to discuss their budget requests and we have meetings scheduled for this week, Wednesday and Thursday. COUNCILMAN BOOR-I would just like to clear up one thing that was recently in the paper attributed to me, it was for the most part correct but probably left out an important caveat and that's regarding the Glen Lake Dredging. I did say that I thought to an extent the town, and I spoke only for myself, I would consider a dollar for dollar contribution to match actually dollars being spent by residents of that lake. However, the paper failed to mention that I also said there would have to a cap on that and I was thinking maybe between thirty and forty thousand dollars. So, certainly for those of you out here, I don't want to give the impression that the town would just match anybody dollar for dollar on a project like this and I was a little bit remiss that that wasn't in the article. COUNCILMAN TURNER-We forwarded a letter to the Hess Company in relationship to the problem that's up at the station. We haven't had a response yet, we'll probably get it within the next week or so and when we get it, we'll address that. COUNCILMAN STEC-You gave an update about where we are on budgets... Specifically I wanted to talk a little about the fire company budget... I really think it's noteworthy to point out that Bay Ridge Volunteer Fire Company came to us with their proposed budget next year that is actually a fifteen point three percent reduction next year on this year's, seventy-five thousand dollars in operations and then on top of that, the following year, there asking for another four percent reduction. I found that extremely encouraging, it's not too often that somebody comes to us asking for less money that we gave them the previous year. I just think it's really noteworthy that we should acknowledge that publicly... The other thing I wanted to touch on, the Glen Lake Dredging, I did get an opportunity to talk to Supervisor Ron Montesi, he's very active in the Soil and Water up at the county and we were talking a little bit about that and based on my conversation with him and our conversations with the folks at Glen Lake,I'm suggesting and I'm not an insurance expert by any stretch but perhaps the thing for us to do, I get the feeling that the board wants to do something, if certain perimeters are met but I'm also am appreciative of the concern for insurance but perhaps, if we ask for a firm proposal or firm bid from our current supplier and maybe even consider and how don't know how to do it or what contractually, if we're limited to, to putting the insurance of this project out to bid and just layout what the options are, go to a handful of local insurance providers and then we'll know exactly what we're talking. Maybe it is prohibited, maybe it isn't. SUPERVISOR BROWER-I did speak to Dave Wick, he wanted to meet and talk with Henry about some of the concerns the town has and what Soil and Water is willing to do in conjunction with the project... COUNCILMAN STEC-I'm encouraged that Dave Wick is going to talk Henry... Need to research at least, maybe it's not viable but worthy of investigating... Just a quick question, did we get an appraisal for Aviation and Potter? SUPERVISOR BROWER-No, he's talking probably a couple of weeks. MR. HESS, Comptroller-I'd like to comment on the insurance issue. I did meet with Gary Eddy this morning, not just to talk about the Glen Lake issue because we know that that's still an open issue... There are some things that need to be explored if the board really wants to look at that but I need to let you know also that the insurance market is really tough this year and we're not sure where insurance premiums are going to come in. We think they're going to be around twenty percent, we've allowed for that in the budget but there's no assurance that our present carriers going to come in at that rate. Insurance rates for municipalities are inclining in the range of ten to sixty percent around us. So, we are asking for proposals from a number of companies this year. COUNCILMAN BREWER-Recommended meeting with both Gary Eddy and Dave Wick together... MR. HESS, Comptroller-I'll see what I can figure out. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 404, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss negotiations for property acquisition and personnel matters. Duly adopted this 7th day of October, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION & REGULAR TOWN BOARD MEETING RESOLUTION NO.: 405,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from it's Regular Town Board Meeting. Duly adopted this 7th day of October, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY