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2003-03-10 REGULAR TOWN BOARD MEETING MARCH 10TH, 2003 Mtg # 12 Res. #146-168 7:28 P.M. LL #1,2003 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Ralph VanDusen, Superintendent ofWaterlWastewater Mike Shaw, Deputy Superintendent of Wastewater Henry Hess, Comptroller Chris Round, Executive Director of Community Development Marilyn Ryba, Senior Planner PRESS: Glens Falls Post Star Supervisor Brower called meeting to order and apologized for the board's tardiness, noting that the previous Special Town Board Meeting held at 6:30 had ran over.... Recognized and welcomed Boy Scout Troop 16 from Queensbury and the Queensbury High School Government Class. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 146,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter as the Queensbury Board of Health. Duly adopted this 10th day of March, 2003 by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None Queensbury Board of Health PUBLIC HEARING - Sewer Variance - Robert and Patricia End Notice Shown 7:30 P.M. MR. TOM JARRETT-Tom Jarrett of Jarrett-Martin Engineers. MR. BILL DEAN-Bill Dean with Creative Construction Company. SUPERVISOR BROWER-Good evening. We had your map on file and I happen to be very familiar with this particular piece of property as my Mother-In-Law used to own it. But I have no connection with the current owners and no interest in the property, so, I have no problem hearing this situation. Mr. Jarrett, would you like to proceed? MR. JARRETT-What we're proposing is a replacement system for the Ends. The system is located on Waters Edge Road just off Seelye Road which is on Cleverdale. It's a replacement system for a main house and a single bedroom guest cottage. Right now, there's an existing system that is located in the lawn area just to the south of the house and much closer to the lake. The Ends wish to replace this system to upgrade it and to move it far enough from the lake to provide environmental benefit for the lake and to not obstruct the main portion of the property for future use. We would build this system as a raised system because of the elevation of the property in relation to Lake George. It would be constrained by the guest cottage and the existing garage and we'd have to use a retaining wall to provide some clearance to those existing structures. You'll see the odd shape of the system and that's because we need a minimum required basil area to satisfy both town and Department of Health standards. If you gran this variance tonight then we will prepare construction details that would be reviewed and approved by the Building Department in the town. I guess I'll open it to any questions that you might have. COUNCILMAN BOOR-The first question I would have is you're calling for a fifteen hundred gallon tank and that is sized or oversized? MR. JARRETT-That's actually correctly sized for this. COUNCILMAN BOOR-That's correctly sized for the guest and the four bedroom main? MR. JARRETT-Yes, for the total property, correct. COUNCILMAN BOOR-Would it, and so it would not allow for any additions to the existing buildings? MR. JARRETT-That's correct. COUNCILMAN BOOR-Okay and on the wood covered hole, do you have any guess what that is? MR. JARRETT-We've inspected that, it's not septic related, we believe it's drainage related. COUNCILMAN BOOR-But you don't really, is it, is this the owner? MR. JARRETT-No. MR. DEAN-No, just representing the owner. COUNCILMAN BOOR-Okay, but it is on the owner's property but you don't know if it actually drains or you don't know what it is, essentially, right? MR. JARRETT -Really not sure what it is, there's a shallow swale right along the property line that drains into Lake George there. It maybe drainage related but we can't confirm that, we've checked it out, we don't know. COUNCILMAN BOOR-I guess my concern is that you're calling for some drainage work up here where you're going to put the Eljin System in but how do we know that that's not going to contribute to what this might be here? In other words, I don't know what we have there. How are you going to engineer proper drainage, stormwater drainage without knowing what exists on the property? MR. JARRETT -The reference you see on the top left portion of the plan regarding drainage swale, I think that's what you're referring to, that's just to shed water off our system so we don't impact the function of our system. It's really not going to change surface drainage patterns at all on the property. If we find any drainage structures piping or catch basins in when we excavate this area for our system, then we'll close those off. COUNCILMAN BOOR-But, I mean, we don't have an elevation drawing so I have no idea what's up and down here as far as MR. JARRETT-The drain between Waters Edge and the lake is nearly flat, there's probably, a total relief of roughly two and a half to three feet. COUNCILMAN BOOR-From Waters Edge to the lake? MR. JARRETT-Waters Edge Road to the lake. COUNCILMAN BOOR-So this is very flat. MR. JARRETT-It's very flat. SUPERVISOR BROWER-Yea, it is a flat piece of property. COUNCILMAN BOOR-Okay. SUPERVISOR BROWER-When you raise the beds for the system, will that create any change in drainage for the, to the neighboring properties? MR. JARRETT-No. Locally it will right in the area of the system cause we're going to shed water off that system. We will not change drainage patterns as they impact adjoining properties. SUPERVISOR BROWER-Okay. COUNCILMAN BOOR-One other question, on the pump. Pump station may be adjusted to meet long term site planning requirements, what are you referring to there, long term site plan requirements? MR. JARRETT-We showed that just a conceptual idea that we have to be a minimum of fifty feet from the lake. If the Ends feel that that is some kind of a play area or something where they had a patio or something or plan a patio, then we'll move it accordingly but we have to be fifty feet from the lake and we wanted to show that. COUNCILMAN BOOR-Okay. SUPERVISOR BROWER-Well, this looks like it's quite an improvement over what's there currently. COUNCILMAN BOOR-They don't know what's there currently, that's what it looks like, right. COUNCILMAN BREWER-Is there a well on this property? COUNCILMAN BOOR-No. MR. DEAN-No, lake water. COUNCILMAN BREWER-Lake water. COUNCILMAN BOOR-And all the adjoining neighbors don't have wells too, correct? I think it states that in the COUNCILMAN BREWER-Application. COUNCILMAN BOOR-Yea. These are troublesome, I'm pleased with it because I know it's an improvement but you know, you're going from twenty feet required to four feet and I understand it's an improvement so I don't know really how we can say no but it's, sometimes I. MR. JARRETT-When you say twenty feet. COUNCILMAN BOOR-From the guest house. MR. JARRETT -Oh, I see. COUNCILMAN BOOR-You're putting the leach fields four feet from the guest house where typically it would have to be twenty feet. So, it's an eighty MR. JARRETT -The standard is twenty feet for a dwelling home, there's no basement here, it's a slab so ten feet has been allowed. MR. DEAN-Crawl space, Tom. MR. JARRETT -Or crawl space, excuse me. COUNCILMAN BOOR-And but, are you saying it doesn't qualify as a dwelling? MR. JARRETT-It is a dwelling. COUNCILMAN BOOR-I know, so MR. JARRETT -But often times, in this town as well other towns, if it's not a full basement, less then twenty feet has been allowed depending on the standards and how it's constructed. COUNCILMAN BOOR-I know and I'm not trying to be over critical it's just that you're looking for eighty percent relief on a variance and at some point you go, you know what's appropriate here? And I assume that you can't move any farther away because then you'd be getting closer to the other property line, is that correct? MR. JARRETT-When you say any farther away, you mean? COUNCILMAN BOOR-From the guest bedroom. In other words, can you move as MR. JARRETT-Well, we attempted to relocate the garage at one point and went before the Zoning Board and they did not allow that variance. We wanted to move it further and we're not allowed to do that. COUNCILMAN BOOR-Okay. SUPERVISOR BROWER-Any further questions of the engineer at this time? Okay, we'll open up the public hearing and ask any members of the public if they'd like to address the board regarding the proposed septic system. Yes, would you gentlemen vacate or move over. You've got to come up on the record and Cindy, just please introduce yourself for the record, your name and address please. MRS. CINDY DELAPP A-Okay, my name is Cindy DeLappa, my husband Darwin is here with me and we're the adjoining neighbors to the south. We have no problem with this system. It's a big improvement. Any other alternative would involve moving trees, removing trees, you know, between our houses. This is a big improvement, we're in total support. The last time it was denied, the garage issue but we wrote a letter in support at that time. We just wanted to make sure you knew we were still around, we're still in support. It is an improvement, being right there. SUPERVISOR BROWER-It should improve the water quality in the lake, for sure. MRS. DELAPP A-Definitely and it's farther away from the lake, it's common sense. Move the septic away from the lake if possible and that's what they're doing. SUPERVISOR BROWER-Thank you. MRS. DELAPPA-Thankyou. SUPERVISOR BROWER-Would anyone else, any other members of the public care to comment on this public hearing at this time? Okay, seeing none, I'll close the public hearing. DEPUTY TOWN CLERK BARBER-Mr. Supervisor, I have a letter from David Hatin. SUPERVISOR BROWER-Oh, excuse me, in that case we'll keep the public hearing open and we'll read the letter, any letters into the record that we have received. DEPUTY TOWN CLERK BARBER read the following into the record: Dear Board Members: I have reviewed the proposed drawings for the Robert and Patricia End septic variance. The design proposed by Jarrett-Martin is unique in its construction, but does conform to the construction standards for this type system. This is also a replacement of an existing non-conforming system. Due to unforeseen circumstances, I will be unable to attend tonight's meeting. I trust this information provided to the board will be helpful and I'm sure Tom Jarrett can answer any specific questions regarding the system you may have. Thank you for your attention in this matter. Sincerely, David Hatin, Director Building and Code Enforcement. (letter on file in the Clerk's Office) SUPERVISOR BROWER-Okay, at this time I'll close the public hearing and ask board members if they have any further questions. PUBLIC HEARING CLOSED 7:40 P.M. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND PATRICIA END BOARD OF HEALTH RESOLUTION NO.: II, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Robert and Patricia End 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 Mr. and Mrs. End to install a new fill or built-up system four feet (4') from the property line instead of the required ten feet (10') setback and four feet (4') from a dwelling instead of the required twenty feet (20') setback on property located at 8 Waters Edge Drive, 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 request on March 10th, 2003, 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 the application of Robert and Patricia End for a variance from the Sewage Disposal Ordinance to allow Mr. and Mrs. End to install a new fill or built -up system four feet (4') from the property line instead of the required ten feet (10') setback and four feet (4') from a dwelling instead of the required twenty feet (20') setback on property located at 8 Waters Edge Drive, Queensbury and bearing Tax Map No.: 227.17-1-31. Duly adopted this 10th day of March, 2003 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 12,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourns session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 10th day of March, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION QEDC PRESENTATION MR. DAVE CAPRON, President ofQEDC-Introduced Board Members, Lou Buck, Dwayne Zuhlke and Jon Lapper... The only change we've made to our mission statement, we've added a 50lC3 to it, we're almost to the point where that's going to be granted, it's in the state of being approved. We went ahead and did that because there's some grants and things that are available to us if we were of the nonprofit and that would help the funding arrangements.... Noted 2002 accomplishments and strategic plan with site developments: Infrastructure Development with land acquisitions: Queensbury Industrial Park, Luzerne RoadlMain Street Connector road, South Queensbury Sewer District, Northway Business Park (Veteran's Field)... Regional Approach: Glens Falls/Queensbury Sewer Agreement, Woolworth Theatre Project, Career Pathways and ACC Scholarships, Job Retention and Job Growth Section with Adirondack Regional Business Incubator... Economic Development requires multiple year strategy, a long term financial commitment and the collaboration of partners with the community... Our initiatives: site development, job retention and job growth and fostering the regional approach... In site development, we're going to continue with our Northway Business Park, the Main Street Connector Road and the Luzerne Road site. The Luzerne Road site is going to be approximately a ten acre site that we will have once all the properties have been turned over, we have some now with that onnector road. So, we'll have a ten acre site that we will be able to do something to for economic development. The Queensbury Industrial Park, there's about thirty-seven acres to forty acres that's really good for the development and those are the areas that we will be, when we purchase it, that's what we'll be purchasing, what is usable... Regional Approach, working towards partnerships all the way through, making partnerships with Washington and Saratoga County Economic Development Corporations... To tie everything back together, we take our tactical issues that we had selected and then we go through our three initiatives, the site development, job retention and expansion and regional cooperation, and we just kind of go through it and it pulls everything together for us... SUPERVISOR BROWER-Thank you for your presentation, I know the Queensbury Economic Development Corporation has been very helpful in promoting economic development within the town and I think the cross pollination of economic development boards supporting each other has been an important asset for economic development within the Town of Queensbury and certainly help facilitate the Empire Zone that Warren County received... Marilyn Ryba requested to address the board briefly regarding one of the resolutions on the agenda. MARILYN RYBA, Senior Planner-I wanted to give you a little bit of an update, the last time I spoke with you about this Affordable Housing Strategic Plan was to get a resolution to establish the accounting for the funding. We did receive a twenty-five thousand dollar grant from the Small Cities Program to put together this affordable housing strategy. One of the reasons we did get that funding was because affordable housing is something that really has not been addressed in the Town of Queensbury. In fact, was, I think, minimally addressed in the Comprehensive Land Use Plan to the effect that the town will look at a variety of types of housing. But one of the reasons we wanted to put this together too was because at the start of our small cities housing improvement program in the Ward 4 program, we received almost one hundred inquiries since the start of that program from people looking for things like, first time home buyers program, down payment assistance, do you have funding for people who live in othe areas of the town for things like a septic system improvement or a new roof, that type of thing. But to obtain any kind of future funding from the small cities program or from other programs, we really need to have a better sense of where we're going and what the needs really are. So, the resolution that's presented for you tonight is to hire Shelter Planning and Development Corporation to help us put that together. In addition to the twenty- five thousand dollar grant, the town will also be putting in through staff assistance, a total of ten thousand dollars in kind services. So, we should end up with a good proposal. We did receive three proposals, they were all very equal in standing in how they propose to put everything together. I think in the end, Shelter Planning and Development really has a history of partnering with other organizations and I think can help us in that direction. One of the things that Mr. Capron just mentioned in the QEDC was the regional approach and that's something we reallywant to get a handle on. Queensbury is the largest community in the county in fact, our population increased twice that of the level of the county from 1990 to 2000, almost twice, so that we really think have seen an impact too of the amount of residential growth. In the past ten years we've averaged about a hundred and sixty-eight units a year. When you look at the census data it shows that the median value for an owner occupied house in Queensbury in 1999 was a hundred and eleven thousand four hundred dollars. But when you look at the median incomes which is thirty-six thousand four hundred for a family of four based on 2002 data, that gives us a price of about ninety-one thousand dollars as an affordable house. A standard is taking two and a halftimes that income and that's what's considered affordable. So, we see here there's a bit of a gap and so we want to do some good data analysis, I think a high degree of data analysis working with the banks, the real estate community and also the housing provders, that's part of our goal here. We will be sponsoring a forum and in the end, I think we'll have a good product along with some projections, information that we can use to see where we're going. SUPERVISOR BROWER-Marilyn Ryba is our Senior Planner and I know she's dedicated a great deal of time to our affordable housing grant, the four hundred thousand dollar affordable housing grant we received last year and I appreciate your efforts toward that and your efforts toward this effort, Marilyn, thank you. CORRESPONDENCE DEPUTY TOWN CLERK BARBER read the following into the record: To: Mr. Dennis Brower Town Supervisor On February 10, 2003 we received an envelope in mail from Town of Queensbury Department of Wastewater which contained a letter from Mr. Michael Shaw, and Right-Of-Way and Easement Document which included a map (SH417) attached showing the damage to be done to our property by proposed sewer system. The two sewer man holes, the sewer line from south west corner of my property along Sweet Road, and the Right-Of-Way and Easement along Sweet Road is totally unacceptable to us. However, it is an easy and economical way for the Town of Queensbury to direct the sewer from Route 9 down Sweet Road to Country Club Road without any consideration to our welfare. We suggest that the Town of Queensbury Wastewater Department and c.T. Male Associates P.c. go back to the drawing board and find another way to direct the sewer line from Route 9 down Sweet Road by utilizing Town of Queensbury property instead of ours. Sincerely, Peter E. Ratsep Helve H. Ratsep (on file in Town Clerks Office) ATTN: Town Clerk Re: Marina Proposal As an individual representing a group of lakefront homeowners on Lake George, we state our position as it relates to personal watercraft commonly referred to as jetski/waverunner. We are opposed to people operating a marina and/or allowing non resident familylfriends keep their personal watercraft at their familylfriend's lakefront parcel. This is because the statistics regarding PWCs are very clear from a safety issue where typically a non-owner of a PWC will operate the watercraft and be involved in an accident and/or drive recklessly. This intrudes on other people's recreational enjoyment because the affected people have to spend their time dodging the PWC to avoid an accident. It is also unpleasant for swimmers, fishermen, sailors and other water recreation enthusiasts frequently having to fear that the PWCs are going to crash into them. This is because personal watercraft typically account for 6-8 % of all marine craft, but are involved in over 20-30 % of accidents. To the people who are still questioning the need for a special ordinance related to PWCs, I would ask if you would be willing to go along with the status quo should one of your familylfriends get into an unfortunate situation where they are victims in an accident. If not, you can show leadership by stating that personal watercraft owned by familylfriends who are non owners of the lakefront parcel where the watercraft are kept is to be prohibited. It would show that you are serious about safety in this community. Sincerely, Peter Brothers Residents for a Cleaner, Quieter & Safer Lake George DEPUTY TOWN CLERK BARBER noted that the following reports have been received and filed in the Town Clerk's Office: Building & Codes February Monthly Report and Town Clerk's February Monthly Report. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR SUPERVISOR BROWER-I'm going to introduce a resolution that had been prepared prior to the meeting but was not available as of the normal time on Friday. This is a resolution authorizing Schermerhorn Construction Inc. as an out of district user for wastewater connection and granting right to construct wastewater facilities along Bay Road. Caroline, I'd like you to read that into the record please with the amendments that we considered this evening. DEPUTY TOWN CLERK BARBER read the following resolution into the record: RESOLUTION AUTHORIZING SCHERMERHORN CONSTRUCTION, INC. AS OUT OF DISTRICT USER FOR WASTEWATER CONNECTION AND GRANTING RIGHT TO CONSTRUCT WASTEWATER FACILITIES ALONG BAY ROAD RESOLUTION NO.: INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Schermerhorn Construction, Inc., is working on a project and constructing a building on Bay Road in the Town of Queensbury for the Glens Falls Hospital and such project is a matter of public benefit, and WHEREAS, Schermerhorn Construction, Inc., is going to build wastewater infrastructure which will benefit this property and is intended to benefit other properties in the area, and WHEREAS, such wastewater infrastructure shall be that described in the Map, Plan and Report, with the exclusion of the Walker Lane portion, of Thomas W. Nace, P.E., an engineer, licensed by the State of New York dated August 16th, 2002 regarding Central Queensbury Quaker Road Sewer District Extension No.7, and WHEREAS, the Town Wastewater Department shall have the right to inspect and review the installation of such wastewater infrastructure, and WHEREAS, Schermerhorn Construction, Inc., intends to consider forming a transportation company to provide such services to other properties in the area, and WHEREAS, the Queensbury Town Board has determined that allowing this project to connect to Town sewer lines as an out of district user will be in the public interest, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Schermerhorn Construction, Inc., to be an out of district user for wastewater connection provided that such Schermerhorn Construction, Inc., shall sign an out of district contract in a form acceptable to the Town Wastewater Director, Wastewater Deputy Director and Town Counsel, which contract shall, without limitation, include provisions making it clear that all costs of the infrastructure and costs of connecting to and using the Town system (including, without limitation, City of Glens Falls buy-in fees, annual ad valorem equivalent charges, and operating and maintenance charges) are to be paid by Schermerhorn Construction, Inc. and also providing that if Schermerhorn Construction, Inc., shall default under such contract the Town has the right, at its option, to become the owner of all wastewater infrastructure and related easements at no charge to the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the granting to Schermerhorn Construction of an easement along Bay Road where the Town has received such easement, provided such easement shall be on a non-exclusive basis where the Town retains full rights to install its own sewer facilities at a later date should it decide to do so, and such easement shall be in a form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Resolution concerning the granting of the easement is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Article 7 and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition, and BE IT FURTHER, RESOLVED, that in the interim, the Town hereby authorizes and grants Schermerhorn Construction, Inc., a license to work on such property to install such wastewater infrastructure, and BE IT FURTHER, RESOLVED, that all parts of this Resolution are contingent upon Schermerhorn Construction, Inc., building such wastewater infrastructure as detailed in the Map, Plan and Report, with the exclusion of the Walker Lane portion, described above and the Town Wastewater Department's right to inspect, review and approve such infrastructure as it is being installed and that no work shall be done on Town property without first providing insurance in form and amounts satisfactory to the Town Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the necessary contract, easement and any other documentation and take all action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of March, 2003, by the following vote: AYES NOES ABSENT: COUNCILMAN BOOR-I'll introduce it. SUPERVISOR BROWER-Well, no, let's see, we won't, we won't actually vote on this until after all the resolutions are done. COUNCILMAN BOOR-Why not? COUNCILMAN STEC-We'lljust add it in as 6.19. SUPERVISOR BROWER-It will be 6.19, maybe we should have the resolution and a second. COUNCILMAN BOOR-I would like to move it. COUNCILMAN TURNER-Second. SUPERVISOR BROWER-Moved by Councilman Boor, seconded by Councilman Turner. Okay, and we'll just hold off until the appropriate time in the agenda. OPEN FORUM 8: 10 P.M. MR. PLINEY TUCKER, 41 Division Road, Queensbury-Questioned the purpose of Resolutions 6.15 and 6:16? MR. HENRY HESS, Comptroller-We have two sewer construction projects, South Queensbury and Route 9, we have applications pending with Environmental Facilities Corporation for permanent financing. We expect that financing draws on both those loans will not be available in time to start construction so these two resolutions allow the general fund or other funds that have access of cash to lend it to those two construction projects and be paid back out of EFC financing funds when they're available. MR. TUCKER-They will be paid back? MR. HESS, Comptroller-They will be paid back, yes. MR. TUCKER-Referred to Resolution 6.18, Resolution Authorizing Study on the Karner Blue Butterfly and questioned why the town is doing that? MR. ROUND, Executive Director-The Town Planning Board has spoken with the Town Board on several occasions about a number of projects that have potential to impact the Karner Blue Butterfly habitat, so the town is looking for a way to manage the impacts to the habitat that would basically, number one, ensure that the town is complying with the State and Federal Endangered Species Acts and they're also looking to identify target areas for restoration sites, areas that we would look to preserve and grow the habitat and the butterfly. The end result, we're trying to take some of the delay out of the review process, we're trying to take some of the unknowns out of the Planning Board's decision making process. Often times that somebody will come in front of them and say, hey, there's no habitat on this site or there's no butterfly on this site and the only way we can actually have that verified is have the applicant go out and do a biological survey in accordance with the State and Federal practices and those sureys can generally only be done during the brooding season which is a two week window in the summer months. So, what we're trying to do is lay a lot of ground work so that we can eliminate some of those delays and some of that guess work that's involved. MR. TUCKER-Questioned whether the previous study done five or six years ago by Curtis Lumber would be helpful to the town? MR. ROUND, Executive Director-Yes, we're going to use that information. Mr. Tucker is referring to when Curtis Lumber sponsored a scientist to go out and basically identify physical areas where the wild Blue Lupine grows. The problem is that you need to monitor that on an annual basis so that information is dated in a large extent. DEC has been monitoring those sites but what we're hopeful to do is basically use that work as the basis for moving forward. MR. TUCKER-Questioned the cost? SUPERVISOR BROWER-Thirteen thousand five hundred. MR. TUCKER-The piece of property at the end of Division and Ogden Road is still being used illegal. Mr. Chairman, did anything result in your meeting you had yesterday? SUPERVISOR BROWER-No, no change. COUNCILMAN STEC-What meeting? SUPERVISOR BROWER-Mr. Tucker is referring to a meeting that I requested to have with West Glens Falls Volunteer Fire Company Board Members, which I met with them at seven pm last night to approximately eight pm and Mr. Brewer was also present for that meeting. I guess at this point in time, I'm not prepared to go further on it until possibly councilman concerns. Although, I should say, the Town Board negotiated with five fire companies, we have five volunteer fire companies in the Town of Queensbury that cover the seventy-two square mile town. The fire companies do an outstanding job of serving our community and as volunteers we drafted a contract, the contract, we had a public hearing. One of our fire companies, Queensbury Central appeared at the public hearing and made comment, John Wells whose president of West Glens Falls Volunteer Fire Company was also present during that public hearing but chose not to speak at the public hearing. I was informed about a week ago that the West Glens Fall Volunteer Fre Company was not going to sign the contract with the Town of Queensbury because they objected to language. The specific language I don't have in front of me, but they specifically objected to one paragraph that indicated the Town Board reserved the right to open the contract to negotiate with the companies on the utilization of unused fund balance as well as the possibility of negotiating with the companies about having a common bookkeeper for all five companies. I'm not quite sure what they're real concern was about that but I wanted to meet with them and kind of review how good the Town of Queensbury has been to the fire companies. Of course, they've been good to us but we've also been good to them, we provide them with the latest equipment and safety equipment for their needs and kind of reviewed the history and asked them to reconsider their position. I did get a phone call this afternoon from the president, John Wells indicating that he was not going to, the board had voted last night after I left ot to sign the contract. Therefore, I will have an executive session with the Town Board this evening to discuss that situation and we'll have to determine which course of action we'll be forced to take at this time. COUNCILMAN STEC-Is that an appropriate issue for executive session? SUPERVISOR BROWER-It's a contract. COUNCILMAN STEC-I don't see where contracts are listed. SUPERVISOR BROWER-Mr. Schachner will be here in a short while so he should be able to clarify that. MR. JOHN WELLS, Pinewood Road, President of West Glens Falls Fire Company-Just to restate what Mr. Brower stated, we did have a meeting with him yesterday reference the signing of our contract. It was called on his behalf and I invited Tim Brewer as our fourth ward representative to be there also. Mr. Brower's comments to us as stated were not negotiatory, they were strong armed. The meeting was not held in the spirit of cooperation and it started out with Dennis' initial comments to the company, it ended with his final statement where he stated or threatened us that if we didn't sign the contract, that they would have to take further steps that we wouldn't like. SUPERVISOR BROWER-I don't believe it came off that way but there is a tape available. MR. WELLS-It's on tape so we have it. SUPERVISOR BROWER-However I do believe I stated cause I was asked specifically what would happen if you didn't sign the contract MR. WELLS-And you said that you wouldn't comment. SUPERVISOR BROWER-And I think I said I'd have to explore legal remedies available. MR. WELLS-And you wouldn't comment at that time. SUPERVISOR BROWER-Yes. MR. WELLS-But you had something in mind when you made the statement. SUPERVISOR BROWER-I didn't have anything in mind, I don't know exactly what, I don't believe the company can receive further payments from the town until they sign the contract. MR. WELLS-Well the contract is very explicit in that that absence of signing a current contract, it reverts back to the old contract in full effect with payments paid one-twelfth of the previous year's operating and expenses and insurance minus the truck fund. It's very explicit on it. SUPERVISOR BROWER-I did ask you if you were prepared to take less money and I think you said, we'd scrimp or do whatever we had to. MR. WELLS-We'd do what we'd have to do to stand up for our position, yes. MR. HESS, Comptroller-I just need to comment that the contract, the language is in the contract that's not being signed so that provision is not in effect. MR. WELLS-It is in the previous contract. COUNCILMAN BOOR-Let me just interrupt because it's certainly important to all of us here and I think that's why an executive session is appropriate because I don't want to be spouting off stuff that we shouldn't be saying and I think it would be very appropriate to have a lawyer here before any of us take a stand one way or the other. SUPERVISOR BROWER-Well, John's got the floor so let him speak. I'm sorry for interrupting you, I shouldn't have. MR. WELLS-My intention before you right now is to ask that we come before the next workshop, discuss this further to put this behind us. My feeling I got from speaking with you on the phone today was that was not going to be a possibility so I chose to do it in a public forum and ask you publicly, that we have that meeting so we can get this put behind us. SUPERVISOR BROWER-Well, I don't know as, I think that's something the board has to decide if they want to do that. I believe, we've taken the actions to enact the contract and three of the five companies have signed the contract and sent them back to us. MR. WELLS-Three, that's right, that means two hasn't. SUPERVISOR BROWER-And all companies were advanced monies to make sure you could meet your obligations and all companies endorse the checks and took the payments which to me, was an indication that there was agree, there was basic MR. WELLS-The checks were sent prior to the ratification of the contract. SUPERVISOR BROWER-Were they sent before or with the contract, Henry? MR. HESS, Comptroller-We sent each of the squads a copy of the contract with a voucher saying, here's the contract, the board's going to vote on a certain date, if you want money before that date, sign the voucher and send it back and they all signed the voucher and sent it back with the copy of the new contract in hand. It was an implied acceptance at that time. MR. WELLS-There's no implied acceptance until it's signed, the negotiations wasn't over. COUNCILMAN BOOR-I think that's why, I think everything you're saying is very important and valid but I think these are legal matters and I'm not comfortable saying anything to you. I want you to, I'm not using your five minutes, you can get as much time as you want as far as I'm concerned but please understand, from my standpoint, I want to get some expert opinion here before I promise you a meeting or anything because I don't know the law. MR. WELLS-The crux of the matter is and it's a very small paragraph but to us it has huge potential implications not only to our company but to all five companies involved and it was not negotiated. The language was added the last minute when we received a copy of it and there was no opportunity then to negotiate after that. You mentioned the public hearing, President Kassebaum of Queensbury Central spoke at that and he was told that this is a public hearing not a negotiation session. So, there was no room for negotiation after receiving that wording that's why I chose not to speak. If the intention or the majority of the board was that that was going to be acceptable, then it was premature. The language was not negotiated, the first time we saw it was when it was put in the contract for us to sign. SUPERVISOR BROWER-But it was discussed with every company. MR. WELLS-It was not discussed, it was mentioned. There was no discussion of what the language would be. SUPERVISOR BROWER-It was mentioned though. Okay, you acknowledge it was mentioned and it was brought, by the way, I think the clause you object to most importantly was suggested by one of the fire compames. MR. WELLS-That's not my problem. If you have a problem with a fire company, address it with the individual fire company, don't hold everybody responsible for the problem of one and that's what this is doing. Everything in that new language is already covered in the contract, it's redundant, it's excessive and it adds another layer of bureaucracy to the Town Board governing the fire companies. So, again, my purpose to come up here was to request a meeting with a workshop next Monday or prior to that if schedules COUNCILMAN BREWER-I might add that if we do have this workshop and I don't have a problem with doing it, we also have the other company that doesn't want to sign the contract and get all of it behind us. SUPERVISOR BROWER-I don't know as we have another company that doesn't want to sign the contract. MR. WELLS-You just stated there was another one. COUNCILMAN BREWER-Yea, I thought Central didn't sign either. SUPERVISOR BROWER-They haven't signed but I expect, I fully expect they will. COUNCILMAN BREWER-Well, maybe we ought to call him and ask him and if that's the case then that's fine. COUNCILMAN BOOR-I would really prefer we talk about this in executive session. COUNCILMAN STEC- The executive session, there are other ways that we can meet but don't call it an executive session, it could be attorney client privilege but executive session in New York State, enclosed or executive session maybe held only to discuss, and there's eight of them: proposed, pending or current litigation; medical, financial, credit or employment history of a particular person, corporation or matters leading to said dismissal, removal, promotion, appointment, employment, discipline, demotion or suspension; the proposed acquisition, sale, lease of real property when publicity might affect value; matters which imperils the safety if disclosed; matters which may disclosed identity of a law enforcement officer or informer; information relating to current, future investigation or prosecution of a criminal offense; preparation or administration of exams; or collective bargaining negotiations per Article 14 of Civil Service Law. This is none of those. COUNCILMAN BOOR-Yes it is. COUNCILMAN STEC-No, it's not Roger. COUNCILMAN BOOR-Well, can I address which one I believe pertains to it? COUNCILMAN STEC-Go ahead. COUNCILMAN BOOR-It has to do with public safety and if our lawyer says that we can't give you another dime legally because we don't MR. WELLS-We're not asking for more money. COUNCILMAN BOOR-Can I finish? Can I just finish, please, I gave you the opportunity to finish, I would ask the same of you. If it turns out that he says that we can't, and I don't know this, then I think there is a public safety issue if you don't have any funding and I want those answers before I tell you anything. COUNCILMAN STEC- This says matters which imperil safety if disclosed. COUNCILMAN BOOR-Yea. COUNCILMAN STEC-Well, I don't see how disclosing this problem is going to impact safety negatively. I'm not saying that there isn't a way to meet, I'm just saying that I don't think you can call it an executive seSSIOn. COUNCILMAN BREWER-Well, it doesn't matter what you call it, I think we ought to meet and get it over with because of the animosity towards each other. MR. WELLS-Can I read from a paragraph from the contract that just expired? In the event that this agreement expires before the next fire company agreement can be negotiated, the town and fire company agrees that the terms and provisions of this agreement can remain in full force and effect during the interim period pending execution of a new agreement. During this period the Town Supervisor shall approve monthly vouchers limited to one-twelfth of the fire companies previous year's budget less the amount appropriated for vehicle funds. The operating, insurance and debt services are covered in this only, and this is the one that just expired. This entitles us to payment until we settle this, don't need a lawyer for that. All our other contract meetings were in open SUPERVISOR BROWER-However, we might need a lawyers interpretation of that. MR. WELLS-You didn't need a lawyer to interpret when you signed it. SUPERVISOR BROWER-I believe it was stated that way with the idea that good faith negotiations were going on with both parties, amongst the parties toward a settlement of the contract and in this case we've had the public hearing. MR. WELLS-But that's not my fault you scheduled the public hearing before the companies are ready to do it. You know, if we start this process in July like we used to do instead of the end of November so we could have this settled in time, this wouldn't be an issue. This would have been settled long before December 31st but we don't start meeting until the middle of November and we're signing contracts at the end of January, it's not going to work. All of our other meetings were held in public open forum, the next would shouldn't be any different, we have nothing to hide. COUNCILMAN BOOR-The attorneys wrote the contract, I would like to have the attorney here when we talk about the contract. MR. WELLS-The attorney's never been present for any discussion or negotiation prior to this. COUNCILMAN BOOR-They wrote it, the attorneys wrote the contract. MR. WELLS-You negotiated the contract without them there. COUNCILMAN BOOR-I don't know what else to say, John. MR. WELLS-Okay, I'm requesting a meeting. SUPERVISOR BROWER-John, I will get back to you and let you know what the board chooses to do as far as having a workshop session on this and when. MR. WELLS-I eagerly anticipate your call, thank you. MR. TUCKER-Any further discussion about this with the board will be done in a workshop? SUPERVISOR BROWER-If there's a workshop it will be an open meeting, yes, absolutely. MR. ANDREW LAYETTE, I Potter Road, Senior at Queensbury High School-Questioned what's going to happen to the Halfway Brook Reservoir on the watershed and is there going to be any change in ownership of the property? COUNCILMAN STEC-In the use of the property? MR. LAYETTE-Yes. SUPERVISOR BROWER-I believe the watershed is going to remain in Glens Falls control and nothing should really change. They're building the filtration plant in Coles Woods and once that's complete, they'll be filtering their water and chlorinating it of course, as they have in the past, they'll be able to drop the levels of the chlorine once the filtrations in effect. But as far as the utilization of the property, I don't know as that's going to change any. MR. ANDREW CUNNIFF, 4 Dorset Place, Queensbury-Questioned what's taking place on West Mountain Road between Potter Road and Peggy Ann traveling south on the right, the old concrete plant? SUPERVISOR BROWER-That's the proposed site of a housing project and they've been cleaning the site. COUNCILMAN TURNER-It might have something to do with the weather. MR. CUNNIFF-Is there going to be a park there? MR. ROUND, Executive Director-There is a proposal for a residential subdivision and they've been delayed because of weather, on the clean up but what the final form of the development is, I'm not sure that that's been resolved yet. MR. CUNNIFF-Butler Pond, all those reservoirs on West Mountain and that area, are they ever, in the future, any recreational use? COUNCILMAN STEC-I hope so. MR. CUNNIFF-Me too. COUNCILMAN STEC-We've been trying to talk about that for fifteen, twenty years really, that idea has been floating around. MR. CUNNIFF-It's beautiful up there. COUNCILMAN STEC-It is, you'd never know you were in Queensbury some of those nooks and crannies up there. MR. CUNNIFF-It's all posted. COUNCILMAN STEC-It's all posted but not enforced very vigorously. MR. CUNNIFF -We've never been up there, though. COUNCILMAN STEC-Of course not, me neither when I was your age. MR. CUNNIFF-So, no idea about that for the future, nothing soon about recreation up there? COUNCILMAN BOOR-That's owned by Glens Falls. SUPERVISOR BROWER-Nothing for the foreseeable future. MR. CUNNIFF-Wasn't there a deal that was going to go on between us that would have? SUPERVISOR BROWER-Well, if they had chosen to go with Queensbury for their source of public water supply, the opportunity to utilize those reservoirs might have happened but that was kind of our hope that something could be worked out. Matter of fact, we had a small subcommittee that was talking with Glens Falls and it didn't come about because Glens Falls was pretty set on the fact that they were going to control their own water supply for the future. So, I think it was an opportunity that has been lost, I think the public health department will probably require stricter controls and stricter monitoring before its over because they're open sources of water, they're easily contaminated by terrorists acts. So, I don't want to put fear in anyone cause I certainly hope that terrorism of that type would not occur in our communities but we just simply don't know and I think the health department's position is any open bodies of water have to be protected to higher degree. I certainly hope they never are requird to fence it or any of that nature because I think that just make it unsightly. It is a beautiful, I used to live up near there, I lived on Clendon Brook Road. MR. CUNNIFF-Is there a proposal between Warren and Washington County about waste removal and the trash plant in Hudson Falls? SUPERVISOR BROWER-Warren and Washington County are partners in the, well, actually Washington County has the contract and Warren County has a contract with Washington County but the two of us our tied. Warren County has two-thirds of the trash that goes to the plant and Washington County has a third and that's how we divvy up our revenues or expenses and the revenues have been few and far between. There were revenues I think the first year of operation when tipping fees were I think eighty-seven dollars a ton. But tipping fees are sixty-nine dollars a ton now for in-county waste and they're averaging about forty- five dollars for out -of-county waste and we need two-thirds, two thirds of the trash has to come from out- of-county so therefore there's a deficit and the deficit is shared two-thirds by Warren County and one-third by Washington County. I think you're referring to a possible waste agreement. We believe we're losing about twenty percent of our waste within Warren and Washington County to outsidelandfills and other operations. I think it's going to be essential to keep the deficit at it's lowest possible point that, that we start looking at ways to control the waste stream that, within Warren and Washington County and that may be licensing haulers that does business in Warren and Washington County and insist that any waste they pick up goes to the plant. I mean, there could be a number of scenarios, it could be municipal pick up, there's a lot of things that could happen. These discussions are relatively in their early stages but the truth is we need to try to capture as much waste in Warren and Washington County as possible to keep the deficit as low as possible. MR. CUNNIFF-Will that close down all our transfer stations? SUPERVISOR BROWER-I don't view that as being helpful, I think the transfer stations actually are benefit people. But I know Frank Monroe did make that comment because he was talking about another community did and they happened to speak at the Association Towns Conference which was a couple of weeks ago so he was relating what that community did and I believe they shut down their transfer stations. MR. CUNNIFF-One more topic, recreational facility off Haviland Road, is that going to happen? SUPERVISOR BROWER-Those discussions currently are very preliminary. I think the ACC and the Recreation Commission are in discussions about the possible utilization of property on the ACC Campus. ACC would like to be able to have a swim team and be able to offer some recreational swimming to their students, they might be able to attract more students and at the same time the town is looking to site a swimming type facility. It's on our Capital Improvement Plan but I believe it's the fourth, there are four projects on the Capital Improvement Plan that deal with recreation, I think it's the lowest priority that was ranked by Town Managers and adopted by the board and yet, by the same token, that could change in the future. OPEN FORUM CLOSED RESOLUTIONS RESOLUTION ENACTING LOCAL LAW NO.: I OF 2003 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REVISE LANGUAGE CONCERNING SPECIAL USE PERMITS AND ESTABLISH SETBACKS FOR MIXED USEIMAIN STREET ZONE RESOLUTION NO.: 147,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board wishes to consider adoption of Local Law No.: I of 2003 to amend Queensbury Town Code Chapter 179 entitled "Zoning," specifically Article 10 entitled "Special Use Permits", to I) add language concerning special use permits particularly concerning the operation of marinas and 2) revise Zoning Ordinance Table 4 entitled "Summary of Dimensional/Bulk Requirements," to establish setbacks for the Mixed Use ZoneIMain Street, 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 duly held a public hearing on February 10th, 2003 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law 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 enacts Local Law No.: I of 2003 to amend Queensbury Town Code Chapter 179 entitled "Zoning," specifically Article 10 entitled "Special Use Permits", to I) add language concerning special use permits particularly concerning the operation of marinas and 2) revise Zoning Ordinance Table 4 entitled "Summary of Dimensional/Bulk Requirements," to establish setbacks for the Mixed Use ZoneIMain Street as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None DISCUSSION BEFORE VOTE: COUNCILMAN BOOR-I have a question. Chris, this says language concerning special use permits and establishing setbacks and if I go to page 2, under KI, and it says, Permanent - permits a specific use to continue indefinitely until the specific use ceases for any reason for a period of six consecutive months. So, my question is if we have a special use permit for somebody with a marina and they don't use that marina during the winter months for six months, do they run the risk of losing that special use? MR. ROUND, Executive Director-That's a good question and I don't know, you also, you should have in front of you, you have some options with this cause it wasn't clear from the workshop and I think, Roger, you and I were on the same pages that you wanted an option between allowing the Zoning Administrator the discretion to determine whether satisfactory evidence was presented. You wanted the option between the Zoning Administrator or the Planning Board to make that determination so there's some information that you have to strike out or choose. COUNCILMAN BOOR-I mean, I'm just wondering, does this and unfortunately I don't have my code book with me but I don't believe that there's, I mean, we have changed the marina, we just did the resolution to change that as part of the zoning but I'm just concerned that this, like I just said, does somebody lose their special use if they don't use that marina during the winter months cause that would certainly be a six month winter this year. SUPERVISOR BROWER-Is six months reasonable, maybe it should be a twelve month period. MR. ROUND, Executive Director-To be honest with you, I never looked at it like that and that's a good point. COUNCILMAN BOOR-I would be more comfortable with, either excluding marinas or anything else where it's seasonable, a seasonal issue. COUNCILMAN BREWER-Why can't we just change it to twelve months? COUNCILMAN BOOR-Well, I don't know why it's six to begin with. SUPERVISOR BROWER-Well, I think it could be twelve, it could be eighteen, for that matter. COUNCILMAN BOOR-Well, I'd be comfortable with twelve, like Tim said and that would take care of that problem. SUPERVISOR BROWER-I think it's a good change. MR. ROUND, Executive Director-Okay, twelve months. Can you back to page I, Section I, Applicability and it does indicate, this is the bolded language, I'm looking at the fifth line, it says, of this Article and Article 16, Administration, or, Zoning Administrator has issued an Administrative Special Use Permit pursuant to the terms of Section 3 of this Article. So, I think if we choose that the Planning Board is going to make these determination, we would strike that particular sentence from or to the end of that sentence. COUNCILMAN BOOR-And the reason being again? MR. ROUND, Executive Director-The Zoning Administrator wouldn't be issuing, we wouldn't have an Administrative Permit. I guess that's the question. Do we want to allow Administrative permits for this grandfathering or do we want the Planning Board to make that decision? And Roger, I think you were of the mind the Planning Board. COUNCILMAN BOOR-Right, I thought the Planning Board. COUNCILMAN TURNER-Yea. MR. ROUND, Executive Director-Okay, then I guess is that the consensus of the board? COUNCILMAN BREWER-I don't have a problem with that but as we talked in the workshop, is that going to be, are they going to take bunches of them and do them all at once or is it going to be a long, long process? MR. ROUND, Executive Director-I think that that's subject to, it's an operational decision, I think we'd certainly look to do that. COUNCILMAN BREWER-Expedite them as fast as we could, that's all my concern is. COUNCILMAN BOOR-That's fine. So that would changed to the MR. ROUND, Executive Director-So you should strike that then, or Zoning Administrator has issued an Administrative Special Use Permit pursuant to the terms of Section 3 of this Article. So, strike that complete sentence. And then you have to continue on to page 4, and there are, you have item I, item 2 and then there's a paragraph, we're going to strike the Zoning Administrator paragraph and it says or, you're going to strike or, and that would allow you to use that second bullet paragraph, then that reads appropriately. So, page I, we've struck the Zoning Administrator efforts, page 2, you've changed six to twelve months and then page 4 we're allowing that the Planning Board is providing that review, not the Zoning Administrator. Town Board agreed to changes... vote taken. LOCAL LAW NO.: I OF 2003 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 179, "Zoning," Article 10 entitled "Special Use Permits" is hereby amended by adding ~179-1O-015 and ~179-1O-016 as follows: ~ 179-10-015 Applicability No person, firm or corporation shall allow, operate, cause to operate or continue a use identified in this Article as a use requiring a Special Use Permit, unless and until the Planning Board has approved, with or without conditions, such use and issued a permit or authorized the issuance of a Special Use Permit for such land use or development pursuant to the terms of this Article and Article 16, Administration. When a Special Use Permit review is triggered, the Planning Board is empowered to apply all of the requirements of this chapter to its review of the permit. Changes in use that increase either the intensity of use or the physical area dedicated to the operation of the use shall be subject to the requirements of this chapter. ~ 179-10-016 Effective Date The provisions of this Article shall be effective as of the date of filing with the Secretary of State. SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Article 10 entitled "Special Use Permits" is hereby amended by adding language to ~ 179-10-030 (K) as follows: ~ 179-10-030 Application and Review Procedures K. The Planning Board, as a condition of granting any special permit, may specify its term of validity. There are three (3) types of permits which may be granted by the Planning Board, described as follows: I. Permanent - permits a specific use to continue indefinitely until the specific use ceases for any reason for a period of twelve (12) consecutive months or the use is modified or expanded. Such modification or expansion shall require the permit holder to seek a modification of the Special Use Permit. 2. Temporary - permits a specific use to continue until a specific date, at which time the special use permit shall automatically terminate and the use shall be permanently discontinued. This type shall not be extendable. 3. Renewable - permits a specific use to continue until a specific date, unless renewed or extended by the Planning Board for an additional period of time. If not extended, the use shall be permanently discontinued. It is the responsibility of the applicant, and not the Town of Queensbury, or any Board, officer, or employee thereof, to initiate the request for the renewal or extension prior to the expiration of the original term of such renewable special use permit. If not extended or renewed prior to the date set for expiration, the right to continue such special use shall terminate on such expiration date, subject to the right of the applicant to seek an extension or renewal. An application for the extension or renewal of a renewable special use permit shall be made in accordance with the applicable provisions then applying to special use permits, as if it was an original request. 4. Any applicant who receives a temporary or renewable special use permit and who decides to proceed with the special use, does so realizing that the temporary special use permit has a fixed duration, and that all rights to continue that use terminate upon the expiration of the specified time, and that the renewable special use permit may not be extended beyond its original term. The applicant, in accepting a temporary or renewable special use permit, acknowledges and agrees that such special use permit confers no rights or privileges other than those specifically contained therein. SECTION 3. Queensbury Town Code Chapter 179, "Zoning," Article 10 entitled "Special Use Permits" is hereby amended by adding ~ 179-10-035 as follows: ~ 179-10-035 Pre-Existing Non-Conforming Uses. Substantiated Pre-Existing Non-Conforming Uses shall be exempt from a comprehensive Planning Board reVIew. To substantiate that a use qualifies for this exemption, the property owner shall submit a Site Plan Review application together with information demonstrating: 1. That the structure(s) associated with the use were constructed according the permitting procedures which were enforceable by the Town at the time of construction. 2. That the use of the property and associated structures has been continuous, to date, without interruption, since prior to 1981 for Marinas and prior to 1967 for all other uses. Consistent seasonal use may qualify as continuous use. The Planning Board shall, upon finding the substantiating evidence valid, complete and satisfactory, issue the applicant a Pre-Existing Non-Conforming Special Use Permit. This Special Use Permit shall be considered a permanent permit and may be modified only upon review and approval by the Planning Board. This Special Use Permit shall serve to document the existing status of the project. SECTION 4. Queensbury Town Code Chapter 179, "Zoning," Article 10 entitled "Special Use Permits" is hereby amended by adding language to ~ 179-10-060 (A) as follows: ~ 179-10-060 Specific Standards for Special Use Permits A. Marinas All marinas shall comply with the standards for Class A and Class B marinas as adopted by the Lake George Park Commission in 6NYCRR Part 646, as may be amended. Class A marinas are permitted by special use permit in the WR-IA and WR-3A zones. The Planning Board shall consider these standards in its special use permit review of any Class A marina. Class B marinas shall not require a special use permit and do not require the approval of the Town Planning Board. All Class A Marinas, as defined by this Article, in operation as of the date of the adoption of this chapter shall be required to apply for a Special Use Permit on or before January 1,2004. An existing Class A Marina may qualify for an Administrative Special Use permit per ~ 179-10-035. SECTION 5. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by revising Table 4 entitled "Summary of Dimensional/Bulk Requirements," to establish setbacks for the Mixed Use ZoneIMain Street as attached and made part of this Local Law. SECTION 6. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 7. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 8. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law ~27. RESOLUTION AUTHORIZING TOWN HISTORIAN TO MAKE ARRANGEMENTS WITH "EXPERIENCE WORKS" JOB TRAINING AND PLACEMENT AGENCY FOR TEMPORARY EMPLOYEE TO WORK IN TOWN HISTORIAN'S OFFICE RESOLUTION NO.: 148,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Historian has advised the Town Board of a federally funded program whereby the Town may hire a temporary, part-time employee to work in the Town Historian's office for approximately eight (8) hours a week at no cost to the Town, and WHEREAS, the Town Historian has requested Town Board authorization to make arrangements for such employment services from "Experience Works," ajob training and placement agency located at 33 Glen Street, Glens Falls, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Historian to make arrangements with "Experience Works," job training and placement agency for a part -time, temporary employee to work in the Town Historian's Office eight (8) hours a week, and BE IT FURTHER, RESOLVED, that the salary for such employee shall be at no cost to the Town and shall be paid for entirely by "Experience Works," and BE IT FURTHER, RESOLVED, that this arrangement shall be subject to termination at any time, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Historian, Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of March, 2003 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING PAYMENT TO C.T. MALE ASSOCIATES, P.C. FOR ADDITIONAL DESIGN SERVICES RELATING TO ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 149,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 444,2002, the Queensbury Town Board authorized engagement of C.T. Male Associates, P. C. (C.T. Male) for design, contract administration and construction observation services in connection with the creation of the Route 9 Sewer District, and WHEREAS, c.T. Male has advised the Town Board that due to a change in the Route 9 sewer alignment, it was necessary for C.T. Male to re-survey, re-evaluate the environmental issues and complete a revised drawing, resulting in additional sewer design services of $7,442 as delineated in c.T. Male's February 26th, 2003 letter to the Town's Deputy Wastewater Director presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs payment to C.T. Male Associates, P.C. for the additional design services it performed in connection with the Route 9 Sewer District for an amount not to exceed $7,442 as delineated in C.T. Male's letter dated February 26th, 2003 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for c.T. Male's additional services be from Account No.: 136-8150-4403, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Wastewater Deputy Director, Town Comptroller 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 10th day of March, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR 2003 COMBINATION DUMP BODY WITH SNOWPLOW AND HYDRAULICS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 150,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a 2003 Combination Dump Body with Snowplow and Hydraulics as specified in bid specifications to be prepared by the Highway Superintendent and/or Acting Purchasing Agent, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Acting Purchasing Agent to publish an advertisement for bids for a 2003 Combination Dump Body With Snowplow and Hydraulics for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Acting Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON ALICE CASTLE L.E./DOREEN GREEN'S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 151,2003 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, Alice Castle L.E./Doreen Green has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace the existing single-wide mobile home with a new 2003 doublewide mobile home on a concrete slab at property located at 469 Big Bay Road, 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 March 24th, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Alice Castle L.E./Doreen Green's application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit concerning property situated at 469 Big Bay Road, 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 10th day of March, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PAMELA WHITING TO CARRY OVER FIVE DAYS OF UNUSED VACATION TIME RESOLUTION NO.: 152,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Pamela Whiting, Office Specialist in the Town's Community Development Office, has requested Town Board authorization to carry over five (5) days of unused vacation time beyond her April 10th, 2003 employment anniversary date, and WHEREAS, the Town's Executive Director of Community Development has recommended that the Town Board approve such request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Pamela Whiting to carry over five (5) days of vacation time, such time to be utilized by May 10th, 2003. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4305 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 153,2003 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 up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and WHEREAS, a single family property, Case File # 4305, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, by Resolution No.: 76,2003, the Queensbury Town Board approved a rehabilitation grant in the amount offourteen thousand nine hundred ninety dollars ($14,990) for Case File #4305, and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is fifteen thousand two hundred ninety dollars ($15,290) and is still the lowest acceptable cost, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Town Board approves a grant for Case File #4305, Queensbury, New York, in the amount not to exceed fifteen thousand two hundred ninety dollars ($15,290) and authorizes and directs the Town Supervisor and/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 10th day of March, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS ANIMAL HOSPITAL RESOLUTION NO.: 154,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in the past the Town of Queensbury has contracted with the Glens Falls Animal Hospital (Animal Hospital) for the Animal Hospital's board of animals and as necessary, euthanasia and cremation services and the Town has paid for services provided by the Animal Hospital in accordance with the schedule of fees established by the Animal Hospital, and WHEREAS, the Town of Queensbury wishes to enter into a written agreement with the Animal Hospital for the Animal Hospital's boarding of animals and as necessary, euthanasia and cremation services, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town and Glens Falls Animal Hospital providing for the Glens Falls Animal Hospital's boarding of animals and as necessary, euthanasia and cremation services, as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement on behalf of the Town of Queensbury, and the Town Board further authorizes and directs the Town Supervisor and/or Animal Control Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPCA OF UPSTATE NEW YORK, INC. RESOLUTION NO.: 155,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously entered into an agreement with the SPCA of Upstate New York, Inc., (SPCA), providing for the SPCA's acceptance of dogs seized by the Town's Animal Control Officer that are not claimed or adopted from the Glens Falls Animal Hospital, and WHEREAS, SPCA and the Town wish to authorize continuance of such Agreement and a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town and SPCA of Upstate New York, Inc., providing for the SPCA's acceptance of dogs seized by the Town's Animal Control Officer that are not claimed or adopted from the Glens Falls Animal Hospital, as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement on behalf of the Town of Queensbury, and the Town Board further authorizes and directs the Town Supervisor and/or Animal Control Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF INDUSTRIAL & UTILITY VALUATION CONSULTANTS, INC. TO REVIEW APPRAISALS IN CONNECTION WITH ARTICLE 7 ASSESSMENT CASES COMMENCED BY PYRAMID COMPANIES RESOLUTION NO.: 156,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury is engaged in litigation with Pyramid Companies regarding real property tax assessments on the Aviation Mall for the years 1994 through 2001, and WHEREAS, the amounts in dispute are very substantial and could result in large refunds to the property owners if the Petitioners prevail in the litigation, and WHEREAS, upon the recommendation of the Assessor and Town Counsel this Board adopted Resolution 311,2001 to retain the firm of Industrial & Utility Valuation Consultants, Inc. (IUVC) to review the draft appraisal prepared by MDI Associates for the Town's use in tax assessment litigation on the Sherman Island Hydroelectric Facilities, and WHEREAS, IUVC has reviewed that appraisal and has provided the Town with very valuable advice and assistance, and WHEREAS, the Assessor and Town Counsel recommend that IUVC also be retained to review the appraisal prepared for the Town in the tax assessment litigation against Pyramid Companies on the Aviation Mall, as well as the appraisal submitted for trial by Pyramid Companies, and WHEREAS, IUVC's fee for appraisal review would be $175 per hour and it is estimated that the time necessary for review of the two appraisals would total approximately four to six hours, and WHEREAS, Counsel for the Queensbury Union Free School District will recommend that the School District similarly authorize review of the appraisals by IUVC, with the cost of such review to be divided evenly between the Town and the School District, and WHEREAS, the School District's Counsel fully anticipates that the School Board will authorize IUVC to perform the appraisal reviews under such arrangement with the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Industrial & Utility Valuation Consultants, Inc. (IUVC) to review appraisals prepared for the Town and Pyramid Companies for the trial of tax assessment litigation on Aviation Mall, with IUVC's fees for such services to be $175 per hour, which costs are to be shared equally by the Town and the Queensbury Union Free School District, and with the Town's share of such costs not to exceed $700 without the Town Board's prior approval, to be paid for from Account No.: 001-1355-4740, Assessor's Dept., Article 7, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Counsel and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY TAX ASSESSMENT CASES COMMENCED BY DOUGLAS MABEY & EXIT 18 BUSINESS PARK, INC. RESOLUTION NO.: 157,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Douglas L. Mabey and a corporation owned by him, Exit 18 Business Park, Inc., previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning certain commercial property located on Big Boom Road (tax map parcel nos.: 137-2-4.1 and 137-2-4.3) for the 1998, 1999,2000, and 2001 tax years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District has advised that upon Town Board approval of the proposed settlement, counsel will also recommend School Board approval, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Douglas L. Mabey and Exit 18 Business Park, Inc., concerning certain commercial property located on Big Boom Road (tax map parcel nos.: 137-2-4.1 and 137-2-4.3) for the 1998, 1999,2000, and 2001 tax years in accordance with the following revised assessment values: Tax Map Parcel No.: 137.-2-4.3 1998 1999 2000 2001 Original Assessed Value: $702,900 $702,900 $702,900 $702,900 Revised Assessed Value: $644,400 $644,400 $644,400 $644,400 Reduction: 58,500 $ 58,500 $ 58,500 $ 58,500 $ Tax Map Parcel No.: 137.-2-4.1 1998 1999 2000 2001 Original Assessed Value: $724,000 $724,000 $724,000 $724,000 Revised Assessed Value: $665,500 $665,500 $665,500 $665,500 Reduction: 58,500 $ 58,500 $ 58,500 $ 58,500 $ and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment of any and all refunds without interest be made to Douglas L. Mabey and Exit 18 Business Park, Inc., within forty-five (45) days from the date that a Demand for Refunds is served upon the Town of Queensbury, and BE IT FURTHER, RESOLVED, that if Town Counsel's review of applicable property tax statutes and pertinent case law indicate that the revised assessed values of the above-referenced tax map parcels should remain at $644,400 and $665,500, respectively, for the 2002/03,2003/04 and/or 2004/05 tax years, Town Counsel is hereby authorized to agree to the inclusion of such a provision in the settlement papers to be submitted to the Court, with such provision subject to the qualification that the Assessor may revise the assessed value(s) of any parcel(s) which the Petitioners further improve, or if the Town completes a revaluation, prior to anyone or more of such tax years, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY MARY AND WILLIAM CAREY, JOHN CAREY, CAREY REAL ESTATE DEVELOPMENT GROUP AND NORTHERN DISTRIBUTING COMPANY, INC. RESOLUTION NO.: 158,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Mary and William Carey, John Carey, Carey Real Estate Development Group and Northern Distributing Company, Inc. (Petitioners) previously commenced Article 7 Real Property Tax Assessment Review cases against the Town of Queensbury concerning the Northern Distributing property and adjacent parcels (tax map parcel nos.: 93-4-5; 136-1-4; 136-1-6; 137-2-1.1; 137-2-1.2; 137-2-1.3) for the 1997, 1998, and 1999 tax years, and concerning only the Northern Distributing property (tax map parcel no. 137-2-1.3) for the 2000, 2001 and 2002 tax years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District has advised that upon Town Board approval of the proposed settlement, counsel will also recommend School Board approval, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Mary and William Carey, John Carey, Carey Real Estate Development Group and Northern Distributing Company, Inc. concerning the Northern Distributing property and certain adjacent parcels identified above (being tax map parcel nos.: 93-4-5; 136-1-4; 136-1-6; 137-2-1.1; 137-2-1.2; 137-2-1.3) for the 1997, 1998, and 1999 tax years, and concerning only the Northern Distributing property (tax map parcel no. 137-2-1.3) for 2000,2001 and 2002, in accordance with the following: 1. There shall be no reduction or change in the assessed value of the parcels identified by tax map parcel numbers 93-4-5; 136-1-4; 136-1-6; 137-2-1.1; or 137-2-1.2 for years 1997, 1998, or 1999 as Petitioners have agreed to discontinue all proceedings on those parcels without any change in the assessed value of those parcels and without claim for any refunds of tax payments made with respect to those parcels for those years; 2. The assessed values of the Northern Distributing parcel, identified as tax map parcel number 137-2-1.3, shall be revised for tax years 1997 through and including 2002 in accordance with the following schedule: Tax Year: Current Assessment Revised Assessment 1997/98 1998/99 1999/00 2000/01 2001/02 2002/03 $2,049,400 $2,049,400 $2,049,400 $2,049,400 $2,049,400 $2,049,400 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Mary and William Carey, John Carey, Carey Real Estate Development Group and Northern Distributing Company, Inc. within forty-five (45) days from the date that a Demand for Refunds is served upon the Town of Queensbury, and BE IT FURTHER, RESOLVED, that in accordance with applicable law, this settlement shall fix the assessment of the Northern Distributing parcel, identified as tax map parcel no. 137-2-1.3, at $1,950,000 through the 2005/06 tax year unless Petitioners make a change to the property or the Town completes a revaluation before that time, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING SHELTER PLANNING AND DEVELOPMENT, INC. TO PERFORM AFFORDABLE HOUSING STRATEGY STUDY RESOLUTION NO.: 159,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 468, 2002, the Queensbury Town Board accepted $25,000 in grant funds from the New York State Small Cities Strategic Plan Technical Assistance Program, and WHEREAS, the Town's Department of Community Development (Department) has informed the Town Board that it wishes to use such grant funds for procurement of an Affordable Housing Strategy Study (Study), and WHEREAS, the Department solicited proposals for the Study and has recommended that the Town Board engage the services of Shelter Planning & Development, Inc., for the estimated amount of $25,000 as delineated in its February 25th, 2003 proposal, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Shelter Planning & Development, Inc. to perform the Affordable Housing Strategy Study described in this Resolution for an amount not to exceed $25,000 as delineated in its February 25th, 2003 proposal, and BE IT FURTHER, RESOLVED, that payment for these services shall be paid from Account No.: 016-8020-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the additional expenditure of an amount not to exceed $1,000 to cover the cost of Shelter Planning & Development, Inc printing copies of the Affordable Housing Strategy Study, to be paid for from the Planning/ Consulting Fees Account No.: 001- 8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and agreements in form approved by Town Counsel and the Town Supervisor and Community Development Department to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of March, 2003 by the following vote: AYES Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT None RESOLUTION AUTHORIZING CWSRF APPLICATION AND AGREEMENT FOR ROUTE 9 SEWER DISTRICT PROJECT FINANCING NEW YORK CLEAN WATER ST ATE REVOLVING FUND RESOLUTION NO.: 160,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury herein called the "Applicant," after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as the Route 9 Sewer District Project and identified as CWSRF Project No.: C5-5550- 03 -00 herein called the "Project," is desirable and in the public interest and to that end it is necessary that action preliminary to the construction of said Project be taken immediately, and WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the "Water Quality Act"), requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS, the State of New York has, pursuant to the State Water Pollution Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the "CWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes of the Water Quality Act; and WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the CWSRF Act; and WHEREAS, the CWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY as follows: 1. The filing of an application for CWSRF assistance in the form required by the Corporation in conformity with the CWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person is directed and authorized as the official representative of the Applicant to execute and deliver an application for CWSRF assistance, to execute and deliver the Project financing agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Applicant as may be required: Dennis R. Brower, Town Supervisor. 3. The official designated above is authorized to make application for financial assistance under the CWSRF Program for either short -term or long-term financing or both. 4. One (1) certified copy of this Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 625 Broadway, Albany, New York 12207-2997. 5. This Resolution shall take effect immediately. Duly adopted this 10th day of March by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING LOAN AND TRANSFER OF GENERAL FUNDS OF THE TOWN OF QUEENSBURY TO PAY A PORTION OF THE COST OF ACQUISITION, CONSTRUCTION, AND INST ALLA TION OF INFRASTRUCTURE FOR THE ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 161,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury (Town) established the Route 9 Sewer District (District) in accordance with New York State Town Law, and WHEREAS, the Route 9 Sewer District Capital Project Account was established for the purpose of making capital improvements to the District, and WHEREAS, on February 10, 2003, the Town adopted a Resolution (Bond Resolution) authorizing the issuance of its bonds or bond anticipation notes in an amount not exceeding Five Million One Hundred Seventy Thousand Dollars ($5,170,000) (Bonds) to finance a portion of the cost of the acquisition, construction, and installation of a sanitary sewage disposal system for the District, including gravity collection sewers, pump stations, pressurized force main sewers and a gravity sewer, and further including related preliminary and incidental costs, all as more fully described in the Engineer's Report prepared for the District by C.T. Male Associates, P.c., and further including related preliminary and incidental costs (Project), and WHEREAS, the Town plans to obtain financing through the New York State Environmental Facilities Corporation (EFC) which will take some time to arrange, and WHEREAS, due to the delay expected in obtaining such EFC financing, certain costs of the Project will be paid before receipt of proceeds of the issuance of the Bonds or bond anticipation notes, and WHEREAS, the Town has funds in General Fund Balance, various Reserves and Capital Projects which may be used only for certain purposes, but which are not immediately required for such purposes and which the Town Board wishes to temporarily use for the Project until such time as financing is obtained, NOW, THEREFORE, BE IT RESOLVED, that, in accordance with Local Finance Law ~ 165.10, the Queensbury Town Board hereby authorizes and directs the transfer of no more than $5,170,000 from the General Fund Balance or a Reserve or Capital Project to the Route 9 Sewer District Capital Project Account to pay a portion of the costs associated with the Project provided, however, that the transfer is made as a short term, no interest loan which shall be repaid from proceeds of the bonds or bond anticipation notes issued pursuant to the Bond Resolution as soon as such financing occurs and that such repayment will take place during 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take any and all actions necessary to effect the terms of this Resolution. Duly adopted this 10th day of March by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING LOAN AND TRANSFER OF GENERAL FUNDS OF THE TOWN OF QUEENSBURY TO PAY A PORTION OF THE COST OF ACQUISITION, CONSTRUCTION, AND INSTALLATION OF INFRASTRUCTURE FOR THE SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 162,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury (Town) established the South Queensbury - Queensbury Avenue Sewer District (District) in accordance with New York State Town Law, and WHEREAS, the South Queensbury - Queensbury Avenue Sewer District Capital Project Account was established for the purpose of making capital improvements to the District, and WHEREAS, on August 5th, 2002, the Town adopted a Resolution (Bond Resolution) authorizing the issuance of its bonds or bond anticipation notes in an amount not exceeding One Million Three Hundred Sixty Seven Thousand Five Hundred Ninety One Dollars ($1,367,591) (Bonds) to finance a portion of the cost of the acquisition, construction, and installation of infrastructure for the District to connect an existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant and further including related preliminary and incidental costs, all as more fully described in the Engineer's Report prepared for the District by Jarrett-Martin, LLP (Project), and WHEREAS, the Town plans to obtain financing from the New York State Department of Environmental Conservation Clean Water/Clean Air and the U.S. Department of Commerce-Economic Development Administration, which will take some time to arrange, and WHEREAS, due to the delay expected in obtaining such financing, certain costs of the Project will be paid before receipt of proceeds of the issuance of the Bonds or bond anticipation notes, and WHEREAS, the Town has funds in General Fund Balance, various Reserves and Capital Projects which may be used only for certain purposes, but which are not immediately required for such purposes and which the Town Board wishes to temporarily use for the Project until such time as financing is obtained, NOW, THEREFORE, BE IT RESOLVED, that, in accordance with Local Finance Law ~ 165.10, the Queensbury Town Board hereby authorizes and directs the transfer of no more than $1,367,591 from the General Fund Balance or a Reserve or Capital Project to the South Queensbury - Queensbury Avenue Sewer District Capital Project Account to pay a portion of the costs associated with the Project provided, however, that the transfer is made as a short term, no interest loan which shall be repaid from proceeds of the bonds or bond anticipation notes issued pursuant to the Bond Resolution as soon as such financing occurs and that such repayment will take place during 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take any and all actions necessary to effect the terms of this Resolution. Duly adopted this 10th day of March by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION CLARIFYING AND CONFIRMING TOWN COURT POSITIONS AND ESTABLISHING PART-TIME DEPUTY COURT CLERK POSITION RESOLUTION NO.: 163,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Justice Court (Court) is currently fully staffed with three (3) full-time positions as follows: 1. Clerk to Justice Michael Muller; 2. Clerk to Justice Robert McNally; and 3. Deputy Court Clerk; and WHEREAS, the Court has determined that the current staffing of the Town Justice Court is insufficient to meet the needs of the Court, and WHEREAS, in assessing the needs of the Court, it became evident that while the Court has, for approximately 10 years, had three (3) full-time positions, such positions may have been created during the budgeting process and not by formal Town Board Resolution, and WHEREAS, the Town Board wishes to clarify and confirm the current positions and status of the current Town Court positions, and WHEREAS, the Town Board wishes to have one (1) Court Clerk assigned to assist each Town Justice, a Court Clerk assigned to serve the needs of the Court and a Deputy Court Clerk to assist the Court Clerk, and WHEREAS, the Court wishes to create an additional part -time position of Deputy Court Clerk, and WHEREAS, the Queensbury Town Board wishes to establish the part-time position of Deputy Court Clerk in accordance with New York State Uniform Justice Court Act ~109, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes and/or reaffirms the following positions in the Town Justice Court, 1. Court Clerk to Justice Michael Muller; 2. Court Clerk to Justice Robert McNally; 3. Court Clerk (to serve needs of Court); and 4. Deputy Court Clerk; and BE IT FURTHER, RESOLVED, that the Town Board recognizes that the persons currently filling these positions are: 1. Karen Stockwell - Court Clerk to Justice McNally; 2. Carol Finamore - Court Clerk to Justice Muller; 3. Kerrie Hatin - Court Clerk and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes the position of Deputy Court Clerk in accordance with New York State Uniform Justice Court Act ~ 109, and BE IT FURTHER, RESOLVED, that the Town Board hereby sets the initial salary for such position at $9,840 annually ($10.17 per hour) for 19.5 hours of work weekly, and BE IT FURTHER, RESOLVED, that the Town Justices shall make an appointment to such newly established position, and BE IT FURTHER, RESOLVED, that it shall be the duty of the Deputy Court Clerk to assist the Court Clerk in the performance of his/her duties along with any other assigned duties, and in such duties, the Deputy Court Clerk will at times act for and in place of the Court Clerk, and BE IT FURTHER, RESOLVED, that the appointee to the Deputy Court Clerk position shall be required to take an Oath of Office, and BE IT FURTHER, RESOLVED, that the appointee shall satisfy Town requirements for a pre-employment physical, and BE IT FURTHER, RESOLVED, that it is the Town Board's intention for the positions of Court Clerk and Deputy Court Clerk to be Civil Service exempt positions and the Town Board therefore authorizes and directs the Town Justices to seek exempt classification, and BE IT FURTHER, RESOLVED, that appointment for Deputy Court Clerk shall be contingent upon such Civil Service classification of such position as exempt and should such exemption be denied, appointee may have to satisfy Civil Service requirements to continue employment, and BE IT FURTHER, RESOLVED, that the job duties and salary of Kerrie Hatin are not changed by this Resolution which clarifies her title and status, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Justices and/or Town Comptroller's Office to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR DEVELOPMENT OF KARNER BLUE BUTTERFLY MANAGEMENT PLAN FOR TOWN OF QUEENSBURY RESOLUTION NO.: 164,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury's Executive Director of Community Development has recommended that the Queensbury Town Board engage C.T. Male Associates, Inc., to develop a Kamer Blue Butterfly Management Plan to ensure Town compliance with the applicable provisions of the Endangered Species Act as amended in 1973, and WHEREAS, c.T. Male has offered to develop such plan for an amount not to exceed $13,500 as delineated in C.T. Male's Proposal dated March 5th, 2003 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of C.T. Male Associates, P.c., to develop the Kamer Blue Butterfly Management Plan referenced in this Resolution and as delineated in c.T. Male's Proposal dated March 5th, 2003 and presented at this meeting, for an amount to exceed $13,500 to be paid for from the Consultant Fees Account No.: 01-8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Executive Director of Community Development, Town Comptroller 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 10th day of March, 2003 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING SCHERMERHORN CONSTRUCTION, INC. AS OUT OF DISTRICT USER FOR WASTEWATER CONNECTION AND GRANTING RIGHT TO CONSTRUCT WASTEWATER FACILITIES ALONG BAY ROAD RESOLUTION NO.: 165,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Schermerhorn Construction, Inc., is working on a project and constructing a building on Bay Road in the Town of Queensbury for the Glens Falls Hospital and such project is a matter of public benefit, and WHEREAS, Schermerhorn Construction, Inc., is going to build wastewater infrastructure which will benefit this property and is intended to benefit other properties in the area, and WHEREAS, such wastewater infrastructure shall be that described in the Map, Plan and Report, with the exclusion of the Walker Lane portion, of Thomas W. Nace, P.E., an engineer, licensed by the State of New York dated August 16th, 2002 regarding Central Queensbury Quaker Road Sewer District Extension No.7, and WHEREAS, the Town Wastewater Department shall have the right to inspect and review the installation of such wastewater infrastructure, and WHEREAS, Schermerhorn Construction, Inc., intends to consider forming a transportation company to provide such services to other properties in the area, and WHEREAS, the Queensbury Town Board has determined that allowing this project to connect to Town sewer lines as an out of district user will be in the public interest, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Schermerhorn Construction, Inc., to be an out of district user for wastewater connection provided that such Schermerhorn Construction, Inc., shall sign an out of district contract in a form acceptable to the Town Wastewater Director, Wastewater Deputy Director and Town Counsel, which contract shall, without limitation, include provisions making it clear that all costs of the infrastructure and costs of connecting to and using the Town system (including, without limitation, City of Glens Falls buy-in fees, annual ad valorem equivalent charges, and operating and maintenance charges) are to be paid by Schermerhorn Construction, Inc. and also providing that if Schermerhorn Construction, Inc., shall default under such contract the Town has the right, at its option, to become the owner of all wastewater infrastructure and related easements at no charge to the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the granting to Schermerhorn Construction of an easement along Bay Road where the Town has received such easement, provided such easement shall be on a non-exclusive basis where the Town retains full rights to install its own sewer facilities at a later date should it decide to do so, and such easement shall be in a form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Resolution concerning the granting of the easement is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Article 7 and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition, and BE IT FURTHER, RESOLVED, that in the interim, the Town hereby authorizes and grants Schermerhorn Construction, Inc., a license to work on such property to install such wastewater infrastructure, and BE IT FURTHER, RESOLVED, that all parts of this Resolution are contingent upon Schermerhorn Construction, Inc., building such wastewater infrastructure as detailed in the Map, Plan and Report, with the exclusion of the Walker Lane portion, described above and the Town Wastewater Department's right to inspect, review and approve such infrastructure as it is being installed and that no work shall be done on Town property without first providing insurance in form and amounts satisfactory to the Town Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the necessary contract, easement and any other documentation and take all action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of March, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES Mr. Brewer ABSENT: None TOWN BOARD DISCUSSIONS 9:00 P.M. COUNCILMAN BOOR noted that Mike O'Keefe, who represents the group that would like to work with Warren County Soil and Water to dredge the north end of Glen Lake, has information that he would like to share with the board at a workshop session. I would ask that we wait until I get back, it's an important issue to me... The other issue, Henry and I met with Keith Laake, Cost Control Associates, and I think all of you got the memorandum with regards to a potential sixteen thousand dollar difference between what NIMO is saying we owed and what our subcontractor said was the case. Since then, I believe we have found out that we do not owe that if we do not change certain districts and I think maybe Henry speak a little more to that then I can. MR. HESS, Comptroller-Actually, what happened, we were looking at approximately fifteen thousand dollar increase in rates that we really couldn't identify, we couldn't pin down where it was and met with Keith Laake a couple of times and we weren't able to get to the bottom of it. Roger and I met with him last week and after the meeting, Keith was very informative about the background and how we got to where we are but he really couldn't clarify the billing issue. After he left, Roger and I decided to pursue this with NIMO on our own and after several phone conversations, we found out that the reports we were given really weren't complete, that in the Fort Amherst District, there's a sixteen thousand dollar benefit that we've been receiving for years, ever since we took that district over, having to do with the grandfathered old rate. If this district were to be billed at current rates, it'd be sixteen thousand dollars higher. We're grandfathered in and that wasn't reflected in the records, we nearly spentforty percent of that sixteen thousand dollars to find out we didn't owe it. But it does raise a couple of issues, one is if there ever is a restructuring, we have to be careful not to tamper with the borders of that district or we have to use the bargaining, some bargaining leverage to spread some of that savings over to other districts if we find we do need to tamper with it. Obviously, NIMO would like us to do something with that district because they'd like to get the billing up. We were very frank and said, well, we're not going to unless we can find a way to leverage saving some place else and we sort of left it at that. But one of the things that has come out of our recent conversations regarding lighting districts is the need for the town to map our lights. We do have an inventory that says where our lights are and what is on each pole, it's cryptic, it's not something we're going to need a key to understand the inventory we have, we can get that key but NIMO is not prepared to give us any GIS ormapping or any kind of graphics data that shows us where our lights are and where the locations are. And Chris has got a plan going now that it's really, it's critical to him and I think it's really going to be critical to the town in the future to aid billing discrepancies or billing questions that we had to do audits and we're just getting into the GIS and the mapping age and I think this is one of the areas we need to do that. So, I think in the near future we need to talk about how we go about an economically way of locating the street lights that we have an inventory for, actually locating them on a map as close as we possibly can so that we can do overlays and facilitate things like Chris is trying to do with business lighting districts and whatever. COUNCILMAN BOOR-I guess to add to that too, I went in and talked to Chris and it does turn out that we do pay for a lot of our lighting out of the general fund so it isn't all just district charges. COUNCILMAN TURNER-Most of the lights are at the intersection of the streets that bound our roads are paid for out of the general fund, those are put in no cost to the district. SUPERVISOR BROWER-I think it's important to note that we have requested GIS information, if available or maps from NIMO and to date, they haven't been willing to provide that to us. I assume they have it. MR. HESS, Comptroller-Depending on who you talk to they have it, the next person says the don't have it, under any circumstances, they're not willing to release it and we've offered to pay for it and that doesn't help. We can always surmise, we talk about why that's the case and one of the reasons is, it's competitive and the other issues, the town governments have with NIMO regarding taking over some of their facilities and whatever. So, they're just very possessive about specialized information that they have. So, I think we nearly need to give up hope on getting mapping information from NIMO and use the printed inventories that they have and develop our own. MR. ROUND, Executive Director-This is just one of the areas that we need to look at, the need to map infrastructure in the town. I know Ralph and Mike have looked at and have some rudimentary mapping of infrastructure, water and sewer infrastructure.... John Strough has talked to you about the Stormwater Project area on Route 9 that we're looking at impacting Hovey Pond. So, there are some economically ways to provide some mapping products but they're not necessarily usable in all different forums. You've got to be careful how you're creating that information and what your end result or the end use of that information is going to be. But with GIS, GPS and with some survey control, we can do some things like utility pole locations, like center line and road locations, those kinds of things that are going to provide value to the town whether it's in auditing or maintenance or other things so we'll come back to you with some more information on that. COUNCILMAN STEC-I've got three quick items... A slide presentation, most of the information came from Henry's Office but some also from the Clerk's Office of some historical data... It's a work in progress, I've started here but Henry is going to do more comprehensive review in the near future.... The graphs that you'll see, financial reports from the last ten or twelve years and from them I perused them and I know there's a lot more detail that can be done to get them more exact number in these instances but I felt that the general fund, end of year balance, the 12/31 at the close of year, that balance was a reasonable ball park of what would represent a surplus if you will but I think it would be more accurate to call it a general fund balance. These are the town and county tax rates since 1988 and you can see we started just over fifty cents a thousand in the town at the bottom, the blue line at the bottom down to of course, 2002 where it's zero.... While ours has been very steady and we've done a goodjob with that here at the town, the county's has definitely gone up over time... We've all talked a lot about actual versus budgeted sales tax revenue, the red line, is what we budgeted each of those years and the blue line was what we actually received in at the end of those years and then what I did was, I had the Excel print a trend line and the equations are on there so you can get an idea on what the slopes are but basically it's growing at a faster rate then we budget for it... To restate the last, what I did was subtracted the budget from actual and you can see that in two years in 1990 and 1991 we were slightly below budget, that's why it's a little below the zero line. Again, I printed another trend line showing that the amount is growing and you can see that in year 2000 we came in 1. 7 million dollars more then budget. Then the last slide, again, these are the end of year general fund balances from the financial reports and you can see that from 89 to roughly 96 it hovered in the 1 1/2 to 2 1/2 illion dollar range and what I did was, just to make sure that we're all clear, in 1998 to 2002 we had an inter- service fund and so what I did was, and it started off like 1998 was about two hundred thousand and then in 2002, it was a little over six hundred thousand. But for those four or five years, I added the inter-service fund to the general fund because it got rolled back to the general fund when we closed the account last year. So, that's the data that I provided, I know there's a lot more that should be and can be done but from what I've been able, with my level of expertise, that's just some data I wanted to throw out there... I also wanted to inform the board I had a meeting with the District Attorney, the Sheriff and a couple of Warren County Supervisors from Queensbury-At-Large, to discuss ways that the town, city and the county but we were more specifically talking about the town, how we can address the growing the drug issue in the county... The reason I was told to bring this up is becausethey've asked for a resolution for Friday's board meeting concerning this... The third thing I wanted to mention, I see we received request for our funding from the Snow Mobile Club and to clarify my position, while I'm not opposed to snowmobiles on trails, I'm extremely opposed to snowmobiles on town roads. I think this agreement should closely mirror what we've had in the past... It should definitely straighten out the map issue, I don't think the scale of the map, I really don't think that the letter of what we asked them to do they ever really did last year as far as marking it, acknowledging where the parking lot is on West Mountain Road and then I think a new issue that came up this year, is the issue of whether or not Glens Falls is going to allow access. If Glens Falls isn't going to allow access to their trails then maybe we need to make that part of this agreement. The snowmobile club was in the room when the decision was made to send county vehicles to clear snow from a town road and they kne that and they knew how we felt about it, or they knew how the majority felt about that particular issue and what I've been told, they said nothing at the meeting. I also note that the always seem to come looking for money at the end of the snowmobile season when enforcement issues are mute because the snow IS gomg. SUPERVISOR BROWER-I thought the map that they did was very clear on West Mountain Road being the parking private area. COUNCILMAN STEC-Better but the P on the parking was so big, that the one end of the P was over Traver Road, I mean, it wasn't clear, they could have done a little bit better job. But they made an effort to straighten it out, the map was an improvement for sure. So, I want to be involved in making sure that we have a decent agreement with these people. COUNCILMAN BREWER-Three items, when we went through this thing with the purchasing, you and Bob revised the purchasing procedures, we were going to get monthly reports if the number rose above five thousand. MR. HESS, Comptroller-Yea, that's right. COUNCILMAN BREWER-Maybe the number hasn't risen above five thousand, I don't know, I'mjust CUrIOus. MR. HESS, Comptroller-Let me find out about that, I think it did in January. COUNCILMAN BREWER-Dennis, Clifton Park, did you get a chance to talk to them? SUPERVISOR BROWER-I wasn't able to talk to Anita Daley. COUNCILMAN BREWER-You will though? SUPERVISOR BROWER-Yes. COUNCILMAN BREWER-The third thing is, the workshop Monday, our lawyer's here Roger, if you have concerns. COUNCILMAN BOOR-That was my point, I won't be here. COUNCILMAN BREWER-Well, that's not what you said. COUNCILMAN BOOR-No, my point was I think that if it is proper for Executive Session, I'd like to talk to our attorney about contracts that they have written before we comment on them in public. Mr. Wells got up and they have not signed their contract and I'm concerned that there may be ramifications that I'm unaware of and I was not comfortable discussing the issue without an attorney here... SUPERVISOR BROWER-Well, the question was, is that appropriate matter to discuss with contract, which the contract basically is with the fire companies, would that be appropriate for executive session? COUNCILMAN STEC-I was suggesting attorney client privilege. TOWN COUNSEL SCHACHNER-If you're just seeking to gain legal advice from us and not meeting with the fire departments during this discussion that you want to have in a nonpublic manner, then Councilman Stec his idea is certainly fine which as you know, you can, as long as you're limited to seeking and getting legal advice, you can meet with us any time, it's not even part of a public meeting. It's not executive session, it's an attorney client privilege meeting. Separate and apart from that, there are certain statutory ... grounds under which you can meet in executive session which means, as part of a public meeting, you can adjourn without public present, executive session. One of those specific grounds, the only one that would be potentially relevant here, the exact language is, matters leading to the appointment or employment of a particular person or corporation. Generally speaking, municipal law holds that if you're talking about, there's a misnomer or misunderstanding that all contracts can be subjec to executive session discussion, that's actually not true. But if it's a matter leading to the appointment or employment of a particular person or corporation which many contracts are, then that's something that can be discussed in executive session. Presumably here, we're talking about a contract with a fire department that constitutes their appointment or employment and that being the case, you could actually, so to speak, reach your call under either fashion. You could, if you're just gaining legal advice from us, you can do it as part of an attorney client privilege meeting that's not part of a public meeting or executive session. If you want to discuss this as a board, you could do that in executive session as a matter leading to the appointment or employment of a particular person or corporation, in this case the fire company. COUNCILMAN BOOR-That's really what I wanted to do. SUPERVISOR BROWER-I had a couple of things, first of all Dan Stec and I both attended the WEDC annual meeting this past week where they had a great presentation on Nano Technology and the potential future for Luther Forest and how that could dramatically impact the economic climate of our region, the capital region including our county and neighboring counties. Albany and the capital region have been identified as one of the three key areas in the country for a potential new chip manufacturing plant exploring the latest technologies in chip manufacturing. They tend to construct these plants at the low point in their economic growth which was predicted at possibly 2004 and if they does indeed occur, it will take it a couple of years for it to really affect neighboring communities but they mentioned that one plant costs 3 billion dollars to build. And Luther Forest site has the potential of a couple of plants. So, in Austin, Texas where the last plant was built, two thousand spin off industries were created round a fifty mile radius of the facility. So, I do think that Queensbury's efforts toward establishing shovel ready sites for infrastructure for economic developments going to payoff great dividends in the future for our region and I was pretty excited about it. COUNCILMAN BREWER-Referred to memo from South Queensbury Volunteer Fire Company and recommended workshop to discuss the matter further... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 166,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and Executive Session to discuss matters leading to the appointment or employment of a particular corporation and a personnel matter. Duly adopted this 10th day of March, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO.: 167,2003 INTRODUCED BY: Mr. Daniel Stec 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. Duly adopted this 10th day of March, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO. 168, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 10th day of March, 2003, 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