Loading...
2003-04-21 REGULAR TOWN BOARD MEETING APRIL 21, 2003 MTG. #19 RES. 207-225 7:00 p.m. TOWN BOARD MEMBER PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS TOWN COMPTROLLER HENRY HESS WATER/WASTEWATER SUPT. RALPH VANDUSEN EXECUTIVE DIRECTOR CHRIS ROUND DEPUTY W ASETW A TER SUPT. MIKE SHAW PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER Supervisor Brower-Opened the meeting Before we start with our public hearing that is scheduled for this evening I would just like to congratulate Henry Hess or should I say Doctor Henry Hess who received his certified financial managers designation last week. This is a Nation designation conferred by the Association of Government Accountants and it requires not only course work but also three exams. Mr. Hess has taken those three exams and passed them and has received that designation and I just want to congratulate him for the work that he has done. 1.0 PUBLIC HEARING 1.1 Public Hearing-Monahan Companies' request to Shift Operations to Washington County Empire Zone Notice Shown Supervisor Brower-This is a resolution that is required by State Law for a company that would like to leave one community and move to another that has an Empire Zone. They need to actually have permission from the community that they are leaving. In this particular case that is the situation with Monahan Companies. So, with that I would like to open the public hearing to anyone that would care to come forward and comment on the proposed resolution before us. Attorney Hafner-Dennis could I just make one point. We do have Justin Miller and his person from the IDA here that you had talked about? Mr. Justin Miller-I am here on behalf of the Empire Zone. Attorney Hafner-Justin, is here on behalf of the Empire Zone, I forgot to tell you that, Dennis. Supervisor Brower-Thank you, Justin if you would come forward I would appreciate it. Thank you very much. Mr. Justin Miller-Supervisor Brower, summarized the resolution perfectly, it is just a, basically a nuance within the General Municipal Law Statue creating the Empire Zones in New York State. If a company is going to leave a State leave part of the State that is not designated an Empire Zone and go into a designated zone area it needs to have the consent of the municipality in which it is currently located. In this particular case the Monahan companies which are fabricators of sheet metal they are located in a portion of the Airport Industrial Park on the Warren County side. They are intending to buy two lots of land within the Airport Industrial Park in Kingsbury on the Washington County side. They are going to build a new building and move their operations into a new facility. So, in order to get qualified as an Empire Zone entity they need to have the consent of your Board before doing so, in connection with the public hearing which you are now holding. Supervisor Brower-My understanding is their lease expires November 1, 2003. Mr. Miller-So, they are in contract with the IDA right now to purchase two new lots and hope to complete the facility before November to void not having a place to work. Supervisor Brower-Any questions of Jason while he is here? Councilman Boor-Justin is it? Do you also have to seek permission from Warren County or just Queensbury? Mr. Miller-Just the municipality in which their office or their business is located. Councilman Boor-I ask that because it is done by county, the Empire Zone so I find it a little odd that you come to a municipality and not the county. Mr. Miller-You are exactly right, Warren County has its own Empire Zone of which, part of which is located within your town. The shift resolution typically comes from the smallest municipality within which the business is located. If it was in a village it would be in a village. In this particular case the Town catches this business. Supervisor Browr- Thank you very much. At this time we will open the Public Hearing to anyone that would care to comment on the situation. Seeing none, I will close the public hearing and ask ... RESOLUTION APPROVING MONAHAN COMPANIES' REQUEST TO SHIFT OPERATIONS TO WASHINGTON COUNTY EMPIRE ZONE RESOLUTION NO.: 207.2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Monahan Companies, which include lE. Monahan Fabrications, LLC, Monahan Metals, Inc., and SMS Enterprises, LLC (Companies) currently operate at 559 Queensbury Avenue, Suites 1&2, Queensbury, New York, and WHEREAS, the lease agreement for the operating facility occupied by the Companies expires on November 1, 2003 and the Companies have decided to construct a new facility within the Airport Industrial Park located in Kingsbury, New York, and WHEREAS, the Companies expect to apply for Qualified Empire Zone Enterprise (QEZE) status through the Washington County Empire Zone in connection with such relocation, and WHEREAS, in accordance with New York State General Municipal Law ~959 (a)(iii), the Companies must secure the approval of the Town of Queensbury in order to obtain QEZE certification, and WHEREAS, the Queensbury Town Board duly conducted a public hearing and heard all interested persons on April 21st, 2003 concerning the Companies' proposed relocation and QEZE certification, NOW, THEREFORE BE IT RESOLVED, in accordance with New York State General Municipal Law ~959 (a)(iii), the Queensbury Town Board hereby approves the proposal by Monahan Companies to shift its operations from 559 Queensbury Avenue, Suites 1&2, Queensbury to the Airport Industrial Park in Kingsbury and to apply for Qualified Empire Zone Enterprise status through the Washington County Empire Zone, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of April, 2003 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT None 2.0 CORRESPONDENCE 2.1 The Community Development Supervisor's Report for March on file 2.2 Supervisor Brower-noted receiving a petition from a group of citizens that felt that with the increasing traffic demands on Bay Road that traffic calming measurers should be instituted either another traffic light or something. I am going to request that Sheriff Cleveland intensify the road patrol on Bay Road and make sure the people are abiding by the 45 mile per hour speed limit. 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 4.0 OPEN FORUM Mr. John Salvador-Foiled for the Annual Report from the Bay Bridge Development on their wastewater discharge should have been done by December 31st. Asked the status. Supervisor Brower-I believe that the developer has been notified that he has to have a report in, we will pursue that Mr. Salvador. Mr. Salvador-Spoke to the Board regarding the issue of the quantities of discharge, if they are going to tie in to the system that is being put in what quantities are being used? Noted that the development is a commercial operation, renting apartments not residential use, I cannot recall that they got a variance for commercial use in a residential zone. Many developments are being mis-characterized that has to be addressed. Spoke about town taxes and what should be done with surpluses, suggested the surplus could be used toward the Library District and the Fire District as part of the Town tax base. Mr. Pliney Tucker-41 Division Road RE: Resolution 5.11 Dredging of Glen Lake Warren County Soil is going to oversee the project? Supervisor Brower-They are going to be the lead agent. Mr. Tucker-The Towns share is forty three thousand dollars? Supervisor Brower-It could be as much as forty three thousand six hundred dollars is what is anticipated. Mr. Tucker-How did you arrive at that? Councilman Boor-Warren County Soils and Water gave us three prices based on different labor rates. This price of sixty three thousand six hundred was using the highest labor rate. Mr. Tucker-The purchase of property on Glen Lake was that a fair market price? Councilman Stec-We got an appraisal first. Supervisor Brower-Asked for further comments...hearing none the Open Forum was closed. 5.0 RESOLUTIONS RESOLUTION APPROVING PURCHASE OF 2000 CHEVROLET BLAZER CHIEF'S VEHICLE BY SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 208.2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury and the South Queensbury Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company's lease on its Chiefs vehicle recently expired and the Fire Company wishes to purchase a nearly identical vehicle, a 2000 Chevrolet Blazer, to serve as the Chiefs vehicle, for the amount of $12,993.50 plus approximately $1,600 for an extended warranty, and WHEREAS, the Fire Company wishes to pay for this purchase by incurring a 48 month installment debt with all payments to be made from non-Town funds, and WHEREAS, the Town Board wishes to authorize the Fire Company's proposed purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the South Queensbury Volunteer Fire Company, Inc.'s purchase of a 2000 Chevrolet Blazer to serve as the Chiefs vehicle for the amount of approximately $14,600 with the understanding that the Fire Company will incur a 48 month installment debt for this purchase with all payments to be made from non-Town funds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of April, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE PROPERTY FOR SITE OF PROPOSED NEW EMERGENCY SQUAD BUILDING RESOLUTION NO.: 209.2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to purchase property from the West Glens Falls Volunteer Fire Company, Inc., to be used as the site of the Squad's proposed new Squad building, for the sum of $30,000 plus an additional amount of $10,000 to cover soft costs including legal fees, survey costs and filings, and WHEREAS, moneys for the proposed property purchase are not included in the Squad's current 2003 Budget and Agreement with the Town, and WHEREAS, the Town Board wishes to set a public hearing concerning the Squad's proposed property purchase and amendment to its 2003 budget and Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the West Glens Falls Emergency Squad, Inc.'s proposal to purchase property from the West Glens Falls Volunteer Fire Company, Inc., and amend its 2003 emergency services budget and Agreement with the Town to provide up to $40,000 in funding for the property purchase and associated expenses, on May 5th, 2003 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 21st day of April, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None Discussion held: Councilman Boor-Questioned if the Board was going to look into the soft costs? Councilman Brewer-We could have the Emergency Squad bring in a break down at the public hearing so the public can understand what they are doing. RESOLUTION SETTING PUBLIC HEARING ON BAY RIDGE RESCUE SQUAD, INC.'S PROPOSAL TO TRADE IN AND PURCHASE HEART MONITOR/ DEFIBRILLATORS AND AMEND BUDGET RESOLUTION NO.: 210. 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to trade-in its heart monitoring/defibrillators and purchase new, updated Life Pack Twelve Monitor equipment for the net sum of $70,000, and WHEREAS, moneys for the proposed equipment trade-in and purchase are not included in the Squad's current 2003 Budget and Agreement with the Town, and WHEREAS, the Squad wishes to use $15,000 of Year 2002 unspent operating funds toward the trade-in and purchase, and WHEREAS, the Town Board wishes to set a public hearing concerning the Squad's proposed equipment trade-in and purchase and amendment to its 2003 budget and Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the Bay Ridge Rescue Squad, Inc. 's proposal to trade-in its heart monitoring/defibrillators and purchase new, updated Life Pack Twelve Monitor equipment and amend its 2003 emergency services budget and Agreement with the Town to provide up to $55,000 in funding for the equipment trade-in and purchase on May 5th, 2003 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 21st day of April, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AWARDING BID TO ARTCO FOR TRACTOR-MOUNTED BOOM TO BE USED BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 211. 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town's Acting Purchasing Agent duly advertised for bids for the purchase of a tractor-mounted 17' Boom with heavy duty grass flail, 60", for use by the Town Highway Department, as specified in bid specifications previously prepared by the Highway Superintendent and/or Acting Purchasing Agent, and WHEREAS, Artco submitted the only and therefore lowest responsible bid for the Boom in the amount of $27,993 and the Highway Superintendent and Acting Purchasing Agent have recommended that the Town Board award the bid to Artco, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for a tractor-mounted 17' Boom with heavy duty grass flail, 60", for use by the Town Highway Department, to Artco for an amount not to exceed $27,993 to be paid for from Highway Heavy Equipment Account No.: 04-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Acting Purchasing Agent to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of April, 2003 by the following vote: AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4305 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 212.2003 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, by Resolution No.: 153,2003, the Queensbury Town Board approved a revised cost to complete the work specified to fifteen thousand two hundred ninety dollars ($15,290) for Case File #4305, and WHEREAS, by Resolution No.: 174,2003, the Queensbury Town Board approved a revised cost to complete the work specified to sixteen thousand two hundred sixty dollars ($16,260) 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 nineteen thousand two hundred sixty dollars ($19,260) 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 nineteen thousand two hundred sixty dollars ($19,260) 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 21st day of April, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT None RESOLUTION AUTHORIZING MARCH OF DIMES WALK AMERICA WALK-A-THON RESOLUTION NO. 213.2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the March of Dimes Birth Defects Foundation has requested permission to conduct its annual walk-a-thon, Walk America, as follows: SPONSOR: March of Dimes Birth Defects Foundation EVENT: WALK AMERICA WALK-A-THON DATE: Sunday, April 27th, 2003 TIME: 10:00 a.rn. PLACE: Beginning and ending at Adirondack Community College (Letter and map regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the March of Dimes Birth Defects Foundation to conduct its annual walk-a-thon, Walk America, partially within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 21st day of April, 2003, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr, Brower, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF COLBY GARB AND JOSH LOPEZ AS TEMPORARY, PART-TIME LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 214. 2003 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Colby Garb and Josh Lopez as temporary Laborers to work for 10 weeks this summer under the direct supervision of the Town's Cemetery Superintendent, such employment proposed to commence in May, 2003 for Mr. Lopez and in June, 2003 for Mr. Garb, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees' relatives and Colby Garb is the son of Chuck Garb, a Working Foreman working in the Town Highway Department and Josh Lopez is the son of Michael Lopez, a Working Foreman working at the Pine View Cemetery, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Colby Garb and Josh Lopez as temporary Laborers to work 10 weeks this summer under the direct supervision of the Town Cemetery Superintendent, and BE IT FURTHER, RESOLVED, that these temporary employees shall be paid at the hourly rate set forth in the Town's Agreement with the Civil Service Employees Association and payment shall be paid from the appropriate Town payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, 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 21st day of April, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF EDWARD V. CURTIN, CONSULTING ARCHAEOLOGIST TO PREP ARE PHASE 2 ARCHAEOLOGICAL SURVEY FOR ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 215.2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 301.2002, the Queensbury Town Board authorized engagement of Edward V. Curtin, Consulting Archaeologist, to perform a Phase IIPhase IE Archaeological Survey in connection with the creation of the Route 9 Sewer District, and WHEREAS, by Resolution No.: 355,2002, the Queensbury Town Board again authorized engagement of Edward V. Curtin, Consulting Archaeologist, to perform a Phase 2 Archaeological Survey, and WHEREAS, the Town's Deputy Wastewater Director has advised that due to a change in the Route 9 sewer alignment, it was again necessary to engage the services of Edward V. Curtin to perform a Phase 1 archaeological survey, and Mr. Curtin completed such survey on the proposed pump station property located in the Great Escape parking lot, and WHEREAS, the Town's Deputy Wastewater Director has advised that a Phase 2 archaeological survey is now necessary and has recommended that the Town Board engage the services of Mr. Curtin for an amount not to exceed $5,150 as delineated in Mr. Curtin's proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Edward V. Curtin, Consulting Archaeologist, to prepare a Phase 2 Archaeological Survey for the Route 9 Sewer District in accordance with the proposal presented at this meeting, for an amount not to exceed $5,150 to be paid for from the appropriate General Fund Account, such amount to be refunded in full to the General Fund by future Sewer District users upon creation of the Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Deputy Wastewater Director, 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 21st day of April, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion held before vote: Councilman Boor-Could you share with the rest of the board what you told me as far as what happen and what the possible delay could be? Wastewater Deputy Mike Shaw-As the Board remembers we have done a phase I on the complete route for Route 9 early on in the project. We were required to do a phase II study on Dexter Shoe Outlet from then that time we had negotiated different easements and we had realigned some of the routes of the sewer and also we had negotiated with Great Escape and we also had negotiated different site for the pump site on the Great Escapes property. As the result of those couple of different alignments of the sewer piping and the pump station, required us to go back and do a Phase I in some of the realignment areas and particularly the pump station. That was completed last week and it came before us that we had to do an additional Phase II study, artifacts have been found on the Great Escape Site. This fifty one hundred dollars is for that study. The poblem we are running into is we are trying to get this out to bid first it has to go to DEC review then out to bid and we hope to have that done by June of this year so we can start construction. We are going to limit construction on the Route 9 corridor during July and August to mitigate any problems with businesses. We are talking about a fall construction period on the main route. This is going to back our project up at least a month and I am not quite sure with bidding going out if we are going to see any construction prior to July on Route 9. That was our goal to get some things done prior to July and stay off Route 9 in July and August. RESOLUTION DESIGNATING TOWN POLLING PLACES RESOLUTION NO. 216.2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Election Law (4-104, the Queensbury Town Board must submit a listing of the Town's polling places for each Election District to the Warren County Board of Elections, and WHEREAS, each location is accessible to the physically handicapped in accordance with Election Law (4-104-1-a, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates the following locations as the Town of Queensbury's polling places for each Election District: W ARD/ELECTION DISTRICT LOCATION 1/1 1/2 1/3 1/4 1/5 1/6 North Queensbury Firehouse Bay Ridge Firehouse (Bay Road) Bay Ridge Firehouse (Bay Road) Warren County Municipal Center Bay Ridge Firehouse (Bay Road) Warren County Municipal Center W ARD/ELECTION DISTRICT LOCATION 2/1 2/2 2/3 2/4 2/5 2/6 South Queensbury Firehouse Queensbury Activities Center Queensbury Central Firehouse (Lafayette Street) Queensbury Activities Center Warren County Municipal Center The Glen at Hiland Meadows 3/1 3/2 3/3 3/4 3/5 3/6 Queensbury 4/5 School Gym Queensbury 4/5 School Gym Queensbury 4-5 School Gym Kensington Road School Queensbury 4/5 School Gym Queensbury 4/5 School Gym 4/1 West Glens Falls Firehouse (Luzerne Road) 4/2 4/3 4/4 4/5 4/6 West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (VanDusen/Luzerne Roads) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (VanDusen/Luzerne Roads) 4/7 4/8 4/9 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a copy of this Resolution to the Warren County Board of Elections. Duly adopted this 21st day of April, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 194,2001 REGARDING REZONING OF PROPERTY OWNED BY STEWART'S SHOPS, CORP. RESOLUTION NO.: 217.2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 194,2001 the Queensbury Town Board authorized amendment of the Town's Zoning Ordinance and Map to rezone properties owned by Stewart's Shops, Corp. bearing Tax Map No.'s: 136-1-9.1; 136-1-9.2; 136-1-20; 136-1-11 and 136-1-12 (now Tax Map Parcel No.: 309.13-2- 25) located at Big Bay and Corinth Roads, Queensbury from LI-IA (Light Industry-One Acre) to CR-15 (Commercial Residential- 15,000 Square Feet), and WHEREAS, such Resolution provided that such rezoning was contingent upon Stewart's conveying portions of its properties not utilized by Stewart's to adjacent neighbors, and WHEREAS, the Executive Director has advised the Town Board that he believes Stewart's can satisfy the intent of the Town's rezoning approvals by Stewart's imposition of deed restrictions that will keep the properties "forever wild," and WHEREAS, the Town Board wishes to amend Resolution No. 194,2001 to clarify that the rezoning is approved if the property transfer(s) do not occur so long as the property is encumbered by deed restrictions rendering it "forever wild," and WHEREAS, the Town Board also wishes to clarify that any property transfers that do occur are at the expense of the adjacent property owner(s) and that Stewart's is retaining three of the lots for septic expansion and/or future municipal sewer service, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 194,2001 to add additional provisions into the Resolution as follows: "RESOLVED, that the applicant agrees to connect to municipal sewer service if extended to this property and applicant further agrees to convey portions of its property, with the exception of land adjacent to lots identified as 309.13-2-20, 309.13-2-21 and 309.13-2-22 which is needed by the applicant for future septic expansion and/or municipal sewer service, to adjacent neighbors as depicted on applicant's Traffic Maintenance Plan S-2 dated January 24,2001 and accompanying Planning Staff Map with such properties to be conveyed to adjacent neighbors to remain zoned Light Industry - One Acre (LI-IA), such conveyances to be at the expense of the adjacent property owners, and BE IT FURTHER, RESOLVED, that Stewart's must either impose deed restrictions that will keep the properties "forever wild" or offer to convey to the adjacent landowners such properties as described above, or a combination of both as long as any "forever wild" properties shall be contiguous to and remain part of the Stewart's parcel. and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 194,2001 in all other respects. Duly adopted this 21st day of April, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Discussion held before vote: Councilman Boor-Requested that when tax map numbers are involved that a map be included... Executive Director Round-Town Counsel Hafner has a minor change a clarification of the language. Town Counsel Hafner-We have a proposed Resolved to replace the fully bolded resolve on the second page, it needs to be clearer that there is an or in the resolved not first one, then the other, we are replacing that with "Resolved, that Stewarts must either impose deed restrictions that will keep the properties forever wild or offer to convey to the adjacent landowners such properties as described above or a combination of both as long as For Ever Wild properties shall be contiguous to and remain part of the Stewarts parcel." We did not want any independent parcels not attached. Councilman Brewer-What will happen if the first two people say ok we will take it and the third says no I do not want it? Town Counsel Hafner-The Stewarts parcel goes along the back of the property on Big Bay he wll offer it to the southern most person and if they say yes they get it, the next person up if they say yes they get it, if he gets a no he will stop there because then you would have a parcel that is not attached. Councilman Stec and Councilman Boor agreed to the proposed change. RESOLUTION AUTHORIZING AGREEMENT WITH WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT AND ESTABLISHING APPROPRIATIONS IN CONNECTION WITH GLEN LAKE DREDGING PROJECT RESOLUTION NO.: 218.2003 INTRODUCED BY: Mr Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Warren County Soil and Water Conservation District (County) is serving as Lead Agency and is sponsoring a plan to dredge and remove up to 20,000 cubic yards of muck out of Glen Lake beginning at the northern shoreline and extending about 130 feet into the water, and WHEREAS, Queensbury Town Board is supportive of the County's dredging plan as it will help to restore fishing and improve recreational opportunities on Glen Lake for all Town residents as Glen Lake is the only lake in Queensbury with public access, and WHEREAS, the Town Board wishes to fund a portion of the total estimated $63,600 in dredging costs, with the Glen Lake property owners also paying a portion of the dredging costs, and WHEREAS, the Town Board wishes to enter into an Agreement with the County regarding the Town's financial support of the County's Project, and also establish total appropriations and estimated revenues for the County's Project, and WHEREAS, a copy of a proposed Agreement between the Town and County is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of the Warren County Soil and Water Conservation District's Glen Lake dredging project and hereby pledges its financial support of the project by establishing appropriations and estimated revenues in the amount of $43,600 for such project with the source of such appropriations and estimated revenues to be funded by the transfer of $43,600 from Contingency Account No.: 001-1990-4400 to Community Services Misc. Contractual Account No.: 001-8989-4400, with the condition that the Town will disburse $20,000 to the County only after the Glen Lake homeowners have contributed their equal $20,000 share, and after the total of $40,000 is disbursed, vouchers can be submitted to the Town for additional amounts up to $23,600, such vouchers to include copies of contractor invoices and all other information required by the Town Supervisor, Town Comptroller and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to amend the 2003 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement between the Town and Warren County Soil & Water Conservation District substantially in the form presented at this meeting and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of April, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None Discussion held before vote: Councilman Brewer-Where does the money come from Henry? Comptroller Hess-It will come out of contingency. RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST TWO (2) 5K RACES RESOLUTION NO. 219.2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct two (2) 5K races (runs/walks) as follows: SPONSOR Adirondack Nautilus, Ltd. EVENT 5K RACE (RUN/WALK) DATE: Saturday, May 17th, 2003, 9:00 a.rn. and Saturday, August 9th, 2003, 9:00 a.rn. PLACE Beginning at Queensbury Racquet Club/ Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd. to conduct two (2) 5K races (runs/walks) in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves these races subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the races, and BE IT FURTHER, RESOLVED, that these races shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 21st day of April, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING PLACEMENT OF CANOPY ON TOWN COURTHOUSE LAWN FOR USE BY ADIRONDACK NAUTILUS LTD. RESOLUTION NO.: 220.2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Adirondack Nautilus, Ltd., has requested permission to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 17th and August 9th, 2003 for the conducting of its Open House and Annual 5K Races, and WHEREAS, Adirondack Nautilus, Ltd., has provided a Certificate of Liability Insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Adirondack Nautilus, Ltd., to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 17th and August 9th, 2003, and BE IT FURTHER, RESOLVED, that the Town Board further directs that Adirondack Nautilus, Ltd. shall have the responsibility to clean and/or repair the site to the satisfaction of the Town' Facilities Manager after each event. Duly adopted this 21st day of April, 2003 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION SETTING STIPEND FOR TOWN OF QUEENSBURY'S FAIR HOUSING OFFICER RESOLUTION NO. 221. 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 191,2003, the Queensbury Town Board set forth its Fair Housing Plan and Responsibilities in connection with the New York State Small Cities Community Development Block Grant Program and appointed Marilyn Ryba, Senior Planner, as the Town's Fair Housing Officer and person responsible for implementing the Town's Fair Housing Plan, and WHEREAS, the Town's Executive Director of Community Development has advised the Town Board that the responsibilities of the Fair Housing Officer fall outside the scope of the Senior Planner's current duties and the Fair Housing Officer may be compensated with funds from the Town's current Small Cities grant monies designated for administration, and WHEREAS, the Executive Director has recommended that the Town Board authorize an annual stipend for the Town's Fair Housing Officer in the amount of $2,000 for the additional duties and responsibilities of the position, paid only so long as the Town is administering the grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that an annual stipend in the amount of $2,000 be paid to Marilyn Ryba as the Town's Fair Housing Officer (in addition to Ms. Ryba's annual salary for the full-time Senior Planner position) paid only so long as the Town is administering New York State Small Cities Community Development Block Grant Program funds, and BE IT FURTHER, RESOLVED, that such stipend shall be paid from the Town's current Small Cities grant monies designated for administration, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director of Community Development, Fair Housing Officer and/or Town Comptroller to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of April, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING PARTICIPATION IN NATIONAL NON-PROFIT ORGANIZATION, "AMERICA SUPPORTING AMERICANS" AND SUPPORTING DELTA COMPANY, 1ST BATTALION 504TH PARACHUTE INFANTRY REGIMENT, 82ND AIRBORNE DIVISION ATTACHED TO 2ND BATTALION RESOLUTION NO.: 222.2003 INTRODUCED BY: THE ENTIRE TOWN BOARD WHO MOVED ITS ADOPTION WHEREAS, the "America Supporting Americans (ASA)" program was created on March 4, 1968 to provide a mechanism whereby all branches of the United States Armed Services would be "adopted" by an American city, and WHEREAS, the purpose of the adoption program is to bond Americans with the men and women who bravely serve our country, and WHEREAS, there are currently cities in nine (9) states that have adopted over 60 active units of all branches of the service, and WHEREAS, the Town of Queensbury wishes to support this Program and show its respect and support of the nation's military units, and wishes to adopt the following unit: Delta Company, 1st Battalion 504th Parachute Infantry Regiment 82nd Airborne Division attached to the 2nd Battalion NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes its participation and affirms its support of the "America Supporting Americans (ASA)" program and hereby authorizes adoption of the following military unit: Delta Company, 1st Battalion 504th Parachute Infantry Regiment 82nd Airborne Division attached to the 2nd Battalion and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution along with an appropriate letter to the Delta Company, 1st Battalion and the America Supporting Americans (ASA) organization, and BE IT FURTHER, RESOLVED, that this Resolution shall be effective immediately. Duly adopted this 21st day of April, 2003 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Discussion held before vote: Councilman Brewer-I got a call two weeks ago from a constituent that said he saw this on Larry King Live, what it is, a lady whose husband died in the Viet Nam war took upon herself and started a little organization called America Supporting Americans and what it is, is basically communities though out the Country adopt a Battalion in the military nothing more than sending letters, sending good news, thanks for your support and basically that is what it is. This lady, her name is Linda Patterson, I sent her an e-mail and asked for more information she gladly sent it back to me and was very excited that someone in our community wanted to do this. We are the first Town in New York State to adopt any of these units, I am very happy and proud to say that I am going to be working with Darleen, John Strough and some others to get the word out to the Schools, Seniors or anybody in the community that wants to help send some morale to the people that are protecting our country overseas Noted this group is in Afghanistan. Councilman Boor-Questioned if e-mails could also be done...Councilman Brewer-noted he will look into that. 6.0 ACTION ON RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 7.0 TOWN BOARD DISCUSSIONS Comptroller Hess-Noted the Annual Report to be filed with the Comptrollers Office has been submitted to me for final review and will be submitted by the 30th... The field audit will start on Monday...Will be working on an analysis of the fund balance...also will have a Management Discussion and Analysis, that will take a couple weeks to have a draft completed... Councilman Brewer-Should the process be started for the Specs on the W.G.F. Roof? Supervisor Brower-I am hoping that we will have the list of vendors that the County used for the roof on the County Center, they can bid it out to those vendors... Councilman Brewer-Do you want me to get them going on the specs and then find out the list of contractors? Supervisor Brower-Yes. Read the following letter into the record: Supervisor Brower and Town Board Members, Thank you for your decision to once again support the South Warren Snowmobile Club. We are extremely proud and happy to be able to say the Town of Queensbury supports snowmobiling in Warren County. I have read the agreement sent to me by Pam Martin and would like to propose a few changes and ask a few questions. I will be in contact with Pam shortly to discuss these issues but I also maybe reached at the following phone number during regular business hours. A voice mail may be left if I am not immediately available. He had a few concerns about the contract agreement. Item 2 indicated we already show West Mountain Road as a designed parking area we were given a condition in years past by the Town of Queensbury not to show or mention Traver Road on any of our maps and or publications, we have not. If we are directed to have a message that prohibits parking on Traver Road should we put it back on the map so people know where we are referring. There are no road sins designating Traver Road on the Road itself there should also be a barrier erected by the Town of Queensbury at the end of Traver Road closest to the parking lot in question. This would discourage parking and unauthorized use of Traver Road while helping the illegal vehicles on the trail situation. I think I remember seeing part of the old barricade in that area. I think part of the problem the board has is the same problem that we see with Glens Falls, we do not want to see barriers across trails. Councilman Stec-I think we did discussed that night that if we wanted a sign we would do the sign. Regarding the map when you see the P on the scale of that map the P covers both parking lots, it was not very clear, clearer would be better. Supervisor Brower-Item 3 This is most agreeable but has to be contingent upon Earth Tech and the City of Glens Falls allowing the yellow gate located by the bridge near the end of Traver Road to be open 24 hours per day 7 days a week, once the snowmobiles season begins. Please include wording to that effect. In Misc. We have no paid employees and pay no wages so the Federal and State Law we are exempt from having to carry workers comp or employer liability policy, we are a registered charity with tax exempt status. We have had the clause removed from a few other contracts and agreements we have entered into. Thank you for your consideration. Noted he will give a copy to the Board of these remarks. Comptroller Hess-Regarding the Workers Comp question the fact that they have no paid employees does not exempt them from carrying worker comp for their volunteers. Supervisor Brower-I will get back to thern. I will need an Executive Session regarding a personnel issue. Executive Director Round-Requested a tickler on the agenda for Town Managers Concerns. 1. Small Cities grant application went out in time and hopefully we will have a competitive application. Thanked Marilyn for all her work on that and Tim actively participating in that as well. 2. Saturday May 3rd. ARCC Quality Life Expo The Town is participating in that from 9 to 5. at the Glens Falls Civic Center 3. May 5th in partnership with the 4/5 Bldg. Qsby. School, Warren Washington County Soil and Water Conservation Dist. And thanks to donations from the Queensbury Land conservancy and from Niagara Mohawk are providing tree seedlings to every kid in the 4/5 building, 650 students. We will do a twenty minute educational piece for each class room, they will receive the tree and instructions on how to plant it. Hopefully this will be an annual event, basically build a tree city USA Program here in the Town, and looking at establishing a tree preservation program and looking to educate the public about he benefits of urban forestry. 4. May 6th Open Space Public Hearing 7:00 P.M. 5. Received draft of Karner Blue Habitat Management Plan 6. Sewer District Extension-Mike Shaw Deputy Wastewater Supt. With Director Chris Round using mapping of the Sherman and Luzerne Road areas spoke to the Board about the feasibility of extending the sewer district. Suggested the Barton and Loguidice be hired to give estimates for the projects. Supervisor Brower-Thursday April 24th Safety Awareness Day from 11 to 3. For all Town Employees to raise the awareness of safety. Comptroller Hess-We have brought a lot of attention from our safety group our insurance carrier and from our workers comp carrier they have all lauded us in fact they will be represented at Thursdays meeting in addition to three or four representatives from East Greenbush. Our safety group, and workers comp and the State Insurance Fund sort of holding the Town of Queensbury up as a model for focusing on safety issues and we agreed to let representatives from the Town of East Greenbush come up and see how we celebrate our safety day and talk to people that are grass routes instrumental in that. 8.0 ATTORNEY MATTERS Town Counsel Hafner-I. Two parcels being purchased through the Recreation Commission, the signed contracts are in our hands, we have title for one parcel we are waiting until after the referendum period before we review title and go to closing. The other parcel they are getting together for us. 2. Memo re: real estate matter please get back to me. 3. Dennis signed the deed that was authorized in the inter- municipal wastewater agreement with the City of Glens Falls and that has been sent off to Glens Falls for their review and recording...Regarding the South Queensbury Sewer there was a provision that because all four municipalities were involved, Queensbury, Kingsbury, Warren County and Washington County are all funding this infrastructure because of the financing we had to share ownership of the different lines. Those easement were recorded last week which will facilitate Washington County getting their money from EDA which then they are supposed to under the agreement pay to us. That should be hapening shortly. Supervisor Brower-Requested that Water Superintendent Ralph VanDusen attend the Executive Session. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 223.2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss personnel issues. Duly adopted this 21st day of April, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURING EXECUTIVE SESSION RESOLUTION NO. 224.2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. Duly adopted this 21st day of April, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None No action taken. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 225.2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 21st day of April, 2003 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury