2003-01-06 ORG
Organizational Meeting, 01-06-2003, Mtg #1
420
ORANIZA TIONAL MEETING
JANUARY 6TH, 2003
7:05 P.M.
MTG.#1
RES. 1-61
BOH 1-5
BOARD MEMBERS PRESENT
SUPERVISOR DENNIS BROWER
COUNCILMAN ROGER BOOR
COUNCILMAN THEODORE TURNER
COUNCILMAN DANIEL STEC
COUNCILMAN TIM BREWER
TOWN COUNSEL
BOB HAFNER
TOWN OFFICIALS
Ralph VanDusen, W aterlW astewater Superintendent
Mike Shaw, Deputy W aterlW astewater Superintendent
Chris Round, Director of Community Development
Marilyn Ryba, Senior planner
Dave Hatin, Director of Building & codes
Supervisor Brower called meeting to order. . . .
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DENNIS BROWER
1.0 RESOLUTION ENTERING BOARD OF HEATH
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 1, 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 from
Regular Session to enter as the Queensbury Board of Health.
Duly adopted this 6th day of January, 2003, by the following vote:
AYES:
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES:
None
ABSENT:
None
BOARD OF HEALTH
PUBLIC HEARING - SEWER VARIANCE - CLYDE & SHIRLEY SMITH
NOTICE SHOWN
7:05 P.M.
SUPERVISOR BROWER-Is the applicant or the applicant's representative here? Okay, if you'd
come forward please and introduce yourself for the record.
MR. CLYDE SMITH-I'm Clyde Smith, the applicant for the variance.
SUPERVISOR BROWER- Thank you. Mr. Hatin is here too I see. Dave, would you like to join
Mr. Smith. I take it, you've reviewed this application.
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MR. DAVE HAT IN, Director of Building & Codes-Yes, John O'Brien has spent quite amount of
time with Mr. Smith to get the best possible solution we could. I believe the layout you have
before you is the best alternative.
COUNCILMAN STEC-You're talking about fifteen feet of relief from the hundred?
MR. HAT IN, Director of Building & Codes-Right, that's the best we can do given the layout of
the lot and the septic system.
COUNCILMAN BREWER-And the existing is going to remain?
MR. HAT IN, Director of Building & Codes-No, that's the existing tank and line, and that, he is
going to reuse that, yes. So, the system will be new, so.
COUNCILMAN BREWER-Where was it going the other, before this, Dave, which way?
MR.HATIN, Director of Building & Codes-I believe it was right in the back.
MR. SMITH- Yes.
MR. HAT IN, Director of Building & Codes-Right by the septic tank behind the garage. So, it is
an improved distance ...
COUNCILMAN BREWER-It's just a conventional system?
MR. HAT IN, Director of Building & Codes- Yes.
COUNCILMAN TURNER-Elgin system.
MR. HAT IN, Director of Building & Codes-Elgin system, conventional system.
COUNCILMAN BOOR-That's almost conventional nowadays.
SUPERVISOR BROWER-Further questions from board members?
COUNCILMAN TURNER-I'm satisfied, fifteen feet is minimal relief.
SUPERVISOR BROWER-Do you have anything to add Mr. Smith?
MR. SMITH -No, except there's no other possibilities.
SUPERVISOR BROWER-You have limited options, right?
MR. SMITH- Yes.
COUNCILMAN BOOR-We've granted far greater variances then this and you're the only one
it's going to impact so I have no problem with it.
SUPERVISOR BROWER-Okay, thank you very much. Do I have a motion?
COUNCILMAN STEC- You've got to open the public hearing.
COUNCILMAN BREWER-You ought to let the public speak.
SUPERVISOR BROWER-Is this a public hearing?
TOWN COUNSEL HAFNER- Yes.
SUPERVISOR BROWER-Okay, thank you. If you'd have a seat, I'll open this public hearing
up. Would any member of the public present here to comment on the application before us this
evening for Clyde and Shirley Smith for onsite sewage disposal variance? Hearing none, I'll
close the public hearing at this point.
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PUBLIC HEARING CLOSED
7:09 P.M.
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE
APPLICATION OF CLYDE AND SHIRLEY SMITH
BOARD OF HEALTH RESOLUTION NO.: 1,2003
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, Clyde and Shirley Smith have filed an application for a variance from a
provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application
requesting that the Local Board of Health allow a replacement leach field to be located 85' from
their well in lieu of the required 100' setback on their property located at 42 Jenkinsville Road,
Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the
Town's official newspaper and the Local Board of Health conducted a public hearing concerning
the variance request on January 6th, 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, that
a) due to the nature of the variance, it is felt that the variance will 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) the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of the land and that the variance granted is the minimum variance
which would alleviate the specific unnecessary hardship found by the Local Board of
Health to affect the applicants; and
BE IT FURTHER,
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RESOLVED, that the Town of Queensbury Local Board of Health hereby approves
Clyde and Shirley Smith's application for a variance from the Sewage Disposal Ordinance to
locate a replacement leach field 85' from their well in lieu of the required 100' setback on
property located at 42 Jenkinsville Road, Queensbury and bearing Tax Map No.: 279-19.1-21.
Duly adopted this 6th day of January, 2003 by the following vote:
AYES
Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES
None
ABSENT:
None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF KENNETH AND LEIGH SEARLES
BOARD OF HEALTH RESOLUTION NO.: 2,2003
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health
and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site
Sewage Disposal Ordinance, and
WHEREAS, Kenneth and Leigh Searles have applied to the Local Board of Health for a
variance from Chapter 136 to allow their pump pit and septic tank to be located thirty-four feet
(34') from Glen Lake in lieu of the required fifty feet (50') setback on their property located at
51 Birch Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a
public hearing on January 2ih, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury, to consider Kenneth and Leigh Searles' sewage disposal variance application
concerning their property situated at 51 Birch Road in the Town of Queensbury (Tax Map No.:
289.13-1-29) and at that time all interested persons will be heard, and
BE IT FURTHER,
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RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of
the Notice to neighbors located within 500 feet of the property as required by law.
Duly adopted this 6th day of January, 2003, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES
None
ABSENT:
None
RESOLUTION DECLARING A HEALTH HAZARD AND SETTING
HEARING CONCERNING UNSAFE PROPERTY OF BILLY JOE MEADER
LOCATED AT 24 GARNER STREET - TAX MAP NO.: 309.11-1-16
BOARD OF HEALTH RESOLUTION NO.3, 2003
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
DISCUSSION:
SUPERVISOR BROWER-Dave, do you want to, I read your, this is the second instance of
sewage discharge.
MR. HAT IN, Director of Building & Codes-Right, this started back in April of 2002, we
received a complaint from the neighbor, Mr. Chandler, complaining of a septic order from his
neighbor's property. I investigated it, found that the septic system was over flowing on the
ground. Contacted the owner, he had it pumped, at the time refused to replace it saying that his
septic contractor had told him that the system was fine, it just needed to be pumped and they
covered the area. That was fine until this fall about November, the end of November, we
received the same complaint again from the same neighbor. Went out there, found out the dog
had dug a hole in the dog yard where the dog is chained up and actually dug into the septic
effluent that was leaching out from the pit. Again, citing Mr. Meader and the tenant who lives
there, Ms. Manza. But I don't know if it's a girlfriend or who she is, found out that apparently
Mr. Meader doesn't live at the property anymore, I've heard conflicting stories, I'm not sure.
Served papers on them, ordered them to correct the situation. Received a call from Ms. Manza's
mother, who works for an attorney and told me I had no right to be on the property and that there
was no problem, they had it taken care of it. I talked to Cook's Septic System who pumped the
tank at that time, they told me that the pit was full, they had pumped it, they figured they could
clean it and buy it some more time but if the pit is full, that means it's failed basically, it's not
leaching properly.
COUNCILMAN BOOR-And what was the interim on these two occurrences?
MR. HAT IN, Director of Building & Codes-Oh, you're talking April to November, so.
Received a letter from the neighbor again who had complained and he called me tonight before I
left work to tell me that he was again smelling the odor from the property in the same area.
COUNCILMAN BOOR-This a single family residence?
MR. HAT IN, Director of Building & Codes-Single family residence. What I suggest the board
is have a hearing, what I would like to do is, if they won't take any action to correct it which is
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basically to install a new system, is to shut the water off to the house in order to vacate it until
such time that they do. So, that's what I'll be asking for.
COUNCILMAN BOOR-Whose living there now? Is a family?
MR. HAT IN, Director of Building & Codes-It's a, there's a male, a female and I believe two
children.
COUNCILMAN BOOR-Oh, there are children?
MR. HAT IN, Director of Building & Codes- Yes. So, they were upset because I had ordered
them to fix it within three days last time, it was Thanksgiving, or I would take further action to
have the place closed and they were upset.
COUNCILMAN BOOR-Are these owners or renters?
MR. HAT IN, Director of Building & Codes-I believe she's a renter but I can't confirm that
because she won't talk to me, so and she ordered me off the property last time I was there, so I
said, fine, that's why we have the order you have before you now.
COUNCILMAN TURNER-Can you reach the owner, Meader, have you talked to him?
MR. HAT IN, Director of Building & Codes-I've tried, the only address we have is the 24 Garner
Street and the neighbor claims he doesn't live there, she also claims he doesn't live there, the
tenant. So, I wanted this served on the tenant and I'll try and I'll send it certified mail but the
last certified mail I got back last week and that's what forced me to take this action, so.
COUNCILMAN BOOR-Bob, what happens when we serve to a tenant? I mean, is that valid?
TOWN COUNSEL HAFNER-It's not the same as service on the person but it's, you want to
serve on the location of the property.
COUNCILMAN BOOR-Right.
TOWN COUNSEL HAFNER-And you also want to try to send certified mail to the address that
we have. We should, you know, see if there are any other ways to try to get a hold of Mr.
Meader.
MR. HAT IN, Director of Building & Codes-No, I've used my contacts and there is no other way.
TOWN COUNSEL HAFNER-And there's no mortgage on the property? We can't do like we
sometimes do?
MR. HAT IN, Director of Building & Codes-That would get us to the bank but I
TOWN COUNSEL HAFNER-The bank knows where the money comes in.
COUNCILMAN BOOR-I would prefer to go to the owner, I think that's the way we should do
this.
TOWN COUNSEL HAFNER-It's often a good way to get
MR. HAT IN, Director of Building & Codes-I'll do, I'll attempt, like I did service on myself, I'll
send a certified letter, I'll serve the tenant personally or leave it in the door, that's the best I think
we're going to get out of the situation cause I don't have another address for him. So, and I have
tried some other means to find out where he lives.
COUNCILMAN BREWER-This system is failed right now?
MR. HATIN, Director of Building & Codes-As far as I can tell it's failed, according to this
person that pumped the system, it was full so that means it's going to fill up and the owner
called, or the neighbor called me tonight and said that he could smell sewage again.
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COUNCILMAN BREWER-Well, I would propose or think about that we should do something
before a month, if this thing is
COUNCILMAN BOOR-No, I think, I agree, I would like to do something tomorrow but I think
we really have to find out the owner.
COUNCILMAN BREWER-Well, we've got a letter from our Health, Dr. Evans, and it's, I
mean, there must be other children and people living right next door, I mean, it's a health hazard
to them.
MR. HAT IN, Director of Building & Codes-Right.
COUNCILMAN BREWER-I wouldn't, I want to do something right away.
COUNCILMAN BOOR-I agree but I don't think the tenants liable.
COUNCILMAN BREWER-Understood but
COUNCILMAN BOOR-And I don't know if there's legal, I don't know if they have a legal
responsibility to
TOWN COUNSEL HAFNER-It would always be best to give notice to the proper owner and to
take the time to do that.
COUNCILMAN BREWER-And wait a month?
COUNCILMAN BOOR-I don't think it will take a month, it should
COUNCILMAN BREWER-Well, we're setting the public hearing for the 2ih
TOWN COUNSEL HAFNER-We're setting a public hearing for
COUNCILMAN BREWER-And then we're going to have to give them time to do it.
COUNCILMAN BOOR-What I'm suggesting is that we locate the owner tomorrow.
COUNCILMAN BREWER-Right.
COUNCILMAN BOOR-Or the next day and that we notify them.
COUNCILMAN BREWER-Understood and I agree with you.
TOWN COUNSEL HAFNER-And this would do that and this would set up
COUNCILMAN BREWER-But then this resolution sets a public hearing for the 2ih, Roger.
COUNCILMAN BOOR-I, you know, if you want to step it up, that's fine, I just, I'm trying to do
it as legally, I mean, if it hadn't, if we can't enforce it, why do it? I mean, I don't want to end up
in court with something that's unenforceable.
MR. HATIN, Director of Building & Codes-Well, we can certainly enforce it because I mean,
shutting the water off, will solve the problem.
COUNCILMAN BOOR-Yea, but
MR. HAT IN, Director of Building & Codes-But the problem it creates is the tenants have no
water.
COUNCILMAN BOOR-But I think we could get sued if we're not, I defer to counsel on this,
I'm not going to pretend to know.
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COUNCILMAN BREWER-Well, I would think back to when we took immediate action on a
health hazard we had this fall or this summer and we took immediate action the next day.
COUNCILMAN BOOR-On the owner, right?
SUPERVISOR BROWER-I guess I
TOWN COUNSEL HAFNER-We took immediate action on things that were outside and to fix
this problem, with tenants there, is going to require going inside also.
COUNCILMAN BREWER-But if they have
MR. HAT IN, Director of Building & Codes-No, it won't Bob.
COUNCILMAN BREWER-A septic system that's failed and there's septic effluent pumping out
onto the ground, I think that's worse then what we did this summer.
MR. HATIN, Director of Building & Codes-The problem is right now I can't get on the property
because I've been notified by the tenants and through the brother of the landlord, that I can't go
on the property. So, I can take pictures from the property, I can go by the neighbor's comments
to me but I haven't been allowed on the property unless you want to get a search warrant which
we can do and then they can't stop me. We can certainly go that route too and just see how bad
it is.
COUNCILMAN BREWER-I would like to serve the owner but I would like to take action as
soon as we can, in my opinion, I mean
COUNCILMAN BOOR-I think all of us want to do that.
COUNCILMAN BREWER-Well, I think we have the authority to do that, is what I'm trying to
say to you.
MR. HATIN, Director of Building & Codes-Can I ask Bob a question and just want to give the
board some direction. Bob, can they do an order tonight to tell the tenants they have 'til Friday
to resolve the situation with a septic hauler or the water will be shut off by Monday.
TOWN COUNSEL HAFNER-The tenants aren't the liable people.
MR. HATIN, Director of Building & Codes-No, but I'm just saying they're creating, they are
creating a
TOWN COUNSEL HAFNER-The owner is the liable person.
MR. HAT IN, Director of Building & Codes-They are creating a hazard though. They are
creating a hazard though because they're living there.
COUNCILMAN BOOR-Well,
MR. HAT IN, Director of Building & Codes-And they're aware of it.
TOWN COUNSEL HAFNER-Shutting off the water to a house is
COUNCILMAN BOOR-No, that's bad news, that's like turning the power off in the winter, you
just don't do that those things, they have kids.
MR. HAT IN, Director of Building & Codes-Well, what are you're options though, what are your
options?
COUNCILMAN BOOR-The options are that we find the owner and we deal with the person that
is ultimately responsible for that property.
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MR. HAT IN, Director of Building & Codes-But how do you find somebody that only has an
address for that particular place?
COUNCILMAN BOOR-Well, I think there's ways to find
TOWN COUNSEL HAFNER-Do they have a mortgage? I mean, I think,
SUPERVISOR BROWER-It's covered by snow now too, right?
TOWN COUNSEL HAFNER-I think going through with the resolution setting the public
hearing and including the notice being sent to the mortgage holder will also help put pressure
because that puts them in default, frequently under their
SUPERVISOR BROWER-Yea, I'd like to find the, I'd like to notify the owner.
COUNCILMAN BREWER-Absolutely, but
TOWN COUNSEL HAFNER-And we want to do that and I think that
MR. HATIN, Director of Building & Codes-If we can find them, that's the question. I've tried
for the last two months. I mean, since November, so.
COUNCILMAN BREWER-Dennis, if we find the
SUPERVISOR BROWER-Have you checked the tax records, where the tax bill goes?
MR. HAT IN, Director of Building & Codes-The tax records come back to this property. I've
gone through DMV, I've used my police contacts to see if they can find him through complaints
and things and it all comes back to this address.
UNKNOWN-Who owns the deed?
MR. HAT IN, Director of Building & Codes-He does.
COUNCILMAN BREWER-I think we try to locate him the best way that we can and tell him
he's got two weeks to get it fixed or we do it. I, because if we wait 'til the 2ih, then we're going
to have to give him thirty days to do it, that's two months and you can't have that.
SUPERVISOR BROWER-Yea, you can.
COUNCILMAN BREWER-Well, maybe you could live next to it Dennis, I couldn't.
TOWN COUNSEL HAFNER-Maybe after the public hearing, you could give him a shorter time
period for something like this. I mean, because septic is
COUNCILMAN BOOR- Yea, that's clearly health hazard.
TOWN COUNSEL HAFNER-I mean sewage flowing outside is a pretty serious
SUPERVISOR BROWER-It's not good, right?
TOWN COUNSEL HAFNER-health thing.
COUNCILMAN BOOR-Right.
TOWN COUNSEL HAFNER-But you do have to give the best notice that you can to the owner
and that is what this is starting the process of doing, of giving him a notice.
COUNCILMAN BREWER-Can we shorten the time?
TOWN COUNSEL HAFNER-But you're next, you're next meeting is the 2ih.
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COUNCILMAN BREWER-Well, if we set it.
TOWN COUNSEL HAFNER-If you had a meeting in two weeks, you could do it then but
you're not. Next week, you won't
COUNCILMAN BOOR-If you want to have a special meeting, I'd go for that but.
COUNCILMAN BREWER-No, but what I'm saying is, if we set some kind of a time limit two
weeks from date that we serve this man, to have it repaired then that sets the clock when we get
the notice in his hand, he's got two weeks.
COUNCILMAN BOOR-The notice
COUNCILMAN BREWER-Worse case, it will be the 2ih when we have the meeting.
COUNCILMAN BOOR-The notice, the responsible party is the owner and if he doesn't get
noticed, and we go and fix it, he's going to say, I didn't know, you pay for it.
COUNCILMAN BREWER-No, two weeks from the day we give the owner notice, is what I'm
saymg.
COUNCILMAN BOOR-Oh, the owner.
COUNCILMAN BREWER- Yea.
COUNCILMAN BOOR-Okay. Well, that's fine, I don't have a problem with that. We've got to
find the owner.
COUNCILMAN BREWER-Right.
COUNCILMAN BOOR-That's the bottom line.
TOWN COUNSEL HAFNER-Two weeks from actual service in hand?
COUNCILMAN BREWER-I mean, that's the only way we can do it.
COUNCILMAN BOOR-Well, it's
COUNCILMAN BREWER-Well, not the only way but
SUPERVISOR BROWER-Dave, let me ask you this, what would the normal remediation of this
problem be?
MR. HAT IN, Director of Building & Codes-They fix
SUPERVISOR BROWER-Let's assume you get a hold of the owner, the owner is notified he's
got to fix the problem, what are they going to do this time of year?
MR. HATIN, Director of Building & Codes-Well, they could still fix the problem, fixing the
problem is not an issue, getting a hold of the owner and making him do it, is the problem and my
concern is, he hasn't budge since April on this. I warned him back then, if I had one more
failure, this was the action I was going to take.
COUNCILMAN BOOR-Did you warn the owner or the tenant?
MR. HAT IN, Director of Building & Codes-I warned the owner the first time.
COUNCILMAN BOOR-Okay.
MR. HAT IN, Director of Building & Codes-The second time
COUNCILMAN BOOR-And he was at the residence at that point in time?
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MR.HATIN, Director of Building & Codes-From what I understand, he lives in the City of Glens
Falls somewhere. I don't know where, like I said
COUNCILMAN BOOR-He's not in the phonebook, right?
MR. HAT IN, Director of Building & Codes-He's not in the phonebook but the property still
belongs to him, this, and I can't speak for this because this came third hand, is that, the woman
that lives there is his girlfriend or x-girlfriend because they had a domestic violence incident
there not that long ago. So, he's living somewhere else and he's not living there, for whatever
reason. So, that's what I'm saying, trying to find him is difficult because he's not using a legal
address anywhere else from what I can tell. So, he's using this as his legal address.
COUNCILMAN TURNER-Dave, is that a pit tank or a septic tank?
MR. HATIN, Director of Building & Codes-I don't know, Ted, I was told that it was a seepage
pit by Cook's Septic. Ultimately, the problem you're going to face is if, I can't get a hold of him
and we can't get this fixed, you're going to make a decision whether you want to turn the water
off and order the tenants to vacate the property.
COUNCILMAN BOOR-Can we condemn the property?
MR. HAT IN, Director of Building & Codes-That's what the ultimate result would be, you
condemn it and order them to vacate.
COUNCILMAN BOOR-Why don't we, why don't we
TOWN COUNSEL HAFNER-There will be a process by which you'll be able to tell the tenants
that they can't live there because they've got to have
COUNCILMAN BOOR-Well, I think maybe that's the best way to get a hold of the owner, is
that we do a rapid fire condemnation of the property.
TOWN COUNSEL HAFNER-Well, that's not the term we use but
COUNCILMAN BOOR-Well, that's why we have you, Bob.
TOWN COUNSEL HAFNER- Yea, declaring it a public health hazard.
COUNCILMAN BOOR-Okay.
TOWN COUNSEL HAFNER-And that people can't live there until it's fixed.
COUNCILMAN BOOR-I mean, maybe that's the way to get the attention of the owner.
TOWN COUNSEL HAFNER-And we should be ready for that at your public hearing, I would
think.
COUNCILMAN BOOR-Right.
TOWN COUNSEL HAFNER-But I still think what you're suggesting is exactly the way to go,
to serve it on the property, to try to serve it on the Mr. Meader and too, if you can get through to
the people who own the mortgage on the property.
MR. HAT IN, Director of Building & Codes-I'll have to go up to the county and research that
out.
TOWN COUNSEL HAFNER-And we'll be ready at the next meeting if he's gotten actual
service on him, then you'll be able to act and order him to do it or
MR. HAT IN, Director of Building & Codes-I know he'll know about it, there's no doubt he'll
know about it, the question is
Organizational Meeting, 01-06-2003, Mtg #1
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COUNCILMAN BOOR-Yea, but we have to prove
TOWN COUNSEL HAFNER-Knowing about it but actual service
COUNCILMAN BOOR-We have to prove he knows it.
MR. HAT IN, Director of Building & Codes-Well, I've got to prove that he's actually received it,
it's going to be the other issue.
TOWN COUNSEL HAFNER-And if not, to be ready with, if it's not fixed by then, declaring it
uninhabitable and have to be vacated.
SUPERVISOR BROWER-So, we're going to require him to have it fixed by the next, by the
2ih, is that correct?
MR. HAT IN, Director of Building & Codes-Well the hearing is to have a meeting with him on
the 2ih, I don't know if you're ordering anything tonight other then him to be at a hearing the
2ih.
TOWN COUNSEL HAFNER-That's what we have right here.
COUNCILMAN BREWER-And then what happens if he doesn't show up at the meeting?
TOWN COUNSEL HAFNER-That he shall immediate commence what I thought that we just
decided was, that if we get actual service on him, then we'll be ready to order him to clean up
within two weeks or we'll go and do it and it gets added, like we do with other health things.
COUNCILMAN BOOR- Yea, that be great.
TOWN COUNSEL HAFNER-Or, alternative, if we don't get actual service on him, to declare it
uninhabitable and to tell the tenants that they have to vacate and to then shut off the water.
COUNCILMAN BREWER-So, it's still going to be five weeks before anything has to be done.
SUPERVISOR BROWER-Well, I think we should make it clear in what ever correspondence to
the property owner as well as the tenant that we expect immediate action so that there won't be
any surprises on the 2ih, if that evening we order water to be shut off at the residence so that
they'll be prepared to vacate their property.
COUNCILMAN BOOR- Yea, can we do that?
TOWN COUNSEL HAFNER-What was your, what would you do if you went on the property to
fix the problem? Is the only solution that you see is turning off the water so that it doesn't create
any more sewage?
MR. HAT IN, Director of Building & Codes-Well, I mean if you want to fix the problem, that
means installing a new system, I don't think the town wants to be in the business installing new
systems. So, the ultimate, the other alternative is to shut the water off and the property's vacated
then the problem goes away until it's, the property is you know, legally occupied with a proper
system.
COUNCILMAN BOOR-What wording can we have though, that would put the owner in the
position where he would act immediately. In other words, the water's going to be shut off on the
ih? I mean, I'm just, I'm picking a date.
MR. HATIN, Director of Building & Codes-Well, I think the 2ih, you could give him a time
frame and say, if it's not taken care of this week, as of Friday the, February whatever it is, the
water will be shut off and that gives the tenants five days notice and it gives the owner. They
either, they know where the owner is, they won't tell me cause her exact words to me, I'm not
telling you. So, obviously she knows where he is.
Organizational Meeting, 01-06-2003, Mtg #1
432
COUNCILMAN BOOR-Bob, what ramifications do they have to counter on something like
that? What if the tenants doesn't have a place to go?
TOWN COUNSEL HAFNER-Well, if it doesn't have working septic system, it's not an
inhabitable place.
COUNCILMAN BOOR-I know.
TOWN COUNSEL HAFNER-AND THEy're not supposed to be there and then, that becomes their
PROBLEM TO FIND ANOTHER place like they found that place.
COUNCILMAN BOOR-It does and it has nothing to do with us.
TOWN COUNSEL HAFNER-That would be our position, yes.
COUNCILMAN BOOR-Well, stated.
COUNCILMAN BREWER-I still think, .. five days... time, hard for me to believe.
TOWN COUNSEL HAFNER-Do you want to declare the place uninhabitable tonight based on
the information you have and
SUPERVISOR BROWER-I don't think that would be fair, personally.
MR. HAT IN, Director of Building & Codes-One option you do have is, you could declare it
uninhabitable tonight, give them 'til the 2ih to rectify the problem. In the meantime, we'll try to
get service on them. If they don't, then you can take them, action that night, it says by Friday,
the water will be turned off, that gives you three weeks.
COUNCILMAN BREWER-I feel better about that.
COUNCILMAN BOOR-Your last observation of the property was when?
MR. HAT IN, Director of Building & Codes-I was there yesterday.
COUNCILMAN BOOR-And you witnessed a problem, visually?
MR. HAT IN, Director of Building & Codes-I took pictures, I couldn't get enough, I can't get on
the property to actually see so, I took pictures of the area just so that you'd be familiar with it, if
you wanted to look at. I can't really tell but as I said, the neighbor called me tonight and I can
certainly give you his name if you'd like to talk to him, and told me he smelled it.
COUNCILMAN BOOR-No, I'm just thinking
MR. HAT IN, Director of Building & Codes-I didn't smell it yesterday when I was there but he
did today, he told me, it was very evident. So, and I have a letter from him by the way.
COUNCILMAN BREWER-I feel stronger about doing it, what Bob just said, give him 'til, or
Dave said, the 2ih.
COUNCILMAN STEC-Give him until Friday the 1 S\ on the 2ih.
COUNCILMAN BREWER-If we have to.
COUNCILMAN BOOR-Right.
MR. HAT IN, Director of Building & Codes-It's two weeks from tonight, oh, three weeks.
COUNCILMAN BREWER-Three weeks. So, that's why I say, if we wait until the 2ih, and
then we have to give him two weeks to get it done, it's still five weeks.
Organizational Meeting, 01-06-2003, Mtg #1
433
MR. HAT IN, Director of Building & Codes-Well, can we put something in the notice that says,
you have 'til the 2ih, there'll be hearing on it, you must be in compliance by that time or the
Town Board will take action to have the property vacated and the water turned off by February
1 st?
COUNCILMAN BOOR-And can we do that?
TOWN COUNSEL HAFNER-Because, I mean this is a pretty serious situation.
COUNCILMAN BOOR-Yea.
COUNCILMAN BREWER-Absolutely.
TOWN COUNSEL HAFNER-And we do have the public health officer, you know, talking
about that it needs immediate replacement. I would think that we would, let me work on some
language.
MR. HAT IN, Director of Building & Codes-Okay.
TOWN COUNSEL HAFNER-And can we come back to this at a later point in the meeting and
I'll have some proposed language to change this?
SUPERVISOR BROWER-Okay, we'll put this aside then for now.
MR. HAT IN, Director of Building & Codes-Do you need me to stick around for that?
SUPERVISOR BROWER-We have a motion and a second on the floor, though. So, we would
need
COUNCILMAN TURNER-Withdrawal?
TOWN COUNSEL HAFNER-No, we're just going to postpone action on it.
COUNCILMAN BOOR-So, just so that I'm clear, we're not taking action and we're going to
have you draft
TOWN COUNSEL HAFNER-No, I'm going to, we're still going to do this.
COUNCILMAN BOOR-Okay.
TOWN COUNSEL HAFNER-We're just going to add
COUNCILMAN BOOR-Are we going to do this
TOWN COUNSEL HAFNER-Some information, an additional resolved and additional part to
the public notice.
COUNCILMAN BOOR-And we will do that later tonight?
TOWN COUNSEL HAFNER-Yes, that's what I was proposing.
COUNCILMAN BOOR-Okay.
TOWN COUNSEL HAFNER-And I would like to meet with Dave for a few minutes and work
on that. Is that okay?
SUPERVISOR BROWER-Yes.
COUNCILMAN BOOR-And I have one question, I'm going to ask when you guys out or
wherever you're going to meet.
DEPUTY TOWN CLERK BARBER-Should we adjourn Board of Health and come back?
Organizational Meeting, 01-06-2003, Mtg #1
434
TOWN COUNSEL HAFNER-Yes, you should adjourn Board of Health.
DEPUTY TOWN CLERK BARBER-We can just leave this number with the introductions?
TOWN COUNSEL HAFNER- Yes and we'll come back.
COUNCILMAN BREWER-And we'll have to go back into the Board of Health.
RESOLUTION TO ADJOURN BOARD OF HEALTH
BOARD OF HEALTH RESOLUTION NO.: 4,2003
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Daniel Stec
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and
enters Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 6th day of January, 2003, by the following vote:
AYES:
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES:
None
ABSENT:
None
(Town Counsel Hafner, Mr. Hatin and Councilman Boor left meeting room)
REGULAR SESSION
2.0 PUBLIC HEARINGS
PUBLIC HEARING- PROPOSED EXTENSION NO.8 TO CENTRAL QUEENSBURY
QUAKER ROAD SEWER DISTRICT
NOTICE SHOWN
7:31 P.M.
COUNSEL JON LAPPER-Good evening, for the record, Jon Lapper with Dave Carr and Kevin
Hastings from the LA Group. Kevin is the project engineer for Home Depot. This is a relatively
straight forward request for a sewer district extension. Northway Plaza is already in the sewer
district but because we acquired the additional five acres in the back to build the Home Depot
building, that was not part of the sewer district. Kevin drew up the Map, Plan and Report,
submitted it for view and at that point Ray Supply asked that they'd be included if we're doing a
district extension. The Wal-Mart sewer line goes right in front of their property. So, we
amended our Map, Plan and Report at the request of the town to include their property as well.
Ray Supply will be doing their own connection and Home Depot will be doing it's own
connection and this just puts the entire new Northway Plaza property in the sewer district. Kevin
can go through for the board and the public the exact location of the sewer line.
MR. KEVIN HASTINGS-Of the four parcels that are being included in this Proposed District
Extension No.8, is the Northway Plaza. There's a wetland parcel, a forever vacant parcel, and
then the lease parcel that the building is being built on and also the Ray Supply which is across
Route 9. The total acreage is 14.16 acres and of that, Ray Supply is 2.19. So, the bulk of the
addition is for the Home Depot's benefit and as Jon said, the existing collection system within
the Northway Plaza will be utilized for the Home Depot. We're basically extending gravity
sewer up to the new store and utilizing the existing gravity sewer that's within the plaza and Ray
Supply, they already have an existing sewer connection that was part of the Wal-Mart sewer
district extension, so, there's no additional costs there. And the last is, the annual benefit tax
Organizational Meeting, 01-06-2003, Mtg #1
435
resulting from this district extension will be approximately forty-five hundred dollars per year
for the Home Depot and approximately fifteen hundred dollars per year for the Ray Supply.
SUPERVISOR BROWER-Okay, thank you. Further questions from board members?
COUNCILMAN BREWER-I don't have anything.
COUNCILMAN TURNER-No. It just makes sense, it's already there.
SUPERVISOR BROWER-Alright. Thank you very much. Do you have anything else you'd
like to add?
COUNSEL LAPPER-No we don't, thank you.
SUPERVISOR BROWER- Thank you. At this time, I'd like to open up the public hearing to
anyone who'd like to comment on the proposed sewer extension. Okay, hearing none, I'll close
the public hearing.
PUBLIC HEARING CLOSED
7:36 P.M.
(Councilman Boor re-entered meeting)
PUBLIC HEARING - PROPOSED CREATION OF WEST QUEENSBURY SANITARY
SEWER DISTRICT
NOTICE SHOWN
7:36 P.M.
SUPERVISOR BROWER-Rich, good evening.
MR. RICH STRAUT-Thank you, my name is Rich Straut from Barton and Loguidice and this
proposed project is for creation of a new sewer district along Main Street and Corinth Road from
the City of Glens Falls city line with the Town of Queensbury west, beyond the Northway to Big
Bay Road. (referred to map) This is being the city line at Thomas Street extending along the
south side of the road, there'd be a ten inch gravity sewer all the way out to Big Bay Road, so it
would cross the Northway. Along the way at some of the cross streets, we'd be extending sewer
lines across the highway so that there is service that would be available on the north side as well
and at each property, a sewer lateral would be extended to service the property whether the
property is currently occupied or currently vacant. The boundary of the proposed district as
shown on this map and basically it includes all of the properties along the extension that front
Main Street or the Corinth Road between the city line and Big Bay Road. The estimated project
cost is one point one million dollars to construct the project, that includes the cost of buy-in to
the city system which is part of an agreement that you've negotiated with the city. We estimate
that the cost of debt service for the project is about three hundred and sixty-two dollars per year
for a typical household. On top of that there would be the cost of three dollars per thousand
gallons of water usage, metered water usage which brings a total estimated cost for a typical
household to about five hundred and twelve dollars per year. Commercial properties would pay
a bit higher, it be, this district would be formed on a benefit basis which means that every
property based on acreage and property class would be assigned a certain number of points and
there is a formula that's in the Map, Plan and Report that describes that, it's fairly similar to the
other sewer districts that the town right now has. I think that that about covers it. I'd be happy
to answer questions.
SUPERVISOR BROWER-Any questions from board members at this time? Alright, thank you,
Rich. If you'd put the mic back, I'll ask if anyone would care to comment on the project at this
time? So, I'm opening up the public hearing for anyone that care to comment on this proposed
sewer district. Hearing none, I'll close the public hearing at this time.
PUBLIC HEARING CLOSED
7:40 P.M.
Organizational Meeting, 01-06-2003, Mtg #1
436
PUBLIC HEARING - PROPOSED WATER DISTRICT IMPROVEMENTS ALONG
MAIN STREET IN THE QUEENSBURY CONSOLIDATED WATER DISTRICT
NOTICE SHOWN
7:40 P.M.
MR. STRAUT-This is a companion project to the sewer district although there's an existing
water district in this area. What's being proposed is to improve the water line along Main Street.
Both of these projects, as many of you may know are being done in conjunction with the
highway reconstruction project in order to take advantage of some of the construction that's
going to be ongoing. The water main that exists along this area is an old 1930's vintage cast iron
water main. This project is essentially proposed to reconstruct that with a new twelve inch main
which would improve some of the pressure problems that have occurred in the area and take out
of service a water main that's reached the end of it's useful life. The other thing that this would
involve is connecting the water, the end of the water main in front of the cemetery to a water
main that right now comes across the Northway but does not connect to that which would again,
improve service in the district. The estimated cost of the project is four hundred and seventy
thousand dollars. The cost to, of this project to a typical household in the district is estimated to
be four dollars and thirty-one cents a year and that assumes that none of the project would be
paid for under the highway improvement and the reason we assume that is because we haven't
made a final determination yet as to how much of the water main would actually be disturbed by
the highway improvement. We believe it's going to be around twenty-five to thirty percent
which would bring this cost down to the district, commencer it with that final percentage. But
for the purposes of the Map, Plan and Report, we have not reduced or set that amount at this
point. What I'm talking about with that is that the highway improvement project where they're
going to cut the road down a bit would take some of the cover off your pipe. It's about twenty-
five to thirty percent of the length. The highway improvement project therefore would pay for
the cost of replacing the pipe along that length and it would not be a cost to the district. And
again, happy to take any questions.
COUNCILMAN BOOR-Would that be the eastern end?
MR. STRAUT - To be honest with you, I don't recall where the cut was going to occur.
COUNCILMAN BOOR-Okay, seemed like it would be the other way but if it's gravity, I don't
know, maybe Ralph knows.
SUPERVISOR BROWER-Further questions from board members at this time?
COUNCILMAN TURNER-No.
SUPERVISOR BROWER-Thank you, Rich. Again, I'd like to open the public hearing and ask
anyone that's present if they'd care to comment on the improvement to the consolidated water
district in this area? Hearing none, I'll close the public hearing.
PUBLIC HEARING CLOSED
7:44 P.M.
MR. CHRIS ROUND, Executive Director-Dennis, if I could, related to both the Main Street
projects, we'd given a Town Board a memorandum regarding interim use of holding tanks on Main
Street. We've had a number of projects on Main Street that are in development or nearly close to
construction and it's been requested by those developers or applicants, is there an alternative to
installation of a conventional full cost septic system. If an applicant comes in today, they would be
required to install a conventional onsite system. In many cases it could be quite expensive to
construct a system that's basically going to be rendered obsolete when this sewer main is
constructed and we're hopeful that this construction is going to occur in 2004. So, within a year and
a half, hopefully no longer then a year and a half these things will be brought on line. Bob Hafner,
myself and Mike Shaw worked together to draft, outline some of those issues that are affected. As
the board's aware, a holding tank can only be used if a variance by the Town Board of Health is
issued and only in the instance, they're only allowed in certain circumstances and that would be in
the case of temporary use, failure of a system, or where no other alternative would be allowed or
Organizational Meeting, 01-06-2003, Mtg #1
437
available in the case of a failed system. So, what we, it's my opinion, I think it's Mike and Bob's
opinion as well, that this is an instance where it would be a temporary use that would probably be
preferred by both the town and the developer in many cases as a cost effective solution, not wasting
the resources of the taxpayer. And what I had presented to you December 18th, was a memorandum
outlining these same issues and a draft of an agreement that we would present to a developer that
would bind them in the event that this Main Street sewer district doesn't come to fruition, it would
bind them to seek an alternative connection to the existing system as it exists on W estern Avenue
inside the city limits or construct a replacement system onsite that would comply with our onsite
holding or with our onsite wastewater disposal system regulations. What I'm looking for is
feedback from the board. We have a couple of people in development that are ready to make
financial commitments and do want to construct a conventional system. So, what we're looking for
is for the board to adopt a policy whether it's written or by the consensus of the board that would
allow people in the near future to come in and seek variances, they still would be required to seek a
variance from the Board of Health but you know, the difficulty is, get to the punch line here, is that,
in some instances the developer would like to consume an area that would normally be set aside or
used for septic system. We do have some circumstances where that alternative location is not going
to be available and
COUNCILMAN BOOR-So, you run the risk of should some catastrophic thing happen, the project
doesn't go through, you now have a site that is unable to have it's own septic system.
MR. ROUND, Executive Director-Accommodate, what we consider conventional system. What
the agreement tries to do is put the burden, basically, it's an informational tool because we've been,
the town's been criticized in the past that, hey, we've been promised that a system's going to be
constructed or something happens and whether it's been formal or informal and it doesn't come to
pass and now, the property owner's are like, well, I was planning this development, I made business
decisions. Well, so it's number one, it's designed as an informative tool and number two, it's
designed to alleviate the town board and the town itself of any liability associated, you know, in the
event the system is not, the Main Street sewer district system is not constructed.
COUNCILMAN BOOR-So, worse case scenario is, you would have a property that would have a
permanent holding tank instead of a, what we would typically require, a septic system.
MR. ROUND, Executive Director-Well, the developer's agreement indicates that you would have
X number of days to seek an alternative system or at least present a design for either a conventional
system or an alternative means of connection to a municipal system.
COUNCILMAN BOOR-Yea, I'm just saying, okay.
MR. ROUND, Executive Director-So, worse case, Roger, worse case, Cumberland Farms, case in
point, Cumberland Farms has an onsite system right now. If they would come in and they
consumed all their land area and they didn't construct a conventional system, they put a holding
tank in, the worse case is, and they don't have a disposal field area, they have to some how re-
mediate their site so that they can put a conventional system in or be a contract user with the City of
Glens Falls and construct a private line down.
COUNCILMAN BOOR-We would never allow for a permanent holding tank?
MR. ROUND, Executive Director-It's not allowed by law.
COUNCILMAN BOOR-I know, I'm just, I just want to be clear on that.
TOWN COUNSEL HAFNER-No, and we drafted that very carefully to fit within this allowable
thing to, where you can have holding tanks for temporary periods.
COUNCILMAN BOOR-Are these variances that we might, these temporary variances we might
grant, what about adjacent property owners? In other words, we don't allow permanent holding
tanks, somebody goes in with not enough room, now they've got, now because of the, the project
doesn't go through, they have to, let's say they have no, let's say they can't hook up to the city and
if they put a conventional septic system in, it's ten feet from somebody's whatever, yard or less then
ten feet from somebody's property line. In other words, we're guaranteeing
Organizational Meeting, 01-06-2003, Mtg #1
438
MR. ROUND, Executive Director-No, you're not, and that's where it gets to be a difficult situation.
If there's, if another, if a variance from the standards themselves is required, that's what you're
asking about. Hey, you need a setback variance.
COUNCILMAN BOOR-Yes, yea and that's my biggest concern.
MR. ROUND, Executive Director-That's a difficult thing.
COUNCILMAN BOOR-I don't want it to affect another property owner.
MR. ROUND, Executive Director-That's where, we don't know. We're trying to look a little bit
ahead and it's very difficult to look five and ten years ahead if it doesn't happen. I mean, we have
every right to believe that this is going to happen and we're getting closer and closer to it happening,
so.
SUPERVISOR BROWER-And what you're saying is the intensity of use requests, correct, for the
properties being considered?
MR. ROUND, Executive Director-Correct, yea. We have four projects on the table right now and
they're all trying to make decisions, well, do we construct a five or ten thousand dollar septic
system, do we alter our design, so.
COUNCILMAN BOOR-Alright and these would be done case by case, since they're going before
the Board of the Health?
MR. ROUND, Executive Director-Yes, they would.
COUNCILMAN BOOR-So, if somebody could, if we saw that it could potentially be a variance,
we could say, you know, just can't do it.
MR. ROUND, Executive Director-No, we're not going to allow you to do this.
COUNCILMAN BOOR-Alright, alright.
COUNCILMAN BREWER-I think we ought to adopt it as policy for a short period.
MR. ROUND, Executive Director-I'll have something ready for the next meeting. You know, I'll
make sure you have a fresh copy of this in your hands and have something for next meeting.
SUPERVISOR BROWER-I think it's reasonable considering the resources we've already put in the
corridor and the planning that's gone in it over the last several years, it sounds like a reasonable
alternative.
MR. ROUND, Executive Director-Thanks.
SUPERVISOR BROWER-Thank you.
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 2,2003
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 to enter as the Queensbury Board of Health.
Duly adopted this 6th day of January, 2003, by the following vote:
Organizational Meeting, 01-06-2003, Mtg #1
439
AYES:
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES:
None
ABSENT:
None
BOARD OF HEALTH
Town Counsel Hafner proposed the following amended resolution:
RESOLUTION DECLARING A HEALTH HAZARD AND SETTING
HEARING CONCERNING UNSAFE PROPERTY OF BILLY JOE MEADER
LOCATED AT 24 GARNER STREET - TAX MAP NO.: 309.11-1-16
BOARD OF HEALTH RESOLUTION NO.3, 2003
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Director of Building & Codes Enforcement has
advised the Town of Queensbury Local Board of Health that he has received a complaint
concerning a septic system overflowing on property owned by Billy Joe Meader and located at
24 Garner Street, Queensbury (Tax Map No.: 309.11-1-16), as more specifically set forth in Mr.
Hatin's letter dated December 2nd, 2002, and
WHEREAS, the Director has investigated and inspected the property and has advised that
the septic system has overflowed on the property and therefore, in his opinion, there are
violations of the Town's Sanitary Sewage Ordinance, the property constitutes a health hazard
and nuisance to the neighborhood, is unsafe to the general public and therefore the Director
strongly recommends that the Board of Health take action if the property owner fails to correct
the septic system, and
WHEREAS, the Town's Health Officer has advised the Town by letter dated January 2nd,
2003 that in his opinion the property is a public health hazard and therefore has strongly
recommended that the property be corrected and brought into compliance with the Sanitary
Sewage Code,
NOW, THEREFORE, BE IT
RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town of
Queensbury Local Board of Health is of the opinion that the property owned by Billy Joe Meader
bearing Tax Map No.: 309.11-1-16 and located at 24 Garner Street, Queensbury is a health
hazard and appears to be a potential object of attraction to rodents and animals, a nuisance,
Organizational Meeting, 01-06-2003, Mtg #1
440
unsafe and dangerous and therefore the property must be corrected and brought into compliance
with the Town's Sanitary Sewage Ordinance, and
BE IT FURTHER,
RESOLVED, that the Town Board finds the premises to be uninhabitable due to the
failed septic system, and
BE IT FURTHER,
RESOLVED, that the property owner shall immediately commence correcting the septic
system and cleaning-up the property unless good cause is shown by Mr. Meader or other
interested persons whereupon the Town Board shall consider a time extension, and
BE IT FURTHER,
RESOLVED, that if the septic system is not replaced by the date of the public hearing
and evidence of such replacement is not provided to the Town Board, then the Town Board
intends to declare the premises to be uninhabitable and will order the property vacated and water
service to the uninhabitable property shall be terminated, and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury Local Board of Health shall hold a hearing
concerning the property on January 2ih, 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 Director of Building
and Codes Enforcement to serve a notice setting forth its determinations upon the property owner
and the tenant, or executors, legal representatives, agents, lessees, or any person having a vested
or contingent interest in the property, the contents, service and filing of the notice to be in
accordance with the New York Public Health Law.
Duly adopted this 6th day of January, 2003, by the following vote:
AYES
Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES
None
ABSENT
None
Organizational Meeting, 01-06-2003, Mtg #1
441
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
BOARD OF HEALTH RESOLUTION NO.5: 2003
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Roger Boor
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and
enters Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 6th day of January, 2003, by the following vote:
AYES:
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES:
None
ABSENT:
None
REGULAR SESSION
3.0 CORRESPONDENCE
DEPUTY TOWN CLERK BARBER read the following into the record
MEMORANDUM
To:
T own Board
From:
Supervisor, Town of Queensbury
Re:
2003 Appointments
Date:
January 2,2003
I, Dennis R. Brower, do hereby make the following appointments for the year 2003:
Deputy Town Supervisor
Theodore Turner
Executive Assistant to Supervisor
William L. Lavery
TO:
T own Board
FROM:
Richard A. Missita
DATE:
December 19, 2002
RE:
Re-Appointment of Michael F. Travis
I hereby recommend the appointment of Michael F. Travis to Deputy Highway
Superintendent for the 2003 calendar Year.
Respectfully,
Richard A. Missita
Highway Superintendent
Town of Queensbury
Organizational Meeting, 01-06-2003, Mtg #1
442
DEPUTY TOWN CLERK BARBER noted that the December 2002 Building & Codes
Supervisor's Monthly Report has been received and filed.
4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR
SUPERVISOR BROWER-We have a couple of resolutions from the floor this evening that
apparently were completed too late to get on the agenda. One was a resolution extending a bid
award for Liquid Alum for use at the Town Water Treatment Plant for the year 2003 at $192.00 per
ton delivered and the another resolution extending a bid award for Light Soda Ash for use at the
Town Water Treatment Plant for 2003 and that's at a rate of .1158 cents per pound delivered for
approximately one hundred tons. . .. Town Board agreed to add resolutions to agenda as Liquid
Alum, 6.57 and Light Soda Ash, 6.58.
5.0 OPEN FORUM
8:00 P.M.
MR. PLINEY TUCKER, 41 Division Road-Referred to agenda and questioned appointment of
T own Attorney?
COUNCILMAN STEC-Noted that Town Counsel is a two year contract.
MR. TUCKER-Questioned the term for Comptroller, Henry Hess?
COUNCILMAN BREWER-Noted that he's a two year appointment.
MR. TUCKER-Questioned the South Warren Snowmobile Club?
SUPERVISOR BROWER- That was pulled because the officers of the corporation resigned...
Spoke about the problems with insurance for the Club..noted in the year 2002 150,000
snowmobiles that were registered in 2002.
MR. TUCKER-Questioned if this works out will the Town have a contract with them?
SUPERVISOR BROWER-Yes.
COUNCILMAN STEC-Noted that future contracts will require that they have insurance.
MR. TUCKER-Noted that the activity by the Highway Dept. at the end of Division Road is still
continuing, I want it part of the record so you know.
MS. BARBARA FRENYEA- 248 Queensbury Avenue RE: Sewer Line up Queensbury
Avenue, wished that they had received some kind of warning from the Board or Councilperson,
we could not receive mail since the beginning of the year. After speaking with Mike Shaw the
mail did come through. . . suggested that the public be notified in situations like this.
SUPERVISOR BROWER-Noted he had spoken with Mike Shaw about the situation and he
noted he will have a meeting with the Contractor.
DEPUTY WASTE WATER SUPT. MIKE SHAW-The intentions are to meet with the contractor
tomorrow and also fliers given out to notified the public of a project.
MR. JOHN SALVADOR-Resident of Lake George, Business interests in No. Qsby. Questioned
the cost related to placing of sewer lines in January... Spoke about the use of holding tanks,
residential use only. Questioned if the Board gave Mr. Lamy any direction regarding the No.
Qsby. Sewer District?
SUPERVISOR BROWER-He received some direction but he also is responsible for going
through the process and O'Brien and Gere, supposed to meet with the Town Board regarding the
entire No. Qsby. Sewer in the near future, we have not set a date.
Organizational Meeting, 01-06-2003, Mtg #1
443
MR. JOHN SAL V ADOR- The Town Board has been advised of some recommended changes to
the Zoning Ordinance concerning marinas in No. Qsby. is there a schedule for review of that?
EXECUTIVE DIRECTOR CHRIS ROUND-The Board has not received that package yet, when
they receive it a public hearing will be set.
MR. SAL V ADOR-Spoke about the library tax increase... we were led to believe the library
budget was going up 5 % my tax bill shows a 15.8% increase in library tax, am I the only one?
Re: Sewer Dist. Extension #7 requested that a second look regarding capacities be made... noted
he felt that is 35% under designed. What is going to be the flow rate of the Great Escape? I do
not think that you are going to be able to use the water flow rate as a measure of what their waste
water discharge is.
DR. MARK HOFFMAN-32 Fox Hollow Lane Item for tonight a resolution to set a public
hearing on Route 9 Intersection where does that stand?
EXECUTIVE DIRECTOR ROUND-The public hearing is required to comply with the Capital
Improvement Plan process, this resolution would allow us to spend the money on the project.
Waiting a contact from DOT allowing us to spend the money. Sear Brown has been selected to
look at the 9 and 254 Intersection. . .
MR. MARVIN DOBERT-52 Main Street Question to Chris, questioned what the temporary
sewer meant? Are you anticipating a sewer line and to satisfy developers you had proposed to
make some temporary provision for sewer discharge, a holding tank, in order to allow the
commerce to plan. In order to do this you had to relieve liability or something?
EXECUTIVE DIRECTOR ROUND-What you said is accurate. Construction in 2004 along
with Highway Project... some may what to redevelop their site prior to system being on line, in
order to do that they would have to install regular septic system. Noted the agreements state that
if you have a holding tank you must put in a conventional system or hook up to a municipal
system.
TOWN COUNSEL HAFNER-The Property owner will have to show that they can either put in a
conventional system or hook up to a municipal system.
COUNCILMAN BOOR-There would not be pre-approval of variances?
TOWN BOARD-No
MR. DOBERT-Questioned if both applications would have to be made at the same time?
EXECUTIVE DIRECTOR ROUND-Not necessarily all the requirements for a permit but some
level of proof that you could install a system.
COUNCILMAN BOOR-Questioned what the potential problems could be?
EXECUTIVE DIRECTOR ROUND- They will have to demonstrate what would be a system that
would satisfy their needs.
COUNCILMAN BOOR-Questioned if we would be looking at the maximum use for a parcel?
EXECUTIVE DIRECTOR ROUND-No. In the case of the septic, is a system that would
comply with the standard, and the standard is imposed upon the use.
MR. DOBERT-Commended Mr. Round on his communicative skills, thanked the Board for
their feedback on this project, hoped that the project goes through.
MR. DOUG IRISH-Buena Vista Asked the Board to be conscious of providing some provision
within this to make sure that businesses do hook into the system.
SUEPRVISOR BROWER-Open Forum Closed...
Organizational Meeting, 01-06-2003, Mtg #1
444
RESOLUTIONS
RESOLUTION ESTABLISHING RULES OF PROCEDURE
RESOLUTION NO.: 3,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO DESIGNATE ROBERT'S RULES OF
ORDER AS ITS OFFICIAL RULES OF PROCEDURE,
NOW, THEREFORE, BE IT
RESOLVED, IN ACCORDANCE WITH THE AUTHORITY GRANTED BY NEW YORK STATE TOWN
LAW 963, THE QUEENSBURY TOWN BOARD HEREBY DESIGNATES ROBERT'S RULES OF ORDER AS ITS
OFFICIAL RULES OF PROCEDURE FOR THE YEAR 2003 EXCEPT WHEN THESE RULES ARE NOT IN
AGREEMENT WITH TOWN LAW.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC
NOES
NONE
ABSENT:
NONE
RESOLUTION SETTING 2003 TOWN BOARD MEETING SCHEDULE
RESOLUTION NO.: 4,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
Organizational Meeting, 01-06-2003, Mtg #1
445
WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO ESTABLISH ITS 2003 MEETING
SCHEDULE,
NOW, THEREFORE, BE IT
RESOLVED, IN ACCORDANCE WITH NEW YORK STATE TOWN LAW 962, THE QUEENSBURY
TOWN BOARD HEREBY ESTABLISHES ITS 2003 MEETING SCHEDULE AS FOLLOWS:
1. REGULAR MEETINGS SHALL OCCUR ON THE 1 ST AND 3RD MONDAYS OF EACH MONTH AT 7:00
O'CLOCK P.M. AT THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY,
WITH THE EXCEPTION THAT THE TOWN BOARD'S REGULAR MEETING DATES SHALL BE
CHANGED AS SET FORTH BELOW FOR THE FOLLOWING MONTHS:
A. JANUARY - 6TH AND 27TH
B. FEBRUARY - 10TH AND 24TH
C MARCH-10TH AND 24TH. AND
. ,
D. SEPTEMBER- 8TH AND 22ND.
AT REGULAR MEETINGS, PUBLIC HEARINGS WILL BE HELD, RESOLUTIONS AND MOTIONS WILL
BE PROPOSED AND/OR ADOPTED, MISCELLANEOUS MATTERS WILL BE DISCUSSED AND THE
GENERAL PUBLIC WILL BE PROVIDED WITH AN OPEN FORUM SESSION.
2. THE TOWN BOARD SHALL SCHEDULE OTHER SPECIAL MEETINGS FOR ANY PURPOSE
ESTABLISHED BY TOWN BOARD RESOLUTION AND/OR IN ACCORDANCE WITH THE NEW YORK
STATE TOWN LAW. THE TOWN SHALL NOTIFY THE MEDIA OF THE SPECIAL MEETING
ACCORDINGLY AS REQUIRED BY THE NEW YORK STATE OPEN MEETINGS LAW.
3. IF THE TOWN BOARD DECIDES TO ALTER ITS MEETING SCHEDULE, IT WILL DO SO BY TOWN
BOARD RESOLUTION AND WILL NOTIFY THE PUBLIC AND MEDIA BY APPROPRIATE PUBLIC
NOTICE.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
Organizational Meeting, 01-06-2003, Mtg #1
446
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
ABSENT:
NONE
RESOLUTION ESTABLISHING MILEAGE ALLOWANCE
RESOLUTION NO.: 5,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, NEW YORK STATE TOWN LAW 9116 REQUIRES THE TOWN BOARD TO
ESTABLISH A MILEAGE ALLOWANCE FOR THE USE OF TOWN EMPLOYEES' PERSONAL AUTOMOBILES IN
THE PERFORMANCE OF EMPLOYEES' DUTIES WHEN A TOWN FLEET MANAGEMENT VEHICLE IS
UNAVAILABLE,
NOW, THEREFORE, BE IT
RESOLVED, IN ACCORDANCE WITH NEW YORK STATE TOWN LAW 9116, THE QUEENSBURY
TOWN BOARD HEREBY ESTABLISHES THE AMOUNT OF 364 PER MILE TO BE ALLOWED FOR THE ACTUAL
AND NECESSARY USE OF TOWN EMPLOYEES' PERSONAL AUTOMOBILES IN THE PERFORMANCE OF
EMPLOYEES' DUTIES.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING BANKING TRANSACTIONS AND
INTERNET-BASED BANKING SERVICES
Organizational Meeting, 01-06-2003, Mtg #1
447
RESOLUTION NO.: 6,2003
INTRODUCED BY: MR. ROGER BOOR
WHO MOVED ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, NEW YORK STATE TOWN LAW PARAGRAPH 64, SUBDIVISION 1, REQUIRES
THE TOWN BOARD TO ANNUALLY DESIGNATE ITS DEPOSITORIES FOR TOWN FUNDS, AND
WHEREAS, IN ACCORDANCE WITH NEW YORK STATE GENERAL MUNICIPAL LAW 95-A
AND 910 AND TOWN LAW 964, IT IS THE DUTY OF THE GOVERNING BOARDS OF LOCAL
GOVERNMENT TO ADOPT A SYSTEM OF INTERNAL CONTROLS FOR THE DOCUMENTATION AND
REPORTING OF ALL TRANSFERS OR DISBURSEMENTS OF FUNDS ACCOMPLISHED BY ELECTRONIC OR
WIRE TRANSFER, AND
WHEREAS, in accordance with prudent business and cash management practices the
Queensbury Town Board wishes to formally specify the authorities under which
business may be transacted with these Depositories, and
WHEREAS, THE ToWN PREVIOUSLY RECEIVED THREE (3) AGREEMENTS PROVIDING FOR
INTERNET -BASED BANKING SERVICES FROM EVERGREEN BANK ENTITLED:
1. ECASHMANAGER INTERNET BANKING SERVICES AGREEMENT - GoVERNMENTAL;
2. ACH AGREEMENT BANKNORTH, N. A. GoVERNMENTAL CUSTOMER AGREEMENT
FOR ELECTRONIC PAYMENT SERVICES; AND
3. WIRE TRANSFER AGREEMENT (GoVERNMENTAL);
and such Agreements have been reviewed and are in form acceptable to the Town
Comptroller's Office and Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY ToWN BOARD HEREBY AUTHORIZES AND DIRECTS
THE FOLLOWING ACTIONS:
1. THE FOLLOWING INDIVIDUALS, IN THEIR OFFICIAL CAPACITIES, ARE AUTHORIZED TO
TRANSACT THE FINANCIAL AND BANKING BUSINESS OF THE ToWN OF QUEENSBURY IN
ACCORDANCE WITH ALL APPLICABLE LAWS AND ORGANIZATION DOCUMENTS, AND THE
SPECIFIC AUTHORITIES GRANTED BY THIS RESOLUTION:
DENNIS R. BROWER, SUPERVISOR
THEODORE TURNER, DEPUTY SUPERVISOR
Organizational Meeting, 01-06-2003, Mtg #1
448
HENRY S. HEss, COMPTROLLER
2. EACH OF THE FOLLOWING BANKS HAS APPLIED AND CONSENTED TO SERVE AS DEPOSITORY
OF TOWN FUNDS AND HAS EXECUTED A THIRD PARTY CUSTODIAN AGREEMENT
SATISFACTORY TO THE TOWN COMPTROLLER AND TOWN COUNSEL AND ARE HEREBY
DESIGNATED AS APPROVED DEPOSITORIES:
EVERGREEN BANK, NA
GLENS FALLS NATIONAL BANK AND TRUST COMPANY
CHASE MANHATTAN BANK
FLEET BANK
TRUSTCO BANK
3. THE TOWN SUPERVISOR AND TOWN COMPTROLLER, OR EITHER ONE OF THEM, IS/ARE
HEREBY AUTHORIZED TO OPEN A BANK ACCOUNT OR ACCOUNTS FROM TIME TO TIME WITH
AUTHORIZED BANKS AND THEIR AFFILIATES FOR AND IN THE NAME OF THE TOWN OF
QUEENSBURY WITH SUCH TITLE OR TITLES AS HE/SHE MAY DESIGNATE, AND TO EXECUTE
DEPOSITORY CONTRACTS THAT COMPLY WITH TOWN POLICY AND OPERATING PROCEDURES
ESTABLISHED BY THE TOWN COMPTROLLER.
4. THE MAXIMUM FDIC INSURED AMOUNT WHICH MAY BE KEPT ON DEPOSIT AT EACH BANK
AT ANY TIME IS $100,000. THE AMOUNT OVER AND ABOVE FDIC INSURANCE OF $100,000
WHICH MAYBE KEPT ON DEPOSIT AT EACH BANK IS LIMITED THE VALUE OF APPROVED
COLLATERAL, CALCULATED IN ACCORDANCE WITH REGULATIONS OF THE NEW YORK
STATE COMPTROLLER, PLEDGED TO SECURE TOWN DEPOSITS AND DEPOSITED WITH THE
DESIGNATED THIRD PARTY CUSTODIAN.
5. THE TOWN SUPERVISOR, DEPUTY TOWN SUPERVISOR AND TOWN COMPTROLLER AND
THEIR SUCCESSORS AND ANY OTHER PERSON AUTHORIZED BY STATUTE, REGULATION OR
COURT ORDER OF BEHALF OF THE THESE AUTHORIZED PERSONS, IS/ARE HEREBY
AUTHORIZED TO SIGN, BY HAND OR BY FACSIMILE (INCLUDING, BUT NOT LIMITED TO,
ELECTRONICALLY GENERATED) SIGNATURES(S), CHECKS, DRAFTS, ACCEPTANCES AND
OTHER INSTRUMENTS. Two OF THE THREE PERSONS LISTED (I.E., THE TOWN SUPERVISOR,
DEPUTY TOWN SUPERVISOR AND TOWN COMPTROLLER) SHALL BE REQUIRED TO SIGN ANY
CHECKS, DRAFTS, ACCEPTANCES AND OTHER INSTRUMENTS.
6. THE TOWN SUPERVISOR AND TOWN COMPTROLLER ARE AUTHORIZED SINGLY, WITHIN
OPERATIONAL PROCEDURES ESTABLISHED BY THE TOWN COMPTROLLER, TO INITIATE
AUTOMATED CLEARING HOUSE DEBITS WITHOUT SIGNATURE; INITIATE PAYMENT BY USE
OF DEPOSITORY TRANSFER CHECKS WITHOUT A SIGNATURE; OR GIVE INSTRUCTIONS, BY
MEANS OTHER THAN THE SIGNING OF AN ITEM, WITH RESPECT TO ANY ACCOUNT
Organizational Meeting, 01-06-2003, Mtg #1
449
TRANSACTION, INCLUDING THE PAYMENT TRANSFER OR WITHDRAWAL BY WIRE, COMPUTER
OR OTHER ELECTRONIC MEANS.
7. THE TOWN SUPERVISOR AND TOWN COMPTROLLER ARE HEREBY AUTHORIZED WITHOUT
FURTHER ACTION OF THE TOWN BOARD TO EXECUTE BANK FORMS ESTABLISHING
PROCEDURES FOR CALL-BACK VERIFICATIONS AND WRITTEN CONFIRMATIONS IN
CONNECTION WITH PAYMENT ORDERS, THEREBY DESIGNATING ONE OR MORE INDIVIDUALS,
WHETHER OR NOT SUCH INDIVIDUALS BE DESIGNATED AS "AUTHORIZED PERSONS", FOR
THE PURPOSE OF THE VERIFICATION OF PAYMENT ORDERS AND ISSUANCE OF WRITTEN
CONFIRMATIONS.
8. THE TOWN CLERK AND/OR DEPUTY TOWN CLERK(S) IS/ARE HEREBY AUTHORIZED AND
DIRECTED TO CERTIFY TO AUTHORIZED BANK DEPOSITORIES UNDER THE SEAL OF THE
TOWN OF QUEENSBURY THE EFFECT OF THIS RESOLUTION, THE NAMES OF THE OFFICIALS,
AUTHORIZED PERSONS AND OTHER REPRESENTATIVE OF THE TOWN OF QUEENSBURY AND
ANY CHANGES FROM TIME TO TIME OF THESE OFFICIALS, AUTHORIZED PERSONS AND
REPRESENTATIVES, AND SPECIMENS OF THEIR RESPECTIVE SIGNATURES.
9. THE TOWN BOARD AUTHORIZES AND DIRECTS THE INDIVIDUALS LISTED IN NUMBER 1
ABOVE, SUBJECT TO ANY WRITTEN LIMITATIONS, TO EXERCISE THE FOLLOWING "POWERS
GRANTED" :
A. EXECUTE AND DELIVER THE ECASHMANAGER INTERNET BANKING SERVICES
AGREEMENT - GoVERNMENTAL (AGREEMENT) AND IN ACCORDANCE WITH SUCH
AGREEMENT, USE COMPUTER BANKING TO CHECK BALANCES AND ACCOUNT
INFORMATION ON THE TOWN'S DEPOSIT AND LOAN ACCOUNTS WITH EVERGREEN BANK
(BANK), TRANSFER FUNDS FROM THE TOWN'S DEPOSIT ACCOUNTS TO OTHER DEPOSIT
ACCOUNTS OF THE TOWN OR TO MAKE PAYMENTS ON THE TOWN'S LOAN ACCOUNTS
AND TO ENTER STOP PAYMENT ORDERS ON THE TOWN'S CHECKING ACCOUNTS WITH
THE BANK AND CONDUCT ANY OTHER ACTIVITY AUTHORIZED UNDER THE AGREEMENT;
AND
B. EXECUTE AND DELIVER THE ACH AGREEMENT BANKNORTH, N.A. GoVERNMENTAL
CUSTOMER AGREEMENT FOR ELECTRONIC PAYMENT SERVICES AND IN ACCORDANCE
WITH SUCH AGREEMENT, INITIATE DEBIT AND CREDIT ACH TRANSACTIONS TO THE
DEPOSIT ACCOUNTS OF THE TOWN;
C. EXECUTE AND DELIVER THE WIRE TRANSFER AGREEMENT (GoVERNMENTAL) AND IN
ACCORDANCE WITH SUCH AGREEMENT, INITIATE DOMESTIC WIRE TRANSFERS FROM THE
TOWN'S ACCOUNTS AT THE BANK;
AND
Organizational Meeting, 01-06-2003, Mtg #1
450
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THAT:
1. THE BANK IS DESIGNATED TO PROVIDE THE COMPUTER-BASED FINANCIAL
ACCOMMODATIONS INDICATED IN THIS RESOLUTION.
2. THIS RESOLUTION SHALL CONTINUE TO HAVE EFFECT UNTIL EXPRESS WRITTEN
NOTICE OF ITS RESCISSION OR MODIFICATION HAS BEEN RECEIVED AND RECORDED
BY THE BANK. ANY AND ALL PRIOR RESOLUTIONS ADOPTED BY THE TOWN BOARD
AND CERTIFIED TO THE BANK AS GOVERNING THE OPERATION OF THE TOWN'S
ACCOUNTS ARE IN FULL FORCE AND EFFECT UNTIL THE BANK RECEIVES AND
ACKNOWLEDGES AN EXPRESS WRITTEN NOTICE OF ITS REVOCATION, MODIFICATION
OR REPLACEMENT. ANY REVOCATION, MODIFICATION OR REPLACEMENT OF A
RESOLUTION MUST BE ACCOMPANIED BY DOCUMENTATION, SATISFACTORY TO THE
BANK, ESTABLISHING THE AUTHORITY FOR THE CHANGES.
3. THE SIGNATURE OF AN AGENT NAMED ON THIS RESOLUTION IS CONCLUSIVE
EVIDENCE OF HIS AUTHORITY TO ACT ON BEHALF OF THE TOWN. ANY AGENT, SO
LONG AS HE ACTS IN A REPRESENTATIVE CAPACITY AS AGENT OF THE TOWN, IS
AUTHORIZED TO MAKE ANY AND ALL OTHER CONTRACTS AGREEMENTS,
STIPULATIONS AND ORDERS WHICH HE MAY DEEM ADVISABLE FOR THE EFFECTIVE
EXERCISE OF THE POWERS INDICATED ABOVE, FROM TIME TO TIME WITH THE BANK,
SUBJECT TO ANY RESTRICTIONS ON THIS RESOLUTION OR OTHERWISE AGREED TO IN
WRITING.
4. ALL COMPUTER BANKING TRANSACTIONS, IF ANY, BY OR ON BEHALF OF THE TOWN
PRIOR TO THE ADOPTION OF THIS RESOLUTION ARE HEREBY RATIFIED, APPROVED
AND CONFIRMED.
5. THE TOWN AGREES TO THE TERMS AND CONDITIONS OF THE ECASHMANAGER
INTERNET BANKING SERVICES AGREEMENT - GOVERNMENTAL AND THE ACH
AGREEMENT BANKNORTH, N.A. GoVERNMENTAL CUSTOMER AGREEMENT FOR
ELECTRONIC PAYMENT SERVICES AND THE WIRE TRANSFER AGREEMENT
(GoVERNMENTAL) AND AUTHORIZES ANY AGENT NAMED ABOVE TO EXECUTE SUCH
AGREEMENTS AND DELIVER THEM TO THE BANK. THE TOWN AUTHORIZES THE
BANK, AT ANY TIME, TO CHARGE THE TOWN FOR ALL CHECKS, DRAFTS OR OTHER
ORDERS FOR THE PAYMENT OF MONEY THAT ARE DRAWN ON THE BANK SO LONG AS
THEY CONTAIN THE REQUIRED NUMBER OF SIGNATURES FOR THIS PURPOSE.
Organizational Meeting, 01-06-2003, Mtg #1
451
6. THE TOWN ACKNOWLEDGES AND AGREES THAT THE BANK MAY RELY ON
ALTERNATIVE SIGNATURE AND VERIFICATION CODES TO OR OBTAINED FROM THE
AGENTS NAMED IN THIS RESOLUTION. THE TERM "ALTERNATIVE SIGNATURE AND
VERIFICATION CODES" INCLUDES, BUT IS NOT LIMITED TO, ID NUMBERS AND
PERSONAL IDENTIFICATION NUMBERS (PIN) TO BE USED BY THE AGENTS TO ACCESS
INTERNET BANKING SERVICES. THE BANK SHALL HAVE NO RESPONSIBILITY OR
LIABILITY FOR UNAUTHORIZED USE OF ALTERNATIVE SIGNATURE AND
VERIFICATION CODES UNLESS OTHERWISE AGREED TO IN WRITING.
AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
COMPTROLLER'S OFFICE TO ADOPT A SYSTEM OF INTERNAL CONTROLS FOR THE DOCUMENTATION
AND REPORTING OF ALL TRANSFERS OR DISBURSEMENTS OF FUNDS ACCOMPLISHED BY ELECTRONIC
OR WIRE TRANSFER, 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 ACTION NECESSARY TO
EFFECTUATE ALL TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR
NOES
NONE
ABSENT:
NONE
RESOLUTION DESIGNATING OFFICIAL NEWSPAPER
RESOLUTION NO.: 7,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
Organizational Meeting, 01-06-2003, Mtg #1
452
WHEREAS, NEW YORK STATE TOWN LAW 964, SUBDIVISION 11 REQUIRES THE TOWN
BOARD TO DESIGNATE AN OFFICIAL NEWSPAPER FOR THE TOWN,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY DESIGNATES THE POST STAR
AS THE TOWN OF QUEENSBURY'S OFFICIAL NEWSPAPER.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING TOWN SUPERVISOR TO FILE
ANNUAL FINANCIAL REPORT IN TOWN CLERK'S OFFICE
RESOLUTION NO.: 8,2003
INTRODUCED BY: MR. ROGER BOOR
WHO MOVED ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
WHEREAS, NEW YORK STATE GENERAL MUNICIPAL LAW 930 REQUIRES THE TOWN
SUPERVISOR TO FILE THE TOWN'S ANNuAL FINANCIAL REpORT IN THE TOWN CLERK'S OFFICE ON OR
BEFORE APRIL 30, 2003 IN LIEU OF FILING A SEPARATE FINANCIAL REPORT WITH THE TOWN CLERK BY
FEBRUARY 28TH, 2003 AS REQUIRED BY NEW YORK STATE TOWN LAW 929,
NOW, THEREFORE, BE IT
RESOLVED, IN ACCORDANCE WITH NEW YORK STATE GENERAL MUNICIPAL LAW 930, THE
QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO FILE A
COPY OF THE ANNuAL FINANCIAL REpORT TO THE STATE COMPTROLLER WITH THE TOWN CLERK'S
OFFICE ON OR BEFORE APRIL 30, 2003.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
Organizational Meeting, 01-06-2003, Mtg #1
453
AYES
MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING PURCHASE OF POSTAGE
FOR WATER AND HIGHWAY DEPARTMENTS
RESOLUTION NO.: 9,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, AT TIMES IT IS NECESSARY FOR THE TOWN OF QUEENSBURY WATER AND
HIGHWAY DEPARTMENTS TO PURCHASE THEIR OWN POSTAGE FOR SMALL MAILINGS RATHER THAN
USING THE POSTAGE MACHINE AT THE TOWN OFFICE BUILDING,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES THE TOWN'S
WATER AND HIGHWAY DEPARTMENTS TO PURCHASE STAMPS AND REPLENISH THEIR SUPPLIES AS
NEEDED.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING MUNICIPAL OFFICIALS TO ATTEND
2003 ANNUAL ASSOCIATION OF TOWNS CONFERENCE
RESOLUTION NO.: 10,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
Organizational Meeting, 01-06-2003, Mtg #1
454
SECONDED BY: MR. TIM BREWER
WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO AUTHORIZE CERTAIN MUNICIPAL
OFFICIALS TO ATTEND THE ANNUAL NEW YORK STATE ASSOCIATION OF TOWNS CONFERENCE TO BE
HELD IN NEW YORK CITY FROM FEBRUARY 16TH THROUGH FEBRUARY 19TH, 2003,
NOW, THEREFORE, BE IT
RESOLVED, IN ACCORDANCE WITH NEW YORK STATE TOWN LAW 9116, SUBDIVISION 10
AND SUBJECT TO AVAILABILITY OF BUDGETARY APPROPRIATIONS, THE QUEENSBURY TOWN BOARD
HEREBY AUTHORIZES THE FOLLOWING TOWN OFFICERS AND EMPLOYEES TO ATTEND THE ANNUAL
ASSOCIATION OF TOWNS CONFERENCE TO BE HELD IN NEW YORK CITY FROM FEBRUARY 16TH
THROUGH FEBRUARY 19TH, 2003:
TOWN SUPERVISOR
TOWN BOARD MEMBERS
TOWN HIGHWAY SUPERINTENDENT
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT
DIRECTOR OF BUILDING AND CODES ENFORCEMENT
WATER SUPERINTENDENT AND WASTEWATER DIRECTOR
DEPUTY WATER SUPERINTENDENT OR DEPUTY WASTEWATER DIRECTOR
TOWN ASSESSOR
TOWN JUSTICES
TOWN CLERK
TOWN COMPTROLLER
DIRECTOR OF INFORMATION TECHNOLOGY
AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR TO CAST THE VOTE OF THE TOWN OF QUEENSBURY AT THE ASSOCIATION GENERAL
MEETING AND IN HIS ABSENCE, AUTHORIZES AND DIRECTS THE DEPUTY SUPERVISOR TO CAST THE
TOWN'S VOTE, AND
BE IT FURTHER,
RESOLVED, THAT ALL NECESSARY AND REASONABLE EXPENSES INCURRED AT THE
ASSOCIATION OF TOWNS CONFERENCE SHALL BE DEEMED PROPER TOWN CHARGES.
Organizational Meeting, 01-06-2003, Mtg #1
455
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
NOES
ABSENT:
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
NONE
NONE
RESOLUTION RE-APPOINTING REGISTRAR OF VITAL STATISTICS
AND RECORDS ACCESS OFFICER
RESOLUTION NO.: 11,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, IN ACCORDANCE WITH NEW YORK STATE PUBLIC HEALTH LAW 94121(3)(A),
THE QUEENSBURY TOWN BOARD WISHES TO RE-APPOINT DARLEEN DOUGHER AS REGISTRAR OF
VITAL STATISTICS AND RECORDS ACCESS OFFICER,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY RE-APPOINTS DARLEEN
DOUGHER AS REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER TO SERVE AT THE
PLEASURE OF THE BOARD, AND
BE IT FURTHER
RESOLVED, THAT IMMEDIATELY UPON Ms. DOUGHER'S ACCEPTANCE OF APPOINTMENT,
SHE SHALL APPOINT A DEPUTY TO ACT IN HER PLACE AND STEAD IN CASE OF ABSENCE OR INABILITY
AND THE DEPUTY SHALL ACCEPT THIS APPOINTMENT IN WRITING.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR
NOES
NONE
ABSENT:
NONE
Organizational Meeting, 01-06-2003, Mtg #1
456
RESOLUTION APPOINTING DIANA TALLON AS CONFIDENTIAL
SECRETARY TO TOWN HIGHWAY SUPERINTENDENT
RESOLUTION NO.: 12,2003
INTRODUCED BY: MR. ROGER BOOR
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, TOWN HIGHWAY SUPERINTENDENT RICHARD MISSITA HAS RECOMMENDED
THAT DIANA TALLON BE RE-APPOINTED AS CONFIDENTIAL SECRETARY TO THE HIGHWAY
SUPERINTENDENT FOR THE YEAR 2003,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY RE-APPOINTS DIANA TALLON
AS CONFIDENTIAL SECRETARY TO THE TOWN HIGHWAY SUPERINTENDENT FOR THE YEAR 2003.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER
NOES
NONE
ABSENT:
NONE
RESOLUTION APPOINTING JUSTICE CLERKS AND
DEPUTY COURT CLERK
RESOLUTION NO.: 13,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
WHEREAS, IN ACCORDANCE WITH NEW YORK STATE TOWN LAW 920, SUBDIVISION l(A)
AND NEW YORK STATE UNIFORM JUSTICE COURT ACT 9109, THE TOWN BOARD HAS THE AUTHORITY
TO APPOINT TOWN JUSTICE COURT CLERKS AND DEPUTY COURT CLERKS,
NOW, THEREFORE, BE IT
Organizational Meeting, 01-06-2003, Mtg #1
457
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPOINTS KAREN STOCKWELL
AND CAROL FINAMORE AS TOWN JUSTICE COURT CLERKS AND KERRIE HATIN AS DEPUTY COURT
CLERK, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
JUSTICE COURT TO NOTIFY THE NEW YORK STATE ADMINISTRATIVE BOARD OF THE JUDICIAL
CONFERENCE OF THESE APPOINTMENTS.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
NOES
ABSENT:
MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC
NONE
NONE
RESOLUTION TO APPOINT TOWN HISTORIAN
RESOLUTION NO.: 14,2003
INTRODUCED BY: MR. ROGER BOOR
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO RE-APPOINT MARIL YN VANDYKE,
PH.D. AS ITS TOWN HISTORIAN FOR THE YEAR 2003,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY RE-APPOINTS MARILYN
VANDYKE, EnD. AS TOWN HISTORIAN FOR THE ToWN OF QUEENSBURY FOR THE YEAR 2003.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
Organizational Meeting, 01-06-2003, Mtg #1
458
NOES NONE
ABSENT: NONE
RESOLUTION APPOINTING MEMBERS TO
TOWN HISTORIAN'S ADVISORY BOARD
RESOLUTION NO.: 15,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, THE TOWN OF QUEENSBURY PREVIOUSL Y ESTABLISHED THE TOWN HISTORIAN'S
ADVISORY BOARD IN ACCORDANCE WITH THE QUEENSBURY TOWN CODE, AND
WHEREAS, THE ONE-YEAR TERMS FOR THE ADVISORY BOARD MEMBERS RECENTLY
EXPIRED AND THE TOWN BOARD WISHES TO APPOINT MEMBERS FOR THE YEAR 2003,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPOINTS THE FOLLOWING
MEMBERS TO THE TOWN OF QUEENSBURY HISTORIAN'S ADVISORY BOARD UNTIL THEIR TERMS
EXPIRE ON DECEMBER 31 ST, 2003:
JOHN AUSTIN;
DOUGLAS BAERTSCHI;
DAVID BANNON;
MAUREEN MONAHAN-CHASE;
JOHN STROUGH; AND
JUNE KRAUSE.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BROWER
NOES
NONE
ABSENT:
MR. BREWER
RESOLUTION APPOINTING PLANNING BOARD CHAIRMAN
RESOLUTION NO.: 16,2003
INTRODUCED BY: MR. ROGER BOOR
Organizational Meeting, 01-06-2003, Mtg #1
459
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO REAPPOINT CRAIG MAcEwAN AS
CHAIRMAN OF THE TOWN'S PLANNING BOARD FOR 2003,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY REAPPOINTS CRAIG MAcEwAN
AS CHAIRMAN OF THE TOWN'S PLANNING BOARD FOR 2003.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. TURNER, MR. STEC, MR. BROWER, MR. BOOR
NOES
NONE
ABSENT:
MR. BREWER
RESOLUTION REAPPOINTING JOSEPH FUSCO AS MEMBER OF
TOWN RECREATION COMMISSION
RESOLUTION NO.: 17,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE TOWN OF QUEENSBURY PREVIOUSLY ESTABLISHED THE TOWN OF
QUEENSBURY RECREATION COMMISSION IN ACCORDANCE WITH APPLICABLE NEW YORK STATE
LAW, AND
WHEREAS, THE TERM OF RECREATION COMMISSION MEMBER JOSEPH Fusco RECENTLY
EXPIRED AND MR. Fusco WISHES TO BE REAPPOINTED TO THE COMMISSION,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY REAPPOINTS JOSEPH Fusco TO
SERVE AS A MEMBER OF THE TOWN OF QUEENSBURY RECREATION COMMISSION UNTIL SUCH TERM
EXPIRES ON DECEMBER 31 ST, 2009.
Organizational Meeting, 01-06-2003, Mtg #1
460
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. STEC, MR. BROWER, MR. BOOR, MR. TURNER
NOES
NONE
ABSENT:
MR. BREWER
RESOLUTION APPOINTING MEMBERS TO CITIZENS ADVISORY
COMMITTEE ON ENVIRONMENTAL ISSUES
RESOLUTION NO.: 18,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
MR. ROGER BOOR
WHEREAS, THE TOWN OF QUEENSBURY PREVIOUSLY ESTABLISHED A CITIZENS ADVISORY
COMMITTEE ON ENVIRONMENTAL ISSUES AND VACANCIES EXIST ON THIS COMMITTEE, AND
WHEREAS, THE TOWN BOARD WISHES TO APPOINT MEMBERS TO FILL THE VACANCIES ON
THE ENVIRONMENTAL COMMITTEE,
NOW, THEREFORE BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPOINTS THE FOLLOWING
MEMBERS TO THE TOWN'S CITIZENS ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES:
1. BOB HUNTZ;
2. DEBORAH ROBERTS;
3. LINDA WHITE;
4. THOMAS JARRETT;
5. ALAN L. KOECHLEIN; AND
6. LEON STEVES - EX OFFICIO MEMBER.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC
NOES
NONE
ABSENT
MR. BREWER
Discussion held before vote: Supervisor Brower-With regret we have received the resignation of
Mr. George Stec. Thanked Mr. Stec for his service.
Organizational Meeting, 01-06-2003, Mtg #1
461
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL
RESOLUTION NO.: 19,2003
INTRODUCED BY: MR. ROGER BOOR
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, THE ADIRONDACK THEATRE FESTIVAL PRESENTS NUMEROUS PERFORMANCES
AND EVENTS ANNUALLY IN THE TOWN OF QUEENSBURY AND THE CITY OF GLENS FALLS, THEREBY
PROMOTING THE CULTURAL DEVELOPMENT OF THE COMMUNITY, AND
WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO ENTER INTO AN AGREEMENT WITH
THE ADIRONDACK THEATRE FESTIVAL FOR THE YEAR 2003 FOR THE PROMOTION OF PERFORMANCES
AND EVENTS TO TOWN RESIDENTS, AND
WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN
FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE AGREEMENT
BETWEEN THE TOWN AND THE ADIRONDACK THEATRE FESTIVAL AND AUTHORIZES AND DIRECTS THE
TOWN SUPERVISOR TO EXECUTE THE AGREEMENT, WITH FUNDING FOR THE AGREEMENT BE PAID FOR
FROM THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BROWER
NOES
NONE
ABSENT:
MR. BREWER
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND AMERICAN LEGION POST 533
RESOLUTION NO.: 20,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
Organizational Meeting, 01-06-2003, Mtg #1
462
WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH
AMERICAN LEGION POST 533, AND
WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN
FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE AGREEMENT
BETWEEN THE TOWN AND AMERICAN LEGION POST 533 FOR THE YEAR 2003 AND AUTHORIZES AND
DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM
THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. TURNER, MR. STEC, MR. BROWER, MR. BOOR
NOES
NONE
ABSENT:
MR. BREWER
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND BIG BROTHERS/BIG SISTERS
RESOLUTION NO.: 21,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH BIG
BROTHERS/BIG SISTERS FOR THE YEAR 2003, AND
WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN
FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
BETWEEN THE TOWN AND BIG BROTHERS/BIG SISTERS AND AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR TO EXECUTE THE AGREEMENT, WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE
TOWN ACCOUNT.
Organizational Meeting, 01-06-2003, Mtg #1
463
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. STEC, MR. BROWER, MR. BOOR, MR. TURNER
NOES
NONE
ABSENT:
MR. BREWER
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND CARITAS, INC.
RESOLUTION NO.: 22,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH
CARITAS, INc., FOR THE YEAR 2003, AND
WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN
FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
BETWEEN THE TOWN AND CARITAS, INc., AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO
EXECUTE THE AGREEMENT, WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 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 THE CHAPMAN MUSEUM
RESOLUTION NO.: 23,2003
Organizational Meeting, 01-06-2003, Mtg #1
464
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE
CHAPMAN HISTORICAL MUSEUM, AND
WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN
FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
BETWEEN THE TOWN AND THE CHAPMAN HISTORICAL MUSEUM AND AUTHORIZES AND DIRECTS THE
TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE
APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND GLENS FALLS AREA YOUTH CENTER
RESOLUTION NO.: 24,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, THE QUEENSBURY TOWN BOARD BELIEVES IT IS APPROPRIATE AND BENEFICIAL
TO THE TOWN TO PROVIDE SERVICES AND BENEFITS SUCH AS CAREER COUNSELING AND DINNERS TO
ECONOMICALL Y DISADVANTAGED YOUTHS RESIDING IN THE TOWN OF QUEENSBURY AND THEREFORE
WISHES TO ENTER INTO AN AGREEMENT WITH THE GLENS FALLS AREA YOUTH CENTER FOR THE
PROVISION OF THESE SERVICES AND BENEFITS, AND
WHEREAS, A PROPOSED AGREEMENT FOR THE YEAR 2003 HAS BEEN PRESENTED AT THIS
MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL,
Organizational Meeting, 01-06-2003, Mtg #1
465
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
BETWEEN THE TOWN AND THE GLENS FALLS AREA YOUTH CENTER AND AUTHORIZES AND DIRECTS
THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT TO BE
PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND GLENS FALLS SYMPHONY ORCHESTRA, INC.
RESOLUTION NO.: 25,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE GLENS FALLS SYMPHONY ORCHESTRA, INc., (SYMPHONY) HELPS TO
PROMOTE THE CULTURAL DEVELOPMENT OF THE COMMUNITY, ATTRACTS MANY PERSONS TO THE
QUEENSBURY AREA AND PROVIDES AN ECONOMIC BOON TO THE COMMUNITY, AND
WHEREAS, THE TOWN OF QUEENSBURY THEREFORE WISHES TO ENTER INTO AN
AGREEMENT WITH THE SYMPHONY FOR THE YEAR 2003 AND A PROPOSED AGREEMENT IN FORM
APPROVED BY TOWN COUNSEL HAS BEEN PRESENTED AT THIS MEETING,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the Glens Falls
Symphony Orchestra, Inc., helps promote cultural development in the Town of Queensbury and
hereby approves of the Agreement between the Town of Queensbury and the Glens Falls
Symphony Orchestra, Inc., as presented at this meeting, and
BE IT FURTHER,
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE
TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE
APPROPRIATE TOWN ACCOUNT.
Organizational Meeting, 01-06-2003, Mtg #1
466
DULY ADOPTED THIS 6TH DAY OF JANUARY, 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-Does this contract state that there will be a
concert in Queensbury? Town Counsel Hafner-Noted it was in the contract.
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND GREATER GLENS FALLS SENIOR CITIZENS, INC.
RESOLUTION NO.: 26,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
WHEREAS, THE QUEENSBURY TOWN BOARD BELIEVES IT IS APPROPRIATE AND BENEFICIAL
TO PROVIDE SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS TO TOWN OF QUEENSBURY
SENIOR CITIZENS AND THEREFORE WISHES TO CONTRACT WITH THE GREATER GLENS FALLS SENIOR
CITIZENS, INc. FOR SENIOR CITIZEN RECREATIONAL AND SOCIAL ACTIVITIES AND PROGRAMS, AND
WHEREAS, A PROPOSED AGREEMENT BETWEEN THE TOWN AND THE GREATER GLENS
FALLS SENIOR CITIZENS, INc. HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY
TOWN COUNSEL, AND
WHEREAS, THIS AGREEMENT IS PERMITTED AND AUTHORIZED BY NEW YORK STATE
GENERAL MUNICIPAL LAW 995A,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
BETWEEN THE TOWN AND THE GREATER GLENS FALLS SENIOR CITIZENS, INc. AND AUTHORIZES AND
DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FROM THE
APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER
NOES
NONE
ABSENT:
NONE
Organizational Meeting, 01-06-2003, Mtg #1
467
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND HYDE COLLECTION
RESOLUTION NO.: 27,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE
HYDE COLLECTION, AND
WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN
FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE
AGREEMENT BETWEEN THE TOWN AND THE HYDE COLLECTION AND AUTHORIZES AND DIRECTS THE
TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT TO BE PAID
FOR FROM THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 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 LITERACY VOLUNTEERS
RESOLUTION NO.: 28,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, THE QUEENSBURY TOWN BOARD BELIEVES IT IS APPROPRIATE AND BENEFICIAL
TO THE TOWN TO PROVIDE REMEDIAL READING SERVICES TO TOWN OF QUEENSBURY ADULT
RESIDENTS WITH READING DIFFICULTIES AND THEREFORE WISHES TO ENTER INTO AN AGREEMENT
WITH LITERACY VOLUNTEERS FOR THE PROVISION OF THESE SERVICES, AND
Organizational Meeting, 01-06-2003, Mtg #1
468
WHEREAS, A PROPOSED AGREEMENT FOR THE YEAR 2003 BETWEEN THE TOWN OF
QUEENSBURY AND LITERACY VOLUNTEERS HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM
APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
BETWEEN THE TOWN AND LITERACY VOLUNTEERS AND AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT TO BE PAID FOR
FROM THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND MOUNTAINSIDE FREE LIBRARY
RESOLUTION NO.: 29,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE
MOUNTAINSIDE FREE LIBRARY, AND
WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN
FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE AGREEMENT
WITH MOUNTAINSIDE FREE LIBRARY AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO
EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
Organizational Meeting, 01-06-2003, Mtg #1
469
NOES NONE
ABSENT: NONE
RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC.
SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE 2002
STANDARD YEAR END ADMINISTRATION SERVICES
RESOLUTION NO.: 30, 2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO ENGAGE THE SERVICES OF
PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE THE 2002 STANDARD YEAR
END ADMINISTRATION SERVICES FOR THE TOWN OF QUEENSBURY'S VOLUNTEER FIREFIGHTER
SERVICE AWARD PROGRAM AS OUTLINED IN PENFLEX's SERVICE FEE AGREEMENT PRESENTED AT
THIS MEETING, AND
WHEREAS, PENFLEX WILL PROVIDE THESE SERVICES FOR THE ESTIMATED COST OF $8,250,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES AND AUTHORIZES
THE ENGAGEMENT OF PENFLEX, INC. TO PROVIDE THE 2002 STANDARD YEAR END
ADMINISTRATION SERVICES FOR THE TOWN'S VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM
AT THE ESTIMATED COST OF $8,250 TO BE PAID FROM THE APPROPRIATE ACCOUNT, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR TO EXECUTE THE AGREEMENT WITH PENFLEX, INC. PRESENTED AT THIS MEETING AND
TAKE ANY OTHER ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003 BY THE FOLLOWING VOTE:
AYES
MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR
NOES
NONE
ABSENT
NONE
Organizational Meeting, 01-06-2003, Mtg #1
470
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND QUEENSBURY ECONOMIC
DEVELOPMENT CORPORATION
RESOLUTION NO. : 31,2003
INTRODUCED BY: MR. ROGER BOOR
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
WHEREAS, on behalf of the Town of Queensbury, Queensbury Town Board
members formed the Queensbury Economic Development Corporation CQEDC) in
1986 under the Not - for-Profit Corporation Law ~402 and ~ 1411, and
WHEREAS, THE ToWN AND QEDC RECOGNIZE THE NEED TO REVITALIZE THE LOCAL
ECONOMY BY INCREASING THE NUMBER OF JOBS FOR ToWN RESIDENTS BY ATTRACTING HIGH
TECHNOLOGY AND OTHER INDUSTRIES TO THE AREA, AND
WHEREAS, IN ACCORDANCE WITH THE NOT-FOR-PROFIT CORPORATION LAW 91411(A)
AND QEDC's CERTIFICATE OF INCORPORATION, AS AMENDED, THE PURPOSES OF THE QEDC ARE
THE EXCLUSIVEL Y CHARITABLE OR PUBLIC PURPOSES OF RELIEVING AND REDUCING
UNEMPLOYMENT, PROMOTING AND PROVIDING FOR ADDITIONAL AND MAXIMUM EMPLOYMENT,
BETTERING AND MAINTAINING JOB OPPORTUNITIES, INSTRUCTING OR TRAINING INDIVIDUALS TO
IMPROVE OR DEVELOP THEIR CAPABILITIES FOR SUCH JOBS, CARRYING ON SCIENTIFIC RESEARCH
FOR THE PURPOSE OF AIDING A COMMUNITY OR GEOGRAPHICAL AREA BY ATTRACTING NEW
INDUSTRY TO THE COMMUNITY OR AREA OR BY ENCOURAGING THE DEVELOPMENT OF, OR
RETENTION OF, AN INDUSTRY IN THE COMMUNITY OR AREA, AND LESSENING THE BURDENS OF
GOVERNMENT AND ACTING IN THE PUBLIC INTEREST, AND
WHEREAS, THE NOT-FOR-PROFIT CORPORATION LAW SPECIFICALLY FINDS THAT
CORPORATIONS ORGANIZED UNDER 91411 PERFORM AN ESSENTIAL GOVERNMENTAL FUNCTION,
AND
WHEREAS, THE ToWN BOARD STRONGLY SUPPORTS QEDC's IMPORTANT MISSION TO
IMPROVE EMPLOYMENT OPPORTUNITIES AND ECONOMIC DEVELOPMENT IN THE ToWN, AND
WHEREAS, THE ToWN WISHES TO ENTER INTO AN AGREEMENT WITH QEDC AND A
PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING IN FORM APPROVED BY ToWN
COUNSEL,
Organizational Meeting, 01-06-2003, Mtg #1
471
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES AND AUTHORIZES
THE AGREEMENT WITH THE QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION PRESENTED AT
THIS MEETING WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE ACCOUNT, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR TO EXECUTE THE AGREEMENT AND TAKE SUCH OTHER AND FURTHER ACTION AS MAYBE
NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 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 QUEENSBURY LAND CONSERVANCY, INC.
RESOLUTION NO.: 32,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE
QUEENSBURY LAND CONSERVANCY FOR THE PURPOSE OF HELPING TO PRESERVE OPEN SPACE IN THE
TOWN OF QUEENSBURY, AND
WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN
FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
BETWEEN THE TOWN AND THE QUEENSBURY LAND CONSERVANCY AND AUTHORIZES AND DIRECTS
Organizational Meeting, 01-06-2003, Mtg #1
472
THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE
APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 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 QUEENSBURY SENIOR CITIZENS, INC.
RESOLUTION NO.: 33,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
WHEREAS, THE QUEENSBURY TOWN BOARD BELIEVES IT APPROPRIATE AND BENEFICIAL TO
PROVIDE SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS TO TOWN OF QUEENSBURY SENIOR
CITIZENS AND THEREFORE WISHES TO CONTRACT WITH THE QUEENSBURY SENIOR CITIZENS, INc. FOR
THESE TYPES OF ACTIVITIES AND PROGRAMS, AND
WHEREAS, A PROPOSED AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND
QUEENSBURY SENIOR CITIZENS, INc. HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM
APPROVED BY TOWN COUNSEL, AND
WHEREAS, THIS AGREEMENT IS PERMITTED AND AUTHORIZED BY NEW YORK STATE
GENERAL MUNICIPAL LAW 995A,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE AGREEMENT
BETWEEN THE TOWN AND QUEENSBURY SENIOR CITIZENS, INc. AND AUTHORIZES AND DIRECTS THE
TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT TO BE PAID
FOR FROM THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
Organizational Meeting, 01-06-2003, Mtg #1
473
ABSENT: NONE
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND QUEENSBURY YOUTH BASEBALL
& SOFTBALL, INC.
RESOLUTION NO.: 34,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE
QUEENSBURYYOUTHBASEBALL& SOFTBALL, INc., AND
WHEREAS, A PROPOSED AGREEMENT FOR THE YEAR 2003 HAS BEEN PRESENTED AT THIS
MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
BETWEEN THE TOWN AND THE QUEENSBURY YOUTH BASEBALL & SOFTBALL, INc., AND AUTHORIZES
AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR
FROM THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING CONTRACT WITH
WORLD AWARENESS CHILDREN'S MUSEUM
RESOLUTION NO.: 35,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
Organizational Meeting, 01-06-2003, Mtg #1
474
WHEREAS, THE TOWN OF QUEENSBURY WISHES TO CONTRACT WITH THE WORLD
AWARENESS CHILDREN'S MUSEUM FOR THE YEAR 2003, AND
WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN
FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
BETWEEN THE TOWN AND THE WORLD AWARENESS CHILDREN'S MUSEUM AND AUTHORIZES AND
DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT
TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR
NOES
NONE
ABSENT:
NONE
RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED
ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS CAPITAL PROJECT
RESOLUTION NO.: 36,2003
INTRODUCED BY: MR. ROGER BOOR
WHO MOVED ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, BYREsOLUTIONNo.: 245,2002 THE QUEENSBURYTOWNBOARDADOPTED THE
YEAR 2002 CAPITAL IMPROVEMENT PLAN (CIP) FOR THE TOWN OF QUEENSBURY, WHICH CIP
INCLUDED THE TOWN'S PROPOSED 2002 PRIORITIZED SHORT AND LONG-TERM CAPITAL PROJECTS,
AND
WHEREAS, IN ACCORDANCE WITH THE CIP, THE TOWN BOARD MUST CONDUCT A PUBLIC
HEARING BEFORE APPROVING ANY SPECIFIC CAPITAL PROJECT LISTED ON THE CIP, AND
WHEREAS, THE TOWN BOARD WISHES TO SCHEDULE A PUBLIC HEARING CONCERNING
ESTABLISHMENT OF THE ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS CAPITAL PROJECT AS
CURRENTL Y LISTED ON THE TOWN'S APPROVED CIP,
Organizational Meeting, 01-06-2003, Mtg #1
475
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD SHALL MEET AND HOLD A PUBLIC
HEARING AT THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY AT 7:00 P.M. ON
JANUARY 27TH, 2003 TO HEAR ALL INTERESTED PERSONS AND TAKE ANY NECESSARY ACTION
PROVIDED BY LAW CONCERNING ESTABLISHMENT OF THE PROPOSED ROUTES 9 AND 254 TRAFFIC
IMPROVEMENTS CAPITAL PROJECT, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE
QUEENSBURY TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC HEARING CONCERNING THE
PROPOSED CAPITAL PROJECT IN THE MANNER PROVIDED BY LAW.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER
NOES NONE
ABSENT: NONE
RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK &
COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT TOWN OF
QUEENSBURY'S FINANCIAL STATEMENTS FOR FISCAL YEAR
ENDING DECEMBER 31,2002
RESOLUTION NO.: 37,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE QUEENSBURY TOWN BOARD PREVIOUSLY AUTHORIZED ENGAGEMENT OF
THE SERVICES OF CUSACK & COMPANY, CPA's (CUSACK) TO AUDIT THE TOWN OF QUEENSBURY'S
FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING DECEMBER 31, 2001 AND PROVIDE
ACCOUNTING ADVICE TO THE TOWN THROUGHOUT 2002, AND
WHEREAS, THE TOWN COMPTROLLER HAS BEEN PLEASED WITH THE SERVICES OF CUSACK
AND WISHES TO CONTINUE ENGAGEMENT OF ITS SERVICES, AND
Organizational Meeting, 01-06-2003, Mtg #1
476
WHEREAS, CUSACK HAS OFFERED TO AUDIT THE TOWN'S FINANCIAL STATEMENTS FOR THE
FISCAL YEAR ENDING DECEMBER 31, 2002 AT A COST NOT TO EXCEED $13,800 AS MORE
SPECIFICALLY SET FORTH IN ITS LETTER DATED DECEMBER 1 ST, 2002,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES CONTINUATION
OF THE AUDITING SERVICES OF CUSACK & COMPANY, CPA's TO PROVIDE AUDITING SERVICES TO THE
TOWN OF QUEENSBURY FOR THE YEAR ENDING DECEMBER 31, 2002 AND PROVIDE ACCOUNTING
ADVICE TO THE TOWN THROUGHOUT 2003 FOR AN AMOUNT NOT TO EXCEED $13,800 TO BE PAID FOR
FROM THE APPROPRIATE ACCOUNT, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR AND/OR TOWN COMPTROLLER TO SIGN ANY DOCUMENTATION AND TAKE ANY AND ALL
ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING CONTRACTUAL AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND CONVENIENT MEDICAL
CARE, P.C. FOR SUBSTANCE TESTING SERVICES
RESOLUTION NO.: 38,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO ENTER INTO A CONTRACTUAL
AGREEMENT WITH CONVENIENT MEDICAL CARE, P.c. TO PERFORM SUBSTANCE TESTING SERVICES
FOR THE TOWN FOR 2003 IN ACCORDANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS
(FMCSR), AND
Organizational Meeting, 01-06-2003, Mtg #1
477
WHEREAS, CONVENIENT MEDICAL CARE, P.c., HAS OFFERED TO PERFORM THESE SERVICES
IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE CONTRACTUAL AGREEMENT PRESENTED
AT THIS MEETING,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE CONTRACTUAL
AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND CONVENIENT MEDICAL CARE, P.c., TO
PERFORM SUBSTANCE TESTING SERVICES FOR 2003 WITH THE COSTS FOR SUCH SERVICES TO BE PAID
FOR FROM THE APPROPRIATE ACCOUNTS, AND
BElT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR TO EXECUTE THE CONTRACTUAL AGREEMENT AND TAKE ANY OTHER ACTION
NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
ABSENT:
NONE
RESOLUTION AWARDING BID FOR SENIOR CITIZENS
TRANSPORTATION TO WARREN-HAMILTON COUNTIES ACEO, INC.-
COMMUNITY ACTION AGENCY
RESOLUTION NO.: 39,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, THE TOWN OF QUEENSBURY DULY ADVERTISED FOR BIDS FOR TRANSPORTATION
FOR SENIOR CITIZENS IN THE TOWN OF QUEENSBURY FOR THE YEAR 2003, AND
WHEREAS, THE WARREN-HAMILTON COUNTIES ACEO, INc. - COMMUNITY ACTION
AGENCY HAS OFFERED TO PROVIDE THE TRANSPORTATION SERVICES FOR THE YEAR 2003 FOR THE
AMOUNT OF $12,000, AND
Organizational Meeting, 01-06-2003, Mtg #1
478
WHEREAS, THE ACTING PURCHASING AGENT HAS RECOMMENDED THAT THE TOWN BOARD
AWARD THE BID TO THE WARREN-HAMILTON COUNTIES COMMUNITY ACTION AGENCY, THE ONLY
AND THEREFORE LOWEST RESPONSIBLE BIDDER,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AWARDS THE CONTRACT FOR
TRANSPORTATION OF SENIOR CITIZENS FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2003 TO THE
WARREN-HAMILTON COUNTIES ACEO, INc. - COMMUNITY ACTION AGENCY FOR THE AMOUNT OF
$12,000 TO BE PAID FOR FROM THE APPROPRIATE ACCOUNT, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR, TOWN COMPTROLLER AND/OR ACTING PURCHASING AGENT TO TAKE SUCH OTHER AND
FURTHER ACTION AS MAY BE NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
NOES
NONE
ABSENT:
NONE
RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION
SERVICE AGREEMENTS
RESOLUTION NO.: 40,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, FIRE PROTECTION SERVICES ARE PROVIDED TO THE TOWN OF QUEENSBURY BY
THE BAY RIDGE VOLUNTEER FIRE Co., INc., NORTH QUEENSBURY VOLUNTEER FIRE Co., INc.,
QUEENSBURY CENTRAL VOLUNTEER FIRE Co., INc., SOUTH QUEENSBURY VOLUNTEER FIRE Co,
INc., AND WEST GLENS FALLS VOLUNTEER FIRE CO., INc., (FIRE COMPANIES) IN ACCORDANCE WITH
AGREEMENTS BETWEEN EACH FIRE COMPANY AND THE TOWN, AND
WHEREAS, THE TOWN AND FIRE COMPANIES HAVE NEGOTIATED TERMS FOR NEW TWO (2)
YEAR AGREEMENTS FOR FIRE PROTECTION SERVICES, AND
Organizational Meeting, 01-06-2003, Mtg #1
479
WHEREAS, IN ACCORDANCE WITH TOWN LAW 9184 AND GENERAL MUNICIPAL LAW
9209(B), THE TOWN BOARD WISHES TO SET A PUBLIC HEARING CONCERNING THE PROPOSED
AGREEMENTS FOR FIRE PROTECTION SERVICES,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD SHALL CONDUCT A PUBLIC HEARING
CONCERNING THE PROPOSED NEW FIRE PROTECTION SERVICES AGREEMENTS BETWEEN THE TOWN AND
BAY RIDGE VOLUNTEER FIRE Co., INc., NORTH QUEENSBURY VOLUNTEER FIRE Co., INc.,
QUEENSBURY CENTRAL VOLUNTEER FIRE Co., INc., SOUTH QUEENSBURY VOLUNTEER FIRE Co,
INc., AND WEST GLENS FALLS VOLUNTEER FIRE Co., INc., ON JANUARY 27TH, 2003 AT 7:00 P.M.,
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 (1 0) DAYS PRIOR TO THE PUBLIC HEARING.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING ADVANCE PAYMENT TO TOWN FIRE
COMPANIES BEFORE EXECUTION OF NEW CONTRACTS
RESOLUTION NO.: 41,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, FIRE PROTECTION SERVICES ARE PROVIDED TO THE TOWN OF QUEENSBURY BY
THE BAY RIDGE VOLUNTEER FIRE Co., INc., NORTH QUEENSBURY VOLUNTEER FIRE Co., INc.,
QUEENSBURY CENTRAL VOLUNTEER FIRE Co., INc., SOUTH QUEENSBURY VOLUNTEER FIRE Co,
INc., AND THE WEST GLENS FALLS VOLUNTEER FIRE Co., INc., (FIRE COMPANIES) IN ACCORDANCE
WITH AGREEMENTS BETWEEN EACH FIRE COMPANY AND THE TOWN, AND
Organizational Meeting, 01-06-2003, Mtg #1
480
WHEREAS, THE TOWN'S AGREEMENTS WITH THE FIRE COMPANIES HAVE STATED
EXPIRATION DATES OF DECEMBER 31, 2002, AND
WHEREAS, THE TOWN AND FIRE COMPANIES HAVE AGREED TO CONTINUE TO PROVIDE FIRE
PROTECTION SERVICES UNDER THE TERMS AND PROVISIONS OF THE EXISTING AGREEMENTS DURING
THE INTERIM PERIOD PENDING EXECUTION OF NEW AGREEMENTS WHICH IS ANTICIPATED AFTER THE
PUBLIC HEARING ON NEW FIRE PROTECTION SERVICES AGREEMENTS IS HELD ON JANUARY 27TH, 2003,
AND
WHEREAS, THE FIRE COMPANIES MAY FACE CASH FLOW SHORTAGES BEFORE THE NEW
AGREEMENTS CAN BE EXECUTED AND THEREFORE THE TOWN BOARD WISHES TO AUTHORIZE
ADVANCE PAYMENTS ON THE 2003 AGREEMENTS TO THE FIRE COMPANIES, SUCH ADVANCES TO BE
DEDUCTED FROM THE FIRST CONTRACT PAYMENTS WHICH WILL BE PAID AFTER THE 2003 CONTRACTS
ARE RATIFIED AND VOUCHERS ARE SUBMITTED,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES THE TOWN
SUPERVISOR TO APPROVE PAYMENT VOUCHERS TO THE TOWN OF QUEENSBURY FIRE COMPANIES IN
ADVANCE PAYMENT ON THE NEW FIRE PROTECTION SERVICES 2003 AGREEMENTS AS FOLLOWS:
1. BAY RIDGE VOLUNTEER FIRE COMPANY, INc. $ 95,000
2. NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. $ 84,000
3. QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INc. $127,000
4. SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. $ 71,000
5. WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INc. $107,000
AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR AND TOWN COMPTROLLER TO MAKE ANY NECESSARY ARRANGEMENTS FOR ADVANCE
PAYMENT TO THE FIRE COMPANIES AND TAKE SUCH OTHER AND FURTHER ACTION NECESSARY TO
EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
NOES
MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER
NONE
Organizational Meeting, 01-06-2003, Mtg #1
481
ABSENT: NONE
RESOLUTION AUTHORIZING BADGER METER INC.
TO CONTINUE PROVIDING RADIO READ METERS
AND ACCESSORIES TO WATER DEPARTMENT DURING 2003
RESOLUTION NO.: 42,2002
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE TOWN BOARD PREVIOUSLY AUTHORIZED BADGER METER, INc. TO PROVIDE
RADIO READ METERS AND ACCESSORIES TO THE TOWN WATER DEPARTMENT DURING 2002, AND
WHEREAS, THE WATER SUPERINTENDENT HAS RECOMMENDED THAT THE TOWN OF
QUEENSBURY CONTINUE TO USE THE BADGER METER SYSTEM AND HAS THEREFORE REQUESTED
TOWN BOARD AUTHORIZATION TO ALLOW BADGER METER, INc. TO CONTINUE PROVIDING RADIO
READ METERS AND ACCESSORIES TO THE TOWN WATER DEPARTMENT DURING 2003 FOR A TOTAL
SUM NOT TO EXCEED $125,000,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES BADGER METER,
INc. TO CONTINUE PROVIDING THE TOWN OF QUEENSBURY WATER DEPARTMENT WITH RADIO READ
METERS AND ACCESSORIES DURING 2003 FOR A TOTAL SUM NOT TO EXCEED $125,000 TO BE PAID FOR
FROM ACCOUNT No.: 40-8340-2300, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
WATER SUPERINTENDENT, 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 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC
NOES
NONE
ABSENT:
NONE
Organizational Meeting, 01-06-2003, Mtg #1
482
RESOLUTION AUTHORIZING POSITION RECLASSIFICATION/ UPGRADE AND
ASSOCIATED APPOINTMENT TO POSITION
RESOLUTION NO. 43,2003
INTRODUCED BY MR. TIM BREWER
WHO MOVED FOR ITS ADOPTION
SECONDED BY
: MR. THEODORE TuRNER
WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO RECLASSIFY AND UPGRADE A
CERTAIN POSITION WITHIN THE TOWN OF QUEENSBURY AND APPOINT AN EMPLOYEE TO THIS
RECLASSIFIED, UPGRADED POSITION,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES THE
RECLASSIFICATION AND UPGRADE OF POSITION AND ASSOCIATED EMPLOYEE APPOINTMENT AND
ANNUAL SALARY EFFECTIVE JANUARY 6TH, 2003 AS FOLLOWS:
NAME POSITION GRADE OVERTIME ANNuAL
SALARY
TIMOTHY MAINTENANCE SUPERVISOR - 7 EXEMPT 46,680
BURCH WATER
AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR AND/OR TOWN COMPTROLLER TO COMPLETE AND FILE ANY FORMS AND TAKE ANY
ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
ABSENT:
NONE
Organizational Meeting, 01-06-2003, Mtg #1
483
RESOLUTION AWARDING BID FOR SODIUM HYPOCHLORITE FOR
USE AT TOWN WATER TREATMENT PLANT
RESOLUTION NO.: 44,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE TOWN OF QUEENSBURY DULY ADVERTISED FOR BIDS FOR SODIUM
HYPOCHLORITE IN ACCORDANCE WITH WATER DEPARTMENT BID SPECIFICATION No.: 02-09, AND
WHEREAS, THE WATER SUPERINTENDENT HAS REVIEWED THE BIDS AND, ALONG WITH THE
ACTING PURCHASING AGENT, HAS RECOMMENDED THAT THE TOWN AWARD THE BID FOR THE
SODIUM HYPOCHLORITE TO SURPASS CHEMICAL COMPANY, INc., THE LOWEST BIDDER MEETING ALL
REQUIREMENTS SPECIFIED IN BID SPECIFICATIONNo.: 02-09,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AWARDS THE BID FOR SODIUM
HYPOCHLORITE TO SURPASS CHEMICAL COMPANY, INc., FOR THE AMOUNT OF $ .405 PER GALLON
DELIVERED FOR APPROXIMATELY 26,000 GALLONS OF SODIUM HYPOCHLORITE, WITH PAYMENT TO BE
FROM THE APPROPRIATE WATER DEPARTMENT ACCOUNT, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD AUTHORIZES AND DIRECTS THE WATER
SUPERINTENDENT TO TAKE ANY ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS
RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
NOES
NONE
ABSENT:
NONE
RESOLUTION ACCEPTING BID FOR SALE OF USED
JOHN DEERE RIDING LAWN MOWER
RESOLUTION NO.: 45,2003
Organizational Meeting, 01-06-2003, Mtg #1
484
INTRODUCED BY: MR. TIM BREWER
WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. THEODORE TuRNER
WHEREAS, IN ACCORDANCE WITH TOWN BOARD RESOLUTION No.: 492,2002, THE TOWN
CLERK DULY ADVERTISED FOR THE SALE OF A 1985 JOHN DEERE RIDING LAWN MOWER WITH
ATTACHMENTS FORMERLY USED BY THE TOWN'S BUILDING AND GROUNDS DEPARTMENT, AND
WHEREAS, ALLEN WOOD OF SCHUYLERVILLE, NEW YORK SUBMITTED THE HIGHEST BID
FOR THE PURCHASE OF THE LAWN MOWER, AND
WHEREAS, THE FACILITIES MANAGER HAS RECOMMENDED THAT THE TOWN BOARD
ACCEPT THE BID OF MR. WOOD,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY ACCEPTS THE BID FOR THE
SALE OF A 1985 JOHN DEERE RIDING LAWN MOWER WITH ATTACHMENTS FORMERLY USED BY THE
TOWN'S BUILDING AND GROUNDS DEPARTMENT TO ALLEN WOOD OF SCHUYLERVILLE, NEW YORK
FOR THE AMOUNT OF $901, WITH FUNDS RECEIVED FOR THE SALE OF THE LAWN MOWER TO BE
DEPOSITED INTO THE PROPER TOWN ACCOUNT, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR,
FACILITIES MANAGER AND/OR TOWN COMPTROLLER TO TAKE ANY AND ALL ACTION NECESSARY TO
EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR
NOES
NONE
ABSENT:
NONE
RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #4313 IN
CONNECTION WITH WARD 4 REHABILITATION PROGRAM
RESOLUTION NO.: 46,2003
Organizational Meeting, 01-06-2003, Mtg #1
485
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, THE TOWN OF QUEENSBURY HAS ESTABLISHED A HOUSING REHABILITATION
PROGRAM WHICH PROVIDES GRANTS TO COVER 100% OF THE COST OF REHABILITATION UP TO A
MAXIMUM OF $20,000, AND
WHEREAS, a single family property, Case File No.: 4313, has been determined to be
eligible for rehabilitation grant assistance and the owner of the property has requested such
assistance, and
WHEREAS, property rehabilitation specifications have been provided to three (3) qualified
contractors for bid, and
WHEREAS, the low bid cost to complete the work specified is nineteen thousand five-
hundred dollars ($19,500), and
WHEREAS, SHELTER PLANNING & DEVELOPMENT, INC. HAS OVERSEEN THE GRANT
PROCESS AND HAS VERIFIED THAT IT HAS BEEN FOLLOWED IN THIS CASE AND RECOMMENDS
APPROVING THIS GRANT,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.:
4313 in the Town of Queensbury, New York in the amount not to exceed nineteen thousand five-
hundred dollars ($19,500) and authorizes and directs either the Town Supervisor or Town Senior
Planner to execute a Grant Award Agreement and take such other and further action as may be
necessary to effectuate the terms of this Resolution.
DUL Y ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER
NOES
NONE
ABSENT
NONE
RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR
CASE FILE #4307 IN CONNECTION WITH
WARD 4 REHABILITATION PROGRAM
RESOLUTION NO.: 47,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
Organizational Meeting, 01-06-2003, Mtg #1
486
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 # 4307, HAS BEEN DETERMINED TO
BE ELIGIBLE FOR REHABILITATION GRANT ASSISTANCE AND THE OWNER OF THE PROPERTY HAS
REQUESTED SUCH ASSISTANCE, AND
WHEREAS, by Resolution 392,2002, the Queensbury Town Board approved a
rehabilitation grant in the amount of twenty-thousand five-hundred twenty-one dollars and sixty
cents ($20,521.60) for Case File #4307, and
WHEREAS, property rehabilitation specifications have been revised to include additional
work, and
WHEREAS, the revised cost to complete the work specified is twenty-one thousand one-
hundred one dollars and sixty cents ($21,101. 60) 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
#4307, Queensbury, New York, in the amount not to exceed twenty-one thousand one-hundred
one dollars and sixty cents ($21,101.60) 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.
DUL Y ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC
NOES
NONE
ABSENT
NONE
RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR
CASE FILE #4310 IN CONNECTION WITH
WARD 4 REHABILITATION PROGRAM
RESOLUTION NO.: 48,2003
INTRODUCED BY: MR. TIM BREWER
Organizational Meeting, 01-06-2003, Mtg #1
487
WHO MOVED ITS ADOPTION
SECONDED BY: MR. THEODORE TURNER
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 # 4310, HAS BEEN DETERMINED TO
BE ELIGIBLE FOR REHABILITATION GRANT ASSISTANCE AND THE OWNER OF THE PROPERTY HAS
REQUESTED SUCH ASSISTANCE, AND
WHEREAS, by Resolution 418,2002, the Queensbury Town Board approved a
rehabilitation grant in the amount of eighteen-thousand five-hundred twenty-four dollars
($18,524) for Case File #4310, and
WHEREAS, property rehabilitation specifications have been revised to include additional
work, and
WHEREAS, the revised cost to complete the work specified is twenty-two thousand
three-hundred ninety-nine dollars ($22,399) 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
#4310, Queensbury, New York, in the amount not to exceed twenty-two thousand three-hundred
ninety-nine dollars ($22,399) 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.
DUL Y ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
ABSENT
NONE
RESOLUTION REAPPOINTING MEMBERS TO
OPEN SPACE PLAN COMMITTEE
RESOLUTION NO.: 49,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED FOR ITS ADOPTION
Organizational Meeting, 01-06-2003, Mtg #1
488
SECONDED BY: MR. THEODORE TuRNER
WHEREAS, THE QUEENSBURY TOWN BOARD PREVIOUSLY ESTABLISHED AND APPOINTED
MEMBERS TO ITS OPEN SPACE PLAN COMMITTEE TO ASSIST IN DEVELOPING THE TOWN'S OPEN
SPACE PLAN, AND
WHEREAS, the Town Board wishes to reappoint members to the Open Space
Plan Committee,
NOW, THEREFORE BE IT
RESOLVED, THAT THE QUEENSBURY ToWN BOARD HEREBY REAPPOINTS THE
FOLLOWING MEMBERS TO ITS OPEN SPACE PLAN COMMITTEE:
JAMES UNDERWOOD;
DEBORAH ROBERTS;
JOHN STROUGH;
CATHERINE LABOMBARD;
CHARLES H. MAINE;
LINCOLN CATHERS;
BARBARA SWEET;
ALEX M. HALL;
LARRY EICHLER
AND
BE IT FURTHER,
RESOLVED, THAT THE QUEENSBURY ToWN BOARD HEREBY APPOINTS AS AN Ex OFFICIO
MEMBER TO ITS OPEN SPACE PLAN COMMITTEE:
LEON M. STEVES.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
NOES
NONE
ABSENT
NONE
Organizational Meeting, 01-06-2003, Mtg #1
489
RESOLUTION AUTHORIZING COOL INSURING AGENCY, INC.
TO PURCHASE TOWN INSURANCE COVERAGES
RESOLUTION NO.: 50,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY:
MR. DANIEL STEC
WHEREAS, COOL INSURING AGENCY, INc. (COOL) IS THE TOWN OF QUEENSBURY'S
GENERAL INSURANCE AGENT, AND
WHEREAS, COOL SOLICITED PROPOSALS FROM INSURANCE COMPANIES FOR THE TOWN'S
INSURANCE COVERAGE FOR 2003, AND
WHEREAS, COOL HAS SUBMITTED THE PROPOSALS TO THE TOWN COMPTROLLER AND HAS
RECOMMENDED THAT THE TOWN AUTHORIZE ARGONANT COMPANIES (RATED A-, A AND A+ BY AM
BEST) AND TRAVELERS PROPERTY CASUALTY GROUP (RATED A++) TO WRITE THE TOWN POLICIES
AND DIAMOND STATE (RATED A+) TO WRITE THE TOWN'S PUBLIC OFFICIALS LIABILITY POLICY, AND
WHEREAS, THE TOWN COMPTROLLER CONCURS WITH COOL'S RECOMMENDATIONS AND
PROPOSES THAT THE TOWN BOARD AUTHORIZE COOL TO PURCHASE THE INSURANCE COVERAGES AS
SET FORTH IN THE PREMIUM COMPARISON EFFECTIVE JANUARY 1sT, 2003 ATTACHED TO THE
COMPTROLLER'S DECEMBER 26TH, 2002 MEMORANDUM ATTACHED TO THIS RESOLUTION,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND RATIFIES
COOL INSURING AGENCY, INC.'S PURCHASE OF TOWN OF QUEENSBURY'S INSURANCE COVERAGES
EFFECTIVE JANUARY 1sT, 2003 AS DELINEATED ABOVE AND IN THE TOWN COMPTROLLER'S
DECEMBER 26TH, 2002 MEMORANDUM AND COOL'S PREMIUM COMPARISON ATTACHED TO THIS
RESOLUTION, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
COMPTROLLER AND/OR TOWN SUPERVISOR TO EXECUTE ANY DOCUMENTATION AND TAKE ANY
ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR
Organizational Meeting, 01-06-2003, Mtg #1
490
NOES NONE
ABSENT: NONE
RESOLUTION AUTHORIZING ALLOCATION OF SPACE OF TOWN BUILDING LOCATED
AT 195 SUNNYUSIDE ROAD TO TOWN HISOTRIAN AND AUTHORIZING AGREEMENT
WITH WARREN COUNTY HISTORICAL SOCIETY REGARDING ALLOCATION OF SPACE
AT 195 SUNNYSIDE ROAD
RESOLUTION NO. 51.2003
RESOLUTION PULLED
INTRODUCED BY: MR. ROGER BOOR WHO MOVED FOR IT'S ADOPTION
SECONCED BY: MR. DENNIS BROWER
DISCUSSION HELD BEFORE VOTE: COUNCILMAN TURNER-WOULD LIKE TO PULL THE RESOLUTION
SO WE CAN TALK TO THE PARTIES INVOLVED IN A WORKSHOP. COUNCILMAN BOOR-I FEEL BAD FOR
MARILYN I THINK IT IS A PERFECT MARRIAGE BECAUSE OF THE LOCATION AND THE FACT I WOULD HATE TO
THINK THE ONLY THING WE USE IT FOR IS VOTING AND IT SITS IDLE. I THINK CHUCK RICE WOULD LIKE A
PORTION OF IT AND I THINK DARLEEN WOULD LIKE TO STORE THE VOTING MACHINES THERE AND I THINK
THE HISTORIAN WOULD VERY MUCH LIKE TO BE LOCATED THERE. As FAR AS A VOTING PLACE WE HAVE A
MULTI MILLION DOLLAR FIRE HOUSE AND I KNOW I HAVE GOTTEN SEVERAL PHONE CALLS AND LETTERS
FROM PEOPLE WHO WANT TO KNOW WHY THEY CANNOT VOTE THERE. IT PUTS TOGETHER BOTH WARREN
COUNTY AND QUEENSBURY AND CONSOLIDATES WHERE WE STORE OUR HISTORICAL DATA, IT PROVIDES A
GREAT OPPORTUNITY. SUPERVISOR BROWER-COUNCILMAN TURNER WHO WOULD YOU LIKE TO COME TO
THE WORKSHOP? COUNCILMAN TURNER-THOSE THAT ARE GOING TO OCCUPY THE BUILDING.
COUNICLMAN BREWER-COMMENTED THAT WE SHOULD HAVE A PLAN FOR THE BUILDING USE. SUPERVISOR
BROWER-REQUESTED THAT THE WORKSHOP BE ON MONDAY. DR. VANDYKE-TOWN HISTORIAN AND
EXECUTIVE DIRECTOR OF THE WARREN CO. HISTORICAL SOCIETY, THE SOCIETY HAS A YEAR BY YEAR
LEASE AT 71 LAWRENCE STREET, WHICH EXPIRES ON MARCH 14H 2003. NOTED THAT THE SOCIETY
WILL HAVE TO SPEAK TO THE LANDLORD FOR AN EXTENSION OF THE LEAASE TO ALLOW FOR THE 60 DAY
NOTICE...CONSENSUS OF THE BOARD TO PULL THE RESOLUTION. SUPERVISOR BROWER-SUGGESTED THAT
A WORKSHOP BE HELD ON THURSDAY NIGHT AT 7:00 P.M. THE RESOLUTION AVAILABLE TO BE VOTE ON
THURSDAY EVENING.
RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR OF
COMMUNITY DEVELOPMENT AND PLANNING BOARD CHAIRMAN
TO ATTEND 2003 AMERICAN PLANNING ASSOCIATION
CONFERENCE
RESOLUTION NO.: 51,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, THE TOWN OF QUEENSBURY EXECUTIVE DIRECTOR OF COMMUNITY
DEVELOPMENT AND PLANNING BOARD CHAIRMAN HAVE REQUESTED TOWN BOARD
Organizational Meeting, 01-06-2003, Mtg #1
491
AUTHORIZATION TO ATTEND THE 2003 AMERICAN PLANNING ASSOCIATION (AP A) NATIONAL
PLANNING CONFERENCE, AND
WHEREAS, THE QUEENSBURY TOWN BOARD PREVIOUSLY AUTHORIZED ALLOCATION OF
FUNDS FOR CONFERENCE EXPENSES WITHIN THE PLANNING DEPARTMENT'S BUDGET, AND
WHEREAS, IN ACCORDANCE WITH TOWN POLICY THE QUEENSBURY TOWN BOARD MUST
AUTHORIZE OUT -OF -STATE TRAVEL BY TOWN EMPLOYEES,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES THE
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AND THE PLANNING BOARD CHAIRMAN TO
ATTEND THE 2003 AMERICAN PLANNING ASSOCIATION CONFERENCE TO BE HELD IN DENVER, CO
FROM MARCH 29TH THROUGH APRIL 2ND, 2003, AND
BE IT FURTHER,
RESOLVED, THAT ALL NECESSARY AND REASONABLE EXPENSES INCURRED AT THE
CONFERENCE ARE PROPER TOWN CHARGES AND THAT ALL EXPENSES SHALL BE PAID FOR FROM THE
APPROPRIATE TOWN ACCOUNT.
DUL Y ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING REPAIRS TO CAT GRADER IN TOWN
HIGHWAY DEPARTMENT
RESOLUTION NO.: 52,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. TIM BREWER
Organizational Meeting, 01-06-2003, Mtg #1
492
WHEREAS, THE QUEENSBURY TOWN BOARD PREVIOUSLY ADOPTED PURCHASING
PROCEDURES WHICH REQUIRE THAT THE TOWN BOARD MUST APPROVE ANY PURCHASE IN AN AMOUNT
OF $5,000 OR GREATER UP TO NEW YORK STATE BIDDING LIMITS, AND
WHEREAS, THE TOWN HIGHWAY SUPERINTENDENT HAS ADVISED THE TOWN BOARD THAT
A CAT GRADER IN THE HIGHWAY DEPARTMENT IS IN NEED OF IMMEDIATE REPAIR FOR SNOW
CLEARING PURPOSES AND THEREFORE THE REPAIRS ARE NEEDED ON AN EMERGENCY BASIS, AND
WHEREAS, THE HIGHWAY SUPERINTENDENT HAS OBTAINED PROPOSALS FOR THE REPAIRS
AND HAS REQUESTED TOWN BOARD APPROVAL TO OBTAIN THE MATERIALS AND REPAIR SERVICES
FROM SOUTHWORTH EQUIPMENT FOR AN AMOUNT NOT TO EXCEED $9,695,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE HIGHWAY
SUPERINTENDENT OBTAINING THE MATERIALS FROM AND ENGAGING THE SERVICES OF SOUTHWORTH
EQUIPMENT TO MAKE THE NECESSARY EMERGENCY REPAIRS TO A CAT GRADER IN THE HIGHWAY
DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $9,695 TO BE PAID FOR FROM ACCOUNT No.: 04-
5130-4110 - 2002 APPROPRIATIONS, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD AUTHORIZES A 2002 BUDGET AMENDMENT AND
TRANSFER OF $3,000 FROM ACCOUNT No.: 004-5130-4200 TO ACCOUNT No.: 004-5130-4110, AND
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE HIGHWAY
SUPERINTENDENT, TOWN COMPTROLLER AND/OR TOWN SUPERVISOR TO TAKE SUCH OTHER AND
FURTHER ACTION AS MAY BE NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC
NOES
NONE
ABSENT:
NONE
RESOLUTION TO AMEND 2002 BUDGET
RESOLUTION NO.: 53,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
Organizational Meeting, 01-06-2003, Mtg #1
493
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE ATTACHED BUDGET AMENDMENT REQUESTS HAVE BEEN DULY INITIATED
AND JUSTIFIED AND ARE DEEMED COMPLIANT WITH TOWN OPERATING PROCEDURES AND
ACCOUNTING PRACTICES BY THE TOWN COMPTROLLER,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE
TOWN COMPTROLLER'S OFFICE TO TAKE ALL ACTION NECESSARY TO TRANSFER FUNDS AND AMEND
THE 2002 TOWN BUDGET AS FOLLOWS:
BUILDING AND CODES:
FROM:
TO:
$ AMOUNT:
01-3620-1060
(CLERK - FULL- TIME)
01-3620-4155
(TEMP. CONT. SERVICES)
2,400.
TOWN COUNSEL:
FROM:
TO:
$ AMOUNT:
01-1990-4400
(CONTINGENCY)
01-1420-4130
(COUNSEL FEES)
8,000.
WASTEWATER:
FROM:
TO: $ AMOUNT:
034-8110-4130
(TOWN COUNSEL FEES)
034-8130-4425 500.
(SEWAGE TREATMENT -GF)
034-8120-4300
(ELECTRICITY)
034-8130-4425 500.
(SEWAGE TREATMENT -GF)
034-8120-4520
(ODOR CONTROL)
034-8130-4425 1,360.
(SEWAGE TREATMENT -GF)
034-8120-4800
(EQUIP. REPAIRS)
034-8130-4425 1,390.
(SEWAGE TREATMENT -GF)
135-1990-4417
(S. QBY. CONTINGENCY)
135-8150-2899 1,200.
(CAPITAL CONSTRUCTION)
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
Organizational Meeting, 01-06-2003, Mtg #1
494
ABSENT: NONE
Discussion held before vote: Councilman Stec-Regarding budget amendment for Counsel did
we run over? Town Counsel Hafner-Noted that was on the litigation side.
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
NEW YORK STATE FOR "LAKE GEORGE - PLAN FOR THE FUTURE"
GRANT FUNDS AND ESTABLISHING APPROPRIATIONS AND
ESTIMATED REVENUES FOR GRANT FUNDS
RESOLUTION NO.: 54,2003
INTRODUCED BY: MR. DANIEL STEC
WHO MOVED ITS ADOPTION
SECONDED BY: MR. ROGER BOOR
WHEREAS, THE TOWN OF QUEENSBURY HAS RECEIVED $315,000 IN MATCHING GRANT
FUNDS FROM NEW YORK STATE FOR IMPLEMENTATION OF THE "LAKE GEORGE - PLAN FOR THE
FUTURE" DOCUMENT WHICH UPDATES THE 1987 DOCUMENT ENTITLED "THE PLAN FOR THE FUTURE
OF THE LAKE GEORGE PARK," AND
WHEREAS, A LOCAL "MATCH" TO THE $315,000 GRANT AWARDED BY THE STATE IS
REQUIRED, SUCH MATCH TO COME IN THE FORM OF MAINLY IN-KIND SERVICES WITH A SMALL PORTION
BEING MATCHED BY CASH CONTRIBUTIONS FROM LOCAL MUNICIPALITIES AND/OR OTHER
ASSOCIATIONS OF NON-PROFIT ORGANIZATIONS, IN THIS CASE, SUCH CONTRIBUTIONS FROM NINE (9)
MUNICIPALITIES AND/OR ASSOCIATIONS BEING IN THE AMOUNT OF $7,000 EACH FOR A CASH
CONTRIBUTION OF $63,000, AND
WHEREAS, THE TOWN BOARD WISHES TO AUTHORIZE EXECUTION OF THE GRANT
AGREEMENT WITH NEW YORK STATE AND ESTABLISH APPROPRIATIONS AND ESTIMATED REVENUES
FOR THE $315,000 GRANT AWARD PLUS AN ADDITIONAL $7,000 TO BE CONTRIBUTED BY THE TOWN,
AND
WHEREAS, A COPY OF THE PROPOSED GRANT AGREEMENT HAS BEEN PRESENTED AT THIS
MEETING,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY ACCEPTS THE $315,000 IN
MATCHING GRANT FUNDS RECEIVED FROM NEW YORK STATE FOR IMPLEMENTATION OF THE "LAKE
GEORGE - PLAN FOR THE FUTURE" PROGRAM AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR
Organizational Meeting, 01-06-2003, Mtg #1
495
TO EXECUTE THE GRANT AGREEMENT, IN A FORM TO BE ACCEPTABLE TO TOWN COUNSEL, THE TOWN
SUPERVISOR AND THE TOWN COMPTROLLER AND ANY OTHER ASSOCIATED DOCUMENTATION AND
TAKE ANY OTHER ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER ESTABLISHES APPROPRIATIONS AND
ESTIMATED REVENUES IN THE AMOUNT OF $378,000 ($315,000 FOR GRANT FUNDS TO BE RECEIVED,
$7,000 IN FUNDS TO BE CONTRIBUTED BY THE TOWN AND $56,000 TO BE CONTRIBUTED FROM OTHER
MUNICIPALITIES AND/OR ASSOCIATIONS), SUCH APPROPRIATIONS AND ESTIMATED REVENUES TO BE
RECORDED IN ACCOUNTS TO BE DETERMINED BY THE TOWN COMPTROLLER'S OFFICE, 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.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
NOES
NONE
ABSENT:
NONE
DISCUSSION HELD BEFORE VOTE: SUPERVISOR BROWER-THIS IS A GRANT FOR $315,000 THAT THE
LAKE GEORGE WATERSHED CONFERENCE APPLIED FOR ON BEHALF OF THE TOWN OF QUEENSBURY,
THE TOWN WILL PAY $7,000 AS PART OF THE MATCH ALONG WITH EVERY OTHER COMMUNITY ON THE
LAKE WILL ALSO PAY $7.000 AS WELL AS IN KIND SERVICES TO MAKE THE 315,000 DOLLARS THAT IS
PROVIDED BY THE STATE FOR REMEDIATION OF A NUMBER OF FACTORS ON LAKE GEORGE. MR.
DAVID DECKER-DIRECTOR OF THE LAKE GEORGE WATERSHED CONFERENCE. REpORT ANNuALLY TO
ALL THE TOWNS. . . ON THE ACTIVITIES ON THE CONFERNECE AND VARIOUS PROGRAMS. NOTED THIS IS
THE THIRD GRANT, THE FIRST ONE TO THE TOWN OF LAKE GEORGE, LAST YEARS TO THE TOWN OF
BOLTON. SPOKE TO THE BOARD ON OUT OF POCKET EXPENSES. . . SUCH AS THE PURCHASE OF A HYDRO
SEEDER USED BY MANY MUNICIPALITIES. . .
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND DAVID J. DECKER, P.E. & ASSOCIATES FOR
PROVISION OF PROGRAM AND PROJECT MANAGEMENT SERVICES
RELATED TO "LAKE GEORGE - PLAN FOR THE FUTURE" GRANT
FUNDS RECEIVED BY THE TOWN OF QUEENSBURY
RESOLUTION NO.: 55,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
Organizational Meeting, 01-06-2003, Mtg #1
496
SECONDED BY: MR. ROGER BOOR
WHEREAS, BY PREVIOUS RESOLUTION THE QUEENSBURY TOWN BOARD ACCEPTED AND
ESTABLISHED APPROPRIATIONS AND ESTIMATED REVENUES IN THE TOTAL AMOUNT OF $378,000 FOR
"LAKE GEORGE - PLAN FOR THE FUTURE" GRANT FUNDS, AND
WHEREAS, THE TOWN BOARD WISHES TO AUTHORIZE ENGAGEMENT OF DAVID 1. DECKER,
P.E. & ASSOCIATES FOR THE PROVISION OF PROGRAM AND PROJECT MANAGEMENT SERVICES
RELATED TO SUCH FUNDS, AND
WHEREAS, A COPY OF A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING
AND IS IN FORM APPROVED BY TOWN COUNSEL,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT
WITH DAVID 1. DECKER, P.E. & ASSOCIATES SUBSTANTIALLY IN THE FORM PRESENTED AT THIS
MEETING FOR THE PROVISION OF PROGRAM AND PROJECT MANAGEMENT SERVICES RELATING TO THE
"LAKE GEORGE - PLAN FOR THE FUTURE" GRANT FUNDS RECEIVED BY THE TOWN, AND
BE IT FURTHER,
RESOLVED, THAT THE FEES PAID DAVID 1. DECKER, P.E. & ASSOCIATES, FOR RENDERING
12 MONTHS WORTH OF PROGRAM MANAGEMENT SERVICES SHALL BE $81,000, NOT TO INCLUDE OUT-
OF-POCKET EXPENSES AS DELINEATED IN THE ATTACHED AGREEMENT, SUCH SERVICES TO PAID FROM
THE GRANT FUNDS RECEIVED BY THE TOWN AND TO BE PAID FOR FROM THE APPROPRIATE ACCOUNT
AS DETERMINED BY THE TOWN COMPTROLLER, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR TO SIGN THE AGREEMENT AND FURTHER AUTHORIZES AND DIRECTS THE TOWN
SUPERVISOR AND/OR TOWN COMPTROLLER TO TAKE SUCH OTHER AND FURTHER ACTION NECESSARY
TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
NOES
MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR
NONE
Organizational Meeting, 01-06-2003, Mtg #1
497
ABSENT: NONE
RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT WEST
MOUNTAIN SKI CENTER ON JANUARY 18,2003
RESOLUTION NO.: 56,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, ALONZO FIREWORKS DISPLAY, INc., ON BEHALF OF WEST ENTERPRISES, HAS
REQUESTED PERMISSION TO CONDUCT A FIREWORKS DISPLAY AS FOLLOWS:
SPONSOR: WEST ENTERPRISES
PLACE: WEST MOUNTAIN SKI CENTER
DATE: SATURDAY, JANUARY 18,2003
TIME: 9:30 P.M. (APPROX.)
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE
TOWN CLERK, IN ACCORDANCE WITH NEW YORK STATE PENAL LAW M05, TO ISSUE A FIREWORKS
PERMIT TO ALONZO FIREWORKS DISPLAY, INc., ON BEHALF OF WEST ENTERPRISES, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. AN APPLICATION FOR PERMIT BE FILED WHICH SETS FORTH:
A. THE NAME OF THE BODY SPONSORING THE DISPLAY AND THE NAMES OF THE
PERSONS ACTUALLY TO BE IN CHARGE OF THE FIRING OF THE DISPLAY.
B. THE DATE AND TIME OF DAY AT WHICH THE DISPLAY IS TO BE HELD.
C. THE EXACT LOCATION PLANNED FOR THE DISPLAY.
D. THE AGE, EXPERIENCE AND PHYSICAL CHARACTERISTICS OF THE PERSONS WHO
ARE TO DO THE ACTUAL DISCHARGING OF THE FIREWORKS.
E. THE NUMBER AND KIND OF FIREWORKS TO BE DISCHARGED.
Organizational Meeting, 01-06-2003, Mtg #1
498
F. THE MANNER AND PLACE OF STORAGE OF SUCH FIREWORKS PRIOR TO THE
DISPLAY.
G. A DIAGRAM OF THE GROUNDS ON WHICH THE DISPLAY IS TO BE HELD SHOWING
THE POINT AT WHICH THE FIREWORKS ARE TO BE DISCHARGED, THE LOCATION OF
ALL BUILDINGS, HIGHWAYS, AND OTHER LINES OF COMMUNICATION, THE LINES
BEHIND WHICH THE AUDIENCE WILL BE RESTRAINED AND THE LOCATION OF ALL
NEARBY TREES, TELEGRAPH OR TELEPHONE LINES OR OTHER OVERHEAD
OBSTRUCTIONS.
2. PROOF OF INSURANCE BE RECEIVED WHICH DEMONSTRATES INSURANCE COVERAGE
THROUGH AN INSURANCE COMPANY LICENSED IN THE STATE OF NEW YORK, AND THAT
THE TOWN OF QUEENSBURY IS NAMED AS AN ADDITIONAL INSURED AND THAT THE
INSURANCE COVERAGE CONTAIN A HOLD HARMLESS CLAUSE WHICH SHALL PROTECT THE
TOWN OF QUEENSBURY;
3. INSPECTIONS AND APPROVAL MUST BE MADE BY THE QUEENSBURY FIRE MARsHAL AND
THE CHIEF OF THE WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INc.,
4. CLEAN-UP OF THE AREA MUST BE COMPLETED BY 10:00 A.M., THE FOLLOWING DAY, AND
ALL DEBRIS MUST BE CLEANED UP INCLUDING ALL UNEXPLODED SHELLS, AND
BE IT FURTHER,
RESOLVED, THAT THE PERMIT OR LETTER OF AUTHORIZATION BY THE TOWN CLERK SHALL,
IN ACCORDANCE WITH NEW YORK STATE PENAL LAW 9405, PROVIDE:
THE ACTUAL POINT AT WHICH THE FIREWORKS ARE TO BE FIRED SHALL BE AT LEAST
TWO HUNDRED FEET FROM THE NEAREST PERMANENT BUILDING, PUBLIC HIGHWAY OR
RAILROAD OR OTHER MEANS OF TRAVEL AND AT LEAST FIFTY FEET FROM THE
NEAREST ABOVE GROUND TELEPHONE OR TELEGRAPH LINE, TREE OR OTHER
OVERHEAD OBSTRUCTION, THAT THE AUDIENCE AT SUCH DISPLAY SHALL BE
RESTRAINED BEHIND LINES AT LEAST ONE HUNDRED AND FIFTY FEET FROM THE POINT
AT WHICH THE FIREWORKS ARE DISCHARGED AND ONLY PERSONS IN ACTIVE CHARGE
OF THE DISPLAY SHALL BE ALLOWED INSIDE THESE LINES, THAT ALL FIREWORKS THAT
FIRE A PROJECTILE SHALL BE SO SET UP THAT THE PROJECTILE WILL GO INTO THE AIR
AS NEARBY (NEARLY) AS POSSIBLE IN A VERTICAL DIRECTION, UNLESS SUCH
FIREWORKS ARE TO BE FIRED FROM THE SHORE OF A LAKE OR OTHER LARGE BODY OF
WATER, WHEN THEY MAYBE DIRECTED IN SUCH MANNER THAT THE FALLING RESIDUE
FROM THE DEFLAGRATION WILL FALL INTO SUCH LAKE OR BODY OF WATER, THAT ANY
FIREWORKS THAT REMAIN UNFIRED AFTER THE DISPLAY IS CONCLUDED SHALL BE
IMMEDIATELY DISPOSED OF IN A WAY SAFE FOR THE PARTICULAR TYPE OF FIREWORKS
Organizational Meeting, 01-06-2003, Mtg #1
499
REMAINING, THAT NO FIREWORKS DISPLAY SHALL BE HELD DURING ANY WIND STORM
IN WHICH THE WIND REACHES A VELOCITY OF MORE THAN THIRTY MILES PER HOUR,
THAT ALL THE PERSONS IN ACTUAL CHARGE OF FIRING THE FIREWORKS SHALL BE
OVER THE AGE OF EIGHTEEN YEARS, COMPETENT AND PHYSICALLY FIT FOR THE TASK,
THAT THERE SHALL BE AT LEAST TWO SUCH OPERATORS CONSTANTLY ON DUTY
DURING THE DISCHARGE AND THAT AT LEAST TWO SODA-ACID OR OTHER APPROVED
TYPE FIRE EXTINGUISHER OF AT LEAST TWO AND ONE-HALF GALLONS CAPACITY EACH
SHALL BE KEPT AT AS WIDELY SEPARATED POINTS AS POSSIBLE WITHIN THE ACTUAL
AREA OF THE DISPLAY.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER
NOES
NONE
ABSENT:
NONE
RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT HILAND
GOLF COURSE ON JANUARY 18,2003
RESOLUTION NO.: 57,2003
INTRODUCED BY: MR. THEODORE TuRNER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. TIM BREWER
WHEREAS, FANTASY FIREWORKS ON BEHALF OF MR. ERIC RIVERA HAS REQUESTED
PERMISSION TO CONDUCT A FIREWORKS DISPLAY AS FOLLOWS:
SPONSOR: ERIC RIVERA
PLACE: HILAND GoLF COURSE
DATE: SATURDAY, JANUARY 18,2003
TIME: 6:00 P.M. (APPROX.)
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE
TOWN CLERK, IN ACCORDANCE WITH NEW YORK STATE PENAL LAW M05, TO ISSUE A FIREWORKS
PERMIT TO FANTASY FIREWORKS ON BEHALF OF ERIC RIVERA SUBJECT TO THE FOLLOWING
CONDITIONS:
2. AN APPLICATION FOR PERMIT BE FILED WHICH SETS FORTH:
Organizational Meeting, 01-06-2003, Mtg #1
500
H. THE NAME OF THE BODY SPONSORING THE DISPLAY AND THE NAMES OF THE
PERSONS ACTUALLY TO BE IN CHARGE OF THE FIRING OF THE DISPLAY.
I. THE DATE AND TIME OF DAY AT WHICH THE DISPLAY IS TO BE HELD.
1. THE EXACT LOCATION PLANNED FOR THE DISPLAY.
K. THE AGE, EXPERIENCE AND PHYSICAL CHARACTERISTICS OF THE PERSONS WHO
ARE TO DO THE ACTUAL DISCHARGING OF THE FIREWORKS.
L. THE NUMBER AND KIND OF FIREWORKS TO BE DISCHARGED.
M. THE MANNER AND PLACE OF STORAGE OF SUCH FIREWORKS PRIOR TO THE
DISPLAY.
N. A DIAGRAM OF THE GROUNDS ON WHICH THE DISPLAY IS TO BE HELD SHOWING
THE POINT AT WHICH THE FIREWORKS ARE TO BE DISCHARGED, THE LOCATION OF
ALL BUILDINGS, HIGHWAYS, AND OTHER LINES OF COMMUNICATION, THE LINES
BEHIND WHICH THE AUDIENCE WILL BE RESTRAINED AND THE LOCATION OF ALL
NEARBY TREES, TELEGRAPH OR TELEPHONE LINES OR OTHER OVERHEAD
OBSTRUCTIONS.
3. PROOF OF INSURANCE BE RECEIVED WHICH DEMONSTRATES INSURANCE COVERAGE
THROUGH AN INSURANCE COMPANY LICENSED IN THE STATE OF NEW YORK, AND THAT
THE TOWN OF QUEENSBURY IS NAMED AS AN ADDITIONAL INSURED AND THAT THE
INSURANCE COVERAGE CONTAIN A HOLD HARMLESS CLAUSE WHICH SHALL PROTECT THE
TOWN OF QUEENSBURY;
5. INSPECTIONS AND APPROVAL MUST BE MADE BY THE QUEENSBURY FIRE MARsHAL AND
THE CHIEF OF THE BAY RIDGE VOLUNTEER FIRE COMPANY, INc.,
6. CLEAN-UP OF THE AREA MUST BE COMPLETED BY 10:00 A.M., THE FOLLOWING DAY, AND
ALL DEBRIS MUST BE CLEANED UP INCLUDING ALL UNEXPLODED SHELLS, AND
BE IT FURTHER,
RESOLVED, THAT THE PERMIT OR LETTER OF AUTHORIZATION BY THE TOWN CLERK SHALL,
IN ACCORDANCE WITH NEW YORK STATE PENAL LAW 9405, PROVIDE:
THE ACTUAL POINT AT WHICH THE FIREWORKS ARE TO BE FIRED SHALL BE AT LEAST
TWO HUNDRED FEET FROM THE NEAREST PERMANENT BUILDING, PUBLIC HIGHWAY OR
Organizational Meeting, 01-06-2003, Mtg #1
501
RAILROAD OR OTHER MEANS OF TRAVEL AND AT LEAST FIFTY FEET FROM THE
NEAREST ABOVE GROUND TELEPHONE OR TELEGRAPH LINE, TREE OR OTHER
OVERHEAD OBSTRUCTION, THAT THE AUDIENCE AT SUCH DISPLAY SHALL BE
RESTRAINED BEHIND LINES AT LEAST ONE HUNDRED AND FIFTY FEET FROM THE POINT
AT WHICH THE FIREWORKS ARE DISCHARGED AND ONLY PERSONS IN ACTIVE CHARGE
OF THE DISPLAY SHALL BE ALLOWED INSIDE THESE LINES, THAT ALL FIREWORKS THAT
FIRE A PROJECTILE SHALL BE SO SET UP THAT THE PROJECTILE WILL GO INTO THE AIR
AS NEARBY (NEARLY) AS POSSIBLE IN A VERTICAL DIRECTION, UNLESS SUCH
FIREWORKS ARE TO BE FIRED FROM THE SHORE OF A LAKE OR OTHER LARGE BODY OF
WATER, WHEN THEY MAYBE DIRECTED IN SUCH MANNER THAT THE FALLING RESIDUE
FROM THE DEFLAGRATION WILL FALL INTO SUCH LAKE OR BODY OF WATER, THAT ANY
FIREWORKS THAT REMAIN UNFIRED AFTER THE DISPLAY IS CONCLUDED SHALL BE
IMMEDIATELY DISPOSED OF IN A WAY SAFE FOR THE PARTICULAR TYPE OF FIREWORKS
REMAINING, THAT NO FIREWORKS DISPLAY SHALL BE HELD DURING ANY WIND STORM
IN WHICH THE WIND REACHES A VELOCITY OF MORE THAN THIRTY MILES PER HOUR,
THAT ALL THE PERSONS IN ACTUAL CHARGE OF FIRING THE FIREWORKS SHALL BE
OVER THE AGE OF EIGHTEEN YEARS, COMPETENT AND PHYSICALLY FIT FOR THE TASK,
THAT THERE SHALL BE AT LEAST TWO SUCH OPERATORS CONSTANTLY ON DUTY
DURING THE DISCHARGE AND THAT AT LEAST TWO SODA-ACID OR OTHER APPROVED
TYPE FIRE EXTINGUISHER OF AT LEAST TWO AND ONE-HALF GALLONS CAPACITY EACH
SHALL BE KEPT AT AS WIDELY SEPARATED POINTS AS POSSIBLE WITHIN THE ACTUAL
AREA OF THE DISPLAY.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC
NOES
NONE
ABSENT:
NONE
7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE
FLOOR
RESOLUTION EXTENDING BID AWARD FOR LIQUID ALUM FOR USE
AT TOWN WATER TREATMENT PLANT FOR YEAR 2003
RESOLUTION NO. : 58,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
WHEREAS, BY RESOLUTION No.: 476, 2001, THE QUEENSBURY TOWN BOARD AWARDED
THE BID FOR PROVISION OF LIQUID ALUM TO THE TOWN'S WATER DEPARTMENT FOR THE YEAR 2002
Organizational Meeting, 01-06-2003, Mtg #1
502
TO HOLLAND COMPANY, INc., THE LOWEST BIDDER MEETING ALL REQUIREMENTS SPECIFIED IN BID
SPECIFICATION No.: 01-14, FOR THE AMOUNT OF $192 PER TON FOR APPROXIMATELY 125 DRY TONS,
AND
WHEREAS, IT WAS AN EXPRESS PROVISION IN THE TOWN'S BID SPECIFICATIONS THAT THE
TOWN COULD EXTEND THE BID AWARD FOR THE YEAR 2003 ON THE SAME EXACT TERMS AND PRICES
AS 2002, AND
WHEREAS, THE QUEENSBURY WATER DEPARTMENT AND HOLLAND COMPANY WISH TO
EXTEND THE 2002 BIDDING TERMS AND PRICES FOR PROVISION OF LIQUID ALUM TO THE WATER
DEPARTMENT THROUGH 2003,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND AGREES TO
HOLLAND COMPANY, INc., PROVIDING THE TOWN WATER DEPARTMENT WITH LIQUID ALUM DURING
2003 FOR THE AMOUNT OF $192 PER TON DELIVERED, WITH PAYMENT TO BE FROM THE APPROPRIATE
WATER DEPARTMENT ACCOUNT, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR,
ACTING PURCHASING AGENT, WATER SUPERINTENDENT AND/OR TOWN COMPTROLLER TO TAKE ANY
ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER
NOES
NONE
ABSENT:
NONE
RESOLUTION EXTENDING BID AWARD FOR LIGHT SODA ASH FOR
USE AT TOWN WATER TREATMENT PLANT FOR YEAR 2003
RESOLUTION NO.: 59,2003
INTRODUCED BY: MR. TIM BREWER
WHO MOVED ITS ADOPTION
SECONDED BY: MR. DANIEL STEC
Organizational Meeting, 01-06-2003, Mtg #1
503
WHEREAS, BY RESOLUTION No.: 58,2002, THE QUEENSBURY TOWN BOARD AWARDED
THE BID FOR PROVISION OF LIGHT SODA ASH TO THE TOWN'S WATER DEPARTMENT FOR THE YEAR
2002 TO ASTRO CHEMICALS, THE ONLY AND THEREFORE LOWEST BIDDER MEETING ALL
REQUIREMENTS SPECIFIED IN BID SPECIFICATION No.: 01-15, FOR THE AMOUNT OF $0.1158 PER
POUND DELIVERED FOR APPROXIMATEL Y 100 TONS, AND
WHEREAS, IT WAS AN EXPRESS PROVISION IN THE TOWN'S BID SPECIFICATIONS THAT THE
TOWN COULD EXTEND THE BID AWARD FOR THE YEAR 2003 ON THE SAME EXACT TERMS AND PRICES
AS 2002, AND
WHEREAS, THE QUEENSBURY WATER DEPARTMENT AND ASTRO CHEMICALS WISH TO
EXTEND THE 2002 BIDDING TERMS AND PRICES FOR PROVISION OF LIGHT SODA ASH TO THE WATER
DEPARTMENT THROUGH 2003,
NOW, THEREFORE, BE IT
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND AGREES TO
ASTRO CHEMICALS PROVIDING THE TOWN WATER DEPARTMENT WITH LIGHT SODA ASH DURING 2003
FOR THE AMOUNT OF $ 0.1158 PER POUND DELIVERED FOR APPROXIMATELY 100 TONS OF LIGHT SODA
ASH, WITH PAYMENT TO BE FROM THE APPROPRIATE WATER DEPARTMENT ACCOUNT, AND
BE IT FURTHER,
RESOLVED, THAT THE TOWN BOARD AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR,
ACTING PURCHASING AGENT, WATER SUPERINTENDENT AND/OR TOWN COMPTROLLER TO TAKE ANY
ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION.
DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE:
AYES
MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER
NOES
NONE
ABSENT:
NONE
8.0 TOWN BOARD DISCUSSIONS
Councilman Boor-No discussion
Councilman Turner-No discussion
Councilman Stec- Would like the consensus of the Board to direct the Comptrollers Office to do
whatever study needs to be done for a discussion and vote before September 1 st. on a rebate on
County Property Taxes with some of our surplus. Requested an Executive Session on
personnel matter.
Organizational Meeting, 01-06-2003, Mtg #1
504
Councilman Brewer-No discussion
Supervisor Brower-2002 was a productive year for the Town of Queensbury. We instituted our
Capital Improvement Plan to plan for present, short term and long term goals of the Town. The
Department Managers prioritized projects that came forward from the various department
managers, a ranking system was developed and people that were involved the managers felt that
the process was fair, they felt their project were rated fairly and prioritized properly and the
Town Board agreed with that assessment. That was a major undertaking and a major
accomplishment of this board. The fleet committee also met and made some significant
progress. We got vehicles that were listed as vehicles and not vehicles out of the system we
came up with eighty nine vehicles in the towns fleet that includes all highway equipment all
water equipment all sewer equipment all vehicles, eighty nine vehicles. The average age I
believe was 8.5 years but in fairness that did include a 1955 fire truck that the highway
department includes in their vehicle fleet. So, if that was,..Councilman Brewer didn't they take
that out... Supervisor Brower-When we did the evaluation it was in there and I think we have
updated that to ... in fairness it may change the average age of our fleet. We also, the Town was
successful in receiving the first low income housing grant ever for the Town of Queensbury.
The first recognition that we have problem areas, or not problem areas but people that lack the
means to provide adequate housing for themselves. It enable, the grant of four hundred thousand
dollars it will enable a number of families to improve their housing conditions, whether it be a
new roof, whether it be improved electrical power, new furnaces whatever it is an important
improvement to the town. At the same time we have extended our sewer planning and operation.
We are extending sewers on Queensbury Avenue, we are planning on sewers for Route 9, the
Bay Road Sewer District will be coming forward and of course, Main Street and Corinth Road
will be sewered in the near future. That is a significant step forward for the Town it is going to
encourage economic development not only industrial but also commercial activity in the Town.
We have seen new stores the Home Depot for example proposal come forward and move
forward to where we are starting to see light at the end of the tunnel now. I think that is going to
be a significant re-development for a plaza that has seen its better days and hopefully revitalizing
that plaza the Northway Plaza for the future. The Town Cemetery situation has improved I want
to recognize Rod Mosher retirement after over twenty five years of service to the Town of
Queensbury as its Superintendent of Cemeteries. Rod has done an outstanding job at the
Cemetery he is a minister as well and he just has a unique touch. The Cemetery Commission is
interviewing new potential candidates for that position and this week and last week they met and
determined who they wanted to interview. Hopefully a new Superintendent will be coming
forward. The Cemetery has provided challenges to the board over the years the Cemetery has
become a fulcrum for change, originally the Cemetery John Webster sold offwhat is now the
Northway Plaza for One hundred Thousand Dollars and with great foresight built the old half of
Town Hall that still exists without necessitating taxes to the average citizen of Queensbury. He
also purchased more land for development in the future with that income he derived by selling it
to a developer for expansion of a cemetery. This is well before Quaker Road was envisioned
Now or two years ago I think the Cemetery had a operating deficit of two hundred roughly fifty
six thousand dollars. Last year it was around two hundred fifty five thousand dollars and this
year with some changes in the way we hope the Cemetery will be able to operate we hope to
keep the deficit to around a hundred and fifty six thousand dollars. The Cemetery is important to
people in the Town of Queensbury it is also being challenged by the National Cemetery in
Saratoga where Veterans can now be buried free of charge in recognition of their military service
and veterans status. Certainly I would not deprive anyone of that opportunity but certainly it has
reduced the demand for some services at our Cemetery and yet I think it is still a very important
venue where the Town is now taking care of about ten or eleven different Cemeteries in the
Town of Queensbury much of which is maintenance keeping them mowed and in good order.
So, I am sure I have missed some highlights of the year 2002 but I do think we have made a
number of accomplishments that are going to be important to the Town in years to come. I want
to thank the Town Board for their time and effort and staff, the managers who without their
efforts the Town would not have progressed to where it is currently. The Town Managers have
taken leadership positions and moved projects within their departments forward. I am very
proud of them each and everyone of them and I want to thank them for their good work in 2002
and hopefully a renewed effort in 2003 to continue the progress we are making, I am very
pleased and that is all I have to say.
9.0 ATTORNEY MATTERS
Organizational Meeting, 01-06-2003, Mtg #1
505
NONE
10.0 EXECUTIVE SESSION
RESOLUTION CALLING FOR AN EXECTIVE SESSION
RESOLUTION NO. 60,2003
INTRODUCED BY: Mr. Daniel Stec 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 a personnel matter.
Duly adopted this 6th day of January, 2003 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
RESOLUTION ADJOURING EXECUTIVE SESSION AND ORGANIZATIONAL
MEETING
RESOLUTION NO. 61.2003
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 it
Executive Session and Organization Meeting.
Duly adopted this 6th day of January, 2003 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queens bury