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028.2009 RESOLUTION CORRECTING TERM DATES FOR MEMBERS OF THE TOWN OF QUEENSBURY’S PLANNING BOARD AND ZONING BOARD OF APPEALS RESOLUTION NO. 28, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, it has been determined that a series of errors were made in the appointment of various members of the Town of Queensbury’s Planning and Zoning Boards such that, these Boards are required by law to be set up so that each year one Member’s term expires and instead, on such Boards there are Members serving consecutive terms that will end at the same time and in other years no Member’s term will expire, and WHEREAS, New York State Case Law dating back to the 1890s suggests that when errors of this nature occur, the proper thing to do is to “make something of a genealogical chart of the appointments” to determine who is serving what terms, and WHEREAS, Town Planning Staff was able to create such a chronology for the Planning Board and based upon Planning Staff Notes and hiring Resolutions, the following chronology was determined: 1.Planning Board Member Tanya Bruno replaced former Planning Board Member Metivier who was appointed beginning in 2001 and whose term should thus have expired December 31, 2008. As such, Planning Board Member Bruno is in the seat that is now available for reappointment. 1 2.Planning Board Member Thomas Seguljic replaced Planning Board Member Strough, whose term expired December 31, 2002. Planning Board Member Seguljic was reappointed. Thus, Planning Board Member Seguljic’s term should be ending December 31, 2009. 3.Planning Board Member Thomas Ford replaced Planning Board Member Sanford, whose term expired December 31, 2010 and Planning Board Member Ford’s term should thus be expiring December 31, 2010. 4.Planning Board Member Gretchen Steffan replaced Planning Board Member Ringer, whose term expired December 31, 2004. Thus, when last appointed, Planning Board Member Steffan’s term should have been until December 31, 2011. 5.Planning Board Member Steven Traver replaced Planning Board Member Vollaro, whose term expires December 31, 2012, having served a previous term until 2005. Planning Board Member Traver’s current term should be ending December 31, 2012. 6.Planning Board Member Donald Sipp replaced Planning Board Member Goetz who, in turn, replaced Planning Board Member McEwan, whose term was from January 1, 2007 to December 31, 2013. Thus Planning Board Member Sipp’s term should be expiring December 31, 2013. 7.Planning Board Chairman Chris Hunsinger served a term which expired December 31, 2007 and was correctly reappointed to the term ending December 31, 2014; and WHEREAS, a similar review was made for the Zoning Board of Appeals and to the best of the Town Planning Staff’s ability to recreate the chronology, the current terms should be expiring as follows: 1.Richard Garrand, Jr.’s term expired December 31, 2008. As such, Zoning Board of Appeals Member Garrand is in the seat that is now available for reappointment. 2.George Drellos’s term expires as of December 31, 2009. 2 3.Joan Jenkin’s term expires as of December 31, 2010. 4.Brian Clements’s term expires as of December 31, 2011. 5.James Underwood’s term expires as of December 31, 2012. 6.Joyce Hunt’s term expires as of December 31, 2013. 7.Roy Urrico’s term expires as of December 31, 2014; and WHEREAS, since the Town’s Planning Board and Zoning Board of Appeals will convene th before January 26, the date of the Town Board’s next regularly scheduled Town Board meeting, and State Case Law provides for reconstruction of how terms should be assigned, the Town Board wishes to adopt a Resolution correcting the term expiration dates for its Town Planning Board and Zoning Board of Appeals members, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in accordance with the preambles of this Resolution and as provided by State Law, hereby corrects its terms of the Town of Queensbury’s Planning Board members as set forth above and as follows: 1.Planning Board Member Tanya Bruno’s term expired December 31, 2008 and as such, that seat is now available for reappointment. 2.Planning Board Member Thomas Seguljic’s term expires as of December 31, 2009. 3.Planning Board Member Thomas Ford’s term expires as of December 31, 2010. 4.Planning Board Member Gretchen Steffan’s term expires as of December 31, 2011. 5.Planning Board Member Steven Traver’s term expires as of December 31, 2012. 6.Planning Board Member Donald Sipp’s term expires as of December 31, 2013. 3 7.Planning Board Member Chris Hunsinger’s term expires as of December 31, 2014; and BE IT FURTHER, RESOLVED, that the Town Board, in accordance with the preambles of this Resolution and as provided by State Law, hereby corrects its terms of the Town of Queensbury’s Zoning Board of Appeals members as set forth above and as follows: 1.Richard Garrand, Jr.’s term expired December 31, 2008 and as such, that seat is now available for reappointment. 2.George Drellos’s term expires as of December 31, 2009. 3.Joan Jenkin’s term expires as of December 31, 2010. 4.Brian Clements’s term expires as of December 31, 2011. 5.James Underwood’s term expires as of December 31, 2012. 6.Joyce Hunt’s term expires as of December 31, 2013. 7.Roy Urrico’s term expires December 31, 2014; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town’s Community Development Department to take any action necessary to devise a recordkeeping system so that it is clear in the future which membership terms are being filled, and BE IT FURTHER, 4 RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or Town Supervisor to take any actions necessary to effectuate the terms of this Resolution, including the Planning Board and Zoning Board of Appeals members’ execution of any needed revised Oaths of Office. th Duly adopted this 12 day of January, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer 5