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2004-06-21 MTG27 820 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 REGULAR TOWN BOARD MEETING MTG. #27 JUNE 21, 2004 RES. 313-334 7:00 p.m. LL.#5 BOH 14-15 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS TOWN COUNSEL BOB HAFNER COMMUNITY DEVELOPMENT DIRECTOR CHRIS ROUND PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BOOR SUPERVISOR STEC-Call forth Darleen M. Dougher Town Clerk Read the following PROCLAMATION WHEREAS, General Code Publishers, Corp. publishes the 2004 Municipal Clerks Honor Roll to recognize the hard work and tireless service Municipal Clerks provide to our communities, and WHEREAS, Darleen M. Dougher, Town Clerk for the Town of Queensbury, has been nominated by her staff for the 2004 Municipal Clerk’s Honor Roll due to her years of faithful service and dedication to the Town of Queensbury citizens and her colleagues, and WHEREAS, Ms. Dougher has been selected and is listed in the General Code Publishers 2004 Municipal Clerks Honor Roll, and WHEREAS, the Queensbury Town Board is proud of Ms. Dougher’s accomplishments and wishes to formally salute and recognize Ms. Dougher for providing her valuable knowledge and tireless service to the Town of Queensbury. NOW, THEREFORE, the Queensbury Town Board, hereby congratulates Queensbury Town Clerk Darleen M. Dougher, for being named on the General Code Publishers 2004 Municipal Clerks Honor Roll and further expresses its sincere appreciation to Ms. Dougher for her years of loyal and dedicated service to the Town of Queensbury and doing her part to make the Town of Queensbury a st better place to live. Given under the SEAL of the Town of Queensbury this 21 day of June, 2004 Daniel G. Stec, Timothy Brewer, Roger Boor, John Strough, Theodore Turner If I can add my own personal two cents, but I am sure I speak for everyone on the Town Board that it is a pleasure to work with you and we thank you for your wisdom and guidance for me the last four and a half years. Thank you Darleen. Town Clerk Ms. Dougher-Thank you so much. Before my staff does leave for the evening they are the guilty parties here, I will only accept this under one condition that this is a team effort and with Caroline, Karen, Judy and Irma that is why I have gotten this. Thank you so much and thanks to the residents of the Town for keeping me in my position, I really appreciate this. Thank you for tonight. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 313. 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED , that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. st Duly adopted this 21. day of June, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec 821 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 NOES: None ABSENT: None 1.0 QUEENSBURY BOARD OF HEALTH 1.1 PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF F. HAGER AND JANE JOHNSON NOTICE SHOWN SUPERVISOR STEC-I see that Mr. Center is here and I am guessing that you are representing the applicant. Good evening and if you would just state you name and talk about the project at hand tonight. MR. TOM CENTER-Project Engineer with Nace Engineering We are here tonight to request a variance to expand an existing septic tanks that is used as a holding tank to bring it into code compliance for a two bedroom residence. The applicants have hired me, Nace Engineering to look at their problem. Initially what they had was an existing seepage pit and what has happened is over some time they believe storm water is getting into the seepage pit and is flowing back into their septic tank, so what they have been doing is pumping out their septic tank regularly on schedule maintenance and using it as a holding tank to try to keep it from over flowing and having any problems. What we are proposing is to disconnect that existing seepage pit permanently and install two new thousand gallon holding tanks, use the existing thousand gallon septic tank as a holding tank and bring them into code compliance with a new alarm system under the Town Code. To do this they are on a very small piece of property, they have nine foot road frontage and thirty six feet at the lake. In order to meet the set backs we cannot meet the side set backs. I tried to place both tanks in the center of the property not only for maximum separation from the side set backs but also for construction in trying to move earth, trying to keep all the construction on their own property. That is about it, unless there is any other questions? SUPERVISOR STEC-I thank you Mr. Center. Would anyone from the public care to comment on what essentially is swapping out two older tanks for two newer tanks on this piece of property. MR. CENTER-Swapping on an existing tank and COUNCILMAN BOOR-Seepage pit. SUPERVISOR STEC-Anyone from the public? TOWN CLERK DARLEEN DOUGHER-I do have two communications and a memo from Dave Hatin. SUPERVISOR STEC-OK Go ahead, Darleen. TOWN CLERK DARLEEN DOUGHER- May 20, 2004 To Whom it May Concern, As a resident of 30 Brayton Road and a neighbor to the Johnsons of 28 Brayton Rd. I believe an upgrade to their current septic system is beneficial to the area. I think any modification to their system is a positive change. If you have any questions regarding this upgrade you may call me at 792-0306. Sincerely, /s/ 822 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 Elizabeth Miller May 20, 2004 To Whom It May Concern I own the cottage immediately adjacent to Jane and Hagar’s I hereby give my consent and approval to the Johnson’s plan to put a septic system on their property. Sincerely, /s/ Liane H. Brown 8 Front Street Schenectady, N.Y. 12305 Tel. 518 377-7014 MEMORANDUM To: Town Board From: David Hatin, Director, Building and Code Enforcement Date: June 21, 2004 RE: Sewage Variance For F. Hagar & Jane Johnson, 28 Brayton Lane Mr. Hagar and Ms. Johnson are requesting to install additional holding tanks to the existing holding tank they have located at 28 Brayton Lane. As there is no room to put a conforming septic system on this property, this seems to be the only logical way for the applicants to meet the Sanitary Sewage Ordinance. In order to do so, they are required to obtain setback variances from the property lines. Due to prior commitments, I am unable to attend the Town Board meeting. If you have any specific questions, I’d be happy to answer them at a future date. SUPERVISOR STEC-Any comments or questions from the Town Board for the applicant? COUNCILMAN BOOR-I would just say I think it is a marked improvement what you are proposing and we obviously had differences in the past but I think this is a good project. Going from a seepage pit to a tank insures that there is going to be virtually no contamination and I see an improvement and when I look at the constraints of the property I think it is as good as you could possibly do so I appreciate your efforts and I have no problem with it. SUPERVISOR STEC-Mr. Salvador MR. JOHN SALVADOR-Does this project come about because we have a documented failure? What brings about this upgrade? MR. CENTER-The homeowners spoke with Jay Sweet, Queensbury Septic, to try to fix their problem so they are the ones that identified their problem, spoke with Mr. Sweet and came up with the plan. He contacted me we met with Dave Hatin, what can we do, it was obvious that we could not put in conforming septic system and the only thing we could do was put in holding tanks. 823 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 MR. SALVADOR-This represents an upgrade with the property now are we going to be faced then with a expansion of the dwelling, and expansion of the dwelling would be allowed if they had COUNCILMAN BOOR-I think you need to look at the map…if you look at the map you cannot, anything, anywhere, John. COUNCILMAN TURNER-If you look at the lot it is very small. SUPERVISOR STEC-It is a tight lot. MR. SALVADOR-You would be surprised how innovated you can get on a small lot. COUNCILMAN TURNER-You have only got nine feet of road frontage. SUPERVISOR STEC-It could even be a house boat. Any other comments from the public? Any other questions or comments from the Town Board? COUNCILMAN STROUGH-This isn’t going to change the contour of the top of the ground at all is it? MR. CENTER-No. We spoke with Jay and he did install the septic tank that is there now and we can match that same elevation so there will not be any change in the contour of the ground we are going to meet that same elevation. SUPERVISOR STEC-Anything else? I will close the public hearing and entertain a motion. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR F. HAGAR AND JANE JOHNSON RESOLUTION NO.: 14, 2004 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, F. Hagar and Jane Johnson have filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to upgrade their existing holding tank system by installing two (2) new 1,000 gallon holding tanks and new alarm system in order to bring the existing holding tank system into compliance with Town Code requirements for a two (2) bedroom home, and WHEREAS, Mr. Hagar and Ms. Johnson have also applied to the Local Board of Health for two (2) additional variances from Chapter 136 to allow: 1. placement of the holding tanks 4.04’ from the west property line in lieu of the required ten feet (10’) setback; and 2. placement of the holding tanks 4.85’ from the east property line in lieu of the required ten feet (10’) setback; 824 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 on property located at 28 Brayton Lane in the Town of 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 st concerning the variance requests on June 21, 2004, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of F. Hagar and Jane Johnson for variances from the Sewage Disposal Ordinance to upgrade their existing holding tank system by installing two (2) new 1,000 gallon holding tanks and new alarm system in order to bring the existing holding tank system into compliance with Town Code requirements for a two (2) bedroom home and allow: 1. placement of the holding tanks 4.04’ from the west property line in lieu of the required ten feet (10’) setback; and 2. placement of the holding tanks 4.85’ from the east property line in lieu of the required ten feet (10’) setback; on property located at 28 Brayton Lane in the Town of Queensbury, bearing Tax Map No.: 239.08-1-11. 825 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION ADJOURING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 15. 2004 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health. st Duly adopted this 21 day of June, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR MEETING 2.0 PUBLIC HEARING – PROPOSED LOCAL LAW AMENDING QUEENSBURY TOWN CODE CHAPTER 55 “BOATS” TO EXTEND BOUNDS OF 5 MPH SPEED ZONE IN DUNHAM’S BAY , LAKE GEORGE NOTICE SHOWN SUPERVISOR STEC-The genesis behind this was that Councilman Boor was, I think, first approached and then later on myself back in January or February and probably Roger actually before that. Dunham’s Bay just by a synopsis currently has buoys that are approximately half way down the bay for five miles per hour and when you compare it to other similar bays in the Town of Queensbury those have their buoys primarily located at the very mouth or very entrance of the bay. The purpose of the five mile per hour buoy as I understand it, is protection of erosion and damage due to boats from wakes bouncing against their berthing. What we have done here we have set a public hearing for tonight to discuss moving the current buoys from where they are out to the mouth of Dunhams Bay. So, with that I will open the public hearing, if there is anyone from the public that would like to comment on Dunhams Bay and the buoys, one way or the other or ask any questions? Mr. Salvador 826 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 MR. JOHN SALVADOR-My name is John Salvador I am the proprietor of the Dunhams Bay Boat and Beach Club, I really have no objection, opinion one way or the other as the actual location of the buoys. We have learned to live with the five mile an hour speed limit for the last thirty years, however procedurally, I think what you are doing you are attempting to amend town ordinance number thirty four which is the ordinance that was put in place to locate the present, to locate where the buoys are at the present time. That is I think the thing you want to amend that would lead then to your chapter fifty five, because that is the ordinance that exists at the present time. TOWN COUNSEL HAFNER-May I just interrupt, I think it will help us with this issue. When the law was originally passed it was what ever the reference was that you stated. When we moved to the code and had the State entity that puts it on code form and so you could put it on line all of our town ordinance were converted to local laws and the numbering changed so the reference that we have is the current reference in the Town Code so it is Chapter 55 not the old thirty something. MR. SALVADOR-My point is that this Board has been given the authority to establish what we used to call a vessel regulation zone. There were many, many obligations on the part of the town if they were going to establish such a zone. This is what they did in 1973 in Dunhams Bay. They established a vessel regulation zone. Now, there, as I say there are other things that you were supposed to care for in establishing that zone, not only the speed of vessels, there was wastewater, there was trash collection, all these other things were the responsibility of the Town to provide for. They seized just one aspect of this power to develop, to set a, to establish a vessel regulation zone and that was the speed. But, everything else has gone wanting. Now, we have some serious problems in the bay with regard to wastewater and it is not only from boats, but there is enough to be concerned about and we should have a regulatory program to, in place to cover it. Now, as I say I could care less where the buoys are located but what you are doing is you are operating within our power to establish a vessel regulation zone and there are other obligations that you have in that regard. SUPERVISOR STEC-Anyone else from the public? Ok. Yes, Sir. UNKNOWN-Good evening. I would just like to speak SUPERVISOR STEC-Your name for the record. MR. LEN SIMMS-My name is Len Simms, from Dunhams Bay UNKNOWN-… SUPERVISOR STEC-Yes, Carol, microphone please. MS. CAROL FUCHSLOCHER-I am Carol Fuchslocher from the Dunhams Bay Association the President. Mr. LEN SIMMS-Dunhams Bay is home to three major marinas and there are approximately three hundred and thirty five boats docked within the bay and that represents something in the neighborhood of three percent of the boats on 827 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 the lake. Those, almost half of those boats are in marinas in the three major marinas and that I think contributes unusually to the amount of traffic on weekends in particular but I think our support is based on the unusually high number of boats something in the neighborhood of ninety an hour on average that go thorough on a major weekend and safety is also a concern in that zone. I would urge your support and approval on this. MS. CAROL FUCHSLOCHER-I have nothing to add. SUPERVISOR STEC-Ok. Thank you. Anyone else from the public that would like to speak on this? All right, Mr. Tucker MR. PLINEY TUCKER-41 Division Road I have got a question. We had a something similar to this when I was on the board and Ham Robertson was Chairman of the County Board that was a long time ago. It concerned buoys and we were going to establish a law to put in buoys in this area. It was brought to our attention at that time where we were going to put the buoys that the land under the lake was in another township rather than in Queensbury. Would that have any bearing on what you people are doing here? COUNCILMAN BOOR-We are just moving it closer to down town Bolton, that is all. TOWN COUNSEL HAFNER-The buoys will be placed by DEC as I understand. SUPERVISOR STEC-We researched that and our Attorney satisfied us that COUNCILMAN BOOR-The are currently in Bolton, so what difference would it make. MR. TUCKER-It probably does not make any difference. Ok. SUPERVISOR STEC-Mr. Brothers. MR. PETER BROTHERS-From Ward One Queensbury. Thanks for letting me speak. We are very concerned with regard to boats going in and out of the bay fast because it creates large wakes and from all the boats small and large, small meaning family sport boats and large cabin cruisers what have you. It creates a wake which in this small narrow area allows for the waves to continue in their present size after the boat creates the waves with the wake and washing against the shore line and that continuous washing against that shore line in a narrow area. There is vegetation and the shore line area trees and of course the water washing away eventually. If you travel up and down the lake and you go into some of the islands where there is even higher seas, higher waves and you can see the exposed roots of trees and that is what is happening where the trees are toppled. So, essentially we are very supportive your proposing this law and if anything I would even like it pushed out further in front of the Mastro’s and the Handlemans or at least as far as you do not need it way out in the bay but just as far as you are proposing we fully support. it Thank you. 828 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 SUPERVISOR STEC-Thank you, anything else from the public on this one? Anything from the Town Board? Questions, comments? You have communications: Ok. Darleen TOWN CLERK MS. DOUGHER- Town Clerk Town of Queensbury Regret unable to attend the June 21Town Meeting. We support the proposed amendment to Chapter 55-6 of the Town Code. Our property is just northwest of the Dunham’s Bay speed buoys. The Bay is narrow at this point and we receive the full effect of the wakes of boats which proceed at full speed to and beyond the present location of the speed buoys. Chapuis Associates Richard C. Chapuis Marie-Louise Lempert June 21, 2004 Town Clerk Town of Queensbury Although we are sorry that we are unable to attend tonight’s meeting, we are writing to share our views regarding the proposed amendment to chapter 55-6 of the Town Code, to move the speed markers further out of Dunham Bay. We are strongly in favor of this amendment. Our property is immediately adjacent to the current position of the markers on the north side of the bay, so we are in a unique position to observe the effects of boat traffic. If the purpose of the speed limit is for the safety of swimmers and boaters, and to protect the shoreline and the docks and the boats in them from the effects of wave action, it is not serving that purpose in Dunham Bay. Too often, boats coming in to this narrow bay at speeds of 30 mph and more use the markers as a place to start to slow down, continuing to create significant wakes for 100 feet beyond the buoys. We urge you to pass the amendment to chapter 55. Thank you. Sincerely, /s/ Dale & Catherine Campbell 27 Sign Post Rd. #5-1-11+12 William & Cheryl Baldwin 829 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 24 Joshua Rock Road Dunham’s Bay, Lake George New York 14845 To Whom it May Concern: We are writing, to add our support for the proposal to move the buoys in Dunham’s Bay further north. We understand, that this proposal is on your agenda for Monday, June 21, 2004. We are not able to attend the meeting, but want our strong feelings on this issue to be considered in your decision to move the buoys. It is our primary concern, to make the Bay a safe place to swim for our Family. Also, the decrease of wake damage would be a benefit. Moving the buoys further north would help keep boat traffic at a slower speed, allowing us to coexist in a safer environment. Thank you for your consideration on the small, but important request. Bill(William) and Cheryl Baldwin 585-924-4554 SUPERVISOR STEC-I will close the public hearing and entertain a motion. COUNCILMAN BOOR-One question Dan, on the second page the third resolved it states that the Town Board authorizes and directs the Town Supervisor to make all necessary arrangements to purchase and deliver. It would be my hope that we can move the existing and not have to purchase a new but I am not really sure what TOWN COUNSEL HAFNER-We thought it might be bigger and might need another couple because it is wider we did not know. COUNCILMAN BOOR-I would just throw that out there, I would hate to think that we wouldn’t use what was currently there. SUPERVISOR STEC-We will minimize the expense, we will need a longer chain. Anything else Roger? COUNCILMAN BOOR-No. RESOLUTION ENACTING LOCAL LAW NO. 5 OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 55 “BOATS” TO EXTEND BOUNDS OF 5 MPH SPEED ZONE IN DUNHAM’S BAY, LAKE GEORGE RESOLUTION NO. 314. 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION 830 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 5 of 2004 to amend Queensbury Town Code Chapter 55 entitled “Boats,” to extend the bounds of the 5 mph speed zone in Dunham’s Bay in Lake George, and § WHEREAS, Town Law 130(17) authorizes Towns to regulate the speed of vessels while being operated or driven upon any waters within or bordering the Town to a distance of fifteen hundred feet (1,500’) from shore, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10(2) and Town Law Article 16, and st WHEREAS, the Town Board duly held a public hearing on June 21, 2004 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.:5 of 2004 to amend Queensbury Town Code Chapter 55 entitled “Boats,” to extend the bounds of the 5 mph speed zone in Dunham’s Bay in Lake George as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to make all necessary arrangements to purchase and deliver buoys to the New York State Department of Environmental Conservation for placement in the extended portion of Dunham’s Bay on Lake George, to be paid from the appropriate account as determined by the Town Budget Officer, and 831 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None LOCAL LAW NO.: 5. OF 2004 A LOCAL LAW TO AMEND CHAPTER 55 “BOATS” OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 55 of the Queensbury Town Code entitled "Boats," Article II thereof entitled “Speed Limits,” is hereby amended by amending subsection “E” as follows: §55-6. Speed limit for certain areas of Lake George. No mechanically propelled vessel shall be operated at a speed exceeding five (5) miles per hour on the waters of Lake George within the following described areas. The following areas are described in accordance with a chart entitled "Lake George 1970 Base Chart prepared for the State of New York Department of Conservation by Dickerson, Czerwinski and Marneck." A. Sandy Bay: bounded northerly by a line one thousand five hundred (1,500) feet north of the south shore of Lake George in Sandy Bay, easterly by Rockhurst, southerly by the state land at Sandy Bay and westerly by Cleverdale. B. Warner Bay: bounded northerly by a line one thousand five hundred (1,500) feet north of the south shore of Lake George in Warner Bay, 832 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 easterly by the shore of Lake George, southerly by the south line of Lake George in Warner Bay and Route 9L and westerly by the shore of Lake George. C. Assembly Point, Speaker Heck Island: bounded northerly by the south line of Town of Bolton, easterly by a line which is a projection south of the east division line between the Town of Bolton and Town of Queensbury, southerly by a line parallel with the northerly line and six hundred (600) feet south thereof as measured at right angles, westerly by the east line of Speaker Heck Island and east line of Long Island. D. Harris Bay: bounded northwesterly by a line between the U8 obstruction buoy and black can buoy west of Happy Family Islands and bounded on the remaining sides by lines drawn between the U8 and the black can buoy to the nearest point on the shoreline and by the shoreline of Harris Bay. E. Dunhams Bay: all the waters of Dunhams Bay lying southerly of a point beginning at the northwest corner of the lands of Barrie and Mark Handelman, being also the northwest corner of Tax Map Parcel 239.15-1- 12; thence running North 54 degrees, 25 minutes and 28 seconds East, crossing said Dunhams Bay a distance of 1,464.00 feet more or less to a point in the easterly shore of Dunhams Bay at the northwest corner of the lands of Suzanne Mastro being Tax Map Parcel 239.16-1-23; thence running southerly, westerly and then northerly again along the shore of said Dunhams Bay, a distance of 8,192.00 feet more or less to the point and place of beginning, containing 68.3 acres of water to be the same more or less. F. Unnamed Bay off Warner Bay: beginning at a point in the southerly shore of Lake George at the most northerly tip of land owned by David Vrooman Jr., and Joan Taylor, being some 760.00 feet more or less northerly of the northwest end of Westmore Road and also identified as 43 degrees, 28.37 minutes North latitude and 73 degrees, 37.77 minutes West longitude; running thence in a northerly direction crossing said lake, some 805.00 feet more or less to a point in the southerly shore of said Lake George on the westerly bounds of lands of Susan Weber and further identified as 43.00 degrees, 28.50 minutes North latitude and 73.00 degrees, 37.50 minutes West longitude; thence running easterly, southerly, westerly, northerly, northwesterly, northerly and northwesterly again along the shore as it winds and turns, to the point and place of beginning. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. 833 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. 3.0 CORRESPONDENCE - Building and Codes Report for the month of May 2004 on file 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0 OPEN FORUM MR. JOHN SALVADOR-Re: Res. 7.1 SUPERVISOR STEC-Noted 7.1 has been pulled from the agenda MR. SALVADOR-Spoke on Temporary Toilets Local Law 2 of 1987 general prohibition of concerning the use of temporary toilet facilities. Noted a person has been in violation of the code for over a month, questioned how the code was going to be enforced…should be fined and temporary toilet removed…RE: Ltr. sent to Town Assessor – concerned about on going commercial use of residential property in North Qsby. without proper permits. RE: Easements and value of property they should be recorded RE: On site wastewater systems designed as a function of the number of bedrooms. MRS. BETTY MONAHAN-Sunnyside Road - Commend you on the action relative to the sales tax and the Great Escape SUPERVISOR STEC-It may be too little too late. MRS. BETTY MONAHAN-RE:Workshop last Friday RE: Consultant to be hired for recreation center – Are we trying to find land and then design what we are doing to fit the land or if we have a design in mind and we are going to try to find land to fit it? SUPERVISOR STEC-Somewhere between the two. MRS. BETTY MONAHAN-Concerned that we are going to be in competition with private organizations like the Y. I would rather see you take the money and start buying up land…the future of the Town is being decided by the developers until you get a vision in place and know where the town is going and what you want for this town do you want a playground that is accessible to several subdivisions in an area, we do not have that in Queensbury. Need information both pro and con before a referendum is held. RE: Meeting with Planning Board and request for moratorium - noted that Queensbury will be under more pressure due to the fact that communities to the south have moratoriums in place… noted there are a lot of good reasons coming for the 834 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 Planning Board on why we should have a moratorium…I heard no good reasons from the Town Board why we should not. Asked that the Board reconsider their decision. Requested information on the impact of one hundred and fifty single family homes on the school district and what it would do to the taxes…how are we going to pay for the infrastructure that is necessary….anything you do should be a benefit to the community not the developer as was mentioned at the meeting…. MR. DAVID STRAINER-1124 Ridge Road Questioned Res. 7.5 Volunteer Recruitment Service Scholarships SUPERVISOR STEC-Res. supporting legislation that our Assemblywoman has before the legislature that gives education benefits, breaks for volunteer fire and ems providers State wide. Each individual with five years of service would himself or herself and their dependent children eligible for full State tuition rate or equivalent of at a private university anywhere in the State. The current law is for the actual service member themselves and that is limited to a fifty mile radius. MR. PLINEY TUCKER-41 Division Road Re: 7:18 Glad to see it…What else is the County going to do to get the 100%? SUPERVISOR STEC-On Friday at the County’s regular monthly meeting the County Board of Supervisor’s unanimously passed a resolution asking the Governor to Veto that legislation. … I do not think there is much more we can do within the confines of the law. MR. TUCKER-re: Transfer Station hours changed? SUPERVISOR STEC-The Transfer Station on Luzerne Road is now open on Fridays at 6:30 A.M. as an experiment we want to see if there is a demand out there outside of the normal hours. MR. MATT REYNOLDS-Ridge Road RE: 7:18 Will this effect any other organizations outside of this town? Any communications between the other towns so they could organize so there would be more of an ear you could get to the Governor? SUPERVISOR STEC-Not that I am aware of I can tell you I have not communicated with any other towns I do not know whether or not the County has talked to any other counties. Senator Little and Assemblywoman Sayward have been talking to their colleagues that represent like communities that have this situation. I haven’t done that but that might not be a bad idea. 6.0 TOWN BOARD DISCUSSION COUNCILMAN JOHN STROUGH-1. On a meeting that we are not so busy I think allowing the public a second five minutes is not that terribly out of line…noted that would be worth discussing at a workshop… 2. Cable TV Franchise Agreement with Adelphia, need to start working on that 3. In 2006 is the key date to either broadcast digital and analog signals or just digital in 2006 anyone with an analog set you are going to have to buy an adaptor there was a discussion of the government subsidizing the purchase of an 835 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 adaptor…noted it is a good thing the school went with digital TV’s they were thinking ahead 4. Thanked Dan for putting in the resolution, I am upset about the proposal by our State legislatures to reduce the amount of admission that is taxable to 25% of what it is now which is 100%, spoke about the losses to the community. 5. Sr. Planner Marilyn Ryba memo to the Town Board – Attended a presentation on how to make your community a good place to live and that is part of our motto, they said that communities that are desirable places to live include following land use activities, pedestrian connections, mixed housing, focus on design, landscaping, street trees, sign regulations, hospitals and places of higher education, working close with the Board of Education and Planning we could do a better job there and plan for changing demographics…6. Spoke on signs on Route 9-look into monument signs need to take a look at new sign regulations… 7. Re: Remediation Program on Ciby Geigy proposed will that make that site ready, marketable? EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND- It is being actively marketed right now the site has gone through a major remediation completed about a year and a half go. COUNCILMAN THEODORE TURNER-Report that the landfill has taken in $9,651.10 in scrape metal. Lower district with placement of sidewalks they are working on cleaning up their work so we can address the issues of the driveways from the sidewalk out to the road. COUNCILMAN ROGER BOOR-The effects of residential construction on our town and the incredible cost it has to all of us. I also regret that we did not televise the joint meeting with the Planning Board when we discussed the moratorium, because the Planning Board made some very good points. It is hard to impress upon the public that when you build a home it actually costs your community money. It is not tax revenue generating. The average student it cost $10,000 per student per year a special needs student one that has to be bussed to BOCES or somewhere else is $30,000 per student per year. We have an individual proposing putting one hundred and seventy five apartments across the street in a PO zoning, I do not think the public as a clue what that impact is going to be if that project goes forward. One child per unit would be 1.75 million in additional school taxes with no special needs child. We have a school project that isn’t complete and we have a project across the street that could cause another addition to have to occur. I ask the public what do you want to see from the Town Board? Do you want to put up high density projects that are just going to bury our school system? I think not. When a developer puts in a project like that he puts in a certain amount of road an infrastructure when a project is complete that infrastructure gets dedicated to the Town who forever has to maintain it. We cannot let this issue go away. We have to be able to maintain our logo, to maintain that we have to make some tough decisions that are going to be politically very difficult but the bottom line is we will be doing the right thing and this community will be better off in the long run. SUPERVISOR STEC-1. Memo from Highway Supt. Rick Missita regarding paving schedule noted he believes he is behind due to the spring clean up he does not have time in a formal matter to go over the schedule, invites us in on a one on one to go over our concerns about the paving schedule. 2. Re: Sand pile DEC informed us has no violations, has in fact been moved and Rick 836 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 intends to have a surveyor come in and lay the property lines and put up a fence to define the lines. 3. Re: Tax issue proud to part of a unanimous vote at Warren County Board of Supervisor opposing the legislation that has been passed through the State Assembly and State Senate regarding the 25% of the sales tax on amusement parks throughout the State. 4. Re: follow up to the moratorium discussion Executive Director Round will be contacting both the Planning Board Chairman and the Zoning Board Chairman to set up a task force- this would be workshop sessions that would meet regularly which would include staff and Mr. Stone and a member or two of the Zoning Board of Appeals, a member or two of the Town Board and leave it up to Chris, Craig and Mr. Stone to determine if there are others that should be on the task force to work through the Planning Boards six items to make a recommendation to the Town Board once those are addressed it is my vision that this group will act as a corner stone or beginning of forming a new steering committee for a review the comprehensive land use plan. Spoke about agenda control … COUNCILMAN BOOR-These meeting with the Zoning Board and Planning Board they would be open to the public so I would recommend that they encourage any Town Board Member and any Planning Board to be present since it is a public meeting. I think we should compensate the Zoning and Planning Board Members for these types of meetings. SUPERVISOR STEC-I would agree to that, I am guessing that the Town Board has the authority to say so. DISCUSSION HELD REGARDING COMPENSATION: Councilman Brewer questioned how some of them will be compensated and other not? Councilman Boor-because some or on the payroll now, they have the burden of make the ultimate decision when the applicant comes before them not the committee. Supervisor Stec-Noted that this will not be settled this evening…I will ask Chris to keep the Board fully posted when the first meeting will be and who will be on the committee… 7.0 RESOLUTIONS RESOLUTION AUTHORIZING PAYMENT FOR VALUE OF EASEMENT RIGHTS AND SETTLEMENT OF EMINENT DOMAIN PROCEEDING CONCERNING EXXONMOBIL PROPERTY – ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 315. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION 837 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 SECONDED BY: Mr. John Strough WHEREAS, by Town Board Resolution No.: 113,2003 the Town Board adopted its Final Order approving creation of the Route 9 Sewer District, and WHEREAS, the engineer working with the Town determined the technical requirements of the Project and indicated that a line is needed to run across the property of the ExxonMobil Station on Route 9 identified as Tax Map No.: 288.16-1-3, and WHEREAS, the Town attempted to negotiate with the property owner for an easement necessary for the Project but was unable to obtain a consent easement, and WHEREAS, by Resolution No.: 187, 2004 the Town Board determined it necessary to exercise its rights to acquire the easement by eminent domain in order to serve a public purpose and therefore authorized commenced of an Eminent Domain Proceeding under the Eminent Domain Procedure Law §201 et seq., and WHEREAS, the Town is required to compensate ExxonMobil for the property rights obtained, and WHEREAS, as authorized by Resolution No.: 172.2004, the Town Board obtained from Empire State Appraisal Consultants an appraisal of the value of the easement across the property which sets the fair market value of the taking at $4,700 as more specifically set forth in the Real Estate Appraisal Report prepared by Empire State th Appraisal Consultants, Inc. dated as of April 7, 2004, and WHEREAS, Town Counsel has advised that upon further negotiation with ExxonMobil, ExxonMobil is now willing to grant a revised Easement to the Town in exchange for payment from the Town in the amount of $4,700 for such easement rights as final resolution of this matter, and WHEREAS, the Town Board wishes to authorize the revised Easement and payment to ExxonMobil for such property’s easement rights in exchange for a final receipt and release and/or stipulation of settlement from ExxonMobil, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the revised Easement between the Town of Queensbury and ExxonMobil substantially in the form presented at this meeting and payment for the easement rights to ExxonMobil in the amount of $4,700 as specifically described in the preambles of this Resolution, and 838 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 BE IT FURTHER, RESOLVED, that payment to ExxonMobil in an amount not to exceed $4,700 shall be paid for from Account No.: 136-8150-4132, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign a stipulation of settlement and any other necessary documentation needed to conclude the Eminent Domain proceeding in this matter, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Easement Agreement in the form acceptable to the Town Supervisor and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer, Town Counsel and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Discussion held before vote: Town Counsel Bob Hafner- reviewed the changes with the Board… RESOLUTION AND FINAL ORDER ESTABLISHING RICHARDSON STREET EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 316, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 839 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Consolidated Water District to be known as the Richardson Street Extension, and WHEREAS, a Map, Plan and Report has been prepared regarding the extension which will encompass the area of Richardson Street situated between Fifth Street Extension and the Queensbury Town line along Richardson Street/Haviland Avenue, plus Edgewater Place and Feeder Canal Court, such extension more specifically described in the Map, Plan and Report prepared by Jarrett-Martin Engineers, PLLC, 12 East Washington Street, Glens Falls, New York and filed in the Queensbury Town Clerk's Office and available for public inspection, and WHEREAS, the Map, Plan and Report shows the boundaries of the proposed extension to the Queensbury Consolidated Water District, a general plan of the water system, a report of the proposed water system and method of operation and the source of water supply, and WHEREAS, the Map, Plan and Report shows the water infrastructure serving the parcels included in the District Extension, and rd WHEREAS, on May 3, 2004, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Water District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the New York State Comptroller’s Office, all as required by law, and WHEREAS, the Town Board held a public hearing, heard all interested persons th concerning the proposed Water District Extension on May 17, 2004 and considered the evidence given together with other information, and WHEREAS, the Town Board considered the establishment of the proposed District Extension in accordance with the provisions of the State Environmental Quality Review Act and by Resolution No.: 267, 2004, adopted a Negative Declaration concerning environmental impacts, and 840 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 WHEREAS, by Resolution No.: 268, 2004, the Town Board established the proposed Water District Extension in accordance with Town Law Article 12-A and consolidated the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, the Queensbury Town Clerk has reported that petitions requesting a referendum have not been filed, and WHEREAS, State Comptroller approval is not necessary, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that it is the final determination of the Queensbury Town Board that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to establish, authorize and approve the Richardson Street Extension to the Queensbury Consolidated Water District as has been described in the Map, Plan and Report on file with the Queensbury Town Clerk and as more specifically described in this Resolution; 3. All property, property owners and interested persons within the Extensions are benefited; 4. All benefited property and property owners are included within the limits of the Extension; and 5. In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended, and IT IS FURTHER, RESOLVED AND ORDERED, that: 1. The Richardson Street Extension to the Queensbury Consolidated Water District be and the same is hereby authorized, approved and established in accordance with the boundaries and description set forth in the previously described Map, 841 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 Plan and Report on file in the Queensbury Town Clerk's Office for public inspection. 2. The boundaries of the Richardson Street Extension to the Queensbury Consolidated Water District are to be as set forth in the previously described Map, Plan and Report. 3. Eight inch (8”) water mains are currently in service along Richardson Street, Haviland Avenue, Edgewater Place and Feeder Canal Court along with at least six (6) fire hydrants for fire service. Existing water mains also serve the additional parcels proposed for inclusion in the District. No new capital improvements are required to serve any of the parcels proposed for inclusion in the District and therefore, no additional capital costs must be borne by the property owners of this District Extension and no financing of improvements is required for this District Extension. All properties included within this District Extension are currently served by the water system and therefore, no new service hook-ups are required. 4. There will be no hook-up fees to the typical property, which typical property means a benefited property having an assessed value that approximates the assessed value of the mode of the benefited properties. The mode value is $90,700. The estimated annual cost of the extension to the typical property will be $1.4257 per $1,000 assessed value or an ad valorem charge of $129.31. The water use charge based on 200 gallons/day x 365/4 days/quarter x $1.52/1000 gallons = $20 + $15.20 = $35.20/qrtr or an annual charge of $140.80. So the total estimated annual cost for the typical property is $270.11. The estimated annual cost to the typical user is below the State Comptroller’s Office threshold amount so no approval of the State Comptroller’s Office will be necessary. 5. All expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended and the costs of operation, maintenance and improvements shall continue to be financed on both an ad valorem basis and a water rent basis. and BE IT FURTHER, ORDERED, 1. That the Town Clerk shall file and record in the Warren County Clerk’s Office: A) a certified copy of this Resolution and Order, and B) a certificate that no petitions for referendum have been filed; 842 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 2. That any other filings of this Resolution mandated by law be completed by the Town Supervisor, Town Clerk, Water Superintendent and/or Town Counsel's Office; and BE IT FURTHER, ORDERED, that a consolidated assessment bill shall be prepared for next year in which assessments are levied against the extended District, and BE IT FURTHER, ORDERED, that this Order is a Final Order and shall take effect immediately. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION SUPPORTING AMENDMENT OF NEW YORK STATE GENERAL MUNICIPAL LAW IN RELATION TO SERVICE AWARD PROGRAM POINTS FOR CERTAIN COURSES TAKEN BY VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE WORKERS RESOLUTION NO.: 317. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the New York State Legislature is considering adoption of a Bill which would amend the General Municipal Law to allow volunteer firefighters and volunteer ambulance workers to gain 30 service program points for courses of over 100 hours duration, and 843 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 WHEREAS, the Queensbury Town Board supports such legislation as it would recognize those volunteers who make extra efforts to take advanced courses related to their duties, and therefore the Board wishes to adopt a Resolution supporting adoption of this Bill by the Legislature, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of New York State Assembly Bill No.: A2667 to amend the General Municipal Law to allow volunteer firefighters and volunteer ambulance workers to gain 30 service program points for courses of over 100 hours duration, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to forward certified copies of this Resolution to the New York State Governor’s Office, New York State Senate and New York State Assembly. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Stec, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None ABSTAIN: Mr. Boor Discussion held before vote: Councilman Brewer requested a letter thanking Assemblywoman for proposing this legislation… RESOLUTION SUPPORTING AMENDMENT OF NEW YORK STATE EDUCATION LAW IN RELATION TO VOLUNTEER RECRUITMENT SERVICE SCHOLARSHIPS RESOLUTION NO.: 318. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the New York State Legislature is considering adoption of a Bill which would amend the Education Law to make the volunteer organization recruitment scholarship 844 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 program available to the un-emancipated children of volunteer firefighters and volunteer ambulance workers and to remove certain restrictions on the distance from institutions of higher learning to scholarship recipients and to remove the limit of one application annually per volunteer organization, and WHEREAS, the Queensbury Town Board supports such legislation as recruitment and retention initiatives are essential to maintaining a strong volunteer emergency force and this legislation would enhance the Volunteer Recruitment Scholarship Program, subsequently increasing the recruitment and retention of volunteers, and therefore the Board wishes to adopt a Resolution supporting adoption of this Bill by the Legislature, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of New York State Assembly Bill No.: A10154 to amend the Education Law to make the volunteer organization recruitment scholarship program available to the un-emancipated children of volunteer firefighters and volunteer ambulance workers and to remove certain restrictions on the distance from institutions of higher learning to scholarship recipients and to remove the limit of one application annually per volunteer organization, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to forward certified copies of this Resolution to the New York State Governor’s Office, New York State Senate and New York State Assembly. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None ABSTAIN: Mr. Boor DISCUSSION HELD BEFORE VOTE: Councilman Strough brought up another point of proposed legislation granting additional credit to volunteer fire fighters and volunteer ambulance workers in competitive examinations, will have a resolution regarding this legislation at the next meeting. RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4877 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM 845 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 RESOLUTION NO.: 319. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 # 4877, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, by Resolution No.: 165.2004, the Queensbury Town Board approved a rehabilitation grant in the amount of eleven thousand seven hundred dollars ($11,700) for Case File #4877, and WHEREAS, the contractor who was awarded the bid defaulted and therefore the contract was re-bid, and WHEREAS, by Resolution No.: 280.2004, the Queensbury Town Board authorized a revision to the rehabilitation grant in the amount of fourteen thousand one hundred and seventy-five dollars ($14,175) for Case File #4877, and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is fourteen thousand seven hundred thirty-five dollars ($14,735) and is the lowest acceptable cost and still below the $20,000 maximum guideline grant amount, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a revised grant for Case File #4877, Queensbury, New York, in the amount not to exceed fourteen thousand seven hundred thirty-five dollars ($14,735) and authorizes and directs the Town Supervisor and/or 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. st Duly adopted this 21 day of June, 2004, by the following vote: 846 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4902 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 320. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 # 4902, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, by Resolution No.: 194.2004, the Queensbury Town Board approved a rehabilitation grant in the amount of fifteen thousand six hundred twenty-five dollars ($15,625) for Case File #4902, and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is sixteen thousand eight hundred twenty-five dollars ($16,825) and is the lowest acceptable cost and still below the $20,000 maximum guideline grant amount, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a revised grant for Case File #4902, Queensbury, New York, in the amount not to exceed sixteen thousand eight hundred twenty-five dollars ($16,825) and authorizes and directs the Town Supervisor and/or Senior Planner to execute a Grant Award Agreement and take 847 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None RESOLUTION AUTHORIZING FOUR (4) FIREWORKS DISPLAYS AT GREAT ESCAPE THEME PARK RESOLUTION NO.: 321. 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Time Warner, Inc., has requested permission to conduct four (4) fireworks displays as follows: SPONSOR : Time Warner, Inc. PLACE : Great Escape Theme Park th DATES : Sunday, June 27, 2004 rd Saturday, July 3, 2004 th Saturday, July 24, 2004 th Saturday, August 14, 2004 TIME: 9:30 P.M. (approximately) 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 405, to issue fireworks § permits to Alonzo Fireworks Display, Inc., on behalf of Time Warner, Inc., subject to the following conditions: 1. An application for permit be filed which sets forth: A. The name of the body sponsoring the displays and the names of the persons actually to be in charge of the firing of the displays. 848 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 B. The date and time of day at which the displays are to be held. C. The exact location planned for the displays. 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. F. The manner and place of storage of such fireworks prior to the displays. G. A diagram of the grounds on which the displays are 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 Queensbury Central 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 §405, 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 849 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 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 may be 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. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION TO AMEND 2004 BUDGET – EMPLOYEE SALARY TRANSFERS RESOLUTION NO.: 322. 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Budget Officer, and WHEREAS, the Queensbury Town Board has set the Year 2004 employee salaries and so appropriations need to be adjusted accordingly, NOW, THEREFORE, BE IT 1550- 1490- 1500- 1810- 1380- 1620- 1619- 1606- 1606- 1860- 1360- 1330- 1361- 1311- 1300- 1320- 1605- 1605- 1605- 1372- 1820- 1372- 1630- 1480- 1042- 1041- 1221- 1061- 1890- 1200- 1200- 1078- 1160- 1170- 1090- 1130- 1039- 1035- 1100- 1090- 1050- 1062- 1212- 1062- 850 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget Officer to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: 2004 Budget Adjustment Non-Union Full Time Employees From Account To Account 001-1990-1002 754.00 001-1110 2,316.00 001-1110 754.00 001-1110 1,116.00 001-1220 1,689.00 001-1315 2,575.00 001-1315 2,229.00 001-1315 From Account To Account 001-1990-1002 1,305.00 001-1315 799.00 001-1330 875.00 001-1330 1,269.00 001-1355 1,914.00 001-1355 1,004.00 001-1355 1,126.00 001-1410 1,535.00 001-1410 1,605.00 001-1420 1,244.00 001-1460 1,538.00 001-1620 1,942.00 001-1680 1,538.00 001-1680 1,992.00 001-3410 1,178.00 001-3410 1,167.00 001-3620 937.00 001-3620 1,244.00 001-3620 681.00 001-3620 681.00 001-8010 681.00 001-8020 1,043.00 001-5010 1,632.00 001-5010 3,219.00 001-5010 1,300.00 001-7020 1,858.00 001-7020 3,012.00 001-7020 2,337.00 001-7620 1,382.00 001-8010 1,307.00 001-8010 1,772.00 001-8020 1,924.00 001-8020 58,474.00 002-1990-1002 1,400.00 002-8810 1,400.00 032-1990-1002 2,800.00 032-8110 2,800.00 040-1990-1002 1,877.00 040-8310 2,354.00 040-8310 2,769.00 040-8340 1,792 345 2,586 1600- 851 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 7,000.00 From Account To Account 910-1990-1002 1,676.00 910-8160 1,676.00 Town of Queensbury 2004 P-T Hourly 2004 2004 2004 2004 Acct. Dept Name Hrly Rate Budget Hrs Yrly Rate Adj Needed No. 11110 Crayford, Patricia M. 10.48 15,947 1,568 16,433 486 001-1110-1070 11110 Gerrard, James 12.17 11,820 1,000 12,170 350 001-1110-1720 Gerrard, James 20.99 11355 Bleuge, Howard 12.36 11355 Dybas, Elizabeth 15.34 19,357 1,300 19,942 585 001-1355-1079 11355 Howe, Barbara 12.67 7,380 600 7,602 222 001-1355-1070 11620 Laplanche, Cammie 9.60 17,037 1,828 17,549 512 001-1620-1230 13120 Hall, Daniel M. 12.38 14,424 1,200 14,856 432 001-3120-1270 13120 Reynolds, Janice P. 12.38 13120 Toussaint, Joanne 12.38 17510 Vandyke, Marilyn 96.23 5,075 28810 St. Clair, Gail 11.47 11,641 1,045 11,986 345 002-8810-1070 328110 Ford, Barbara 13.96 918160 Baker, Vic 12.00 24,752 2,212 26,544 1,792 910-8160-1410 918160 Brown, Danny R. 12.00 918160 Burke, Richard 12.00 918160 Cutter, David L. 12.00 918160 Cutter, George E. 12.00 918160 Gordon, Joseph 12.00 918160 Harvey, Jon D. 12.00 918160 Hermance, Harley 12.00 918160 Jones Jr., Charles B. 12.00 918160 Mulcahy, Kevin 12.00 918160 Smith, Paul 12.00 918160 Soresino, Raymond 12.00 918160 Zulauf, Peter 12.00 st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held regarding audits: Budget Officer Jennifer Switzer-Payroll Audit from the State Comptroller Office will be completed soon, over all the Town is in good shape but as always they will have some good recommendations for us. On the Cash Receipts Audit- we have a draft he is awaiting for rep. letters from each department heads who were involved once he receives those he can then issue his final copy. The Generic Audit – in a different format this year, which I have received a rough draft copy for the Board and public it will be much easier for them to look at and understand, it will be broken down instead of special budget areas it is broken down between all the different funds. 852 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 RESOLUTION APPOINTING JOANNE WATKINS AS ACCOUNTANT RESOLUTION NO. 323. 2002 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Accountant position has been vacant due to the temporary and then permanent appointment of Jennifer Switzer as Budget Officer, and WHEREAS, the Budget Officer advertised for candidates for the position, conducted interviews and has recommended that the Town Board authorize the provisional appointment of Joanne Watkins to the position of Accountant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Joanne Watkins to th the position of Accountant effective July 5, 2004 or the date thereafter that she commences her position as Accountant, on a provisional basis until such time as Ms. Watkins meets the Civil Service requirements for the Accountant position, and BE IT FURTHER, RESOLVED, that Ms. Watkins shall be paid an annual salary of $37,000 and shall be subject to a six (6) month probation period and the passing of a pre-employment physical, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 853 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 RESOLUTION AUTHORIZING HIRING OF MATTHEW BEAROR AS FULL-TIME LABORER FOR WASTEWATER DEPARTMENT RESOLUTION NO. 324. 2004 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Deputy Wastewater Director has advised the Town Board that there is a vacant full-time Laborer position in the Wastewater Department, and WHEREAS, the Deputy Wastewater Director posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended that the Town Board authorize the transfer of Matthew Bearor, currently employed in the Water Department, to the position of Laborer in the Town’s Wastewater Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Deputy Wastewater Director to hire Matthew Bearor, currently an employee in the Town’s Water Department, as a full-time Laborer in the Town’s Wastewater Department effective nd June 22, 2004 subject to an eight (8) month probationary period, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that Mr. Bearor be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Deputy Wastewater Director, Wastewater Director and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2004 by the following vote: 854 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY EMPLOYEE IN TOWN WASTEWATER DEPARTMENT RESOLUTION NO.: 325. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town’s Deputy Wastewater Director has advised that the Senior Typist in the Wastewater Department has submitted her resignation and therefore the Deputy Wastewater Director has requested the employment of a temporary employee to st work in the Wastewater Department from approximately July 1, 2004 through September th 30, 2004 or until such time as a new employee is hired in the Department, and WHEREAS, the Town Board has considered the Deputy Wastewater Director’s request and agrees that such temporary employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Deputy Wastewater Director to hire a temporary employee through Heber Associates to work in the stth Wastewater Department from approximately July 1, 2004 through September 30, 2004 or until such time as a new employee is hired in the Wastewater Department, and BE IT FURTHER, RESOLVED, that payment for such temporary employment services shall be paid by the Town of Queensbury directly to Heber Associates from the appropriate Wastewater Account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Deputy Wastewater Director and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. 855 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – th ABSTRACT OF JUNE 16, 2004 RESOLUTION NO.: 326. 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Abstract with a run date of June 16, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a th run date of June 16, 2004 numbering 24-255000 through 24-271800 and totaling $543,405.65, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION REFERRING APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET FOR ROBERT 856 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 MAHON D/B/A RPM ENTERTAINMENT TO TOWN PLANNING BOARD RESOLUTION NO.: 327. 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Robert Mahon d/b/a RPM Entertainment has applied to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to th hold the “Impact Car Show” on August 28, 2004 at The Great Escape and Splashwater Kingdom, Route 9 in the Town of Queensbury, and WHEREAS, in accordance with Queensbury Town Code Chapter 160, the Town Board must refer the application to the Town’s Planning Board for site plan review, and WHEREAS, following the Planning Board’s recommendation, the Town Board will review the application and take any other necessary action, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Queensbury Town Clerk to forward Robert Mahon d/b/a RPM Entertainment’s application for a Transient Merchant/Transient Merchant Market License as referenced above to the Queensbury Planning Board for site plan review and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be lead agency for SEQRA review of this project and directs that the Department of Community Development notify any other involved agencies of this designation. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 857 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 Discussion held before vote: Executive Director Round-This is a new project a new activity the Board refers it to the Planning Board and it goes through Site Plan Review they make a recommendation and it comes back to the Town Board issuance of a license. The Planning Board will review this in July. RESOLUTION AND FINAL ORDER ESTABLISHING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO.7 – SOUTHERN BAY ROAD CORRIDOR RESOLUTION NO. 328. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to extend the Central Queensbury Quaker Road Sewer District to include the southern Bay Road Corridor, to be know n as Central Queensbury Quaker Road Sewer District Extension No.7 (the “District Extension”); and WHEREAS, a Map, Plan and Report was prepared by Thomas W. Nace, P.E., an engineer licensed by the State of New York, regarding extending the Central Queensbury Quaker Road Sewer District to serve the southern Bay Road Corridor, including (a) the Baybrook Professional Park on the east side of Bay Road consisting of 12 approved office lots and 3 approved residential/professional building lots, (b) the Baybridge Townhouse development currently comprised of 14 attached Townhouses containing 64 dwelling units and 22 detached single family structures making a total community of 86 active housing units, (c) the 48 unit Baybrook Apartment complex on the north side of Walker Lane, (d) one individual residence presently utilizing on-site septic and (e) two commercial facilities presently connected to the existing sewer system as contract users (the Glens Falls Ballet Center on Bay Road and the Bay Meadows Golf Course on Cronin Road), such parcels bearing Tax Map No.’s: 296.58-1-49, 296.11-1-28, 296.15-1-27, 296.15-1-19 and 296.16-1-2, all as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report was accepted and filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the cost of the Map, Plan and Report was borne by Schermerhorn Construction LLC; and WHEREAS, the Map, Plan and Report includes (a) the boundaries of the proposed District Extension; (b) a general plan of the proposed sewer system; (c) a report 858 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 of the proposed method of operation; and (d) all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewersdeveloped and maintained pursuant to section 99-f of the General Municipal Law, and WHEREAS, on August 19, 2002 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the Sewer District Extension; (b) the improvements; (c) the maximum amount to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement was on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the District Extension; and (h) that all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the District Extension to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection; and WHEREAS, a Public Hearing on the District Extension was duly held on September 9, 2002 and the Town Board considered the evidence given together with other information, and WHEREAS, the Town Board considered the establishment of the District Extension in accordance with the provisions of the State Environmental Quality Review Act and adopted a Negative Declaration concerning environmental impacts, and WHEREAS, on September 9, 2002 the Town Board adopted Resolution No.: 349,2002, determining that (a) the Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; (b) all property and property owners within the District Extension will be benefited thereby; (c) all property and property owners benefited will be included within the limits of the District Extension; (d) it is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension No. 7 to the existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; and 859 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 (e) in accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended; and approving establishment of the District Extension subject to permissive referendum; and WHEREAS, the Town Clerk posted and published the notice required for Resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk filed the Certificate required to be filed in accordance with Town Law §209-e establishing that no such petition was filed requesting a referendum, and WHEREAS, the permission of the State Comptroller is not required pursuant to § Town Law 209-f, and WHEREAS, the Town wishes to adopt a Final Order establishing Central Queensbury Quaker Road Sewer District Extension No. 7, and WHEREAS, the Town wishes to establish the proposed Sewer Extension in accordance with Town Law Article 12A and consolidate it with the Central Queensbury § Quaker Road Sewer District in accordance with Town Law 206-a, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Queensbury Town Board hereby authorizes, approves and establishes the Central Queensbury Quaker Road Sewer District Extension No. 7 to the Central Queensbury Quaker Road Sewer District in accordance with the boundaries and descriptions set forth in Exhibit B of the Map, Plan and Report and authorizes the acceptance of the dedication of the sewer lines, mains, pump station and all appurtenances and equipment, and it is ORDERED, that it is the determination of the Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient. 2. An Agreement between the parties has been executed and filed in the Queensbury Town Clerk’s Office; 860 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 3. It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension No. 7 to the Central Queensbury Quaker Road Sewer District as it has been described in the Map, Plan and Report on file with the Town Clerk of the Town of Queensbury and as more specifically described in this Resolution; 4. The Extension benefits all property and property owners within the Extension; 5. All benefited property and property owners are included within the limits of the Extension; § 6. In accordance with 206-a of New York State Town Law, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended; and IT IS FURTHER, ORDERED, that: 1. The Queensbury Town Board hereby authorizes, approves and establishes Central Queensbury Quaker Road Sewer District Extension No. 7 to the Central Queensbury Quaker Road Sewer District in accordance with the boundaries and descriptions set forth herein and in the Map, Plan and Report. 2. The boundaries of the proposed Extension and benefited areas of the Central Queensbury Quaker Road Sewer District Extension No. 7 are to be as delineated in Exhibit B of the previously described Map, Plan and Report. 3. All proposed construction shall be installed and paid for by the Developer. 4. The method of apportioning costs is detailed in the Agreement between the Town of Queensbury and Schermerhorn Construction, LLC. The Extension will thereafter be consolidated with the Central Queensbury Quaker Road Sewer District and properties therein will be assessed taxes and/or pay user fees in the same manner and in the same amounts as similar properties are assessed or billed in the Central Queensbury Quaker Road Sewer District. 861 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 5. Except as detailed in the Agreement between the Town and Schermerhorn Construction, LLC, there will be no financing of the construction or installation cost for the proposed Sewer Extension and no amount shall be paid therefor by the Extension, the Town of Queensbury or the Central Queensbury Quaker Road District. § 6. In accordance with Town Law 206-a, it is in the public interest to assess all expenses of the District, including all extensions included heretofore or hereafter established, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended. 7. Expenses incurred after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Central Queensbury Quaker Road Sewer District and such assessments shall be made on a benefit basis and/or user charge basis. 8. The Map, Plan and Report describing the improvements and area involved is on file with the Queensbury Town Clerk and is available for public inspection. And it is, FURTHER ORDERED, that the Town Board hereby directs the Queensbury Town Clerk to make arrangements to record a certified copy of this Resolution and Order in the Warren County Clerk’s Office and send a certified copy of this Resolution and Order to the State Department of Audit & Control at Albany, New York, the Town Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the date of adoption of this Order, and it is FURTHER ORDERED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Deputy Wastewater Director and Budget Officer to take all other actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec 862 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY EMPLOYEE IN TOWN COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 329. 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town’s Executive Director of Community Development has advised that the Office Specialist in the Community Development Department will be out on disability for approximately six (6) weeks and therefore the Executive Director has requested the employment of a temporary employee to work in the Community ndth Development Department from approximately June 22, 2004 through August 6, 2004 or until such time as the Office Specialist is able to return to work, and WHEREAS, the Town Board has considered the Executive Director’s request and agrees that such temporary employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Executive Director of Community Development to hire a temporary employee through Heber Associates to work in the Community Development Department from approximately June ndth 22, 2004 through August 6, 2004 or until such time as the Office Specialist returns to work, and BE IT FURTHER, RESOLVED, that payment for such temporary employment services shall be paid by the Town of Queensbury directly to Heber Associates from the appropriate Community Development Account, and BE IT FURTHER, 863 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION OPPOSING STATE COMPTROLLER ALAN HEVESI’S PROPOSAL TO INCREASE 2004 CONTRIBUTIONS TO NEW YORK STATE EMPLOYEE RETIREMENT SYSTEM RESOLUTION NO.: 330. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury paid $173,284 more in the New York State Employee Retirement System (NYSERS) contributions in 2003 than in 2002 because of losses in the NYSERS Fund although local government did not cause or contribute to the losses in any way, and WHEREAS, New York State Comptroller Alan G. Hevesi has proposed increasing the contributions in 2004 by 11.5% for Tiers 1 and 2 and 6.6% for Tiers 3 and 4 payable in December 2004, and WHEREAS, such increases would require the Town of Queensbury to pay approximately $355,409 more in NYSERS contributions in 2004 than in 2003 or a 158.447% increase, further increasing the real property tax burden on real property taxpayers in the Town of Queensbury, and WHEREAS, such increases would also require the four (4) school districts located at least partially within the Town of Queensbury to pay more in NYSERS contributions, with the proposed figures for three (3) of those districts being as follows: Glens Falls City School $276,060 (184.965%) proposed increase 864 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 Lake George Central School $112,350 (154.966%) proposed increase Queensbury Union Free School $225,338 (69.859%) proposed increase and WHEREAS, NYSERS is 100% funded in 2004 without the proposed large increase in contribution rates, and WHEREAS, the unnecessarily substantial proposed increases would unduly burden Town of Queensbury real property taxpayers including the elderly, disabled and others living on fixed incomes, thereby putting them at risk of losing their homes at real property tax sales, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby expresses its strong opposition to New York State Comptroller Alan G. Hevesi’s proposed 2004 New York State Employee Retirement System (NYSERS) contributions but strongly expresses its support of Governor George E. Pataki’s alternate proposal for 6.5% NYSERS contributions in 2004 and periodic reductions thereafter, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward copies of this Resolution to the Warren County Board of Supervisors, New York State Association of Counties, Governor George E. Pataki, Senator Elizabeth Little, Assemblywoman Teresa Sayward, Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, and New York State Comptroller Alan G. Hevesi and further authorizes and directs the Town Supervisor and Town Clerk to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2004 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : Mr. Strough ABSENT: None Discussion held before vote: Councilman Strough-We have been through this before I think Alan Hevesi has a contention with Pataki’s plan, no one is happy about what they have to pay into the retirement plan but the bill has got to be paid, Alan says that Pataki’s plan will end up costing taxpayers more not this year because Pataki’s plan would be cheaper this year, but in the next three or four years Pataki’s proposal would actually cost taxpayers 865 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 more. He says he thinks it is unconstitutional the way he wants to propose it, so I will not back it. I think the facts are still out there whose plan is better I am not sure Pataki’s is the best plan. RESOLUTION SUPPORTING COLLECTION OF ONE-HUNDRED PERCENT (100%) SALES TAX ON ADMISSION CHARGE FOR AMUSEMENT OR THEME PARKS AND URGING GOVERNOR GEORGE PATAKI TO VETO LEGISLATION IMPOSING SALES TAX ON TWENTY-FIVE PERCENT (25%) OF ADMISSION CHARGE RESOLUTION NO.: 331. 2004 INTRODUCED BY: THE ENTIRE TOWN BOARD WHO MOVED ITS ADOPTION WHEREAS, in July 2003, the New York State Department of Taxation ruled that amusement or theme parks are to charge sales tax on the full price of admission, and therefore, The Great Escape Theme Park in the Town of Queensbury, Warren County, began charging sales tax on the full $33.99 admission price, and WHEREAS, the New York State Legislature adopted a Bill (Senate Bill S.6074 and Assembly Bill A.9822) which would instead impose a sales tax charge on only twenty-five percent (25%) of the admission price to any amusement or theme park located at a permanent location, and WHEREAS, if Governor George Pataki endorses such bills, the law will result in a reduction of revenue to Warren County by seventy-five percent (75%), and WHEREAS, Senator Elizabeth O’C. Little voted against Senate Bill S.6074 and Assemblywoman Theresa Sayward voted against Assembly Bill A.9822, as they recognized that passage of such bills into law would result in such loss of revenue for Warren County, and WHEREAS, the Warren County Board of Supervisors adopted a Resolution, by unanimous vote, urging Governor Pataki to veto such legislation, and WHEREAS, the Queensbury Town Board is also against such legislation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby urges Governor George Pataki to veto Senate Bill S.6074 and Assembly Bill A.9822 which impose a sales tax 866 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 charge on twenty-five percent (25%) of the admission price to any amusement park or theme park situated at a permanent location, and BE IT FURTHER, RESOLVED, that the Town Board further requests that the regulation imposed by the New York State Department of Transportation levying a tax on the entire charge for pay- one-price tickets be reinstated in the form approved in July 2003 so as to not reduce the estimated revenues which were anticipated by Warren County, the Town of Queensbury and its taxpayers, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to forward certified copies of this Resolution to the New York State Governor’s Office, Senator Elizabeth O’C. Little, the New York State Senate, Assemblywoman Theresa Sayward and the New York State Assembly. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-Thanked Mr. Strough for bring this to the attention of the Town Board…thanked the Board for unanimously moving this resolution. 8.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM The FLOOR NONE 9.0 ATTORNEY MATTERS NONE COUNCILMAN BREWER-Spoke about Economy Furniture Going out of business-last few weekends noted a number of signs depicting the sale have gone up all of the town…we have an ordinance … 867 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 EXECUTIVE DIRECTOR ROUND-We have not addressed that specific issue we will… TOWN CLERK DARLEEN DOUGHER-Noted that the Company has not received a license from the Town to go out of business. SUPERVISOR STEC-Thanked our sponsors Glens Falls National Bank and TV8 for taping the meetings. Reminded the public of our web site www.queensbury.net COUNCILMAN BOOR-Noted he was approached during Americade from some riders from out of Town, they said the nicest thing about our area is the roads, that speaks every highly of our highway department. I also received compliments on the brush pickup. For a long period of time they took a lot grief on different issues but I think when you look at them in total we have a really good service here in the Town. They maintain the roads well. SUPERVISOR STEC-Noted fewer complaints this year, the Highway Dept has done a great job and I know they were out there a lot longer this spring then they planned to be. 10.0 EXECUTIVE SESSION RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 332.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss personnel matters. st Duly adopted this 21. day of June, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 333.2004 868 REGULAR TOWN BOARD MEETING 06-21-2004 MTG. #27 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. st Duly adopted this 21 day of June, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None NO ACTION TAKEN RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 334.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. st Duly adopted this 21 day of June, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury