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2004-07-12 MTG30 Regular Town Board Meeting, 07-12-2004, Mtg #30 17 REGULAR TOWN BOARD MEETING Mtg #30 TH JULY 12, 2004 Res. #343-356 7:03 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Ralph VanDusen, Water/Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent Chris Round, Executive Director of Community Development Marilyn Ryba, Senior Planner Harry Hansen, Director of Parks & Recreation Doug Irish, Recreation Commission Chairman Jennifer Switzer, Budget Officer Mike Barody, Warren County Supervisor-At-Large PRESS: Glens Falls Post Star SUPERVISOR STEC called meeting to order…. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER CORRESPONDENCE DEPUTY TOWN CLERK BARBER read the following letter into the record: (letter on file in the Town Clerk’s Office) July 12, 2004 Queensbury Town Board 742 Bay Road Queensbury, NY 12804 To the Members of the Queensbury Town Board: It has come to my attention that Mr. Art Brown, resident of Glen Lake, has within the last month made alterations to his septic system without obtaining proper permits or inspections from the Town of Queensbury. As you should be aware , the primary goal of the Glen Lake Protective Association, according to its Constitution, is to insure the long-term health of the water quality of Glen Lake. Following the Glen Lake Watershed Management Plan, adopted by the Town of Queensbury in 1999, the proper installation and maintenance of septic systems within this Critical Environmental Are is paramount to insuring the water quality of Glen Lake. It is the responsibility of the Town to enforce proper procedures when they are not being followed. In this instance and in all cases, we ask the Town to adhere to its laws, rules, and regulations, and to enforce its laws, rules, and regulations to protect, in a timely manner, this fragile and vital resource, Glen Lake. The perception is that in this case the Town has not acted in a timely nor appropriate manner. The Glen Lake Protective Association asks that you act to rectify this immediately. Also, the Association asks for clarification of the protocol for obtaining enforcement of regulatory issues during non-work hours – that is, nights and weekends. Who or what agency can a citizen call to report an incident, get a response, and attain appropriate enforcement? Regular Town Board Meeting, 07-12-2004, Mtg #30 18 Respectfully, Paul Derby President, Glen Lake Protective Association DEPUTY TOWN CLERK BARBER noted that the June Monthly reports from Building & Codes, Solid Waste Management and Town Clerk have been received and filed… Also noted that a letter has been received from Senator Elizabeth Little stating that she has received Town of Queensbury Town Board Resolutions 317 and 331 of 2004 regarding the Volunteer Ambulance Workers and Volunteer Firefighters… INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE RECREATION COMMISSIONER DOUG IRISH – COMMUNITY CENTER UPDATE Mr. Doug Irish, Chairman of the Recreation Commission gave status report on the Queensbury Community Center Project and advised the board regarding the architectural firm, the property acquisition, projected costs and the plans for the facility. COUNTY SUPERVISOR AT-LARGE MICHAEL BARODY – MONTHLY REPORT Mr. Michael Barody, Supervisor-At-Large spoke to the Town Board regarding the following issues: The Warren County Public Health Department held a Tobacco Free Poster Contest among local fourth and fifth graders which developed a 2005 Calendar depicting some of the young artists and announced the winner, Miss Alexandra Belden, a fifth grader at Queensbury Middle School who also won first place for the State of New York and is traveling to Nationals for the Tobacco Free Poster Contest, so we congratulate her and wish her the best…. (submitted calendars to the Town Board and Town Clerk – on file in the Clerk’s Office) Warren County Youth Court, noted that the program has been in effect for the past five years, that the state has funded this program during that duration but will have to be funded locally to continue… Noted that it’s an important program to our youths and to our area, that forty percent of the youth involved are from Queensbury Schools… It was recommended at the county to fund twenty thousand and there are other monies being sought from the state but during budget time, I’ll be seeking funding from the Town for a portion of this program… (submitted brochures to the Town Board and Town Clerk - on file in the Town Clerk’s Office) DPW, noted that Supervisor Stec and I have been lobbying for the Corinth Road, West Mountain Road bike path and happy to report that we were able to accomplish the first step, the survey contract is now in the hands of County Employees for DPW and we hope to be following through on a survey for the bike path expansion for Corinth and West Mountain Roads… Hope to have that completed before the snow flies so when we go to the County Budget Meetings and look to put the money in place for the actual work to begin during the calendar year next year… ACC, reviewed some of the economic impacts that the college provides in the area noting that the college purchases about nine million dollars of goods and services in our community affecting a lot of Queensbury businesses. They have seven hundred and thirty workers who received $10.7 million dollars in salary and all that salary gets spent in our surrounding communities and Queensbury. Students, themselves spent over $21 million dollars and these are per annum figures so that’s $21 million dollars going into our local economy, that’s above tuition and books. Together, the impact of the college annually was almost $71 million dollars locally into the economy and this is, if you compare it to the budget which we all contribute to in Queensbury as a payer of County taxes, we’re sponsors of the college with Washington County so we’re paying the freight over there to a large degree, their annual budget is $18 million dollars. So, this was almost four times their annual budget coming back into the community in economic dollars. So, it’s a good economic bet for us to continue to support the college… Business to School Partnership, noted that a study was done by the Warren County Economic Development Council which is called the Adirondack Business to School Partnership and they studied many area businesses, queried them on their needs for employees and what the area is and Regular Town Board Meeting, 07-12-2004, Mtg #30 19 isn’t providing them. They also queried eight different school districts in the area and queried in each of the schools Freshman, Sophomore, Junior and Senior Classes and took a sampling of information from all of them. I think it gives us some feedback on where we need to drive the economic engine as we look at ahead to businesses that may locate in this area but I think it also as citizens gives us some feedback where we need to go with our school systems and what we need to keep in mind when we’re designing our programs and our curriculums in our school systems. One of the biggest, I think problems that they ran into from an employer’s standpoint was at that entry level, that there wasn’t enough people for entry level positions… Some of the issues that they came across was a bunch of variables in hiring and retaining new employees but some of the problems they were having were lack of work ethic, lack of desire, attitude, commitment. Only eighteen percent of Senior survey indicated they would seek work locally after graduation, that’s not very much of a work force coming out to businesses. We need to work on that a little bit…A significant finding in the study is the need for schools and businesses to collaborate to provide awareness for students about employment opportunities that are available. There were several recommendations that came out, businesses should sponsor more teacher in-service programs and provide company speakers for all age groups to speak in the schools more often and make students aware that they, even though these are entry level jobs, there’s a lot of career ladders available for them. Also, for the schools, they need to invite business people into the class rooms more and more, make the students and the teachers aware of the businesses in the area and the type of jobs that are in the area and what the needs of the businesses are… Recently I served on the school core planning committee, we developed core values that we wanted the kids to have in Queensbury at our schools for the next decade and then we developed a mission statement for the school that reflected those core values and I agree with the core values that we developed but there was one particular core value that, I think those of us from outside the school system pushed to try to make a core value and we were unsuccessful because you had to have complete agreement among the group to get a core value accepted and the reason I’m concerned about the one that we couldn’t get in there, is because it’s the one that’s showing up here as a deficiency in the workforce and that’s the work ethic. We wanted to see the school adopt as a core value that we needed to teach the kids that hard work and perseverance were attributes that they needed to develop within the school system as well as hearing it from the parents. I’m hoping that the school board will reconsider, I know it’s a live product and they’re still developing it… (submitted to the Town Board and Town Clerk ‘Report on Revitalizing the Regional Workforce’ – on file in the Town Clerk’s Office) OPEN FORUM 7:48 P.M. MR. PLINEY TUCKER, 41 Division Road-Questioned Resolution 7.1, ‘Resolution Authorizing Purchase Of Used Garbage Truck For Use By Town Highway Department’. COUNCILMAN BOOR-Noted that it was previously a garbage truck and will be used by the Highway Department predominately for the leaf pickup.. We see it as a labor saving device, will protect us with regards to injury and disability, the hydraulics will load it, pack it which will cut down on the numerous trips to the landfill… The cost is very reasonable and I think for anybody that utilized that service can appreciate that ten thousand dollars is not that much money. SUPERVISOR STEC-Noted that it will speed up the process, it was recommended by the safety committee and approved by the Fleet Management Committee. MR. TUCKER-Questioned Resolution 7.5, ‘Resolution Adopting SEQRA Negative Declaration Regarding Hiland Park/Meadowbrook Road Improvements’. SUPERVISOR STEC-Noted, that’s the Meadowbrook Recreation Park, they need a negative declaration for construction of park improvements including a ten car parking area, hiking trail and ski trails. MR. TUCKER-Referred to the discussions that have been held regarding the Queensbury School Tennis Courts and questioned the involvement of the Town? SUPERVISOR STEC-As you know, over the last twenty, twenty-five years the Town has held a great deal of its recreation programs at the school including tennis courts, tennis programs that they have instruction for and that’s why they’ve been lighted over the years. The school expressed a while back a desire to add courts, they needed to redo the existing courts and the town agreed with Regular Town Board Meeting, 07-12-2004, Mtg #30 20 that and agreed to pay a portion. The project migrated over time, we’ve had some turnover in people at both the town and school, recollections of recommendations as to how to split the costs was what was debated. Friday morning, four members of the Town and four members of the School did meet at Dr. Howard’s Office to discuss a suggestion that the school had for us to consider and following that meeting, I called all the Town Board Members to run by the proposal, in rough terms, it still needs to be refined and that’s where it is right now… It was a very positive meeting and what’s on the table is certainly more recreational venues at the school for potentially the same or maybe a little bit less money…. MR. TUCKER-Questioned whether Supervisor Stec was a member of the Warren County Tourism Committee? SUPERVISOR STEC-No, I am not. MR. TUCKER-Questioned why the County Supervisors feel they have to hire an outside consultant? SUPERVISOR STEC-Noted, the gist of what I’ve gathered from talking with the Supervisors, what they want to do is use, the purpose of the occupancy tax money was in part, to become also a seed source for attracting new people. So, they want to expand the draw to the County and they think they need to spend money in that area and some of that will require staffing and perhaps professional services. MR. TUCKER-Referred to the Town’s proposal of third party billing and questioned the hiring of a firm from Daytona Beach, Florida? COUNCILMAN BOOR-Noted, their biggest headquarters is in Florida but the office that will be dealing with is out of Suffern, New York. MR. TUCKER-Isn’t there someone local that’s been paying taxes and supporting these emergency services? SUPERVISOR STEC-No. The Town’s policy has always been, we do send out request for proposals to get the best bang for the buck for the taxpayer and when all other things are equal, we think we agree to keep it local but. COUNCILMAN BOOR-Actually, Tim and I sat on this committee and certainly Jennifer, the Budget Officer was very aware of the costs associated with each company and what they would provide but I think Tim and I looked first at the service, the relationship that we thought we would be able to foster and ultimately how successful we would be and I think we based our decision more on that and the beauty of it was, that not only was the company that we thought the best but they were also the most reasonably priced. FATHER ROBERT CLARK-(read letter into the record) I live at Glen Lake on the west side of Arthur Brown. Mr. Brown’s newly installed septic system was made out of cement block and installed less then fifty feet from the lakefront and less then twenty feet from his northern most neighbor’s well. We’ve talked with the previous owner of the building and he told us the original septic system was installed during his time of living there and was installed on the backside, the roadside of the corner of the house. The new septic system is much closer to the lake. The standing water in the driveway has tested positive for signs of sewage. A shed was installed on top of the garage. This is not only in violation of the code for expanding a building but it is also in violation of the code which limits two storage facilities on the property. Can you explain the zoning requirements for a four family apartment building on lakefront property? What size septic tank is required for a four family apartment building? Is a permit required for the installation and or repair of the septic tank? Was there ever a Certificate Of Occupancy granted for each apartment? If not, how can tenants be allowed to occupy the building? What is the length of time in which someone can leave building supplies and heavy equipment on this property, this type of property? Are you aware that many of these building supplies and all the heavy equipment have been on the property since approximately 1996? What action plan does the Town have to bring this property up to the community and zoning standards? Thank you. Regular Town Board Meeting, 07-12-2004, Mtg #30 21 MR. CHRIS ROUND, Executive Director-I personally have not been involved in the most recent investigation, enforcement action. I think Dan, you have directly with the Health Officer and Warren County Sheriff’s. I think many of the residents are well aware this has been a problem site, it’s something that we’ve been in court several times and every time an incident or an issue comes up, we seek remedy and the court applies the rules that it has to seek those remedies and sometimes that’s not always to our satisfaction or the public’s satisfaction. The most recent event, I was not a part of that but a report that excavation was occurring and a septic system was being either constructed or repaired. SUPERVISOR STEC-I’ll fill in from here. I was contacted, our Code Enforcement Officer involved in this project felt that there was an issue here that needed to be investigated. I believe this came up on his last day before he was going on vacation. We did contact the Town Counsel’s Office, Counsel’s Office researched the issue and determined what the most prudent and expeditious course would be for the Town as far as what venue, whether it would be Board of Health or Supreme Court Action… We are at County Court with the owners of this property, I believe, on another matter right now. Our Attorney suggested Board of Health, this was the Friday th before the long weekend for July 4, we contacted our brand new Health Officer and this was his th first site visit, we sent him out on Monday which was a Town Holiday, the 5 of July with a Sheriff’s Deputy and not to undermine the Town’s position, it’s safe to say that his findings had discrepancies with our Code Enforcement Officers findings. Tuesday morning when Town resumed work, we spoke with him and he told us that. We had scheduled a Board of Health meeting for our Wednesday Special Town Board Meeting, at that point based on the discrepancies between our medical doctor, Health Officer report and our long tenured Code Enforcement Officer, we felt that we needed to hold off until we had a chance to get a hold of our Code Enforcement person which he should be back from vacation today and I haven’t had a chance to talk with him yet. But we’ve been involved in some enforcement action over there. TOWN COUNSEL HAFNER-I thought that the Health Officer’s finding was that there wasn’t an eminent risk to the health. SUPERVISOR STEC-I stand corrected, there is a permitting issue but there was not something actionable by the Board of Health to warrant immediate action… We do have code enforcement issues regarding, is the setback adequate, not adequate… TOWN COUNSEL HAFNER-What permit should they have gotten and what do we have to do to check to make sure that things were done properly. SUPERVISOR STEC-And we will be pursuing that… MR. ROUND, Executive Director-The gentleman that just spoke said there’s coliform in the presence of a surface water body or a puddle that’s on the property and just so that there’s not a major concern about that, that’s not uncommon for coliform to be detected surface water or bodies, especially small or warmer bodies of water and it’s not necessarily an indicator of a septic leach but that’s not to say, the contrary is not true as well but we will have to look at that and react to that… If there is a question about a drinking water source, the drinking water source should be sampled, not the puddle so to make sure that we’re not allowing a drinking water problem to continue. SUPERVISOR STEC-It should be pointed out, just to try to complete my understanding of the time th line, last week, I believe it was Tuesday the 6 that we did receive another complaint that somehow maybe some of the spoils of the excavated material that was used to do this repair or replacement or whatever, in fact it was, was being dumped on the shoreline or in it or around Glen Lake. We did send two Code Enforcement people out to look at that and they did come back and state that they did not see that that had occurred or that there was a violation. MR. ROUND, Executive Director-I think there was stone materials that may have been placed but there wasn’t siltation in the lake, that it wasn’t an eminent environmental threat. MS. LINDA CLARK-(displayed several pictures of Mr. Brown’s property that’s she’s documented over the past 8 years and submitted to the Town Board pictures of Mr. Brown’s recent project) Noted, I live on Benmost Bur Lane, directly behind Mr. Brown… Since 1996 we have had ongoing problems, not only with Mr. Brown but with the Town as well… Questioned, why doesn’t Regular Town Board Meeting, 07-12-2004, Mtg #30 22 Queensbury match up with the Building and Codes standards and enforcement policies of surrounding communities… Why can’t the Town evict the occupants of the building since there are so many violations and the owner will not allow inspections to check out the conditions of the property? I understand he appears at the edge of the property and prevents people from going on it. As a matter of fact, this was the case the other day when the Code Enforcement Officials came out to look at the dumping into the lake. The reason why the code officials came up with a ‘no big deal’, is they didn’t see it from the lake. I took my canoe out, I took pictures, as you can see there is dirt that’s going into the lake, dirt and stone that was taken off the top of the septic, I watched them do it. (submitted pictures) What action plan does the Town have which enables a resident to call with a concern such as an illegal septic installation during hours in which the Town is not open such as weekends? I can’t tell you how many people I called and the run around I got on Sunday afternoon. I was very frustrated by the time I was done because I couldn’t get a single person including the Health Department, DEC, the Town, no one, I couldn’t get anyone out. SUPERVISOR STEC-The date? th MS. CLARK-The 25, June. Why did the occupants of the old casino which is also an apartment building get evicted because of a faulty septic tank but this does not happen with Mr. Brown? Why didn’t the Building Inspectors request a forced cleanup as did on another piece of property in West Glens Falls? … (submitted picture of site in West Glens Falls) How can Mr. Brown prevent the Town from inspecting a public apartment building? Does the Town understand the kind of precedence this is setting? .. Why were there so many extensions to the building permit granted when there was clearly a problem with Mr. Brown’s lack of compliance to codes? … What makes Mr. Brown exempt from complying by Town laws? … MR. PETER DINEEN, 65 Birch Road-(referred to pictures/paperwork that he submitted to the Town Board) As you can see in the first picture, right to the left is my well and the other side I got it tested and they found ecoli and everything else, I got it done at the Queensbury Water Department and I got my water tested, my drinking water and they said it was fine but they said with this issue next door, get it checked monthly. That’s what he told me and living in Queensbury, we shouldn’t have to deal with that, positively. SUPERVISOR STEC-I agree. MR. DINEEN-Hopefully, something can be done about it, it’s frustrating, it’s aggravating and it should not happen here. Thank you. SUPERVISOR STEC-Chris, I know there’s been numerous enforcement attempts or actions taken on this property over the years, have any of them before now been beyond Town Court? MR. ROUND, Executive Director-The Town’s had enforcement action at various levels of court for different projects depending on the severity of the violations or it’s success in a particular jurisdiction. This particular individual has been cited and has also served jail time so the Town has not been inactive… I want to make sure for the general public, so it’s not that we have not tried, I think we have not been as successful as we’d like to be and we haven’t been successful for the public’s benefit as well. I think the point tonight is that you do need an action plan, you do need to identify, here’s a series of things that we want to do in order to bring these particular violations into compliance and if you’re not successful, you need to be able to demand the highest authority and the severest level of punishment, if that’s your desire as policy makers of the Board cause you’re the ones that sets policy. COUNCILMAN BOOR-We do take this seriously, we are going to do something and I know Cathi Radner has been the one that I believe has handled this for the most part, Bob you can probably speak to our options and procedures. Do we want this to take as long as it has taken? Absolutely not but there’s rules, there’s schedules and I think that’s what we’re dealing with here. TOWN COUNSEL HAFNER-It’s very unusual for someone to have gone to jail for the types of things like this. Courts don’t like to do that. The fact that that’s one of the things that we did get against him shows how seriously the Town has tried make this property owner comply with the Town’s regulations and the Town Board has been consistent in saying Town, let’s do all the things that we can to bring him and his property into compliance…. And this is a person who continues to test the Town’s boundaries and the failure to get the right permits, we will proceed in court but Regular Town Board Meeting, 07-12-2004, Mtg #30 23 when the public health officer says that it’s not an eminent thing, we didn’t have what would let us go in that day and take action, we have to go the regular route. MR. RON DUFOUR, 440 North Street, Middletown Springs Vermont-I was born and raised in South Queensbury back in 1955, when I became sixteen years old I joined the Fire Company. I’m going actually the second decade and we’ve got a third generation coming up and we’re working on the fourth and I heard there’s a lot of stuff going on about the fire company and I was wondering what your ideas are? … If they do away with that fire company and my mother has a problem, who is going to be here, how long is it going to take? My son lives a couple of streets over, how long is it going to be if his house is on fire? If you have a personal vendetta with somebody, or if there’s an audit problem, they ought to straighten it out with those people. Don’t take the whole community’s safety in harms way. I heard there’s a rumor they might contract with the City of Glens Falls, if they do or if they’re looking at it, why don’t they contract with the City to handle part of West Glens Falls, part of Central and part of South? … My way of seeing this thing is if the Town hired one chief to run all the departments, if you’re talking about consolidation and hire not within the Town so there’s no vendettas, have him be in charge of all the fire apparatus in the Town and then he would take and he would call whatever he needed for the fire… If that Fire District is too small, why don’t they increase it? The fire company has been there for fifty, fifty-five years now all of sudden they’re talking about doing away with it… COUNCILMAN BREWER-Let me just say one thing, Ron, I appreciate what you’re saying and you coming forward about the situation because as of right now, it’s nothing but rumors. We have not talked to the company, we anticipate we will talk to the company and we are going to. As Dan has stated many times, we don’t want to put rumors out there, we want to wait until we talk to the companies and we’re looking at everything. You mentioned consolidation, maybe that’s what we’ll do, we don’t know yet. We looked at EMS last year and we’re going to look at it again this year, I think that’s incumbent upon us to do that… We want to utilize what we have for the least amount of money and give us the best protection that we have… We want to provide the best service we can provide and maintain the best level of service that we have for the best price that we can. We got a proposal from the City to operate that, don’t know where it came from, we didn’t ask for it, we received it today… MR. DAVE MCGOWAN, 48 Birch Road-Referred to the Art Brown Property discussion and continued Ms. Clark’s comments with one final question. In what form are you going to provide the answers to her list of questions? She’d really like to see that in writing. SUPERVISOR STEC-If we can get her questions in writing, they’ll be responded to in writing. MR. MCGOWAN-I just had one additional question, the statement was made that we had our Medical Safety Officer on site and he made the statement there was no eminent threat to public health, what criteria did he use to make that statement? If you can’t see or inspect the septic because of the piping, etcetera, it’s underground, if you can’t get into the property to do a physical visual of what he’s got installed, I don’t know understand how you can really make a statement at all. COUNCILMAN BOOR-We’re going to look into that… It’s not going to go away, we’re going to get to the bottom of this. SUPERVISOR STEC-We will proceed and we will get answers to these questions because they’re some very good questions in here. MR. MCGOWAN-Will that be in writing? SUPERVISOR STEC-If it’s asked for in writing, it gets a written response… th MR. DON SIPP, Courthouse Drive-Referred to the June 14 Town Board, Planning Board Workshop Meeting at which time it was stated that the board would meet with Lew Stone, Craig MacEwan and Chris Round to determine the Town’s next steps in response to the request by the Planning Board for a moratorium. Questioned whether there’s a proposed meeting and proposed committee? Regular Town Board Meeting, 07-12-2004, Mtg #30 24 MR. ROUND, Executive Director-That meeting, or committee to be established has not been completed because of some other issues but we’ve drafted some criteria for a meeting and a mission statement and select attendees which will go to the Supervisor for his review in the next day or so… SUPERVISOR STEC-One of the mitigating circumstances that Mr. Round I believe is referring to, is his own unfortunate from the Town’s perspective but hopefully fortunate announcement revelation from his perspective that he would be leaving the public sector to go to the private sector locally doing the same profession that he’s accomplished himself here in the last seven years. While it’s perhaps premature since I believe we’ve got him for another couple three weeks, I want to publicly state how much I personally appreciated Chris’ professionalism on the job, his personal assistance to me in raising my own level of knowledge… He’ll be sorely missed, I’m sure I speak on behalf of the whole Board but he’s done, in my opinion a fantastic job walking the razor wire that is Queensbury Community Development and Code Enforcement…. MR. SIPP-Before I go on, as a member of the public who has dealt with the Planning Board and the Planning Department, I would echo your comments. Chris has always been helpful to me, whenever I had a problem or wanted to know something, I knew I could get the answer so I am also very sorry to see him leave. Good luck. Mr. Strough made a statement that he would like to see some citizens included in this committee… I strongly recommend that we put some citizens on that committee, one that have no political ties, two that are not lawyers or developers or related to them and people who have children in the schools… Lets have some neutral people… The build-out analysis, is it available to the public? SUPERVISOR STEC-It’s in draft form right now, I imagine we’ll be getting a presentation here in the next couple of weeks. MR. ROUND, Executive Director-I think several weeks away but it will be available. MR. SIPP-Questioned whether the person taking Mr. Round’s place had been hired? SUPERVISOR STEC-No but we did place an ad in this past weekend’s Albany Times Union and it’s also located on a couple of websites… Town Board will be meeting with Chris later in Executive Session, and one or two others that are involved in helping us in this process as to what direction we’re going to go from here… We are looking at the potential of one or two people, we were considering one person before Chris announced his departure so I think unless I’m mistaken or unless we change our minds, I think we’re talking about two positions down there, a replacement for Chris’s position and perhaps an additional person… MS. BETTY MONAHAN, Sunnyside-Recommended that the Town Board make it a top priority on their agenda to reply to the Planning Board’s concerns and give them the information they need when they’re dealing with some of these projects and secondly to restructure the Community Development Department. Referred to Mr. Strough’s suggestion relative to the MR5 Zone or Professional Zone, I reviewed that, it is very poorly written and I appreciate John and also Roger bringing that to our attention. We have known for a long time that there are a lot of those regulations need to be rewritten, some of them are not very clear, some of them are not appropriate according to the development that’s occurred in the Town. Society are moving in a very rapid pace and certainly development here is moving in a very rapid pace. I think this is something that you cannot drag your feet on… The State of New York had a Smart Growth Conference in May, I just have the early registration list in which several communities had registered, I did not see anyone from the Town of Queensbury. Did anyone from the Town Board, Community Development or the Planning Board attend that conference? COUNCILMAN BREWER-I believe not. COUNCILMAN STROUGH-I’ve been to a lot of Smart Growth Meetings but not that conference. MS. MONAHAN-As planning changes so rapidly nowadays, I think all the information that we can get relative to planning and the new things, like walking communities, trying to interconnect subdivisions, getting away from the use of the cars are all things that we need to keep up to date with…. Requested that Resolution 7.6, ‘Resolution Authorizing Engagement Of Joy, McCoola & Zilch, Architects And Planners, P.C. To Provide Architectural And Engineering Services Regular Town Board Meeting, 07-12-2004, Mtg #30 25 Concerning Design And Construction Of Town Community Center’ be read in its entirety so that we know what the scope of their work is going to be… OPEN FORUM CLOSED TOWN BOARD DISCUSSIONS 8:52 P.M. COUNCILMAN STROUGH-Referred to letter received from Bill Logan, Regional Traffic Engineer for the State of New York Department of Transportation and read the following: We understand and agree with the importance of this bridge, referring to the pedestrian bridge over Route 9, for the safety and efficiency of the flow of Great Escape patrons from the parking area on the west side of Route 9 and Theme Park on the east side. They understand and agree with the importance of the pedestrian bridge. The Department will issue a highway work permit for the construction of the pedestrian bridge and a use and occupancy permit for the right to have and maintain the pedestrian bridge within the state highway right-of-way. SUPERVISOR STEC-That was in response to a letter that I sent expressing the importance of, as we’ve been talking about, the pedestrian bridge. COUNCILMAN STROUGH-Reviewed the upcoming events of the Senior Citizens Calendar… Referred to brochures found at the Warren County Municipal Center in the Tourism Department of different businesses promoting their businesses with a location listed as Lake George or Glens Falls where in fact they’re located in the Town of Queensbury… Would like to see them state that they’re in the Town of Queensbury. Aviation Mall and Suttons proudly announce that they’re located in Queensbury… Reviewed the calendar of events for the Band Concerts… Reviewed the Highway Department’s priority repaving list for Ward 3… Noted that he and Marilyn Ryba attended a Stormwater and Smart Growth Workshop and reviewed an idea learned regarding stormwater drainage in parking lots, where some communities make depressions of vegetated islands rather then raised bed islands allowing the drainage to drain into vegetated islands… Referred to the Professional Office Zone and noted that the Town Board will be conducted a Monday night Workshop on that topic. COUNCILMAN TURNER-My comment is that I hope everybody sitting at this table heard what Mr. Dufour had to say tonight about South Queensbury Fire Department and the consideration of the safety of lives down there as he stressed… COUNCILMAN BOOR-One informative or corrective thing, then another cautionary one. I think it was in the Post Star or at one of our meetings, it was suggested or eluded to that the tennis courts were a budgetary issue and the public should realize that property taxes and sales taxes do not fund recreation in the Town of Queensbury. Developers do, they pay fees when they build their subdivisions, their projects, what have you and that money goes into a fund that can only be used for recreational needs. So, it shouldn’t be construed or thought that we can just use that money anywhere we want, it has to go for recreation… One issue that I’ve been kind of beating a drum on, and unfortunately I think I might be right on is the effect of our construction within the Town of Queensbury. As Chris pointed out we did get a draft that shows different scenarios of build-out and it’s important to understand that they are different scenarios. Some of the methodology is a little esoteric for laymen and I’ll be the first to admit I’m not quite sure how it works but I can look at an x, y portion of a graph and see where things intersect and some of those graphs give me serious concern as to where we’re heading for our school population should the trends continue the way they are. Certainly we, as a Board and the School will be brought up to speed and educated by Stu and other members of the Chazen Group in this upcoming meeting but there wasn’t anything in this report that lead me to believe that it’s good news… SUPERVISOR STEC-Announced that the Professional Office Zone discussion is scheduled for next Monday’s Town Board Workshop agenda… The Tennis Courts at the school, we did have a productive meeting, it is preliminary and we need to get the rest of the story, the rest of the numbers but it looks like it may very well be shaping up to be a win-win. Perhaps our stubbornness and perhaps pigheadedness may have paid off for everybody involved and I will say that it’s a two way street and communications probably could have been better over the last couple of years between the Town and the School and I think that’s an important lesson that I’ve learned and I’m sure others have learned. So, if nothing else came from this I think our communications between Town Hall Regular Town Board Meeting, 07-12-2004, Mtg #30 26 and the School will be better… South Queensbury Fire Department, we had a question from Mr. Dufour this evening and at this point we have not proposed or discussed anything with South Queensbury Fire or any other Fire Company formally for that matter. Clearly we have to balance public safety with costs… We need to do some more discussion, we need to have some discussions with various fire companies to discuss the issues that are before us. Some of the things we would be irresponsible to not address and we will be addressing them. What the final outcome will be, largely depends on the public and the fire companies and the level of cooperation that the Town Board can muster with the public and the fire companies. Clearly Queensbury has been criticized as long as I can remember for fire department spending. I’m not sure that I personally agree or disagree with all the criticism. Some of them are probably fair, some of them I thought over the years, personally that they were unfair. However, my engineering background, I’m a numbers guy and I believe that we should try to run ourselves like a business. We’re not going to willingly sacrifice anyone’s safety, that’s clearly the farthest thing from our mind but we do owe it to the public to make sure that we are watching the pennies in a responsible manner and some in cases, the dollars. The Town’s current five fire companies’ contracts are all good through the end of this year. I’ve been trying to seek as much neutral qualified expert opinions from the insurance world, the fire protection world, the accounting world as I can muster to make sure that any decisions or any proposals that the Town make are reasonable and are prudent so that we don’t jeopardize anyone’s fire protection. I do think that the Town has a first class fire protection program in place. I do believe there’s significant dollars to be saved without impacting fire safety… COUNCILMAN STROUGH-Noted that he spoke with Tom Isabella, the public service commission for cable TV. For the public, our contract will be up in two or three years depending on whose contract you’re reading, and there’s some interesting options that we have and there’s a lot of options that I’ve learned that we don’t have. So, it’s an interesting relationship but as I learn more, I’ll share that with the public but I’m starting to do my homework now. RESOLUTIONS 9:10 P.M. RESOLUTION AUTHORIZING PURCHASE OF USED GARBAGE TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 343, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Deputy Highway Superintendent has requested Town Board approval to purchase a used 1992 Mack garbage truck in good condition from William H. Clark Municipal Equipment Co. to assist with the Town’s waste pick-up program for an amount not to th exceed $9,830, as delineated in the Deputy Highway Superintendent’s July 6, 2004 Memorandum to the Town Board presented at this meeting, and WHEREAS, the Town’s Purchasing Agent has recommended approval of this transaction, and Regular Town Board Meeting, 07-12-2004, Mtg #30 27 WHEREAS, the Town’s Fleet Committee reviewed the proposed purchase and has recommended approval of this transaction, and WHEREAS, the Town Board feels that the proposed purchase would help improve safety conditions for the Town’s Highway Department employees, plus the increased capacity of the truck will help the Department to save time, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Deputy Highway Superintendent’s purchase of a used 1992 Mack garbage truck from William H. Clark Municipal Equipment Co. for an amount not to exceed $9,830 to be paid for from Account No.: 04-5130- , 2040and BE IT FURTHER, RESOLVED, that such purchase will increase the size of the Town’s fleet by one, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Deputy Highway Superintendent, Purchasing Agent, Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING APPOINTMENT OF SANDRA JARVIS AS SENIOR ACCOUNT CLERK IN WASTEWATER DEPARTMENT RESOLUTION NO. :344, 2004 INTRODUCED BY : Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Senior Typist in the Wastewater Department recently submitted her resignation and by Resolution No.: 325.2004, the Town Board authorized the hiring of a temporary Regular Town Board Meeting, 07-12-2004, Mtg #30 28 employee through Heber Associates to work in the Wastewater Department until such time as a new employee could be hired in the Wastewater Department, and WHEREAS, the Wastewater Deputy Director posted availability and reviewed the current Warren County Civil Service List for a Senior Account Clerk position, reviewed resumes and interviewed interested candidates, and WHEREAS, the Wastewater Deputy Director has recommended that the Town Board authorize the appointment of Sandra Jarvis as Senior Account Clerk, as Ms. Jarvis is presently listed as #2 on the Warren County Civil Service List for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Sandra Jarvis as full-timeSenior Account Clerk, a CSEA competitive position, in the Town’s Wastewater Department at the rate of pay delineated for the position in the Town’s Agreement with CSEA, to be paid from the appropriate payroll account, and BE IT FURTHER, th RESOLVED, that this appointment shall be effective July 13, 2004 or the date thereafter that she commences her position as Senior Account Clerk, and shall be subject to successful completion of an eight (8) month probation period, a pre-employment physical as required by Town Policy and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Budget Officer, Wastewater Director and/or Deputy Director to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF EDWARD AND THOMAS O’CONNOR, INC. TO PROVIDE CONSTRUCTION SERVICES CONCERNING TOWN OF QUEENSBURY SOFTBALL FIELD IMPROVEMENTS AT RIDGE/JENKINSVILLE PARK Regular Town Board Meeting, 07-12-2004, Mtg #30 29 RESOLUTION NO.: 345, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Director of Parks and Recreation requested proposals from construction firms to provide softball field improvements at the Ridge/Jenkinsville Park site, and WHEREAS, one proposal in the amount of $179,500 was received from O’Connor Construction Co., Inc., and subsequently reviewed by the Town’s Director of Parks and Recreation, Landscape Architect Jim Miller and discussed with the Town’s Recreation Commission, and WHEREAS, it was the consensus that the sole bid amount was significantly higher than anticipated and that this amount could be negotiated lower with the sole bidder by making a few insubstantial changes in the project’s scope, and WHEREAS, a meeting with the sole bidder was conducted where the price was decreased, and WHEREAS, O’Connor Construction Co., Inc., has agreed to provide the services outlined in the reduced scope of the project for an amount not to exceed the lump sum of $114,371, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Edward & Thomas O’Connor, Inc., to construct field improvements to the four (4) Ridge/Jenkinsville Park softball fields including site clearing, grading, installing a 10 foot deep warning track surface and hydro seeding the newly created outfield areas for an amount not to exceed the lump sum fee amount of $114,371 as recommended by the Town’s Director of Parks and Recreation, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from the Ridge/Jenkinsville Park Improvement Project Account No.: 138-7110-2899, and BE IT FURTHER, Regular Town Board Meeting, 07-12-2004, Mtg #30 30 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary forms or agreements related to this project and further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR FORD F-350 PICK-UP TRUCK FOR USE BY TOWN PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 346, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Director of Parks and Recreation has advised the Town Board that his Department wishes to purchase a 2004 Ford F-350 4x4 Pick-up Truck for use by the Parks and Recreation Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request to replace a similar vehicle and such proposed purchase has been budgeted for in the 2004 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract Group No.: 40560, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Parks and Recreation Director’s purchase of a 2004 Ford F-350 4x4 Pick-up Truck for use by the Parks and Recreation Department from Van Bontel Ford, Inc., in accordance with New York State Contract Group No.: 40560 for an amount not to exceed $24,664 to be paid for from funds budgeted in 2004, from Account No.: 01-7110-2020, and Regular Town Board Meeting, 07-12-2004, Mtg #30 31 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Parks and Recreation Director, Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION REGARDING HILAND PARK/MEADOWBROOK ROAD IMPROVEMENTS RESOLUTION NO.: 347, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 502, 2003 the Queensbury Town Board authorized establishment of Capital Project Fund #142 to fund expenses associated with parking lot development, design and construction of hiking trails and fishing access sites at the Hiland Park property, and WHEREAS, the Town Board wishes to conduct a State Environmental Quality Review Act (SEQRA) review of such park improvements as well as future park improvements to include, but not be limited to, construction of a 10 car parking area, development of approximately one mile of hiking/cross-country ski trails, and creation of fishing access sites along Halfway Brook and a small bridge structure, and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential Regular Town Board Meeting, 07-12-2004, Mtg #30 32 environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a SEQRA Negative Declaration and authorizes and directs the Town Clerk's Office and/or Parks and Recreation Department to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. th Duly adopted this 12 day of July, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None AFTER INTRODUCTION OF RESOLUTION AND BEFORE VOTE: Mr. Round, Executive Director lead the Town Board through the following Short Environmental Assessment Form, Part II: NO A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: C1, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, NO drainage or flooding problems? C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural NO resources; or community or neighborhood character? C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or NO threatened or endangered species? C4, A community's existing plans or goals as officially adopted, or a change in use NO of intensity of use of land or other natural resources? C5, Growth, subsequent development, or related activities likely to be induced by NO the proposed action? Regular Town Board Meeting, 07-12-2004, Mtg #30 33 NO C6, Long term, short term, cumulative, or other effects not identified in C1-C5? C7, Other impacts (including changes in use of either quantity or type of NO energy)? D. Will the project have an impact on the environmental characteristics that caused the NO establishment of a CEA? E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO Mr. Round, Executive Director-Part III is the Determination of Significance and Negative Declaration, and you have one prepared by Counsel in front of you. (vote taken) RESOLUTION AUTHORIZING ENGAGEMENT OF JOY, MC COOLA & ZILCH, ARCHITECTS AND PLANNERS, P.C. TO PROVIDE ARCHITECTURAL AND ENGINEERING SERVICES CONCERNING DESIGN AND CONSTRUCTION OF TOWN COMMUNITY CENTER RESOLUTION NO.: 348, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Recreation Commission requested proposals from professional architectural firms to provide architectural and engineering services for the design and construction of a community recreation center, and WHEREAS, nine (9) proposals were received and reviewed by a selection committee including the project consultant, Recreation Commissioners and Department of Parks & Recreation staff, and the Recreation Commission has recommended engagement of Joy, McCoola & Zilch, Architects and Planners, P.C., to provide the requested services for an amount not to exceed a lump sum fee of $897,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Joy, McCoola & Zilch, Architects and Planners, P.C., to perform architectural and engineering services as outlined in the Request for Proposals and as further delineated in the Joy, McCoola & Zilch proposal dated May 13, 2004 and presented at this meeting for an amount not to exceed the lump sum fee of $897,000 as recommended by the Town’s Recreation Commission, and BE IT FURTHER, Regular Town Board Meeting, 07-12-2004, Mtg #30 34 RESOLVED, that expense for this project shall be paid for from the Queensbury Community Center Project Account No.: 144-7110-4403, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an agreement with Joy, McCoola & Zilch, Architects and Planners, P.C., in a form acceptable to the Town Supervisor and Town Counsel, which Agreement shall provide that if the community recreation center or its financing is subject to referendum, the amount to be paid to Joy, McCoola & Zilch shall not exceed $135,000 unless and until such referendum is passed successfully, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING ELECTRIC POWER SALE SUPPLY AGREEMENT RENEWAL OFFER BETWEEN TOWN OF QUEENSBURY AND NYSEG SOLUTIONS, INC. RESOLUTION NO.: 349, 2004 PULLED INTRODUCED BY: Mr. Roger Boor WHO MOVED IT’S ADOPTION SECONDED BY: Mr. Tim Brewer Ms. Jennifer Switzer, Budget Officer and Town Board held discussion as to whether the Town is seeing a savings and agreed to pull resolution until further review. RESOLUTION AUTHORIZING PARTICIPATION ON THE CAPITAL DISTRICT URBAN/TECHNICAL SEARCH AND RESCUE TEAM RESOLUTION NO.: 349, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION Regular Town Board Meeting, 07-12-2004, Mtg #30 35 SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury recognizes the need to prepare for natural and manmade disasters and recognizes the need for trained technical rescue specialists, and WHEREAS, the New York State Department of State Office of Fire Prevention and Control provides the coordination, funding, training and administrative support for the Capital District Urban/Technical Search and Rescue Team (UTSAR Team), and WHEREAS, the UTSAR Team is an urban search and rescue team formed in accordance § with General Municipal Law 209-bb to provide qualified rescue specialists and specialized rescue equipment readily available for rapid assembly and deployment to the scene of an emergency, and WHEREAS, the UTSAR Team members have received specialized training and equipment to respond to specialized technical rescue situations, and WHEREAS, the Town of Queensbury wishes to continue its membership on the UTSAR Team and supports the participation of its volunteers in the training and deployment of the UTSAR Team, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs volunteers of the Town of Queensbury to act on behalf of the Town of Queensbury by participating as members of the UTSAR Team and to complete and maintain the necessary training and deployment of the UTSAR Team under the coordination of the New York State Department of State Office of Fire Prevention and Control, and BE IT FURTHER, RESOLVED, that in accordance with the applicable provisions of General Municipal Law § 209-bb, the Town of Queensbury agrees to provide defense and indemnification coverage in § accordance with Public Officers Law 18 and/or other defense and indemnification coverage provided by the Town of Queensbury Fire District and Workers’ Compensation coverage in accordance with applicable provisions of the Workers’ Compensation Law or benefits in accordance with applicable provisions of the Volunteer Firefighters Benefits Law for such volunteers while participating on the UTSAR Team, and BE IT FURTHER, Regular Town Board Meeting, 07-12-2004, Mtg #30 36 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documents in connection with this Resolution and further authorizes and directs the Town Supervisor to send certified copies of this Resolution to Bryant Stevens, Chief, Special Services Bureau, New York State Department of State, Office of Fire Prevention and Control, 41 State Street, Albany, New York 12231 and to each Fire Chief of the Town’s five Volunteer Fire Companies and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2004 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF KEVIN MULCAHY AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 350, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Town Board that there is a vacant full-time Laborer position in the Water Department, and WHEREAS, the Water Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended that the Town Board authorize the transfer of Kevin Mulcahy, currently employed as a temporary Laborer in the Highway Department, to the position of full-time Laborer in the Town’s Water Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Water Superintendent to hire Kevin Mulcahy, currently employed as a temporary Laborer in the Town’s th Highway Department, as a full-time Laborer in the Town’s Water Department effective July 19, 2004 subject to an eight (8) month probationary period, and BE IT FURTHER, Regular Town Board Meeting, 07-12-2004, Mtg #30 37 RESOLVED, that the Town Board further authorizes and directs that Mr. Mulcahy 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, Water Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2004 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 351, 2004 INTRODUCED BY: Mr. Tim Brewer 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, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 01-1990-1002 01-8010-1606-0002 1,820. (P.R. Contingency) (Zoning Enforcement, OT) 01-1990-1002 01-8010-1915-0002 1,120. (P.R. Contingency) (Zoning/OS/OT) Regular Town Board Meeting, 07-12-2004, Mtg #30 38 WATER FROM: TO: $ AMOUNT: 040-9950-9030 040-9710-6010 119,662. (Transfer Cap. Proj.) (P.B. Payment) 040-9950-9030 040-9710-7010 79,054. (Transfer Cap. Proj.) (Bond Int. Payment) th Duly adopted this 12 day of July, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – th ABSTRACT OF JULY 8, 2004 RESOLUTION NO.: 352, 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 presented as th the Abstract with a run date of July 8, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run th date of July 8, 2004 numbering 24-294600 through 24-306700 and totaling $581,011.19, 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. th Duly adopted this 12 day of July, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Regular Town Board Meeting, 07-12-2004, Mtg #30 39 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO CREATE AN UNDERGROUND UTILITIES OVERLAY DISTRICT RESOLUTION NO.: 353, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2004 to amend Queensbury Town Code Chapter 179, “Zoning,” Article 4 entitled "Schedule of Regulations" by adding a new section 179-4-110 entitled “Underground Utilities Overlay District,” to create an Underground Utilities Overlay District in the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, July 26, 2004 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2004 in the manner provided by law. th Duly adopted this 12 day of July, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Regular Town Board Meeting, 07-12-2004, Mtg #30 40 BEFORE VOTE: Town Counsel Hafner-Would like to raise two issues, this draft is for your consideration and one there’s a blank in it, in C that says include all properties located within X feet of the following roads and I think that was something that was for your discussion. Also, you went back and forth with whether or not to include Bay Road. This doesn’t have Bay Road in there, I just wanted to bring it up one last time, if that was something that you were interested in. Town Board held discussion, no decision made and agreed to discuss further… (vote taken) ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM FLOOR - NONE ATTORNEY MATTERS Town Counsel Hafner-Referred to the proposed Diesel Truck Idling Local Law and noted that he will have a draft prepared and distributed to the Town Board this week for their review and consideration at the next Regular Town Board Meeting… RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 354, 3004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT’S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss personnel matters. th Duly adopted this 12 day of July, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO.: 355, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT’S ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enter Regular Session of the Town Board. th Duly adopted this 12 day of July, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer Regular Town Board Meeting, 07-12-2004, Mtg #30 41 NOES: None ABSENT: None RESOLUTION TO ADJOURN REGULAR TOWN BOARD MEETING RESOLUTION NO.: 356, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT’S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. th Duly adopted this 12 day of July, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY