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2005-05-02 MTG 21 Regular Town Board Meeting, 05-02-2005, Mtg #21 271 REGULAR TOWN BOARD MEETING MTG #21 ND MAY 2, 2005 RES. #217-227 7:05 P.M. BOH RES. #12 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Marilyn Ryba, Executive Director of Community Development Ralph VanDusen, Water/Wastewater Superintendent Jennifer Switzer, Budget Officer Jack LaBombard, Recreation Commission Member PRESS: Glens Falls Post Star SUPERVISOR STEC called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STROUGH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 217, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED 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 as the Queensbury Board of Health. nd Duly adopted this 2 day of May, 2005 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None BOARD OF HEALTH SUPERVISOR STEC-We had one resolution to approve the Sewage Disposal Variance Application of Robert and Victoria Glandon. They did contact the Town late this afternoon through their agent and Caroline could you read that into the record. DEPUTY TOWN CLERK BARBER read the following: Regular Town Board Meeting, 05-02-2005, Mtg #21 272 DATE: May 2, 2005 TO: Dan Stec, Supervisor Town of Queensbury FROM: Dennis MacElroy RE: Board of Health Variance Glandon – 63 Knox Road Dan… on behalf of Bob and Vicki Glandon, applicants for the referenced variance I respectfully request that any action on the proposed variance resolution be tabled to a future Board of Health session. Mr. Glandon became aware late this morning of the specific language of the proposed conditions of the resolution and would like the opportunity to review the implications of their inclusion. Thank you for your assistance on this issue SUPERVISOR STEC-I think the Board is in agreement that we can pull this to a later date. TOWN COUNSEL HAFNER-I did hear from Jon Lapper who was hired to represent them, he called me this afternoon and was hired late Friday afternoon. He discussed some things, I guess there’s a way that they could do the septic so that it wouldn’t take any variance at all but it would take tearing down some pine trees. SUPERVISOR STEC-Okay, I think the ball is back in the applicant’s court. RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 12, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED IT’S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourn from session and enter Regular Session of the Town Board of the Town of Queensbury. nd Duly adopted this 2 day of May, 2005 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION CORRESPONDENCE – NONE INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE PRIVILEGE OF THE FLOOR 7:11 P.M. MS. KATHLEEN SALVADOR spoke to the Town Board regarding the Occupancy Tax and referred to the discrepancies of Jamie Hayes’ Letter to the Editor which appeared in Saturday’s edition of the Post Star… Still looking for the benefits of the Occupancy Tax which was supposed Regular Town Board Meeting, 05-02-2005, Mtg #21 273 to be dedicated to advertising hoping to bring more new tourists to the area… What we have been able to assimilate by taking information forwarded to us, the phones are quieter in the number of lodging facilities and reservations are coming in very slowly. With the present state of the economy, the price of gasoline, etcetera, this may have been a poor time to institute a new tax on the lodging industry. We also have a lot of other uncertainties, we may be getting a flat tax, we don’t know where the sales tax for the Great Escape is going to go, if any at all… MS. LILLIAN ADAMSON-Spoke to the Town Board regarding the inconsistencies with the Town assessments and revals… Questioned the competence of the office and the firm that the town hired… I think inaccuracies lead to a lot of unfairness in the Town and I kind of wonder if there ever will be any explanation as to why this kind of thing goes on and goes on repeatedly. MS. JOAN BOVEE-Noted that she had appeared before the Town Board prior and requested that the Town consider building a dog park for the residents and questioned the status of that request… SUPERVISOR STEC-The Town Board has not discussed this but your request was forwarded to the Department Head of the Parks and Rec Department and hopefully forwarded to the Rec Commission. I don’t want to speak for the Rec Commission but I think that this sort of park is something that we can be looking at but I did pass your request along…. MS. BOVEE-Should I go to the Rec Department? SUPERVISOR STEC-I can follow up for you. MS. BOVEE-I talked to a lady in Clifton Park who was instrumental in getting a dog park in Clifton Park, this is back in 1998 and she sent me the proposal to the Town. COUNCILMAN BOOR-Actually the president of the Rec Commission, Jack LaBombard is sitting back there, you can give it to him. (Ms. Bovee gave one to Supervisor Stec and one to Mr. LaBombard) MR. JIM UNDERWOOD, 99 Mannis Road-Spoke to the Town Board regarding the Reval process, reviewed some important steps involved in the grievance process and noted that the Town needs to make the public aware of those steps so that they may be successful or at least not waste their time or the office… SUPERVISOR STEC-Referred to the informal process of grievance held with the consultants by st residents that concluded on May 1 and noted some statistics that he received from the Town Assessor; 1873 parcels were reviewed, 618 parcels with no change in the assessed value and 1255 parcels did see reductions… 67% of those parcels that were challenged, informally did see reductions and it looks like the total of the reductions total right around 71 million dollars… Noted that the tentative roll has been completed and the steps involved to continue the grievance process if interested… MR. RALPH BROTHERS-Referred to correspondence that he submitted to Town Board last week regarding a fairer proposal for reassessments… Noted that he’s forwarding same correspondence to Assemblywoman Teresa Sayward and Senator Betty Little… Noted for anyone interested in joining their group, the Queensbury Property Owners For Tax Equity, the mailing address is P.O. Box 83, Cleverdale, 12820… MS. BARBARA BENNETT-Referred to Resolution 7.9, ‘Resolution Setting Public Hearing On Proposed Amendment To Ordinance No. 28 Establishing Through Highways And Stop Intersections In The Town Of Queensbury, County Of Warren, New York’ and questioned why the amended ordinance is attached to the resolution and being passed without the public hearing be held. SUPERVISOR STEC-Noted that the amended ordinance is attached to provide to the public what exactly is being proposed. MS. BENNETT-Agree with the proposal and noted that it’s long overdue… Regular Town Board Meeting, 05-02-2005, Mtg #21 274 MR. JOHN SALVADOR-Referred to the illegal subdivision issue involving the Ellsworth Farmhouse Property at the end of Bay Road and requested the Town Board authorize Town Counsel to proceed with Supreme Court action… MR. PLINEY TUCKER, 41 Division Road-Referred to the proposed Community Center and questioned the amount of money spent to this date? SUPERVISOR STEC-Noted that he believes Mr. Hansen had recently stated that it was $75,000, excluding the land acquisition. MR. TUCKER-Questioned whether they would be building on the whole 49 acres? SUPERVISOR STEC-Noted that if it gets built, that they would not be taking the whole 49 acres. MR. TUCKER-Noted that he heard that the Glens Falls City owned parcels in Queensbury are exempt and questioned why that is? TOWN COUNSEL HAFNER-Noted that he would explain after Mr. Tucker was done with his comments. MR. TUCKER-Questioned Mr. Brewer the reasoning for the proposed street light on Stephanie Lane? COUNCILMAN BREWER-Noted that he had received a call this past December from a gentleman in that area who pointed out that they pay into the lighting district and yet do not have a street light. I was going to go to Helen and see if we could take them out of the lighting district and he told me to hold off, that he was going to poll the neighbors to see whether they wanted a street light and they do, they’re requesting a light to be put on that pole. He’s given me the number off the pole and I verified that and I expect that we’ll have a resolution authorizing it in about two weeks. MR. TUCKER-Referred to the Boo Section of today’s Post Star and questioned why Mr. Hansen thought he had that kind of authority? COUNCILMAN BREWER-You have to ask Mr. Hansen that. MR. TUCKER-But it wasn’t closed was it? SUPERVISOR STEC-No, it was a Town Board Meeting, it was advertised and the press was there. TOWN COUNSEL HAFNER-Referred to the question regarding the City of Glens Falls owned property in Queensbury and noted that if the City of Glens Falls, as a municipality owns property in the Town of Queensbury that they use for municipal purposes, and the bulk of their property they use for their water district, then their property is exempt from taxes. However, there’s an exception to that exemption for ad valorem taxes that are for capital improvements. MR. EDWARD CARR, 8 Farr Lane-Referred to the issue involving the Ellsworth Property and questioned how a parcel gets subdivided without going through Queensbury approval? Questioned how a building permit got issued last year? Noted, I don’t expect answers tonight but I think it’s about time that something happens. MR. DOUG AUER, 16 Oakwood Drive-Referred to the Tourism Strategic Marketing Plan and questioned whether any of the Town Board Members had read the plan? SUPERVISOR STEC-Yes, I’ve read it. MR. AUER-I understand you were one of the supervisors that had been critical of the suggestion of the WOW weekend, the Woman Only Weekend. SUPERVISOR STEC-That’s not true. MR. AUER-Referred to Expansion Magazine, a magazine distributed among 40,000 some odd Executives, Chief Executives, CEO’s, Vice Presidents and so forth to companies that are looking to Regular Town Board Meeting, 05-02-2005, Mtg #21 275 relocate. A major component in their analysis in this publication in suggesting good places to go, they do an analysis of school districts and what they call an MSA. SUPERVISOR STEC-Metropolitan Statistical Area. MR. AUER-I was not familiar with that term but low and behold, school districts and they use Glens Falls as the MSA and it encompasses a large area. SUPERVISOR STEC-Warren and Washington County. th MR. AUER-I’m not sure how far it goes out because they don’t say that, but 13 on the list, top 20 th Metros for best public school area, MSA’s regardless of overall student enrollment, 13 is the Glens Falls area. Quite remarkable, and that’s a national publication… I happened to be out at Rochester Institute of Technology and I noticed that they had 42” Plasma Displays all over the place, I questioned why and the person gave a detailed explanation and noted it’s the Defacto Standard that’s been accepted by the industry because you can read it in an average size classroom, person of average vision. It’s funny that the school district had it exactly right…. MS. KATHLEEN SONNABEND, 55 Cedar Court-Spoke on the hard work that the Town Planning Board does for Queensbury and questioned the Town Board regarding their action on the moratorium…. Questioned when the Town Board will be taking action on the appointment of the Chairman for the Planning Board… SUPERVISOR STEC-Two weeks from tonight, I expect there will be a vote appointing a Chairman to the Planning Board. MS. SONNABEND-Spoke to the Board regarding the issue involving the Girl Scout Camp… MR. BERNARD RAYHILL, 37 Wincrest Drive-Referred to the discussion of a moratorium and noted that he strongly recommends one… Referred to the recreation fees per plot collected by the town and recommended those monies be put into escrow to be used towards recreational infrastructure not for repairs or not for hiring people. COUNCILMAN BREWER-Noted that it’s a reserved fund set aside with strict guidelines as to how that money can be used. MR. RAYHILL-Suggested raising the per lot fee to $1,000 or $1,500 or $2,000 per lot. SUPERVISOR STEC-That’s been discussed and we may do that. MR. RAYHILL-Noted, children do need recreational infrastructure, we need open space, we need parks.. Referred to the Hudson River Park and recommended a swimming pool for that park, a park on Lake George and the ability to ice skate on Round Pond… There are lots of things to think about, I’m not saying that the project that is before you right now is undoable but I think that we have to think in terms of are we serving the whole community and do we have the finances to do that. I think that should be on the plate because everybody is complaining about money, money, money, money well, let’s put the finances together for the benefit of recreation for children, please. PRIVILEGE OF THE FLOOR CLOSED TOWN BOARD DISCUSSION 8:16 P.M. COUNCILMAN STROUGH announced the following: The need for volunteers for the Fire and th EMS Companies; the May 30 Glens Falls Queensbury Memorial Day Parade scheduled for 10 a.m. along Glen Street from the center of the City to Crandall Park… Referred to the Planning Board issue involving the Girl Scout Camp and commended Marilyn Ryba on her letter addressing the issue. I think you did a very good job, it was very objective, you just told the facts, you stuck to the facts and now I understand what the whole process is all about. Thank you for that Marilyn, I really appreciated it. COUNCILMAN BOOR-It was very clear and it was definitely needed. Regular Town Board Meeting, 05-02-2005, Mtg #21 276 COUNCILMAN STROUGH-The Great Escape Pedestrian Bridge is making process and is pretty much a go… The Town of Queensbury is participating in American Supporting Americans, adopting soldiers in Afghanistan, an effort spearheaded by Darleen Dougher and read the list of their needs that she’ll be collecting… Announced the upcoming scheduled Queensbury Senior Citizens Activities. COUNCILMAN BREWER-Suggested going back to Open Forum. COUNCILMAN TURNER-Tonight we have the proposed resolution to advertise for bids for design and construction of curbs and sidewalks of Ft Amherst Street and Sidewalk Repairs in Broadacres neighborhood… COUNCILMAN BREWER-I don’t have a problem putting it out to bid but I won’t go for granite curbs, only concrete…. COUNCILMAN BOOR-Noted that work will be starting at the corner of Bay and Quaker this week or next... SUPERVISOR STEC-We’ve been working with some Veteran’s organizations and they’ve been working with Rec Commission and Rec Department regarding the placement at the Hovey Pond th Park of a Veteran’s Memorial and are hoping to have a July 4 dedication… The Town has ordered the pedestrian lighting for Route 9 and we were told that unfortunately it is a long lead time but we’re hoping for the end of June, beginning of July that the work will get done… I want to add my compliments to Marilyn too, I know that you coordinated your response, your very articulate and well thought response to the Girl Scout situation… RESOLUTIONS RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT TH GREAT ESCAPE THEME PARK ON JUNE 10, 2005 RESOLUTION NO.: 218, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Americade, Inc., has requested permission to conduct a fireworks display as follows: SPONSOR: Americade, Inc. PLACE: Great Escape Theme Park th DATE: Friday, June 10, 2005 TIME: 9:30 P.M. (approximately) NOW, THEREFORE, BE IT Regular Town Board Meeting, 05-02-2005, Mtg #21 277 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks permit to Alonzo § Fireworks Display, Inc., on behalf of Americade, Inc., subject to the following conditions: 1. An application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the 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: Regular Town Board Meeting, 05-02-2005, Mtg #21 278 the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they 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. nd Duly adopted this 2 day of May, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CHRISTOPHER O’BRIEN AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO. : 219, 2005 INTRODUCED BY : Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a temporary Laborer to work for the summer for the Town’s Water Department, Regular Town Board Meeting, 05-02-2005, Mtg #21 279 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Christopher O’Brien as temporary Laborer to work for the summer for the Town Water Department rdst commencing May 23, 2005 through September 1, 2005, and BE IT FURTHER, RESOLVED, that Mr. O’Brien shall be paid $12 per hour as set forth in Town Board Resolution No.: 610,2004 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further 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. nd Duly adopted this 2 day of May, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR DESIGN AND CONSTRUCTION OF CURBS AND SIDEWALKS ON NORTH SIDE OF FORT AMHERST ROAD AND FOR SIDEWALK REPAIRS IN BROADACRES NEIGHBORHOOD RESOLUTION NO.: 220, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Town of Queensbury funds have been appropriated in Account No.: 001- 5410-2899 for the purpose of the construction and replacement of sidewalks and curbs, and WHEREAS, the Town’s Deputy Highway Superintendent and Purchasing Agent wish to advertise for bids for design and construction services of curbs and sidewalks on the north side of Fort Amherst Road in the Town of Queensbury, more specifically as follows: Regular Town Board Meeting, 05-02-2005, Mtg #21 280 approximately 1,550’ (±) of curbs on Fort Amherst Road; and 1) approximately 1,617’(±) of sidewalks on Fort Amherst Road; 2) and WHEREAS, the Town’s Deputy Highway Superintendent and Purchasing Agent also wish to advertise for bids for the repair of approximately 2,182’ (±) of individual sidewalks in the Broadacres Neighborhood in the Town of Queensbury, more specifically as follows: approximately 278’ x 5’ (±) of sidewalks on Coolidge Avenue; and 1) approximately 437’ x 5’ (±) of sidewalks on Broadacres Road; and 2) approximately 348’ x 5’ (±) of sidewalks on Luzerne Place; and 3) approximately 494’ x 5’ (±) of sidewalks on Pershing Road; and 4) approximately 625’ x 5’ (±) of sidewalks on Ashley Place; 5) and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the design and construction services of curbs and sidewalks on the north side of Fort Amherst Road and the repair of individual sidewalks in the Broadacres Neighborhood in the Town of Queensbury consistent with specifications and/or bid documents to be prepared by the Town Purchasing Agent after receiving input from the Town Highway Superintendent, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. nd Duly adopted this 2 day of May, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Regular Town Board Meeting, 05-02-2005, Mtg #21 281 BEFORE VOTE: COUNCILMAN BREWER-Requested copy of bid specs before they’re sent out and again noted that he will not support anything other then concrete curbs and sidewalks… RESOLUTION RESCINDING RESOLUTION NO.: 184,2005 AND AUTHORIZING REVISED SETTLEMENT TERMS PERTAINING TO SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BYCONROY REALTY, LLC RESOLUTION NO.: 221, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 184,2005 the Queensbury Town Board authorized the settlement of pending Article 7 cases against the Town of Queensbury by Conroy Realty, LLC concerning properties located at 53 Quaker Road (tax map no.: 296.18-1-2) and 407 Bay Road (tax map no.: 296.19-1-38) for the 2003/04 and 2004/05 tax years, and WHEREAS, Town Counsel has advised that there have been subsequent negotiations between the parties and amended settlement terms have been proposed, and WHEREAS, Town Counsel has discussed the proposed, amended settlement terms with the Town Assessor, the Town Assessor has reviewed the proposed revisions in settlement terms, the Town Assessor recommends the revised settlement proposal to the Town Board and Town Counsel has reviewed the cases and revised settlement proposal with the Town Board, and WHEREAS, counsel for the Queensbury Union Free and Glens Falls School Districts have advised that the School Districts have not yet acted on the proposed revised settlement but both School Districts are anticipated to approve it, and WHEREAS, the Town Board wishes to therefore rescind Resolution No. 184,2005 and authorize the proposed, revised settlement terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.: 184,2005, and BE IT FURTHER, Regular Town Board Meeting, 05-02-2005, Mtg #21 282 RESOLVED, that the Town Board hereby authorizes and approves the revised settlement terms relating to the pending Article 7 cases against the Town of Queensbury brought by Conroy Realty, LLC, for the 2003/04 and 2004/05 tax years by fixing the assessed values for its properties as follows: 53 Quaker Road : (Tax Map No.: 296.18-1-2) Tax Year Assessment 2003/04 $496,400 (unchanged) 2004/05 $496,400 (unchanged) 2005/06 $425,000 2006/07 $425,000 2007/08 $425,000 2008/09 $425,000 407 Bay Road : (Tax Map No.: 296.19-1-38) Tax Year Assessment 2003/04 $752,400 (unchanged) 2004/05 $752,500 (unchanged) 2005/06 $528,000 2006/07 $528,000 2007/08 $528,000 2008/09 $528,000 and BE IT FURTHER, RESOLVED, that no refunds shall be paid in the settlement of the pending cases, and BE IT FURTHER, RESOLVED, that the values for future tax years set forth above shall be subject to change if the Town conducts a Town-wide revaluation using any services of an outside appraiser, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. nd Duly adopted this 2 day of May, 2005, by the following vote: Regular Town Board Meeting, 05-02-2005, Mtg #21 283 AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION APPOINTING CURRENT ALTERNATE, GEORGE GOETZ, AS REGULAR MEMBER OF QUEENSBURY PLANNING BOARD RESOLUTION NO.: 222, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 17,2005, the Town Board appointed George Goetz as an alternate member of the Planning Board, and WHEREAS, a regular Planning Board member recently resigned and so the Town Board now wishes to appoint George Goetz to serve as a regular member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints George Goetz to serve as a regular member of the Queensbury Planning Board until his term of office expires December 31, 2011. nd Duly adopted this 2 day of May, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 OF 2005 TO AMEND QUEENSBURY TOWN CODE CHAPTER 61 “OUTDOOR BURNING,” CHAPTER 88 “FIRE PREVENTION AND BUILDING CONSTRUCTION,” CHAPTER 96 “GARBAGE, RUBBISH AND REFUSE,” CHAPTER 102 “JUNKYARDS,” CHAPTER 160 “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” AND CHAPTER 161 “SPECIAL SALES EVENTS” Regular Town Board Meeting, 05-02-2005, Mtg #21 284 RESOLUTION NO.: 223, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2005 to amend Queensbury Town Code Chapter 61 “Outdoor Burning,” Chapter 88 “Fire Prevention and Building Construction,” Chapter 96 “Garbage, Rubbish and Refuse,” Chapter 102 “Junkyards,” Chapter 160 “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors” and Chapter 161 “Special Sales Events” to: 1) revise the penalties for offenses under the various Chapters for greater consistency and greater ease of enforcement; 2) clarify requirements for inspections of occupied premises and enhance public safety by allowing revocation of a certificate of occupancy where inspections have been refused; 3) create a new Article VI under Town Code Chapter 96, “Garbage, Rubbish and Refuse,” consistent with the Town’s existing Junkyard Ordinance, clarifying prohibited deposits of junk and the penalties for illegally depositing junk on property within the Town; 4) limit the number of vehicles intended for resale allowed outside of junkyard enclosures; and 5) add regulation of tents and similar temporary structures to Town Code Chapter 160, “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” 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, May 16, 2005 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: 2 of 2005, 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. 2 of 2005 in the manner provided by law. Regular Town Board Meeting, 05-02-2005, Mtg #21 285 nd Duly adopted this 2 day of May, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None DISCUSSION BEFORE VOTE: COUNCILMAN BOOR-I like everything in here, on page 5 and I agree with everything on page 5, I’m just concerned with the determination of what is junk and what has value… I hope that we can uphold this as it’s written… TOWN COUNSEL HAFNER-This was done after a lot of discussion between the Board and staff here. This is going to be included in the whole Article 6 which has other sections that deal with junk. We did talk with Marilyn and her staff before we put this in and it was intended to address the concerns that the Town Board has and it may have some things that over time we fine tune but that doesn’t mean that you didn’t want to have the Town go forward with trying to address these problems. COUNCILMAN BOOR-I like it, I just hope it’s enforceable. COUNCILMAN BREWER-Does this deal with the perpetual garage sales? SUPERVISOR STEC-Yes. COUNCILMAN BOOR-Four garage sales per year. COUNCILMAN BREWER-I understand that, that’s new. What about existing? TOWN COUNSEL HAFNER-This does not have a grandfathering provision. This allows for four garage sales per year and three days per garage sale…. This will be an enforcement issue. MS. MARILYN RYBA, Executive Director-I want to note because we often hear from the public about how come this isn’t being enforced or that isn’t being enforced. Enforcement takes time, court dates, Judges, delays and so I just want to put that out there. (vote taken) RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 224, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 Regular Town Board Meeting, 05-02-2005, Mtg #21 286 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 2005 Town Budget as follows: BUILDING AND CODES FROM: TO: $ AMOUNT: 00-1990-4400 001-3620-4110 1,000. (Contingency) Vehicle Repair) nd Duly adopted this 2 day of May, 2005, by the following vote: AYES : Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF APRIL 28, 2005 RESOLUTION NO.: 225, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as thrd the Abstract with a run date of April 28, 2005 and a payment date of May 3, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run thrd date of April 28, 2005 and payment date of May 3, 2005 numbering 25-195000 through 25- 206900 and totaling $81,327.62, 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. nd Duly adopted this 2 day of May, 2005, by the following vote: Regular Town Board Meeting, 05-02-2005, Mtg #21 287 AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO.: 226 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a four-way stop intersection at the intersection of Pershing Road and Ashley Place, and WHEREAS, the Town Board wishes to set a public hearing concerning this proposed Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing on th Monday, May 16, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any necessary action provided by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. nd Duly adopted this 2 day of May, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Regular Town Board Meeting, 05-02-2005, Mtg #21 288 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR – NONE ATTORNEY MATTERS TOWN COUNSEL HAFNER-The Queensbury Center is moving forward and there’s been discussion about possibly having resolutions at your next Town Board Meeting and I want to tell you a fact that you need to know if that is something that you decide to go forward with. When we talked about it, it was very important for the Town Board, you guys all expressed it that if you did decide to go forward with considering this proposal, that the public would get a right to vote. Many things you do you can’t put to a public vote but we, because of the nature of it and the method of financing, we are able to put it in a form where you can put it to public referendum and we talked to you that, if you did go forward there’d be two resolutions. One would be the resolution authorizing the project subject to referendum and the second would be a bond resolution. I want to tell you that the bond resolution requires four yes votes. So, if you do decide to go forward with it, I’m going to put them in the order of the bond resolution first because that requires four votes… They go hand in hand, there will be one right after another and it will be contingent upon the second one passing. RESOLUTION TO ADJOURN REGULAR TOWN BOARD MEETING RESOLUTION NO.: 227, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR IT’S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session of the Town Board. nd Duly adopted this 2 day of May, 2005, 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