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2005-08-01 MTG36 1 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 REGULAR TOWN BOARD MEETING MTG. #36 AUGUST 1, 2005 RES. 361-377 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS TOWN COUNSEL BOB HAFNER DIRECTOR OF COMMUNITY DEVELOPMENT MARILY RYBA DEPTY WASTEWATER SUPERINTENDENT MIKE SHAW BUDGET OFFICER JENNIFER SWITZER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STEC-Opened the meeting. There will be a change in the agenda item 2.0 Hearings will be moved to the beginning of the meeting. The Public Hearing for Rezoning of Bay Meadows will immediately follow. 2.0 HEARINGS 2.1 Sutton Market Place Application For A Variance/Waiver Request From Sanitary Sewer Connection Requirement Set Forth In Town Code Chapter 136 – Sewers And Sewage Disposal Supervisor Stec-On the Route 9 corridor there are four properties that the sewer runs in front of, Sutton’s Market Place, Edward T. Gardner A/K/A Lake George Campsites, William and Rose Minarchi, and the Great Escape Theme Park. They are in the sewer district they would prefer not to tie in, that is fine, there is a procedure to do that, they have petitioned to do that, that is what this is about tonight. It is a hearing with the Town Board and they are temporary in nature, they are not forever. Basically they have to pay into the sewer district. It is just for a variety of reason more often than not they are involved it would be a problem for us to run this sewer line to pick up this small piece, we are not required to do it can we kind of let it stand and not dig up the brand new asphalt those kinds of rationale that a town would consider in allowing them, again they are still on the hook to pay the sewer district so it is not like they are opting out and they are not having to pay in. Is there anyone from Sutton’s here tonight? Yes JoAnna Wilson-Office Manager and I am representing Donna Sutton. My only question is going to be that I know that we are asking for a variance to hold off within the next couple of years for the connections for the furniture store and our Toy Cottage, I understood from Mike Shaw that there is a residence that is on the back of the property that is well outside of the limits of the sewer connections and I just had to mention that, but I am assuming that, that will have a permanent, we will not have to tie into the sewer for that? Is that correct, because it is outside the limits? 2 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Councilman Boor-It is more than two hundred and fifty feet away is that what the criteria, it is more than two hundred and fifty feet is that what you are saying? Ms. Wilson-Yes it is about fifteen hundred feet. Supervisor Stec-For everyone else’s benefit that issue aside, these are all for two years it is renewable. Asked if the Town Board had any questions? No one spoke. RESOLUTION APPROVING SUTTON’S MARKET PLACE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 361, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Sutton’s Market Place (Sutton’s) has applied to the Local Board of § Health for a variance/waiver from 136-44, as Sutton’s has requested a two-year extension from the Town’s connection requirements to connect Sutton’s Furniture Store, Toy Cottage and residential house properties to the Town of Queensbury’s Route 9 Sewer District, as neither the Furniture Store nor Toy Cottage offers facilities to the public and Sutton’s feels the current one-person facility in each building is for employee use only, making water usage very minimal, each building has its own 1,000 gallon, properly functioning and well- maintained septic tank, and so it would not be cost effective to connect to the Town of Queensbury, and the residential building is located at least 1,500’ from the sanitary main and has a properly installed and fully operational system in back of the house, all as more th fully set delineated in Sutton’s June 17, 2005 letter and application, and 3 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Sutton’s and st the Town Board conducted a hearing concerning the variance/waiver request on August 1, 2005, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Sutton’s Market Place (Sutton’s) application for a variance/waiver from Queensbury Town Code Chapter § 136, 136-44 “Connection to sewers required” and hereby grants Sutton’s a two-year st extension of time or until August 1, 2007 in which to connect the Sutton’s Furniture Store, Toy Cottage and residential house properties located at 1066 State Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 4 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 2.1 Edward T. Gardner A/K/A and D/B/A Lake George Campsite’s application for Variance/Waiver Request From Sanitary Sewer Connection Requirement Set Forth in Town Code Chapter 136 – Sewers and Sewage Disposal Supervisor Stec-Mr. Auffredou, if there is anything that you feel is pertinent to share with us and we may ask a couple of quick questions. Attorney Martin Auffredou-This is Linda Gardner the owner of the campground. I think it is pretty straight forward set forth in our application as you know it is a seasonal business, quite a distance back to all of the individual campsites and quite an expensive endeavor as well as we set forth in the application. The campground is open seasonally from May to October 31 but the busy season is now, it is during the summer. There is not a lot of business between May 1 and May 31 and there is very little business from Labor Day through October 31. So given the seasonal nature of the business, given the distance and the cost involved in connecting to the municipal sewer we are asking for that two year extension. The other thing I think is important and I wanted to put this in the record it is not reflected in the application there is no secret that this property is for sale and is being marketed and has been marketed I think it will be very likely that the property will sell and that although it may be used as a campground after the sale for a short period of time I think the likelihood of this property as you know it today being a campground five years from now is fairly remote. So, I think that is another reason why we wanted to apply for the variance because it does not make sense to put all the infrastructure in if this property is not going to be used as a campground in the future. Councilman Boor-What is the total acreage? Ms. Gardner-About thirty eight. Supervisor Stec-Any other questions? Anything else you would like to add? Attorney Auffredou-No, Sir. Supervisor Stec-I will entertain a motion. RESOLUTION APPROVING EDWARD T. GARDNER A/K/A AND D/B/A LAKE GEORGE CAMPSITE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 362, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION 5 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Estate of Edward T. Gardner, a/k/a and d/b/a Lake George Campsite (LG Campsite) has applied to the Local Board of Health for a variance/waiver § from 136-44 as the LG Campsite wishes not to make the connection of its property located at 1053 Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, as LG Campsite states that the installation of sewer laterals throughout such property will disrupt and cause relocation of existing water, cable television and some electrical wires; there is no history of failure of the eight on-site leach fields and all are in excellent working order; all leach fields are maintained annually; soils are excellent for on-site treatment; and there are 230 total campsites including 58 which are full hookup including septic, as more fully delineated in LG Campsite’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to LG Campsite and the Town Board conducted a hearing concerning the variance/waiver request on August st 1, 2005, NOW, THEREFORE, BE IT RESOLVED, that c) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and d) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves the Estate of Edward T. Gardner, a/k/a and d/b/a Lake George Campsite (LG Campsite)’s application for § a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and hereby grants LG Campsite a two-year extension of time or until 6 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 st August 1, 2007 in which to connect its property located at 1053 State Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 2.3 William & Rose Minarchi’s Application for Variance/Waiver Request From Sanitary Sewer Connection Requirement Set Forth In Town Code Chapter 136 – Sewers and Sewage Disposal Mr. Bill Minarchi-Browns Welcome Inn Motel-As I have explained to Mr. Shaw where they put the sewers and the trunk line mean for me, I am being penalized. All my plumbing is going to have to be reversed to go and tap into that sewer line. So, I have got a big nut on my hands and I understand it was because my neighbor Pete on the corner would not allow the sewers to cross his property. I understand under eminent domain it would take a tremendous amount of time to get through the Court System to condemn and go through the process. So, then the easiest way was to go behind my property but in turn I now have a problem. So, I am asking for a two year extension so I can resolve this problem hopefully and still be able to hook in eventually. Supervisor Stec-Any questions for Mr. Minarchi? We appreciate your patience your are absolutely right eminent domain is a touchy thing and we try to meander that line where ever the path of least resistance whether it is bedrock or legal bedrock but you are right. We appreciate your patience and we apologize for any inconvenience I am sure the least we can do is help you out on this application that you have submitted tonight. Any other comments or questions? I will entertain a motion. RESOLUTION APPROVING WILLIAM & ROSE MINARCHI’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 363, 2005 7 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, William and Rose Minarchi applied to the Local Board of Health for a § variance/waiver from 136-44 as the Minarchi’s wish not to make the connection of their Brown’s Welcome Inn property located at 932 Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, as all plumbing in the basements of the three buildings on the property would have to be reversed and new drainage pipes installed as the tap is located at the rear of the property and such work would cost in excess of $12,500 (plus the costs of blacktop repairs), as more fully delineated in the Minarchis’ application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Minarchis and the Town Board conducted a hearing concerning the variance/waiver request on August st 1, 2005, NOW, THEREFORE, BE IT RESOLVED, that e) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and f) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicants; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves William and Rose Minarchi’s application for a variance/waiver from Queensbury Town Code Chapter 136, § 136-44 “Connection to sewers required” and hereby grants the Minarchis a two-year st extension of time or until August 1, 2007 in which to connect their Brown’s Welcome Inn 8 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 property located at 932 State Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None 2.4 The Great Escape Theme Park’s Application For Variance/Waiver Request From Sanitary Sewer Connection Requirement Set Forth In Town Code Chapter 136 – Sewers And Sewage Disposal Supervisor Stec-Good evening Mr. Collins. Mr. John Collins-Vice President/General Manager at the Great Escape and I am with Bob Holmes from Jarrett-Martin who is our Engineer on this project. What we are asking for is just an extension of the time line, obviously due to the scope of what we are trying to accomplish the seasonal nature of our business, not being able to construct during that season in the park. Just to give you an update on what we have accomplished so far is we have tied the Coach House Restaurant to the sewer I believe we were one of the first to tie in. International Village the front offices half of Ghost Town and all the new construction at the new Looney Tunes National Park as well as the Cinderella area was all tied in this spring. Bob will give you a little idea of what we are trying to accomplish. Mr. Bob Holmes-Jarrett-Martin Engineers-As John has stated we are in the process of a multi phase project here we have made a good stab of getting a number of the facilities within the park and the Great Escape Properties on line now. It is just a matter of additional time to complete the project. There are many more facilities to go and with it being a seasonal operation that the need to make sure they are up and fully running for the tourist season and we have short windows, shoulder periods. We are trying to avoid as much as possible in the hard and fast parts of the winter which this past winter we did experience some difficulties, but if we can get in the shoulder months of late in the fall and early in the spring when the park isn’t open we can facilitate this project and make it occur. 9 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Mr. Collins-A further update our Ghost Town Area when we put in the Canyon Blast Rollercoaster we did a lot of the pre work for that area so that should be a pretty easy tie in once we get into the Fest. Area midways have to be torn up and we are trying to do it in a manner that we can coordinate with other activities. The front entrance we had to re-do after we torn that up so it’s a pretty big project. We would anticipate the majority of the park being completed before the 2006 season but then we have to tie in Martha’s Restaurant which these will all happen at the same time it is just a big project, thus the reason for the extension. Supervisor Stec-As I noted previously the other three were two year extensions this one does read differently its an extension until May 2007 and then in parentheses 2007 season, just under two years I suppose. Any questions or discussion from Town Board Members? Councilman Boor-Just one, John, with regards to the septic that is currently there are you going to keep the same maintenance schedule on what is existing until it is replaced? Mr. Collins-Yes, that is correct we do that routinely, yearly, monitor, obviously if there is any systems that need to be addressed we will take those out and tie those areas in first but I do not believe that we have any issues with those. Like I said we anticipate the majority of the park being completed this year and the rest of the other properties will hopefully happen at that same time. We have a little more flexibility across the street then we do in the park just in the park, you have a lot of wires and phone lines that we are trying to get around, it is just taking a long time. Supervisor Stec-Any other questions or discussions? (no one spoke) I will entertain a motion. RESOLUTION APPROVING THE GREAT ESCAPE THEME PARK’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 364, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and 10 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 WHEREAS, the Great Escape Theme Park, LLC (Great Escape) applied to the § Town Board for a variance/waiver from 136-44, as the Great Escape requested an extension of time until May 2007 (2007 Season) in which to complete the connection of Great Escape owned properties to the Town of Queensbury’s Route 9 Sewer District, as the Great Escape is presently undergoing a multi-phased installation of on-site sanitary collection sewers to connect the properties to the Route 9 Sewer District and a majority of the new sewer installation involves routing new sewer collection main around, through and between existing buildings, facilities, buried utilities and sensitive natural features, with such sewering requiring construction in excess of 8,000 feet of collection sewer to serve approximately 60 separate facilities, as more fully set delineated in Jarrett-Martin Engineers, st PLLC’s June 1, 2005 letter and application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Great Escape and the Town Board conducted a hearing concerning the variance/waiver request on st August 1, 2005, NOW, THEREFORE, BE IT RESOLVED, that g) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and h) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves the Great Escape Theme Park, LLC’s application for a variance/waiver from Queensbury Town Code Chapter § 136, 136-44 “Connection to sewers required” and hereby grants the Great Escape an extension of time until May 2007 (2007 Season) in which to connect the following properties to the Town of Queensbury Route 9 Sewer District: 1. The former Zoological Park, 1120 State Route 9, Queensbury (Tax Map No.: 295.12-1-4); 2. Samoset Cabins, 1299 State Route 9, Queensbury (Tax Map No.: 288-1-61); 3. Martha’s Ice Cream & Motel, 1133 State Route 9, Queensbury (Tax Map 11 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 No.: 295.12-1-3); and 4. The Great Escape Theme Park, LLC, 1172 State Route 9, Queensbury (Tax Map No.: 288.20-1-20); and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None 1.0 PUBLIC HEARING (note the agenda order was changed) 1.1 PUBLIC HEARING - REZONING - BAY MEADOWS NOTICE SHOWN Supervisor Stec-We did set this public hearing out three weeks ago for tonight and our normal procedure which I believe we will continue to follow is that normally we will not act on one of these rezonings until we have a recommendation one way or the other from the Planning Board. We presently do not have a recommendation, it is my understanding from the Planning Board so we will conduct a public hearing tonight. My intentions are leave the public hearing open to allow time for the Planning Board to do its thing and make a recommendation and then at a later date after that time revisit this and conclude the public hearing and vote one way or the other on the what is being proposed. With that said I just, we want to seek as much public input as we possibly can tonight but the Town Board unless I have got a completely wrong read I don’t see us acting on this tonight. So, with that said I will turn the floor over to you all again. Welcome back. Ms. Stefanie DiLallo Bitter-I am here as well as Martin Auffredou from Bartlett, Pontiff and Jim Miller as well from Bay Meadows We are requesting to amend the October 2002 PUD Agreement that was made between the Town of Queensbury and Bay Meadows Corporation. At that time the project that was being requested was for a Senior Housing Development which included ninety six units and one unit for the manager or office residence. So, in total a ninety seven unit project on a 23.06 acre lot. Today we are requesting to amend that into three separate lots. The first 12 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 lot being the same 23.06 acre lot would include thirty nine town house units which would be solely owned and would be developed by the Michaels Group. The second lot would be 70.30 acres and would include the Club House and Golf Course that exists there today together with eight townhouse units and one professional office which would be under Bay Meadows Corporations ownership. The last lot would be the 4 acre lot which would be dedicated to the Town of Queensbury which is also a part of that original PUD Agreement. We have also agreed to identify that the Golf Course and the areas that are auxiliary to the Golf Course would be deemed Conservation Easement. This has also been identified in our papers that we have submitted. I am going to put this over to Jim Miller to go into more details on our modification. Mr. Jim Miller-Thank you. The property, repeating what Stefanie said the 97 acres (using map) there is Bay Road and Cronin Road the bulk of this is the existing Golf Course. The original, this property has been subdivided there is a 23 acre piece off from Cronin Road this was the site for the Senior Citizen Housing this is the part that is being modified to thirty nine town houses that the Michaels Group would construct. All of that would be on a private road system and it will be on municipal sewer and water. The four acre parcel is along Halfway Brook along the east. The four acre parcel is a piece parallel to Halfway Brook which will be dedicated to the Town. The third parcel is the remaining 70.3 acres that there is a club house off from Cronin Road the existing Golf Course and there was a subdivision completed off from Bay Road with a proposed cul de sac and a professional office subdivision and the professional office building and the eight town houses which would be part of the Bay Meadows Corp. project would be off of that cul de sac, essentially that is the extent of the project. Supervisor Stec-Just a little more to add for the public’s benefit, we talked about this in a couple of different workshops, the current zoning is PUD and the proposed zone is PUD so we kind of wrestled with how to proceed and I think we all agreed that at the end of the day treating it as a rezoning rather than a determination of consistency is probably the more through way and perhaps the more straight forward way to go about this process. So, it is a rezoning but it is from PUD to PUD and really what we are talking about is changes in scope of the PUD. So, with that said I will open the Public Hearing and what I thought we would do is we will start with some questions from Town Board Members, some answers and then get a little bit of that information out there that might calm some comments or thoughts amongst the public that would like to comment. We will take their comment maybe the second round of Town Board based on those comments and then we will probably leave the public hearing open and move forward. So, with that Town Board any questions? Councilman Strough-I have a couple of questions. Now I was reading in the th project history October 29 2002, the Town never received the executed copies of the PUD Agreement and Amendment and just for an over view for the publics purpose the original PUD was called the Bay Meadows PUD what is being proposed is The Meadow PUD. It is actually a modification rezoning. But in the staff report that I got it mentions that triplicate copies the signed PUD Agreement and Amendment were sent by Town Counsel’s Office to J. Lapper for execution with instructions to return one fully signed 13 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 copy of each to the Town. The Town Clerk, Town Counsel, Community Development Office records indicate that the Town never received the executed copies. Was the original, was the PUD that we are trying to modify was it ever really legally created? Town Counsel Hafner-Can I answer that? Councilman Strough-Yes. Town Counsel Hafner-Stu Baker asked us to work with John Lapper’s Office, I was talking to John abut this last week. We did try to track this down. The reason that he told us that it was not signed is that the original PUD agreement had three parties it had the Town, it had Bay Meadows and it had a developer whose name I forget right now. Councilman Strough-Queensbury Partners Town Counsel Hafner-Queensbury Partners dropped out so Bay Meadows went from being the owner and Queensbury Partners being the Developer to Bay Meadows wearing both hats. So, they did not have the original PUD signed, we talked with Stu Baker we talked with John Lapper and we got it revised just today, I talked to Stefanie just earlier today and she e-mailed us back the original the revised to have just Bay Meadows on behalf of owner and developer copy that needs to be signed and also revise the addendum. Once those are signed then you do have the original PUD that was approved some time ago. So, we haven’t, I just learned about that was missing at the end of last week, and Stu asked us to work on it. Councilman Strough-That is fine we will move on. The next question was just what you brought up Bob, was Queensbury Partners ever legally removed as a partner? Town Counsel Hafner-There was technically no resolution that I could see in the history and that was something that due to Stu putting it on the staff notes I was going to clean up on your behalf if you agree to the PUD amendment to have that part, that resolution and in that amendment then. It is something that needs to be done to dot the i’s and cross the t’s . Councilman Strough-All right, going through the literature, that is good, now we can get down to business. The conservation easement, in the agreement it says that it will be conveyed to the Queensbury Conservancy but what if the Queensbury Conservancy doesn’t want to accept it? Maybe the agreement should say to the Town in more general terms. Councilman Boor-I think we should talk to Counsel on that. Councilman Brewer-I did not hear what you said Roger. Supervisor Stec-He said the drafts our Counsel should counsel us on. Attorney Auffredou-That came up for discussion today when we were preparing for the meeting and that is something that we do, I think we need to talk to Mr. Hafner about, it is a good point, whether its to the Queensbury 14 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Land Conservancy or other party including but not limited to Town of Queensbury or Deed restriction or whatever the case is going to be we realize that is an open issue. Councilman Strough-Ok. All right that is good, get through this check list. Now the other thing I had lot 296.16-1-3.1 which is the big piece with the Golf Course is on primarily. It is also going to be the location of the eight townhouses and the professional office building. What I have a problem with is how do we clearly define and what is going to go and be conveyed as a conservation easement? I know right now you answer is going to be that the buildings and the foundation of the building forms the lot line. But wouldn’t it be neater if we sub-sectioned that off and created a separate lot so that what we are conveying in terms of a conservation easement is clear. Because, what is not clear is those eight units and that professional office building, what exactly, how about the landscaping? What if the people want to landscape around their building? If we have a conservation easement we may say you can’t and there might be other issues, what if they want to put an accessory structure up for lawnmowers and stuff for the units, they can’t. So, wouldn’t it be and clarify this to me but it is my question wouldn’t it make it neater if we subdivided that parcel and just said ok that is your parcel you landscape it do whatever you want or at least the Homeowners Association or whatever arrangement you make for those buildings the apartments and the townhouses rather and the professional office and the conservation easement for the rest of it becomes clear. That is the property that has the conservation easement we do not have to worry about the landscaping etc. I just wondered why didn’t we do it that way? Mr. Miller-Well, I think the main reason is originally this project was the 23 acres was subdivided and there were subdivisions done to subdivide off the 4 acres and the 23 acres and the actual senior citizens project went through a full site plan review and was approved which helped to define those lines so that section of those property lines. So, that section of project is further along in design and planning and I think it is a good idea and it would probably make sense to subdivide that off but the office building and those eight townhouses have not gone through any detail site plan review at this point to really accurately define where that property line should be. I think it is a good idea that should be done. Councilman Brewer-But doesn’t that create a problem with road frontage and all of that setting way back in there? Councilman Strough-I do not think so because they have a lot of road frontage there. So, I do not think that is an issue Tim. But, you know, also the relationship between the professional office and the townhouses, because I assume that the townhouses are going to be individually owned but there is going to be like a townhouse association of some sort created. All, right, I am thinking out loud here, it just seemed to make more sense to subdivide that. Now on the 4 acres that we are going to reserve to the Town over here on the right in the cover letter it said that the developer will provide access to the town’s four acre parcel via Cronin Road. Can we have that language, I know language similar to that but not exactly like that, I like this one, the developer will provide access to the Town. Now, I know that you do not want to provide access from your road going to your townhouses and that is 15 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 ok with me, but, you did say the developer will provide access, so I am assuming there is going to be a two or three car arrangement that maybe you are going to propose that the Town residents can use to access Halfway Brook in that area for fishing or boating or whatever the case might be or just nature walking that there will be a two or three car arrangement off from Cronin Road? Ms. Stefanie DiLallo Bitter-I am not really sure, I think that, that was mainly indicating that Cronin Road area that would be right immediately adjacent to the 4 acre parcel I think that was what it was intended. Councilman Strough-I know but the wording is that the developer will provide access. Ms. Stefanie DiLallo Bitter-I am not sure if that was the intentions but I did not write the letter. But that is definitely something that we can look into as to the intentions of the developer. Councilman Strough-That is what the letter says. Mr. Miller-Are you looking for us to show access off from Cronin Road to that parcel? Councilman Strough-Yea. The developer Mr. Miller-I think that will probably be acceptable I think the concern was that we didn’t want to provide access across the homeowner’s association land and roads for public access. Councilman Strough-And I can understand that and maybe this is planning board stuff you can take Johnnie out of the planning board you cannot take the planning board our of Johnnie. But, ok, so that is something that we are going to add to the agreement that language and let the planning board deal with it from there? Mr. Miller-I think that is the right way to handle it. Councilman Strough-The rest of it deals with subdivision questions, questions that if this is not subdivided you know dealing with the lawn the landscaping the accessory structures the driveway everything else might end up on the future to be you know conservation easement issues. I just thought that subdividing it would eliminate a lot of this. The permeability zero percent that would solve that problem, the permeability you look at it more as a defined lot. So, the other thing is on page 6 of the agreement the Meadows Planned Unit Development Agreement it says that it will be done in two phases’ thirty nine units and eight units and the professional office building wasn’t mentioned. When is that, what phase is that going to be done at or was that just an oversight? Ms. Stefanie DeLallo Bitter-That was just an oversight. Councilman Strough-Is that going to be done with the eight units stage? 16 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Ms. Stefanie DeLallo Bitter-With the eight units. Councilman Strough-Ok. Also there was some language in the contact that said it would be subdivided, subdivided, I do not think you meant to mention that twice. Attorney Auffredou-You never know. Councilman Strough-I do not know either, the legal language subdivision of a subdivision it is entirely possible. Attorney Auffredou-I would intend to agree with you. Councilman Strough-But I think that was just a mistake. Ok. That is all I have for now, thank you. Supervisor Stec-Any other Town Board Members? Councilman Boor-I just have a couple, John touched on most of them. My understanding was and I have only spoken with one member of the Queensbury land conservation that they probably do not want this so, I think we are going to probably, no that is just one member, we will probably will have to talk to our Attorney about the best method. I think this board was unanimous in that we did not want to see what is currently the Golf Course susceptible to further subdivision. But, and I agree with Councilman Strough’s indicating that perhaps there would be an advantage in segmenting off the units both apartment and professional office but the other thing that we might want to consider is to designate where the club house is now and allow for future expansion of the club house. I would hate to see the club house included in a conservation easement that would not allow for future expansion either of the parking lot or the facility, because I golf there myself and I enjoy it but I think that in the future an expansion might make it a more viable business opportunity for somebody and I think it would be good for the community and that business. I would ask that you consider a method of segmenting off what won’t interfere with the golf course and yet allow for some kind of expansion of that facility that is currently there. Councilman Brewer-How much would you allow them though? Councilman Boor-Well, I think it is really determinant upon how much you are willing to, I would hate to have, see you take I do not want to see the golf course disturbed but I think perhaps a different lay out or I just think it could be done where there is more parking lot that could be created and maybe a larger building. Maybe a two story building, I do not know I think that in the future I would hate to see us by conservation easement create a situation where we could not improve the structure that is currently the club house. Mr. Miller-Tim I think your concern is that anything that they would propose to do would obviously have to come back it would have to come back before this board that it was in keeping with the intent of the PUD and would have to go to the Planning Board so we would certainly need the approvals. 17 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Councilman Brewer-Well, maybe we could put some kind of language in there that this board would consider some kind of expansion of the club house for improvements in the future as needed or whatever. Councilman Boor-As long as it’s like a restaurant, clubhouse we are not talking about apartments above a club house. Councilman Brewer-Not tear that down and build four more rental units or whatever. Attorney Auffredou-Why don’t we propose some language between now and the next meeting for Bob to consider and you all to consider and we can keep thinking about it. How does that sound? Councilman Brewer-Sure. Attorney Auffredou-I think it is a good idea and as long as we, I think we should propose something for you to consider. Councilman Boor-That would be fine by me. Supervisor Stec-Any other questions though Roger? Councilman Boor-No I don’t. Supervisor Stec-Ted? Councilman Turner-The only question I have got is about the four acre slot there, what is the road frontage there, Jim on Cronin? Mr. Miller-200’ Councilman Turner-The bridge is right there and there is a pretty good curve right there and it is, you cannot see coming from the west the trees are right in your way and when they are in foliage you cannot see beyond them. So, that is a pretty dangerous spot for an entrance. Mr. Miller-We will have to take a look at that and we will see where the best place is for that, for that entrance to come in even if we had to provide some easement to get it in the best location. The one good thing it is on the outside of the curve so you know that will help but we will look at that we will confirm that when we come back with a recommendation. Councilman Strough-Just a letter from Bartlett, Pontiff, Stewart and Rhodes th dated July 25 2005 to Ms. Ryba and it is the last sentence; developer will provide access to the towns four acre parcel via Cronin Road signed by John Lapper. The other one the subdivide, subdivide is paragraph 7 titled Site and Subdivision Plans in the PUD Agreement The Meadows Planned Unit Development Agreement page 3 paragraph 7 titled Site Subdivision Plans each townhouse will be on a separate subdivided, subdivided lot, so just to help you out finding it. 18 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Ms. Stefanie DeLallo Bitter-Thank you very much. Supervisor Stec-Tim Councilman Brewer-No, I am all set for right now. Supervisor Stec-Ok. The public hearing is open, if there are any members of the public that would like to address questions regarding this proposed rezoning, again we will not be taking action tonight but your comments are important we will continue the public hearing after we get back from the Planning Board on this. So, if there are any members of the public just ask. Yes, Sir, We just want you to state you name and address for the record, please. Mr. Glen Rode-51 Cronin Road I want to point that out on the map just for clarification. Councilman Boor-What is you last name? Mr. Rode-Rode I own the property adjacent to the proposal right along Halfway Brook, this is actually the boundary of my property right here and I also own 3.19 acres so, I am an immediate neighbor of this property. I agree with Mr. Turner on the access to that land. I know the last time that four acres was brought up, who was your organization that would look at that? Councilman Brewer-The Planning Board or Recreation Dept. Mr. Rode-Parks and Rec. there was a Rec. Dept. representative at one of the meetings that said we may not want that it is not good for anything because it is wet and that’s my main concern is about anything that goes on in this area. It is a very low lying area the brook very often raises above its banks, it is a flood plain and some of the concerns I had with the senior housing when it was proposed was how much fill was going to be added what is going to be done for you know erosion control and storm water management. Has there been a storm water management review associated with this project? Councilman Brewer-That is an issue that will come up at the Planning Board when they go for site plan, all those technical questions should and will be answered. Mr. Rode-If any kind of parking was done along here I would say along the road parking not some access where you drive back in there, they fly around that turn right there. Councilman Turner-That is where they park now on the road. Mr. Rode-They just park along the edge of the road and there is never been a problem so that would be the … Councilman Strough- Just a couple of cars parked like you say. 19 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Mr. Rode-Both sides of the road and then they take off in the same direction. Ok. With that out of the way I have some studies that were done, they are on Halfway Brook Water Shed Management Plan and the Halfway Brook Water Shed Storm Water Assessment Management Plan and basically it was a Warren and Washington County effort to review Halfway Brook and the Champlain Canal Watershed area and basically in a nut shell what is spells out is that Halfway Brook and its impaired waterway and there is two reasons for it, farming and development. As I would not call myself an environmentalist but I am concerned that the quality of the water in the brook has been degraded due to a lot of the development that has been done over the years. I have lived in this house a little over five years, this actually my sixth year and the amount that has gone on, on Meadowbrook I am sure has to have some impact on the brook and the hydrology of the area. I wonder how much study is going to be put into that in this project. I like this better than what the senior housing proposal was, that was bunch of little cul de sacs. It was a mess, but I really hope that the Planning Board looks long and hard at how much fill is going to be put in there because my yard floods on a regular basis. It is just a matter of time if they through seven feet of fill in there like they were proposing for the senior housing before my land if underwater. The banks are going to erode more, the whole thing has got to be studied. Councilman Strough-You do plan to be going before the Planning Board right? Mr. Rode-Yes. Is there a date set for that? Councilman Strough-No. Councilman Brewer-You will be notified of that. Supervisor Stec-You will definitely be noticed. Councilman Boor-You will be noticed. Director Marilyn Ryba-I believe that they will discuss a recommendation on th August 16. th Mr. Rode-August 16 Ok. Councilman Strough-That is just for a recommendation, that is not really for site plan? Director Ryba-That is correct there is no site plan or subdivision submitted at this time. Councilman Strough-The site plan would be possibly October or something like that? Supervisor Stec-…acting on this until September if they get an th recommendation to us on the 16 our next regular meeting will not be until th September 12. 20 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Mr. Rode-One of the things I wanted to add as well I will suppose I will take this up with the Planning Board as well if there were sites, there were some sites, sighted for location of potential storm water improvement sites on that lot is one of them. That is one of the spots that they said storm water improvements could be done, possibly that could be incorporated into this project somehow. Councilman Brewer-You mean on the previous? Mr. Rode-This is out of this study, done by Warren Washington County. It was actually done through a grant through EPA and a study basically everything I was talking about. Councilman Boor-We do have copies of that by the way, not with us tonight but we do have those. Councilman Brewer-A couple of years ago wasn’t it? Councilman Strough-Yes, a couple of years ago. Mr. Rode-Halfway Brook, you know is basically an impaired waterway now, at one time it wasn’t so that is something to consider. That is all I got. Supervisor Stec-Thank you sir, anyone else this evening to comment on this public hearing regarding this proposed rezoning? (No one spoke.) Ok. Any other comments that we need to address before, again we will leave the public hearing open and then pending some sort of recommendation from the Planning Board the next window that this will probably be eligible to th come back to us might be September 12. Unless we do not have a th recommendation from the Planning Board and at that time it will be the 26 of September and so forth you guys know how it works. Councilman Boor-Just so that I am clear Dan, So, Martin you are going to prepare for your clients some of the things that we discussed and give that to Bob our Attorney and Bob are we going to see that before it goes to the Planning Board? Town Counsel Hafner-We will share it with the Town Board as soon as we get it and we will talk with Marilyn and her department. Attorney Auffredou-Roger that will certainly be our intention, to get something to Bob as soon as possible, within a week. Supervisor Stec-Thank you Martin. So I will leave the Public Hearing Open and we will move on to the next agenda item. 3.0 CORRESPONDENCE NONE 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 21 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 5.0 PRIVILEGE OF THE FLOOR (limit – 5 minutes) Mrs. Barbara Bennett-Dixon Road - Noted that she was having trouble hearing the Town Board asked that it be looked into. Mr. Pliney Tucker-41 Division Road - Thanked Jennifer Switzer for the information that he requested at the last meeting. Commented that if need be we can borrow 114,491,463. Supervisor Stec-Not while I am Town Supervisor, Pliney or any of us are on the Town Board we do not want to borrow anywhere near that. Mr. Tucker-I do not want you to give it to the County either or the City of Glens Falls. Questioned if there was any news regarding Niagara Mohawk. Town Counsel Hafner-We have talked to the Attorneys for Niagara Mohawk since the last meeting we have reviewed the map that they sent us of the five acre parcel, we already had a map of the six point two acre parcel. Noted there was an issue regarding title, we have found who did the title when the Town purchased the last portion and that person did the title for all of it we are going to get a title report. The Attorney for Niagara said they have the property descriptions, schedule A, for the 6.2 acre parcel and he said he would get us that deed before the next board meeting. He will get us a deed for the parcel that you have been curious about as soon as he can find the exact schedule A, he has found the map, if cannot get the schedule A I spoke to him about us working with Matt Steves to have him who prepared map prepare a schedule A. Within two weeks of getting the schedule A he would get us that other deed for the other parcel and then we have to get that to the title company so they can do the title report. Mr. Tucker-How much land did he claim was involved? Town Counsel Hafner-Five acres. Mr. Tucker-Noted there is a log cabin there. Town Counsel Hafner-Noted he had spoken to the Assessor about that because I was concerned whether or not it is on our parcel, I now have the map I have not had a chance to go over it with Helen so I do not know whether the log cabin is on our parcel or not. Noted the log cabin is there by lease, on Niagara Mohawk Property if it happens to be on the towns we would have to make them terminate the lease before we got the property. They seem to think that it is not on the parcel we get. Mr. Tucker-Noted that he believes that when the original package was put together the log cabin was not there. On the establishment of Crandall Library, according to the law Crandall Public Library could not be established because the town could not use taxpayers money to support the building that the library was in because the library did not belong to the public it belong to the Crandall Trust. I believe we can go to Audit and Control and have them take a look at it. 22 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Town Counsel Hafner-The rules are if there is a lease for at least the period of the borrowing that the State Comptrollers Office says that is sufficient interest in the property to build something on it. Mr. Jason Chant-Representing Motive Power and Paint – Looking to move their business from South Glens Falls to Luzerne Road in the Bare Bones Warehouse, noted they have been told it is not zoned for retail it is currently zoned light industrial, questioned what to do. Supervisor Stec-Noted that the owner of the property would have to be the one to propose a change of zone or use variance to allow that retail business in that location. Spoke to Mr. Chant regarding the process that the owner would have to go through to obtain the change. Mr. John Salvador-Read from Chapter 456 from the laws of 1992, Crandall Library enabling Legislation regarding financing. There is much concern in the community which make up the Crandall Public Library District. Once again the library leadership is promoting the need for a facility expansion where the very need is questionable and the magnitude of the estimated expenditure totally unacceptable. Question raised as to the legality of taxpayers financing of improvements to a facility called a public library which is not owned by the district. Mr. Leo Rigby-5 Willow Road – What is the status of the Aviation Road Traffic Hardware study? Supervisor Stec-There are two committees associated with AGFT the Technical Advisory Committee did forward a recommendation to the Policy Committee that we include it in the work plan to get this done. They reported that there was adequate funding available to hire a consultant. It is important to dovetail with the school anything we are look at. They will copy all correspondence to the school. The next month the Policy Committee will formally adopt that. Mr. Rigby-Has there been a commitment regarding the funds? Supervisor Stec-That is what the Policy Committee will do. Mr. Rigby-When will they next meet? Supervisor Stec-Sometime in August. Mr. Rigby-Re: Butler Storage Reservoir Situation and the leaking of the dam. Supervisor Stec-I have gone there myself, with Councilman Brewer to the storage dam, that prompted on my part a letter to the City of Glens Falls, to the Mayor, the Engineer, and Earth Tech Management and copied the Town Board and several other State Officials, expressing concern over what is being done to look at the City’s Watershed dam. I have not heard back from anybody. I will give it a week or two and put another bug in people’s ears about it. 23 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Mr. Rigby-Re: Possibly establishment of the Village of East Lake George what are the thoughts on this? What will be the possible tax implications on the existing residents of Queensbury if that should happen and what are the possibilities of that happening? Supervisor Stec-We are still looking at it from a financial perspective and as well as from a legal perspective. I received a copy of a petition last week and we did receive the rest of the filing fees today it appears that we have a properly filed petition we have not gone through it yet. Jennifer has been working with some folks at the County as well as the State Comptrollers Office. I am hoping by the end of the month we will have enough detail, we want to make sure that anything that we put out is accurate and we want to get it right the first time. th Mr. Dave Strainer-1124 Ridge Road –Read article from Post Star July 19, 2005 Story from the Glens Falls Water and Sewer Commission was they directed the City Engineer to explore hiring a consultant to advise the City of Glens Falls on the best way to remove brush and trees from the dam on the City Watershed property. Inspection reports have mentioned brush and trees be removed and replaced with compacted fill and a layer of grass on the top. The State Dept. of ENCON may require a permit to remove the trees the Butler Storage Dam also has some minor leakage around the spillway that does not pose and imminent danger. Re: Presentation by Dave Wick of Soil and Water has that been shown to the Town? Supervisor Stec-That is a good idea. Mr. Strainer-He mentioned that there is grant money where the State would pay for private septics to be pumped? Supervisor Stec-I did hear that, I will ask him about it… Mr. Strainer-Re: Trash Plant This last month the plant had a profit of $162,000. where does that go? Supervisor Stec-It is split with Washington County. Anything that we can do to send more garbage there is going to save everybody. Noted we are working on a Garbage District… Mr. Strainer-The only negative I have heard is people to not want to be forced to use a collecting agent. Supervisor Stec-This is optional, there are people out there that want to take there refuse to the landfill themselves. Asked for further comments hearing none Privilege of the Floor closed. 6.0 TOWN BOARD DISCUSSIONS Councilman Strough- 1. Tomorrow night is National Night Out – Festival in Crandall Park between four and nine 2. Adirondack Transportation Highway Plan – I am glad to see we are making progress 3. Noise – call from resident concerned about tree cutting in the Indian Ridge Area early in 24 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 the morning, noted there is no simple solution to this. 4. Saratoga Associates have they gotten back to us with the latest contract language? Director Ryba-Yes - There will be a discussion held with that shortly. Councilman Strough-5. Questioned if the Verizon Letter has been sent out? Supervisor Stec-It went out. Councilman Strough-We are interested in looking into their franchise agreement with cable TV. 6. Thanked Supervisor Stec for getting the letters out to the Utilities explaining the underground burial of the utilities th along Main Street Construction Project 7. September 8 there will be celebration in Queensbury 9:00 am tentative, 250 Anniversary of the Battle of Lake George, there were three engagements to that battle, the morning engagement was in Queensbury, Williams Monument on Route 9 is where the ceremony will be held. 8. Queensbury Post - Sr. Bazaar was held-it th was a good time - August 8 Senior Stroll Nature Walk at Up Yanda Farms th -August 12 Lunch and games - August 17 Racquet Lake Cruise and Tour thth - August 19 Bingo - Sr. Cruses Lac du Saint Sacrement - August 24 Saratoga Race Track - Golf Tournament being proposed for the fall and on st the 31. Floating Class Room with the Lake George Association if you are 55 or older you can belong to this organization 9. Great Escape-Workshop - requested for a New York State Industrial Basic Life Support First Response Agency Code Number and how is this going to impact our Fire and EMS Supervisor Stec-We will have a discussion on that. Councilman Strough-10. Questioned if we will have a workshop on Main Street Gateway Proposal Supervisor Stec-We can. Director Ryba-We have some forms that need to be put forward by resolution so we can do that at the next meeting and have a discussion on the th 8. Councilman Brewer-One item-Ltr. From Queensbury School on Rush Pond what is up with that? Councilman Strough-Spoke with the School, they have given us the approval for us to go and survey their property and we have got another key player approval. Councilman Brewer-The letter states that the School clearly the path as it is now proposed raises serious concerns, the survey does not mean that the district will support the use of its land for the path. Councilman Strough-Dr. Howard called me, his concern is that the bicycle path I said it was just conceptual not get in the way of the cross country trail…I assured him that when all is said and done it will not get in the way of the cross country trail and he said fine. He sent the letter to protect the 25 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 school but I will give the approval to survey it and you come back with the proposal. Noted there is a lot of space to avoid the trails. Councilman Turner-No comment at this time. Councilman Boor-Noted Eric West has not received the tables… Supervisor Stec-Will see that is done. Councilman Boor-Re: South Queensbury funds…questioned if there was a reason why the money was being held… Budget Officer Switzer-We are not withholding money they requested twelve thousand dollars and part of what they requested was a cushion. At the time they made the request they had fifteen hundred dollars in cash in the bank just in their operating account plus they had some fund raising money and some rental money. I would rather they came and asked for money if they have a problem. Noted they also had over ten thousand from the Foreign Fire Insurance which can be spent any way they wish. Councilman Boor-Are we supposed to give them any money? Are we denying them money that they should be getting? Supervisor Stec-We have no contract with them. Budget Officer Switzer-They have a lot of little things that they are trying to take care of because they have not been taken care of over I do not know how many years… Councilman Brewer-I thought we had an agreement with them month, by month. Budget Officer Switzer-It is month by month. Councilman Boor-Are we up to day on our month by month payments? Budget Officer Switzer-In my opinion I say we are. Town Counsel Hafner-Your contract with South Queensbury went through the year 2004, there was a provision that we put in there in case there were issues with renewing that said… Councilman Boor-One Twelfth. Town Counsel Hafner-the Town Board could automatically have it renewed if they did not act as if they were not renewing on a month by month basis and that is how the town board has been paying them under the extension of last years contract. We made it clear as I understand, I was not at that meeting that they needed to show proper use of the funds before it would be distributed. Supervisor Stec-They have been doing that. 26 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Councilman Boor-I am in a quandary as to why they would suggest that some money is due them. I can appreciate that they may be asking for more than what they are entitled to but I do not want to withhold the whole thing because its more than what they should or may need. Budget Officer Switzer-I do not know if they are also speaking about the remainder of the 2004 contract which we have not paid them due to the fact we are waiting to see what is going to happen with the investigation. Councilman Boor-I am concerned with fire protection and the volunteers that are currently manning that station not getting what they are due. I do not want to give them more than they have and I do not want have incentives where they ask for more than they should get but I do not want a situation where they are constantly begging just to maintain their operation. Supervisor Stec-It was made very clear to me by our District Attorney she strongly recommended that we not square up the rest of our finance with them until her investigation is done. Noted he had testified before the Grand Jury last Friday regarding South Queensbury Fire as were others. Jennifer and I have been meeting with Ted Turner in very good faith with South Queensbury, they bring us the bills we add them up and Jennifer cuts the check. They are getting their due. Councilman Boor-Do they have enough to operate? Supervisor Stec-Yes, they do. Councilman Boor-Lake Sunnyside did a clean up of the Lake which they do on an annual basis and they got some pretty nice size piles of stuff which is a testament to their hard work. Spoke about the Sunnyside Regatta …great place and great time… Supervisor Stec-The Town’s Web Site www.queensbury.net Town minutes are available on that site … Thank Glens Falls National Bank and TV8 for sponsoring and producing the Town Board Meetings. The Town Board met with representatives of the Library and the City of Glens Falls and Moreau several weeks ago and they asked the Towns to go back and figure out which of the various options that were available to us were preferable. They are all legal, according to counsel and all more or less financially equivalent according to our budget officer. The Town Board did decide at a workshop and it was conveyed two weeks ago to the City of the Glens Falls and Moreau that the Town did not have a strong preference between the Dormitory Authority or the IDA but the least preferred was financing it as individual municipalities. I have not heard back from Glens Falls or Moreau we are waiting for them to contact the library. I will contact the library tomorrow to see if they have heard what direction Moreau and Glens Falls would like to go. (Councilman Brewer left the meeting) 7.0 RESOLUTIONS 27 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 RESOLUTION SETTING HEARING ON MARIANNE MC DONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MC DONOUGH LAW OFFICE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 365, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs) have applied to the Local Board of Health for a § variance/waiver from 136-44, as the McDonoughs have requested an exemption from the Town’s connection requirements to connect their Graycourt Motel and Law Office properties to the Town of Queensbury’s Route 9 Sewer District, as: connection with the lower Motel units must be constructed in a way to avoid destruction of a 200 year old sprawling oak tree; in addition to excavating earth, all connections will entail excavation of over 500 linear feet of black top and returning it to original condition after connection would require complete resurfacing costing anywhere between $52,500 to $88,000 - a financial hardship; current sewage disposal systems are in excellent working condition and are used two months per year at best so it would not be cost effective to connect; the Motel Office with seasonal residence is occupied during the same time period as the Motel and the house facilities are for private use only – not public; and the Law Office and Gift Shop separate from the Motel are open by appointment and have no regular employees other than the th owner and his daughter; all as more fully set delineated in the McDonough’s July 25, 2005 letter and application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold th a hearing on August 15, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Marianne McDonough dba GrayCourt Motel and Thomas J. 28 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 McDonough Law Office (the McDonoughs)’s sewer connection variance/waiver application concerning the properties delineated in the preambles of this Resolution and located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.’s: 296.9-1-8 and 296.9-1-9), and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the McDonoughs as required by law. st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: Mr. Brewer Supervisor Stec-May I interrupt-This is something from the Amercians Supporting Americans and the group that the Town of Queensbury has adopted and folks have been bring in their list of items that John has mentioned several times over the year…Darleen st received an e-mail last week from 1 Sergeant Jeffrey Stitzel - I think something is broke on my end I will try and figure out what is wrong with my e-mail. We did receive the Cities package and letters I know it is too late but the letters that the kids sent were great. We have them posted all over the buildings for the men to read. We have been very busy with the War on Terrorism. The men have performed flawlessly and professionally. The Community of Queensbury should be very proud of the men we thank you again for the support I will get some more pictures and send them your way. Thanks for everything. st Very Respectfully, 1. Sergeant Jeffrey T. Stitzel RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORER IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. :366, 2005 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire another temporary Laborer to work for the summer for the Town’s Highway Department as one of the Department’s temporary Laborers is unable to work, NOW, THEREFORE, BE IT 29 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Chad Flint as a temporary Laborer to work approximately 18 weeks for the Town nd Highway Department commencing on or about August 2, 2005, and BE IT FURTHER, RESOLVED, that such temporary employee 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 Highway Superintendent, Deputy Highway Superintendent, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer (Councilman Brewer re-entered the meeting) 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. 367, 2005 INTRODUCED BY: Mr. Daniel Stec 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 30 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a four-way stop intersection at the intersection of Caroline and Fourth Streets, 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 th on Monday, August 15, 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. st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None AMENDMENT TO TOWN OF QUEENSBURY ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK SECTION 1. Ordinance No. 28 of the Town of Queensbury Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, State of New York, is hereby amended to add a stop intersection as follows: 31 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Stop sign(s) shall be erected to make a four-way intersection at the intersection of Pershing Road and Ashley Place. SECTION 2. This Amendment shall take effect 10 days after its publication, posting and compliance with §1683(a) of the Vehicle and Traffic Law. Discussion held before vote: Supervisor Stec - Caroline and Fourth Streets are a four way intersection two way stop this is setting a public hearing to make it a four way stop. The concern is as Main Street construction progress, Fourth Street will become a by-pass from South Glens Falls to try to get to Exist 18 before that even happens there are already people that are using it as a by-pass of Main Street. Councilman Brewer-It was a recommendation by one of our constituents who then talked to the Deputy Highway Supt. which is now the Highway Supt. and he recommended that. RESOLUTION AUTHORIZING AMENDMENT OF YEAR 2004 SERVICE AWARD PROGRAM RECORDS FOR WEST GLENS FALLS VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 368, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 116.2005, the Queensbury Town Board approved the 2004 Volunteer Fire Company and Volunteer Ambulance Worker Service Award Program Records for each of the Town’s three (3) Emergency Squads and five (5) Volunteer Fire Companies, including the West Glens Falls Volunteer Fire Company, Inc., (Fire , Company)and WHEREAS, PENFLEX, Inc., the Town’s provider of Service Award Program Administration Services, has informed the Town Board that the Fire Company is submitting revised 2003 and 2004 points listings and therefore the Town Board will need to amend the Fire Company’s 2004 Year End Report, and WHEREAS, the Town Board wishes to approve such an amendment to the Fire Company’s Year 2004 Service Award Program Records as recommended by PENFLEX, NOW, THEREFORE, BE IT 32 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 RESOLVED, that the Queensbury Town Board hereby amends the 2004 Volunteer Fire Company Service Award Program Records for the West Glens Falls Volunteer Fire th Company as delineated in Penflex, Inc.’s May 25, 2005 letter presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Assistant and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution, including making arrangements with Glens Falls National Bank and Trust Company for contribution adjustments, if necessary. st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-We submitted our Service Award Records and there was an error that needed to be corrected in West Glens Falls Fire Co., Inc. and this has been corrected by the Fire Company. Noted that the Town of Queensbury was timely in submitting its reports this year… Councilman Strough-Noted military service credit earned by three fire fighters in South Queensbury Volunteer Fire Co. RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5075 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 369, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and 33 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 WHEREAS, a single family property, Case File No.: 5075, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty five thousand two hundred thirteen dollars and forty nine cents ($25,213.49), and WHEREAS, the owner is eligible to receive up to $5,000 in a deferred loan through the Town Housing Rehabilitation Program by separate loan Resolution, and WHEREAS, the property owner has agreed to contribute two hundred thirteen dollars and forty nine cents ($213.49) towards the cost of the project, and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 5075 in the Town of Queensbury, New York in the amount not to exceed twenty thousand dollars ($20,000) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough 34 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 NOES : None ABSENT : None RESOLUTION APPROVING HOUSING REHABILITATION LOAN IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 370.2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS, a single family property, Case File #5075, has been determined to be eligible for a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such a loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty five thousand two hundred thirteen dollars and forty nine cents ($25,213.49), and , WHEREAS the property has been approved for a grant for twenty thousand dollars ($20,000) through the Housing Rehabilitation Program, and WHEREAS, the property owner has agreed to contribute two hundred thirteen dollars and forty nine cents ($213.49) towards the cost of the project, and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving this deferred loan, and 35 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby approves a rehabilitation loan for Case File #5075 in an amount not to exceed five thousand dollars ($5,000) and hereby authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT TH GREAT ESCAPE THEME PARK ON AUGUST 27, 2005 RESOLUTION NO.: 371, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Young Broadcasting of Albany WTEN-TV, has requested permission to conduct a fireworks display as follows: SPONSOR: Young Broadcasting of Albany WTEN-TV PLACE: Great Escape Theme Park th DATE: Saturday, August 27, 2005 TIME: 9:30 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the § Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks 36 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 permit to Alonzo Fireworks Display, Inc., on behalf of Young Broadcasting of Albany WTEN-TV, 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: 37 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 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. st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING FIREWORKS DISPLAY RD AT HILAND PARK GOLF CLUB ON SEPTEMBER 3, 2005 RESOLUTION NO.: 372, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 38 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Angela Swan, has requested permission to conduct a fireworks display as follows: SPONSOR: Angela Swan (for wedding reception) PLACE: Hiland Park Golf Club rd DATE: September 3, 2005 TIME: 10:30 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the § Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of Aaron Fagelman, 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; 39 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Bay Ridge Volunteer Fire Co., Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law §405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 40 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 373, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 2005 Town Budget as follows: FROM: TO: $ AMOUNT: 001-1990-4400 001-6410-4530 12,000. (Contingency) (Publicity/Advertising) COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 001-3410-2010 001-3410-4105 350. (Office Equipment) (Mobile Comm.) 001-1990-4400 001-3620-4110 2,000. (Contingency) (Veh. Repair & Maint.) st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Discussion held before vote: Councilman Strough-Wondered if instead of a quarterly newsletter we do a bi-annual and save twenty four thousand dollars. Budget Officer Switzer-Noted that should be brought up at budget time. RESOLUTION APPROVING AUDIT OF BILLS 41 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 RESOLUTION NO.: 374, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thnd presented as the Abstract with a run date of July 28, 2005 and a pay date of August 2, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thnd run date of July 28, 2005 and pay date of August 2, 2005 numbering 25-338000 through 25-347100 and totaling $272,772.55, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF WESTERN RESERVE TRAIL IN WESTERN RESERVE SUBDIVISION RESOLUTION NO. 375, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Western Reserve, LLC has offered a deed to dedicate Western Reserve Trail in the Western Reserve Subdivision to the Town of Queensbury as more particularly 42 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 described in the survey map prepared by VanDusen & Steves Land Surveyors, LLC dated thth , July 15, 2003 and last revised October 8, 2004 and presented at this meetingand WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the developer completing the top st coat of the black-top within two years of the date of acceptance or August 1, 2006 and drainage easement boundaries being defined and in place, and WHEREAS, Western Reserve, LLC has provided the Town with a $17,000 cash st escrow to ensure placement of the top coat on the roads by August 1, 2006, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, contingent upon the road being paved before inclement weather or all catch basins must be paved to eliminate the inch and a half distance in the pavement, that the Queensbury Town Board hereby accepts and approves the deed for dedication of Western Reserve Trail in the Western Reserve Subdivision, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including an Escrow Agreement in form acceptable to Town Counsel and the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Western Reserve, LLC to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the road to the official inventory of Town Highways as follows: 43 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 Name: Western Reserve Trail Road Number: 547 Description: Beginning at West Mountain Road and continuing a distance of 1,325 feet and .25 hundredths of a mile and ending at a cul-de-sac. Feet: 1,325’ and .25 of a mile . st Duly adopted this 1 day of August, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer ABSENT: None NOES : None Discussion held before vote: Councilman Strough and Councilman Boor-Requested that the dates in the second and third Whereas be changed to 2006. Councilman Strough requested the first Resolve read as follows: contingent upon the road being paved before inclement weather or all catch basins must be paved to eliminate the inch and a half distance in the pavement, and that the Queensbury Town Board hereby accepts and approves the deed for dedication of Western Reserve Trail in the Western Reserve Subdivision, and Agreed to by John Strough and Roger Boor RESOLUTION APPOINTING MICHAEL PALMER AS FIRE MARSHAL ON PROVISIONAL BASIS RESOLUTION NO. 376, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brewer WHEREAS, the Town of Queensbury’s Fire Marshal recently submitted his resignation, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board authorize the provisional appointment of current Deputy Fire Marshal Michael Palmer to the position of Fire Marshal, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Michael Palmer to th the position of Fire Marshal effective August 8, 2005 on a provisional basis until such time 44 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 as Mr. Palmer passes the non-competitive, promotional Civil Service exam for the Fire Marshal position, and BE IT FURTHER, RESOLVED, that the probationary period for this provisional appointment shall be served concurrently with the probationary period Mr. Palmer is currently serving for the Deputy Fire Marshal position, and BE IT FURTHER, RESOLVED, that upon successful completion of the Civil Service Exam for the Fire Marshal position, Mr. Palmer shall be subject to an eight week probation period for the permanent Fire Marshal position, and BE IT FURTHER, RESOLVED, that Mr. Palmer shall be paid a salary of $37,974 per annum to be paid on a prorated weekly basis, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-Fire Marshal Steve Smith has resigned and upon the recommendation of Marilyn Ryba she is recommending that we promote Mike Palmer from Deputy Fire Marshal to Fire Marshal on a provisional basis until Mr. Palmer passes the non competitive promotional civil service exam for Fire Marshal. Councilman Boor-Are we going to advertise for a Deputy? Director Ryba-Yes. 45 REGULAR TOWN BOARD MEETING 8-01-2005 MTG. 36 8.0 ACTION ON RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 9.0 ATTORNEY MATTERS NONE RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 377.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. st Duly adopted this 1. day of August, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury