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2006-01-01 ORG MTG1 309 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 ORGANIZATIONAL MEETING MTG.#1 JANUARY 1, 2006 RES. 1-41 10:00 A.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNICILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN AND OFFICIALS COUNTY ATTORNEY PAUL DUSEK TOWN COUNSEL BOB HAFNER PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC SUPERVISOR STEC- Again, Happy New York everybody, I hope your Holidays are going well. Our order of business this morning the first thing we will swear in all of the elected officials that need to be sworn in again this year, then we will move into our meeting. I would like to introduce the Warren County Attorney Paul Dusek, who also happens to be my Uncle on my Mom’s side. OATH OF OFFICE Warren County Attorney Paul Dusek administered the Oath of Office to the Following Individuals: 1.Town Supervisor Daniel G. Stec 2.Town of Queensbury Councilmen Ward I Roger Boor Ward II Richard Sanford Ward III John Strough Ward IV Tim Brewer 3.Town Justice Michael Muller Highway Superintendent Richard Missita Town Clerk-Darleen M. Dougher Supervisor Stec-Before we get started I would just like to take a minute to recognize a few of our current and past elected officials that are here today, Assemblywoman Theresa Sayward, Thank you for coming down, I would also like to recognize my new counterpart and partner down in the City of Glens Falls the brand new Mayor of Glens Falls Mayor Roy Akins, we do have in addition to Rick and Darleen and Judge Muller we do have Judge McNally here this morning, we have two of our four other at large Warren County Supervisors present this morning Supervisor Mike Barody and Supervisor Nick Caimano, we have past Town Supervisor Steve Borgos, and I do see a few members of our Planning and Zoning Board and several Town Department Heads but thank you everybody and thank you most importantly the public for coming this morning. 2.0CORRESPONDENCE 2.1 To: Town Board FROM: Daniel G. Stec, Town Supervisor 310 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RE: Appointments st Date: January 1, 2006 I, Daniel G. Stec, do hereby make the following appointments for the year 2006: Executive Assistant to Supervisor Leesa Stiller Deputy Town Supervisor Tim Brewer Supervisor Stec-Introduced Ms. Lessa Stiller to the public. 2.2 Supervisor & Town Board Members 742 Bay Road Queensbury, New York 12804 Gentlemen: This letter is to request the following re-appointments for the calendar Year 2006 Karen Stockwell-Court Clerk Karrie Hatin-Court Clerk Margaret Quintal-Court Clerk Diane VonBraun-Deputy Court Clerk James Gerrard-Court Officer Thank you for your anticipated cooperation in this matter. We look forward to working with you in the year 2006. Respectfully yours, /s/ Robert P. McNally Town Justice /s/ Michael J. Muller Town Justice 2.3 To: Queensbury Town Board Re: Appointments 2006-2007 Date: January 1, 2006 I, hereby appoint the following for the years 2006-2007: st Caroline Barber 1 Deputy Town Clerk Deputy Registrar of Vital Statistics nd Karen O’Brien 2 Deputy Town Clerk Kim Rivers Records Clerk Judy Fish Deputy Receiver of Taxes 311 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 nd Irma VanGuilder 2 Deputy Receiver of Taxes Respectfully submitted, /s/ Miss Darleen M. Dougher Town Clerk-Queensbury 2.4 To: Town Board From: Richard A. Missita Date: December 15, 2005 Re: Appointment of Diana L. Tallon I hereby recommend the appointment of Diana L. Tallon to Confidential Administrative Secretary for the 2006-2007 calendar years. Respectfully, /s/ Richard A. Missita Highway Superintendent Town of Queensbury 2.5 To: Town Board From: Richard A. Missita Date: December 15, 2005 Re: Re-appointment of Michael F. Travis I hereby reappoint Michael F. Travis to Deputy Highway Superintendent for the 2006- 2007 calendar years. Respectfully, /s/ Richard A. Missita Highway Superintendent Town of Queensbury 3.0 RESOLUTIONS RESOLUTION SETTING 2006 TOWN BOARD MEETING SCHEDULE RESOLUTION NO.: 001. 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 312 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 WHEREAS, the Queensbury Town Board wishes to establish its 2006 meeting schedule, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law §62, the Queensbury Town Board hereby establishes its 2006 meeting schedule as follows: strd 1. Regular meetings shall occur on the 1 and 3 Mondays of each month at 7:00 o’clock p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, with the exception that the Town Board’s regular meeting dates shall be changed as set forth below for the following months: thrd A. January – 9 and 23 thth B.February – 6 and 27 thth C.September – 11 and 25. At regular meetings, public hearings will be held, Resolutions and motions will be proposed and/or adopted, miscellaneous matters will be discussed and the general public will be provided with an open forum session. 2. The Town Board shall schedule other special meetings for any purpose established by Town Board Resolution and/or in accordance with the New York State Town Law. The Town shall notify the media of the special meeting accordingly as required by the New York State Open Meetings Law. 3. If the Town Board decides to alter its meeting schedule, it will do so by Town Board Resolution and will notify the public and media by appropriate public notice. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec 313 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 NOES : None ABSENT: None RESOLUTION ESTABLISHING RULES OF PROCEDURE RESOLUTION NO.:002. 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to designate Robert’s Rules of Order as its official rules of procedure, NOW, THEREFORE, BE IT RESOLVED, in accordance with the authority granted by New York State Town Law §63, the Queensbury Town Board hereby designates Robert's Rules of Order as its official rules of procedure for the year 2006 except when these Rules are not in agreement with Town Law. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO.: 003. 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 314 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 WHEREAS, New York State Town Law §64, Subdivision 11 requires the Town Board to designate an official newspaper for the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates The Post-Star as the Town of Queensbury’s official newspaper. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION ESTABLISHING MILEAGE ALLOWANCE RESOLUTION NO.: 004. 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, New York State Town Law §116 requires the Town Board to establish a mileage allowance for the use of Town employees’ personal automobiles in the performance of employees’ duties when a Town Fleet Management vehicle is unavailable, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law §116, the Queensbury ¢ Town Board hereby establishes the amount of 44.5 per mile to be allowed for the actual and necessary use of Town employees’ personal automobiles in the performance of employees’ duties. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None 315 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLUTION AUTHORIZING BANKING TRANSACTIONS AND INTERNET-BASED BANKING SERVICES RESOLUTION NO.: 005. 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, New York State Town Law Paragraph 64, Subdivision 1, requires the Town Board to annually designate its Depositories for Town Funds, and WHEREAS, in accordance with New York State General Municipal Law §5-a and §10 and Town Law §64, it is the duty of the governing boards of local government to adopt a system of internal controls for the documentation and reporting of all transfers or disbursements of funds accomplished by electronic or wire transfer, and WHEREAS, in accordance with prudent business and cash management practices the Queensbury Town Board wishes to formally specify the authorities under which business may be transacted with these Depositories, and WHEREAS, the Town previously received agreements providing for Internet- based banking services entitled: 1.Internet Banking and Bill Paying Service Agreement; 2.ACH Agreement; and 3.Wire Transfer Agreement (Governmental); and such Agreements have been reviewed and are in form acceptable to the Budget Officer and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the following actions: 1.The following individuals, in their official capacities, are authorized to transact the financial and banking business of the Town of Queensbury in accordance with 316 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 all applicable laws and organization documents, and the specific authorities granted by this Resolution: Daniel G. Stec, Supervisor Tim Brewer, Deputy Supervisor Jennifer Switzer, Budget Officer 2.Each of the following banks has applied and consented to serve as Depository of Town funds and has executed a Third Party Custodian Agreement satisfactory to the Town Budget Officer/Accountant and Town Counsel and are hereby designated as approved Depositories: Evergreen Bank, NA Glens Falls National Bank and Trust Company J.P. Morgan Chase 3.The Town Supervisor and Budget Officer, or either one of them, is/are hereby authorized to open a bank account or accounts from time to time with authorized banks and their affiliates for and in the name of the Town of Queensbury with such title or titles as he/she may designate, and to execute depository contracts that comply with Town Policy and operating procedures. 4.The maximum FDIC insured amount which may be kept on deposit at each Bank at any time is $100,000. The amount over and above FDIC insurance of $100,000 which may be kept on deposit at each bank is limited the value of approved collateral, calculated in accordance with Regulations of the New York State Comptroller, pledged to secure Town deposits and deposited with the designated Third Party Custodian. 5.The Town Supervisor and Deputy Town Supervisor and their successors and any other person authorized by statute, regulation or Court Order of behalf of the these authorized persons, is/are hereby authorized to sign, by hand or by facsimile (including, but not limited to, electronically generated) signatures(s), checks, drafts, acceptances and other instruments. Two signatures shall be required on any checks, drafts, acceptances and other instruments. 6.The Town Supervisor and Town Budget Officer are authorized singly, within the Town’s operational procedures, to initiate Automated Clearing House debits without signature; initiate payment by use of Depository Transfer Checks without a signature; or give instructions, by means other than the signing of an item, with respect to any account transaction, including the payment transfer or withdrawal by wire, computer or other electronic means. 317 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 7.The Town Supervisor and Town Budget Officer are hereby authorized without further action of the Town Board to execute bank forms establishing procedures for call-back verifications and written confirmations in connection with payment orders, thereby designating one or more individuals, whether or not such individuals be designated as “Authorized Persons”, for the purpose of the verification of payment orders and issuance of written confirmations. 8.The Town Clerk and/or Deputy Town Clerk(s) is/are hereby authorized and directed to certify to Authorized Bank Depositories under the seal of the Town of Queensbury the effect of this Resolution, the names of the officials, authorized persons and other representative of the Town of Queensbury and any changes from time to time of these officials, authorized persons and representatives, and specimens of their respective signatures. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that: 1.Glens Falls National Bank and Trust Company (Bank) is designated to provide the computer-based financial accommodations indicated in this Resolution. 2.This Resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by the Bank. Any and all prior Resolutions adopted by the Town Board and certified to the Bank as governing the operation of the Town’s accounts are in full force and effect until the Bank receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a Resolution must be accompanied by documentation, satisfactory to the Bank, establishing the authority for the changes. 3.The signature of an Agent named on this Resolution is conclusive evidence of his authority to act on behalf of the Town. Any Agent, so long as he acts in a representative capacity as Agent of the Town, is authorized to make any and all other contracts agreements, stipulations and orders which he may deem advisable for the effective exercise of the powers indicated above, from time to time with the Bank, subject to any restrictions on this Resolution or otherwise agreed to in writing. 318 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 4.All computer banking transactions, if any, by or on behalf of the Town prior to the adoption of this Resolution are hereby ratified, approved and confirmed. 5.The Town agrees to the terms and conditions of the Cash Management Internet Banking Services Agreement – Governmental and the ACH Agreement Governmental Customer Agreement for Electronic Payment Services and the Wire Transfer Agreement (Governmental) and authorizes any Agent named above to execute such Agreements and deliver them to the Bank. The Town authorizes the Bank, at any time, to charge the Town for all checks, drafts or other orders for the payment of money that are drawn on the Bank so long as they contain the required number of signatures for this purpose. 6.The Town acknowledges and agrees that the Bank may rely on alternative signature and verification codes to or obtained from the Agents named in this Resolution. The term “alternative signature and verification codes” includes, but is not limited to, ID numbers and personal identification numbers (PIN) to be used by the Agents to access Internet banking services. The Bank shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed to in writing. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town of Queensbury’s Accounting Office to adopt a system of internal controls for the documentation and reporting of all transfers or disbursements of funds accomplished by electronic or wire transfer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer 319 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO FILE ANNUAL FINANCIAL REPORT IN TOWN CLERK’S OFFICE RESOLUTION NO.: 006. 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, New York State General Municipal Law §30 requires the Town Supervisor to file the Town’s Annual Financial Report in the Town Clerk’s Office on or before April 30, 2006 in lieu of filing a separate financial report with the Town Clerk by th February 28, 2006 as required by New York State Town Law §29, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State General Municipal Law §30, the Queensbury Town Board hereby authorizes and directs the Town Supervisor to file a copy of the Annual Financial Report to the State Comptroller with the Town Clerk’s Office on or before April 30, 2006. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION REAPPOINTING DARLEEN M. DOUGHER AS RECEIVER OF TAXES AND ASSESSMENTS RESOLUTION NO.: 007. 2006 INTRODUCED BY : Mr. John Strough 320 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 SECONDED BY : Mr.Roger Boor WHEREAS, the Queensbury Town Board wishes to reappoint Darleen M. Dougher as Tax Receiver for the years 2006 and 2007, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law §20, Subdivision 6(E) and Resolution No.: 97 of 1967, the Queensbury Town Board hereby appoints Darleen M. Dougher as its Receiver of Taxes and Assessments, such appointment to expire December 31, 2007. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION RE-APPOINTING REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER RESOLUTION NO.: 008.2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with New York State Public Health Law §4121(3)(a), the Queensbury Town Board wishes to re-appoint Darleen M. Dougher as Registrar of Vital Statistics and Records Access Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Darleen M. Dougher as Registrar of Vital Statistics and Records Access Officer to serve at the pleasure of the Board, and BE IT FURTHER 321 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLVED, that immediately upon Ms. Dougher’s acceptance of appointment, she shall appoint a Deputy to act in her place and stead in case of absence or inability and the Deputy shall accept this appointment in writing. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION APPOINTING JUSTICE CLERKS AND DEPUTY COURT CLERK RESOLUTION NO.: 009. 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with New York State Town Law §20, Subdivision 1(A) and New York State Uniform Justice Court Act §109, the Town Board has the authority to appoint Town Justice Court Clerks and Deputy Court Clerks, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Karen Stockwell, Kerrie Hatin and Margaret Quintal as Town Justice Court Clerks and Diane VonBraun as full-time Deputy Court Clerk, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Justice Court to notify the New York State Administrative Board of the Judicial Conference of these appointments. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION REAPPOINTING JOANNE WATKINS AS TOWN PURCHASING AGENT 322 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLUTION NO. 010. 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the 2006 Town Budget has a regular stipend of $4,224 for the position of Purchasing Agent, and WHEREAS, the Town Board wishes to reappoint Joanne Watkins to the part-time position of Purchasing Agent for the year 2006 in addition to her full-time position as Accountant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Joanne Watkins st as Town of Queensbury Purchasing Agent effective January 1, 2006 and authorizes and directs that Ms. Watkins be paid the $4,224 stipend for such position for 2006 in addition to her annual salary for the Accountant position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any documentation 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 January, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION REAPPOINTING DIANA TALLON AS CONFIDENTIAL SECRETARY TO TOWN HIGHWAY SUPERINTENDENT RESOLUTION NO.: 011. 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION 323 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 SECONDED BY: Mr. Tim Brewer WHEREAS, Town Highway Superintendent Richard Missita has recommended that Diana Tallon be re-appointed as Confidential Secretary to the Highway Superintendent for the year 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Diana Tallon as Confidential Secretary to the Town Highway Superintendent for the years 2006 - 2007. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING CONTRACT TO PROVIDE FUNDING TO LOCAL COMMITTEE ORGANIZING THE NEW YORK STATE HIGH SCHOOL BASKETBALL CHAMPIONSHIPS RESOLUTION NO.: 012. 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brewer WHEREAS, the Town of Queensbury wishes to providing funding to the local committee organizing the New York State High School Basketball Championships for the year 2006 to be held in Glens Falls in March, 2006, and WHEREAS, a proposed Agreement providing for such funds has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the local committee organizing the New York State High School 324 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 Basketball Championships substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-We are very happy to see that they are going to continue to stay. RESOLUTION TO APPOINT TOWN HISTORIAN RESOLUTION NO.: 013. 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to re-appoint Marilyn VanDyke, Ed.D. as its Town Historian for the year 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Marilyn VanDyke, Ed.D. as Town Historian for the Town of Queensbury for the year 2006. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-I will add on the Board’s behalf, Marilyn is here today, she has been our Town Historian for many years, fifteen years and she is also been very active in the Warren County Historical Society and many other organizations. She has achieved some very impressive designations as a historian in New York State and we are lucky to have her. Thank you. 325 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLUTION APPOINTING MEMBERS TO TOWN HISTORIAN’S ADVISORY BOARD RESOLUTION NO. 014. 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town Historian’s Advisory Board in accordance with the Queensbury Town Code, and WHEREAS, the one-year terms for the Advisory Board members recently expired and the Town Board wishes to appoint members for the year 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints the following members to the Town of Queensbury Historian’s Advisory Board until their terms expire on st December 31, 2006: John Austin; Douglas Baertschi; David Bannon; Maureen Monahan-Chase; John Strough; and June Krause. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None ABSTAIN: Mr. Strough RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2006 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO AMEND LANGUAGE CONCERNING THE PURPOSE AND ESTABLISHMENT OF PROFESSIONAL OFFICE (PO) ZONES AND THE AMENDMENT OF TOWN CODE TABLES 1, 2 AND 4 CONCERNING RESIDENTIAL USES RESOLUTION NO. 015.2006 326 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2006 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to § 1)amend language in Town Code 179-3-040 entitled “Purpose and establishment of zoning districts,” concerning the purpose and establishment of the Professional Office (PO) Zone; 2)amend the Town Code Use Tables 1 and 2 to require setbacks for residential uses within the PO Zone to be sited a minimum of 1,000 feet from Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 3)amend the Town Code Use Tables 1 and 2 to require non-residential uses within the PO Zone to be sited within 1,000 feet of Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 4)amend Town Code Use Table 2 to provide that personal service businesses are allowed as accessory and subordinate to a professional office and that any service facilities shall be located/housed within the professional office building; and 5)amend the Town Code Use Table 4 to clarify the density for multi-family dwelling units and clarify the floor area ratio requirements for office uses; and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on January 327 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 rd 23, 2006 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2006, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2006 in the manner provided by law and send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board, Town of Queensbury Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby refers such proposed Local Law to the Warren County Planning Board and the Queensbury Planning Board for their advisory recommendations in accordance with General Municipal Law §239-m and directs the Community Development Department to take all actions necessary to effect such referrals, and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the rd proposed Local Law after the public hearing at its January 23, 2006 meeting. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Strough NOES : Mr. Brewer ABSENT: None 328 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 LOCAL LAW NO.: __ OF 2006 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO MAKE REVISIONS TO THE PROFESSIONAL OFFICE (PO) ZONE AND TABLES 1, 2 AND 4 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: § SECTION 1. Queensbury Town Code Chapter 179, “Zoning,” 179-3-040 entitled "Purpose and establishment of zoning districts" is hereby amended as follows: § 179-3-040. Purpose and establishment of zoning districts. D.Other Districts. (1)Mixed Use MU. The MU District encompasses areas where mixed residential and commercial uses are encouraged. By mixing uses, the Town hopes to restore the vitality and vibrancy of these urban neighborhoods. The purpose of this zone is further to allow for a transition in a manner which permits the widening of the West Main Street arterial route, encourages safe traffic patterns, an aesthetically pleasing environment and safe pedestrian circulation. (2) Professional Office PO. The PO District encompasses areas where professional offices are encouraged. These are located along arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to see development of high quality offices where structures and facilities are constructed with particular attention to detail including but not limited to architecture, lighting, landscaping, signs, streetscape, public amenities, and pedestrian connections. The PO District can function as a transition zone protecting residential zones from more intensive commercial uses, while providing convenient professional services to residential neighborhoods. Office and residential facilities should be sited and built to demonstrate compatibility with adjoining uses and to minimize any negative impacts on adjoining land uses. It is the intent of the PO District to locate residential uses setback a minimum of 1,000 feet from roadways as outlined in the dimensional tables and behind professional offices. It is further the intent to locate all non-residential uses only within 1,000 feet of roadways. SECTION 2. Queensbury Town Code Chapter 179, “Zoning,” Table 1 entitled "Summary of Allowed Uses in Residential Districts" is hereby amended as attached and made part of this Local Law, to require setbacks for residential uses within the PO Zone to be sited a minimum of 1,000 feet from Bay Road, Sherman Avenue, Western Avenue or West Mountain Road and all non-residential uses shall be sited only within 1,000 feet from Bay Road, Sherman Avenue, Western Avenue or West Mountain Road. SECTION 3. Queensbury Town Code Chapter 179, “Zoning,” Table 2 entitled "Summary of Allowed Uses in Commercial Districts" is hereby amended as attached and made part of this Local Law, to require setbacks for residential uses within the PO Zone to be sited a minimum of 1,000 feet from Bay Road, Sherman Avenue, Western Avenue or 329 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 allonly West Mountain Road, professional office/office buildings shall be located within 1,000 feet of the arterial roadway, personal service businesses are allowed as accessory and subordinate to a professional office and any personal service facilities shall be located/housed within the professional office building. SECTION 4. Queensbury Town Code Chapter 179, “Zoning,” Table 4 entitled "Summary of Dimensional/Bulk Requirements" is hereby amended as attached and made part of this Local Law, to clarify the allowed density for multi-family dwelling units and clarify the floor area ratio requirements for office uses. SECTION 5. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 6. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 7. The provisions of this Local Law shall be applicable to all properties in the Professional Office Zone, including any for which applications are currently pending, unless all necessary approvals have been obtained and actual project construction has been substantially commenced. SECTION 8. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. RESOLUTION AUTHORIZING CONTRACT WITH WARREN COUNTY YOUTH BUREAU RESOLUTION NO.: 016. 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury wishes to contract with Warren County for the development and enhancement of its Youth Court Program for the year 2006, NOW, THEREFORE, BE IT 330 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLVED, that the Queensbury Town Board hereby approves of an Agreement between the Town and the Warren County Youth Bureau in form acceptable to the Town Supervisor and Town Counsel where the Town will pay Warren County an amount not to exceed $15,000 for the year 2006, and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION RE-APPOINTING THERESA HIGGINS TO TOWN CEMETERY COMMISSION RESOLUITON NO. 017.2006 INTRODUCED BY:Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the term of Cemetery Commission member Theresa Higgins expired st December 31, 2005 and the Town Board wishes to reappoint Ms. Higgins to the Commission for another three year term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Theresa Higgins to serve as a member of the Town of Queensbury Cemetery Commission until st such term expires on December 31, 2008. st Duly adopted this 1 day of January, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO. 018. 2006 INTRODUCED BY: Mr. John Strough 331 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Adirondack Theatre Festival presents numerous performances and events annually in the Town of Queensbury and the City of Glens Falls, thereby promoting the cultural development of the community, and WHEREAS, the Queensbury Town Board wishes to enter into an agreement with the Adirondack Theatre Festival for the year 2006 for the promotion of performances and events to Town residents, and WHEREAS, a proposed agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Adirondack Theatre Festival substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement be paid for from the appropriate Town account. st Duly adopted this 1 of January, 2006 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND AMERICAN LEGION POST 1797 RESOLUTION NO. 019. 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Town of Queensbury wishes to enter into an Agreement with American Legion Post 1797, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT 332 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and American Legion Post 1797 for the year 2006 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT : None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BIG BROTHERS/BIG SISTERS RESOLUTION NO. 020.2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to enter into an agreement with Big Brothers/Big Sisters for the year 2006, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Big Brothers/Big Sisters and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 333 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CARITAS, INC. RESOLUTION NO. 021. 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to enter into an agreement with Caritas, Inc., for the year 2006, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Caritas, Inc., and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CHAPMAN MUSEUM RESOLUTION NO.: 022. 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Chapman Historical Museum, and WHEREAS, a proposed agreement has been presented at this meeting, NOW, THEREFORE, BE IT 334 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Chapman Historical Museum substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING CONTRACTUAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CONVENIENT MEDICAL CARE, P.C. FOR SUBSTANCE TESTING SERVICES RESOLUTION NO.: 023. 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to enter into a Contractual Agreement with Convenient Medical Care, P.C. to perform substance testing services for the Town for 2006 in accordance with Federal Motor Carrier Safety Regulations (FMCSR), and WHEREAS, Convenient Medical Care, P.C., has offered to perform these services in accordance with the terms and provisions of the Contractual Agreement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Contractual Agreement between the Town of Queensbury and Convenient Medical Care, P.C., to perform substance testing services for 2006 with the costs for such services to be paid for from the appropriate accounts, and BE IT FURTHER, 335 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Contractual Agreement and take any other action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS ANIMAL HOSPITAL RESOLUTION NO. 024. 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, in the past the Town of Queensbury has contracted with the Glens Falls Animal Hospital (Animal Hospital) for the Animal Hospital’s board of animals and as necessary, euthanasia and cremation services and the Town has paid for services provided by the Animal Hospital in accordance with the schedule of fees established by the Animal Hospital, and WHEREAS, the Town of Queensbury wishes to enter into a written agreement with the Animal Hospital for the Animal Hospital’s boarding of animals and as necessary, euthanasia and cremation services, and WHEREAS, a proposed Agreement for the year 2006 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the 2006 Agreement between the Town and Glens Falls Animal Hospital providing for the Glens Falls Animal Hospital’s boarding of animals and as necessary, euthanasia and cremation services, as presented at this meeting, and BE IT FURTHER, 336 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement on behalf of the Town of Queensbury, and the Town Board further authorizes and directs the Town Supervisor and/or Animal Control Officer 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 January, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS AREA YOUTH CENTER RESOLUTION NO.: 025.2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to the Town to provide services and benefits such as career counseling and dinners to economically disadvantaged youths residing in the Town of Queensbury and therefore wishes to enter into an agreement with the Glens Falls Area Youth Center for the provision of these services and benefits, and WHEREAS, a proposed agreement for the year 2006 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Glens Falls Area Youth Center and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None 337 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SYMPHONY ORCHESTRA, INC. RESOLUTION NO.: 026.2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Glens Falls Symphony Orchestra, Inc., (Symphony) helps to promote the cultural development of the community, attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, the Town of Queensbury therefore wishes to enter into an Agreement with the Symphony for the year 2006 which Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the Glens Falls Symphony Orchestra, Inc., helps promote cultural development in the Town of Queensbury and hereby approves of the Agreement between the Town of Queensbury and the Glens Falls Symphony Orchestra, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town Account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec 338 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GREATER GLENS FALLS SENIOR CITIZENS, INC. RESOLUTION NO.: 027.2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Greater Glens Falls Senior Citizens, Inc. for senior citizen recreational and social activities and programs, and WHEREAS, a proposed agreement between the Town and the Greater Glens Falls Senior Citizens, Inc. has been presented at this meeting, and WHEREAS, this agreement is permitted and authorized by New York State General Municipal Law §95A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Greater Glens Falls Senior Citizens, Inc. and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND HYDE COLLECTION RESOLUTION NO. 028. 2006 339 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Hyde Collection, and WHEREAS, a proposed agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Hyde Collection substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LITERACY VOLUNTEERS OF GLENS FALLS, INC. (LITERACY NENY – VOLUNTEERS SERVING WARREN, WASHINGTON AND SARATOGA COUNTIES) RESOLUTION NO.: 029. 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to the Town to provide remedial reading services to Town of Queensbury adult residents with reading difficulties and therefore wishes to enter into an agreement with Literacy Volunteers of Glens Falls, Inc. (Literacy NENY – Volunteers Serving Warren, Washington and Saratoga Counties) for the provision of these services, and WHEREAS, a proposed agreement for the year 2006 between the Town of Queensbury and Literacy Volunteers has been presented at this meeting, 340 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Literacy Volunteers of Glens Falls, Inc. (Literacy NENY – Volunteers Serving Warren, Washington and Saratoga Counties) and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 1st day of January, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-I will disclose that I am a member of the Board of Directors it is non compensated position, I do not feel that I have a conflict of interest and more importantly attorneys have told me that I do not legally have a conflict so I will vote but I want to fully disclose that I am a member of the Board of Directors. I would like to recognize a fellow member of the Board of Directors which happens to be Mike Barody. Literacy NENY recently did a consolidation of three Counties and I was involved as a Board Member for the Warren County Organization on that Board and now I am a member with Mike Barody of the new Board that covers the three counties, Warren, Washington and Saratoga County. It can work and it has been done for other non profits, it was done, due to a financial incentive the nature of how funding works for these sorts of organizations today and the State has changed so these three counties realized that there was value in consolidation. it is working very well. RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER, MANNIX, SCHACHNER & HAFNER, LLC AS TOWN LEGAL COUNSEL RESOLUTION NO.: 030. 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury requires legal representation in a wide variety of matters to deal with the numerous legal issues that come before and involve the Town, and WHEREAS, the Town Board wishes to engage legal counsel on a contractual basis for 2006, and 341 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 WHEREAS, a proposed Agreement for Legal Services has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Miller, Mannix, Schachner & Hafner, LLC as legal counsel for and on behalf of the Town for 2006, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement for Legal Services on behalf of the Town. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 031.2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town and the Warren County Economic Development Corporation (WCEDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and WCEDC’s Certificate of Incorporation, the purposes of the WCEDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or 342 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and WHEREAS, the Town Board strongly supports WCEDC’s important mission to improve employment opportunities and economic development in the Town, and WHEREAS, the Town wishes to enter into an agreement with WCEDC and a proposed agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Warren County Economic Development Corporation presented at this meeting with funding in the amount of $128,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Budget Officer 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 January, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO. 032.2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION 343 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury Land Conservancy for the purpose of helping to preserve open space in the Town of Queensbury, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Land Conservancy and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Sanford, Mr.Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LITTLE LEAGUE, INC. RESOLUTION NO. 033.2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury Little League, Inc., and WHEREAS, a proposed Agreement for the year 2006 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Little League, Inc., and authorizes and directs the 344 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO.: 034. 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board believes it appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Queensbury Senior Citizens, Inc. for these types of activities and programs, and WHEREAS, a proposed Agreement between the Town of Queensbury and Queensbury Senior Citizens, Inc. has been presented at this meeting, and WHEREAS, this Agreement is permitted and authorized by New York State General Municipal Law §95A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and Queensbury Senior Citizens, Inc. and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None 345 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLUTION AUTHORIZING CONTRACT WITH WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO. 035. 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to contract with the World Awareness Children's Museum for the year 2006, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the World Awareness Children’s Museum and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND PROTECTIVE ASSOCIATION FOR LAKE SUNNYSIDE FOR TREATMENT OF MILFOIL RESOLUTION NO.: 036. 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough 346 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 WHEREAS, by Resolution No.: 307.2000, the Queensbury Town Board authorized an Agreement with the Protective Association for Lake Sunnyside (Association) concerning the treatment of milfoil occurring in Sunnyside Lake, and WHEREAS, the Association and Town Board remain concerned about the serious environmental damage from milfoil occurring in the public waters of Lake Sunnyside, and wish to enter into an Agreement to provide for the continuation of efforts in improving the water quality and recreational activities in Lake Sunnyside, and WHEREAS, such an Agreement would provide that the Town pay the Association $3,000 toward the Association’s engagement of a registered New York State pesticide applicator to treat Lake Sunnyside with aquatic herbicide treatment and the Association would pay all remaining costs, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE BE IT RESOLVED, the Queensbury Town Board hereby authorizes the Agreement between the Town of Queensbury and Protective Association of Lake Sunnyside for the Treatment of Milfoil substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to arrange for payment of $3,000 to the Protection Association of Lake Sunnyside from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 347 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 RESOLUTION AUTHORIZING CONTRACT WITH LOWER ADIRONDACK REGIONAL ARTS COUNCIL (LARAC) RESOLUTION NO.: 037. 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to contract with the Lower Adirondack Regional Arts Council (LARAC) for the year 2006, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Lower Adirondack Regional Arts Council (LARAC) substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. st Duly adopted this 1 day of January, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION RE-APPOINTING ROBERT VOLLARO TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 038. 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, Robert Vollaro’s term on the Planning Board expired on December st 31, 2005 and he has expressed his wish to be re-appointed, 348 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Robert Vollaro to serve as a member of the Queensbury Planning Board until his term expires on December 31, 2012. st Duly adopted this 1 day of January, 2006, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES: Mr. Brewer ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 595,2005 REGARDING SALARY OF COURT CLERK RESOLUTION NO.: 039.2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 595,2005 the Queensbury Town Board adopted its part-time hourly wage and annual stipend, non-management, non-union full-time staff and management staff salary schedules for 2006 such salary schedules including the salaries for the Queensbury Court Clerks, and WHEREAS, the salary listed for Court Clerk Karrie Hatin was incorrectly printed as $35,691 rather than the correct amount of $41,067, NOW, THEREOFRE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 595,2005 such that the annual salary for Court Clerk Kerrie Hatin Shall be $41,067 for 2006, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 595,2005 in all other respects. st Duly adopted this 1 day of January, 2006 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION TO PROVIDE TOWN BOARD WITH INITIAL OPPORTUNITY FOR SEQRA LEAD AGENCY DESIGNATION RESOLUTION NO.: 040.2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 349 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 WHEREAS, numerous projects and ‘Actions” proposed in the Town of Queensbury require review under the New York State Environmental Quality Review Act (SEQRA), and WHEREAS, many such projects or Actions require discretionary approval of several different entities, sometimes including the Queensbury Town Board, Planning Board and/or Zoning Board of Appeals (the “SEQRA Involved Agencies”), and WHEREAS, for SEQRA “Type 1” Actions and “Unlisted Actions” for which “Coordinated Review” is required, a SEQRA “Lead Agency” must be designated from among the Involved Agencies, and WHEREAS, the Town Board wishes to have the opportunity to be designated as SEQRA Lead Agency for any Action in which the Town Board is an Involved Agency, NOW, THEREFORE, BE IT RESOLVED, that, for any Action subject to SEQRA Coordinated Review in which the Queensbury Town Board has discretionary approval authority and is therefore, a SEQRA Involved Agency, Planning Staff is directed to bring such application to the attention of the Town Board with the opportunity for the Town Board to seek designation as SEQRA Lead Agency. st Duly adopted this 1 day of January, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 4.0CLOSING REMARKS Councilman Tim Brewer-First of all I would like to thank the Seniors for organizing the food and the refreshments here this morning, they do a great job every year. Thank you the audience for coming here on a holiday morning when you certainly could be home relaxing or enjoying your day with your family. I just wanted to wish everybody the best of luck on the Town Board and everyone a healthy, and Happy New Year. Councilman John Strough-I just want to thank everybody for coming and I too wish you a Happy New Year. I think the Town Board will have a happy two New Years. I think the two years forthcoming will be very fruitful. Again, Thank You. Councilman Roger Boor-I would reiterate what the two previous Councilmen have said. I think this Board is particularly suited to deal with the problems and the issues and the good things that we deal with and I think we will do a good job. You the public will always have a ear and we will serve you as judiciously as we can and I hope you all a healthy, happy New Year. Councilman Richard Sanford-I just want to thank the people for voting for me. I think probably everyone on this Board shares that feeling as well, but it took a team to get elected, I learned a lot when I ran and I particularly want to thank my wife Sally who worked very hard on my campaign as well as a whole bunch of other people but I do not want to have this sound like a awards acceptance. But, I thank everybody who was involved and I am looking forward to working very hard for you. Thanks very much. Supervisor Stec-Richard I would like to on behalf of the Town Board welcome you to the Town Board, congratulate you publicly, again, you are filling shoes that have been there for a long time, he was the longest ten year guy, Ted Turner, and he is not here today, but 350 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 just to put his ten year in perspective a little bit and not to take away at all from the moment for you, but nineteen years as a Zoning Board Member and almost ten years as a Town Board Member, but certainly you bring a skill set to the Town Board that will definitely be to our advantage. I welcome you and congratulate you. I have just a couple of prepared remarks this is like the one opportunity a year that it is almost the State of the Town kind of thing. I do also want to also thank everyone for coming, I want to thank in particular my lovely wife for putting up with everything that goes with the job and we try to do, and our new son he doesn’t really understand it yet but in the next couple of years he will realize that some nights dad is not around, and my family my mom and by dad. Thank you all for attending our organizational meeting today, I hope that everyone’s holiday season is going well and that you and your families are having a joyous one. 2005 saw many positive things occur in the Town and we hope to continue this momentum into 2006. Our economy continues to prosper with the additional of new business activities that have bolstered the tax base and improved our quality of life. The Queensbury area continues to score high on measures of economic health, recreational opportunities, education, public safety and overall desirability. This is due in part to the commitment of the Town and County Government as well as those numerous non profit organizations like our volunteer Fire and EMS companies, Queensbury Economic Development Corporation, Warren County Economic Development and healthy generous private sector. The Town adopted a 2006 budget that saw a three percent increase in general fund appropriation, much of this increase was due to increased State Retirement Costs as well as rising employee benefits and energy costs. However when coupled with the budget cuts of last year the 2006 general fund budget remains less than the adopted 2004 general fund budget. 2006 will also mark the fifth consecutive year that the Town of Queensbury has not collected a general town tax. Additionally taxpayers will receive a two and a half million dollar rebate as a credit toward their County Tax bills due later this month. This represents approximately eighty nine cents per thousand dollars of assessed value. By aggressively cutting excess spending and finding alternative revenue sources we have been able to significantly reduce the property tax burden for taxpayers. These rebates have totaled nearly four million dollars over the past three years. I fully intend, with the Boards help, to continue these rebate initiatives as long as possible. In 2006 the Town Board will have several opportunities to make further inroads in saving our constituents money. Early this year we will finalize the 2006 Fire and EMS Budgets, there are several opportunities to cut costs without impacting the quality of these services continuous bench marking of these budgets and similar municipalities budgets is critical. The consolidation of companies and or the creation of independent fire districts should be considered. An additional opportunity exists for the Town to utilize its purchasing power to negotiate low solid waste collection rate for the residential property owners. The State Comptrollers Office has issued a report that states that Queensbury Residents could collectively save approximately one million dollars per year if the Town pursues this prospect. In the past two months I have had the privilege of meeting several times with Mayor Akins of Glens Falls and we both agree there are many opportunities for us to work together to build off our communities strengths. We together with Warren County Supervisors will be in close communication to identify and act upon these items. In the past two years the Town undertook the initiative to continue to provide the best possible planning for our community. The need to balance growth our economic health and quality of life is paramount and is complicated. Queensbury is the only Town in Warren County that has its own planning department. In the past two years we have added professional staff to increase our effort, an effort that I will add, that has given the Town of Queensbury regional reputationone of the most progressive and through in the area of community planning and code enforcement. To continue the success two years ago in addition to new staff we completed the towns build out study, co-sponsored with the Queensbury School District. This report which states that the Town has achieved a healthy moderate growth level will be a useful tool as we move forward. We also created the Planning Ordinance Review Committee or PORC which is currently progressing with consulting firm Saratoga Associates to produce an update to the Towns 1998 Comprehensive Land Use Plan by the end of this summer. I will add that there will be numerous meetings, there have been several meetings already there will be numerous more in 2006, one of the concerns, I know I speak for the entire Board that we have that attendance by the public has been spotty to put it best and we would certainly hope to get the word out that we would like to make sure that as many people of the public can participate in this process. We want it to be our plan, not our plan. For all the Town’s 351 ORGANIZATIONAL MEETING 01-01-2006 MTG.#1 employees, I want thank each and every one of you for your efforts as professionals working for our Town. The fact that your efforts more than anything else are what makes the Town Board successful are not lost on me. We appreciate your devotion and dedication. I believe that the last two years have been exceptionally successful and productive, we have served our residents well tackling the tough issues any New York State Town faces with confidence and competence. We improve the quality and level of services we provide while simultaneously reducing costs to our taxpayers. You should all be very proud of this great accomplishments since Queensbury is the exception to the rule and the envy of most any other Town in the State. The very challenges we all witness first hand this past year, rising housing costs, and development pressures prove that the demand to live and raise a family in a Town like Queensbury is tremendous. With all your help in 2006 we will continue to manage these issues as effectively as we have in the past two years. For everyone here this morning and to all Town Residents, thank you for the opportunity to serve you, providing through efficient, friendly customer service to you our public and our customers is the highest priority to me. Your feed back is a critical part of the process, please do not hesitate to contact me or any of your Councilmen or Town Staff with any questions, concerns or suggestions. We will be as responsive as we possibly can be. I encourage your participation in Town Government and I also encourage you to visit our Town Web Site www.queensbury.net . There is a wealth of information available at our site including meeting agendas, and minutes. We are proud to be the only area municipality to televise our meetings. I would like to thank Glens Falls National Bank and TV8 for making that possible. We are proud of the degree of openness in which we operate we encourage you all to take advantage of this exceptional level of availability and openness and we encourage your feedback. I will close in saying again God Bless you and your families and best wishes for a very, very happy New Year everybody. Thank you. RESOLUTION TO ADJOURN ORGANIZATIONAL MEETING RESOLUTION NO. 041. 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its 2006 Organizational Meeting. st Duly adopted this 1 day of January, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury