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2001-07-23 REGULAR TOWN BOARD MEETING JULY 23, 2001 MTG# 30 RES# 295-313 7:05 P.M. B.H. 33-34 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC BOARD MEMBERS ABSENT COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS COMPTROLLER, HENRY HESS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND WATER SUPERINTENDENT, RALPH VAN DUSEN EXECUTIVE ASSIST ANT TO SUPERVISOR WILLIAM LA VERL Y PRESS POST STAR PLEDGE OF ALLEIGANCE LED BY COUNCILMAN JAMES MARTIN SUPERVISOR BROWER-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 295,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 23rd, day of July, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower Noes: None AbsentMr. Brewer PUBLIC HEARING SANITARY SEWER VARIANCE -PATRICIA YOLE OPENED 7:05 P.M. NOTICE SHOWN MRS. PATRICIA YOLE APPLICANT PRESENT PATRICIA YOLE-94 OAK STREET, HUDSON FALLS. SUPERVISOR BROWER-Mrs. Yole you've requested to put in some holding tanks on a seasonal camp is that correct? MRS. YOLE- That's correct. SUPERVISOR BROWER-Can I assume you've got a failed system at your location? MRS. YOLE-No, I've have no system. It isn't even a camp it's a little garage that is on the property. We just want to be able to put in a bathroom we've made it into a place that we could go and picnic and take the kids and swim and change their suits and all in this little garage that we've turned into what I like to think of as a little camp, but it really is just a garage. We do have electricity, but we like to put in a bathroom because it sort of limits how long we can be there so I'm applying to put in a holding tank a sealed holding tank with alarms and all even though we don't use it a lot it still would be much pleasanter if we had a bathroom and able to use it more. SUPERVISOR BROWER-Actually I tried finding your location I wasn't successful. MRS. YOLE-We just got the number assigned to it so we haven't put up fifty-three up there. It's between a house that just had an addition put on and then a little ranch on the other side. SUPERVISOR BROWER-Questions from the board at this time? COUNCILMAN MARTIN-It seems a pretty straightforward application. COUNCILMAN TURNER-Mrs. Yole your turning the garage into a seasonal dwelling is that what you're telling us? MRS. YOLE-Eventually I would like to I understand we could have five hundred square feet we've got about it is two hundred and forty four or something at this point, I mean we might add on. MR. YOLE-I think it's a twelve by twenty garage. MRS. YOLE-I don't know exactly how you would classify it. COUNCILMAN TURNER-Are you going to have a stove in there an electric stove? MRS. YOLE-Yes. COUNCILMAN TURNER-And your looking for a bathroom if this gets approved here twelve by twenty actually you are asking for a conversion you are going to convert the garage to a dwelling. MRS. YOLE-I guess that's probably is..... COUNCILMAN MARTIN-It's going to be two hundred and forty square feet I guess. COUNCILMAN TURNER-The dwelling has got to be seven hundred and fifty square feet. SUEPRVISOR BROWER-Okay, I guess if there are no other questions of you right now. Chris do you have any comments on this application? EXECUTIVE DIRECTOR, MR. ROUND-The Yole's have been working with Dave Hatin, Dave has a memorandum to you. The immediate plans are for the installation of a bathroom I don't think there is a proposal to convert the facility right yet.... MRS. YOLE-No. EXECUTIVE DIRECTOR, MR. ROUND-To an occupancy type of classification. Holding tanks are allowed for seasonal use facilities I heard Mr. Turner's concerns. There is also a minimum floor area that you have to construct in order for it to meet occupancy requirements when they get to that stage they would deal with the building department with those particular issues. MRS. YOLE-We have no intentions doing anything more at this point maybe somewhere down the line. It would be so much handier if we had a bathroom in it. SUPERVISOR BROWER-Thank you. I guess I'll ask you to join the audience now we'll ask if there is any public comment on this application. At this time I'd like to invite anybody in the audience to step forward and either comment favorably or in opposition to this particular application if you so desire. DEPUTY CLERK O'BRIEN-Read the following statement into the record. This is from Mr. & Mrs. Richard Daley. We live at 41 Palmer Drive and have no objections to this. SUPERVISOR BROWER-And no other public comment at this time? In that case I'll close the public hearing portion of this application and ask board members for further comment. PUBLIC HEARING CLOSED COUNCILMAN MARTIN-In the fact these are holding tanks I notice the corresponding distances indicated are fifty feet from the well point and sixty feet from the well. There is no leaching component to the system I have no issue with it. SUPERVISOR BROWER-Do I have a motion by any board member? RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR PATRICIA YOLE RESOLUTION NO.: BOH 33, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Patricia Yole previously filed an application for a variance from the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, ~ 136-II(B), which requires applicants to obtain a variance for all holding tanks and the applicant has requested a variance to allow a holding tank on her property located at 53 Palmer Drive in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on July 23rd, 2001, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that I. due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Patricia Yole for a variance from the Sewage Disposal Ordinance to allow a holding tank on property situated at 53 Palmer Drive in the Town of Queensbury and bearing Tax Map No.: 144-1-21. Duly adopted this 23rd day of July, 200 I, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES None ABSENT:Mr. Brewer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 34,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health adjourns session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 23rd, day of July, 2001, by the following vote: Ayes: Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner, Noes: None AbsentMr. Brewer PUBLIC HEARING PROPOSED REZONING OF PROPERTY OWNED BY KENNETH AND CHERIE LUKE 425 BAY ROAD FROM URIA TO MR-5 OPENED 7: 15 P.M. NOTICE SHOWN KENNETH AND CHERIE LUKE APPLICANTS PRESENT SUPERVISOR BROWER-Is anyone here representing the applicant? Would you come forward please to the mic? You want to tell us a little bit about your project. MR. LUKE-I'm Kenneth Luke and this is my wife Cherie. Cherie has a franchise called a Diet Center that she would like to occupy at 425 Bay. SUPERVISOR BROWER-Ted you had some comments. COUNCILMAN TURNER-The piece in back of this piece of property is a MR-5 this lot is only ten thousand a hundred square feet it fits the focus of the plan along Bay Road. The difference is you can't have a professional office in the UR-IA acre but you can on a MR-5 that's the difference. SUPERVISOR BROWER-Chris do you have any comment on this proposal? EXECUTIVE DIRECTOR, MR. ROUND-Sure I'll update you. There are four properties that are remaining to be zoned UR-IA on Bay Road these properties are just a little bit north of the new Stewarts on Bay and Cronin. They are located on the west side of Bay Road you should have maps, I see Mr. Martin has the map opened. It is also just north of the funeral home that's located on Bay Road. As Ted said UR-IA allows identical uses as the MR-5 district with the exception of the professional office use. These properties the proposal for several properties so it would be consistent with the adjacent properties that are currently zoned MR-5. The Town Planning Board and the County Planning Board both recommended proposals for the rezoning. You should have copies of Planning Staff notes in your package that provides responses to the questions that we asked the applicant and the Town to look at when considering rezoning. There is no specific recommendation in the comp plan for these particular properties, but it is located in neighborhood eight and Bay Road Corridor is an area of professional offices. This is what we're trying to encourage on the Bay Road Corridor is a professional office atmosphere so this is consistent with that recommendation. COUNCILMAN MARTIN-As I recall this is a general rule MR-5 zoning is, in kind of short supply in the Town overall allowing for that multi-family use. EXECUTIVE DIRECTOR, MR. ROUND-We have seen some successful multi-family projects. I don't think the Luke's are proposing a multi-family project they are proposing an office use. We don't envision these properties being subdivided as a result of the zone change so we're not increasing any densities because there is really not a lot of potential. COUNCILMAN MARTIN-A lot of them are already built out its looks like. EXECUTIVE DIRECTOR, MR. ROUND-There are three houses on three of the parcels I'm not sure the parcel directly adjacent to the funeral home is there a home on that? MRS. LUKE-That's the Ballet Center. EXECUTIVE DIRECTOR, MR. ROUND-The Ballet Center so there is not going to be new development there as a result of this action. Thanks for helping me out with that one. COUNCILMAN MARTIN-I think the UR-A here was intended to be like a transition into the MR-5 stuff to the north that was the original thought going from highway commercial, which is immediately to the south and this little pocket ofUR-IA This Diet Center you have like clientele come is it like a counseling thing or therapy thing or both? MR. LUKE-One on one counseling it's not a group thing it's one on one. MRS. LUKE-Appointments. COUNCILMAN MARTIN-Office type of a use. People come schedule appointments that type of thing basic hours of operation like eight to four, eight to five? MRS. LUKE-Seven to four early morning. COUNCILMAN MARTIN-Is this a type of thing where at anyone time you could have how many clients on premises somebody waiting in the wait room and somebody just finishing up? MRS. LUKE-Right somebody just leaving and someone coming. COUNCILMAN MARTIN-Maybe two or three clients tops. MRS. LUKE-Tops. SUPERVISOR BROWER-Any other questions from board members at this time? We have to go through the SEQRA form, too right Chris? EXECUTIVE DIRECTOR, MR. ROUND-You have to conduct a public hearing as part of the project. SUPERVISOR BROWER-Thank you very much. At this time I'd like to ask the public if they have any comment on this particular application for a zone change? VIRGINIA MOHLER-I live right next door, but that's not an issue at this point. I was wondering was is this bear tax maps? These are the properties that are listed here to be rezoned. COUNCILMAN MARTIN-Presented map to Mrs. Mohler. I believe it's the hashed area I can show you on this map. Tax map for that section Bay Road is here heading north. You have a funeral home, office here, and I believe the dance studio is on this big lot here. They are proposing this hashed area here to be these four parcels one, two, three, four be included in the rezoning. MRS. MOHLER-So they are not now, but could be rezoned? COUNCILMAN MARTIN-They would be under this proposal from UR-IA to MR-5. MRS. MOHLER-What could they do with it since they are all established buildings now? COUNCILMAN MARTIN-It might be a good idea Chris to read into the record the types of uses that area allowed in MR-5 so you get an idea. We'll do that for you I'll leave this here for you to look at. MRS. MOHLER-I'd loved to have one of those. COUNCILMAN MARTIN-You can keep it. MRS. MOHLER-Oh really, wonderful thank you. EXECUTIVE DIRECTOR, MR. MARTIN-I'll go through that now Jim. COUNCILMAN MARTIN-I think that's worth noting. EXECUTIVE DIRECTOR, MR. ROUND-Under the current zoning the UR-IA designation this is without any action the UR-IA zone allows single-family dwellings, allows accessory uses to that. It also under site plan approval it would allow mulit-family dwellings, apartments, and condominiums. It would allow professional offices incidental to a residence use. Right now under the current zoning an office could not exist unless it was subordinate to a home so you could have an office inside your home under the current zoning. You could also have a Planned Unit Development a Planned Unit Development could encompass any number of uses which is really a flexible zone that would allow you to do any number of things. You would need a minimum acreage these properties wouldn't be allowed to seek a PUD designation under our current regulations. You could place a school, church, a hospital, daycare center, or duplex, or uses to similar to that so that's under the current zoning. Under what's proposed the MR-5 zone also allow, MR-5 does not allow single family homes so a single family home would be a nonconforming use under this new designation would not prohibit you from maintaining an existing home on the property. Also allowed under site plan approval that means you have to go in front of the Planning Board in order to do one of these uses you would be allowed to do a multi-family project as I indicated identical to the MR-5 zone which would include apartments or condominiums it would allow a professional office and I think that's the reason that the Luke's are seeking this particular action it would allow them to conduct a professional office on their property. Again, it allows PUD, home occupation, school, church, hospital, and duplex. The differences between the UR zone allows single-family homes, MR-5 does not. The UR zone the current zoning does not allow professional offices, MR-5 does so they are very similar zones minor differences the MR zone would allow a professional office. COUNCILMAN MARTIN-The other big differences in the MR zone MR-5 is referring to multi-family residential five thousand square feet meaning one dwelling unit for every five thousand square feet so you can have essentially eight dwelling units per acre it is an increase in density it does allow for that. It requires site plan review to do that with the Planning Board you just can't do it as of right, but it is a higher density. MRS. MOHLER-There was wetlands in there. COUNCILMAN MARTIN-Yeah, I think you're going to find them to the backside to the west as a practical matter you're really not going to see too much happen in there. MRS. MOHLER-They tried it once and then they backed off. COUNCILMAN MARTIN-Yes, that's true that's primarily why because you need, I think that's even a state qualifying wetland in there and it's also subject to federal jurisdiction. SUPERVISOR BROWER-Would anyone else care to comment on this particular application for change of zone at this time? Seeing none I will close the public hearing at this time and ask the board for any further comment. PUBLIC HEARING CLOSED COUNCILMAN MARTIN-I think the proposal has some merit given the fact MR-5 is so prevalent and on a Town wide basis as noted before in somewhat short supply. We're talking basically Chris about two acres in total? EXECUTIVE DIRECTOR, MR. ROUND-That's about right. COUNCILMAN MARTIN-So if everything was to be torn down off here where I don't see that happening as a practical matter we could see the most intense development would be sixteen units of housing on here essentially on two acres under the current zoning. It does allow for office, which I think, is in the broad view a good thing. I would also point out for planning staffs note that here is an example I think that consisted with the Master Plan of a zone that I think is some what outdated the UR. I think there could be serious consideration given to outright elimination of that zoning district. Here is an example where there is a lot of overlap I don't see the function it serves. COUNCILMAN TURNER-That was basically done UR because of those residents being there. COUNCILMAN MARTIN-I understand why it was done, but I'mjust saying to be consistent with the comment about reducing the number of zones in our Zoning Ordinance and taking the complexity out here is a perfect example where something like that could be done. My comment Dennis overall on balance I think it's probably a good idea. SUPERVISOR BROWER-Chris maybe you ought to lead us through this environmental assessment form. PART II - ENVIRONMENTAL ASSESSMENT FORM A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: CI, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in CI-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA?NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY KENNETH AND CHERIE LUKE LOCATED AT 425 BAY ROAD, QUEENSBURY FROM UR-IA (URBAN RESIDENTIAL - ONE ACRE) TO MR-5 (MUL TIF AMIL Y RESIDENTIAL - 5,000 SQUARE FEET) RESOLUTION NO. 296,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by Kenneth and Cherie Luke to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 61-1-41.2; 61-1- 41.3; 61-1-42 and 61-1-43 located at 425 Bay Road, Queensbury from UR-IA (Urban Residential- One Acre) to MR-5 (Multifamily Residential- 5,000 Square Feet), and WHEREAS, on or about May 7th, 2001, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about June 26th, 2001, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about June 13th, 2001, the Warren County Planning Board considered the proposed rezoning and denied the application without prejudice due to lack of pertinent information, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed rezoning on July 23rd, 2001, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Short Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone properties owned by Kenneth and Cherie Luke bearing Tax Map No.'s: 61-1-41.2; 61- 1-41.3; 61-1-42 and 61-1-43 located at 425 Bay Road, Queensbury from UR-IA (Urban Residential- One Acre) to MR-5 (Multifamily Residential- 5,000 Square Feet), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance Article XIII and Town Law ~265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk's Office. Duly adopted this 23rd day of July, 200 I, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT:Mr. Brewer DISCUSSION HELD EXECUTIVE DIRECTOR, MR. ROUND-Spoke to the board regarding rezoning requests noting they have received a significant number ofrezonings request within the past two years. Would like the board to entertain a policy whereby rezonings would only be contemplated and entertained on potentially a quarterly basis. Noted it is very difficult to coordinate SEQRA review as well as providing significant background on the Comp plan. Presented board with memo to bring back at next meeting. CORRESPONDENCE COMPTROLLER HESS, presentation year 2000 Audit. (On file in Town Clerks Office) CHERYL SALERNO, EXECUTIVE DIRECTOR GREATER ADIRONDACK HOME AIDES-Brief presentation made to the board regarding Greater Adirondack Home Aides on what they do and who they are also noted the need for recruitment. DEPUTY CLERK O'BRIEN-On file Town Clerks Office Fire Marshal's Report for April-June 2001, Town of Queensbury Building and Code Office Report for June 200 I. Read following letters into record. Letter dated July 13th, 2001 To: Mr. David Hatin From: David I. Valenti, Owner Whispering Pines Associates, LLC Dear Mr. Hatin: I would like to thank you for meeting with my brother, James Valenti, and me on July 10,2001. We appreciate your efforts in making our roadways less confusing for residents, emergency service personnel, and the United States Postal Service. Pursuant to our meeting, I am pleased that we are able to move forward in the application to name the roadway through Whispering Pines Apartments and Townhouses. As discussed, you had asked that I submit formal notice to the Town of Queensbury requesting that the roadways through Whispering Pines Apartments and Townhouses be names Needle Park Circle. I informed you that it would be the owner's request to the Town of Queensbury that we provide for the construction and installation of a street sign. We propose the installation of three street signs at each of the three entries into Whispering Pines Apartments and Townhouses. I have discussed with Holly Wheeler, of Wheeler Signs, an alternative to what was first proposed for building number signage. We are now consideing the relocation of the building number signage to be relocated from the colunms to the street signpost. What we had in mind would be similar to that of what a residential homeowner may use for their mailbox. It would consist of a 4 x 4 post with a 4 x 4 arm projection that would represent the name of the street along the arm projection and the builder number signage would hang underneath for those buildings located down each of the entryways for this property. Should there be any necessary criteria for the installation of these entry roadway signs, please advise me in writing. In addition, if you need further information in regard to this matter, please do not hesitate to contact me. Sincerely, David I. Valenti, Owner Whispering Pines Associates, LLC Letter dated July 5,2001 To: Richard Missita, Highway Superintendent, From: Robert B. Rosoff, Executive Director, Glens Falls Symphony Dear Rick: Thank you for your participation in our July 4th concert. The efficiency, help, and cooperation of the men of the Queensbury Highway Department was fantastic. They did their jobs in a professional and friendly manner, and with care of expensive and fragile musical instruments. They are a credit to your leadership and the department as a whole. Next year, I hope we can call on you again. Despite the rain and the cancellation of the concern, the turnout ready to hear us was substantial. With the thanks of the orchestra and the Board of Director, I am.... Sincerely, Robert B. Rosoff Executive Director OPEN FORUM FOR GENERAL & RESOLUTIONS PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the five and a half acres the Town is suppose to receive from Hudson Point asked the board to invite Attorney Michael O'Connor to a meeting to report on the status of this property? SUPERVISOR BROWER-Noted he will invite him if he can't attend will ask for a report. MR. TUCKER-Asked the board to read into the record the salaries regarding the three resolutions pertaining to hiring and promotion of individuals. Spoke to the board regarding Resolution Hiring of Consultants regarding assessment case with Niagara Mohawk asked what property this involves? ATTORNEY HAFNER-Noted there is a very large assessment case against the Town by Niagara Mohawk it is for properties in the Town noting they have gotten an appraisal before on behalf of the case that is going to suit. Assessor Helen Otte, the School District, and partner Mark Schachner all recommended that the Town engage this. There is maximum of amount that would be paid twenty one hundred dollars and that would be split fifty fifty between the school and the Town noting the school district has already passed this. MR. TUCKER-Spoke to the board regarding the unannounced meeting held by the board concerning the proposed sewer district with the City, questioned who attended the meeting? SUPERVISOR BROWER-In attendance the Mayor of the City of Glens Falls, the Town Board, Bob Hafner, Mike O'Connor, Maureen Donovan, from the Warren County Regional Economic Development Corporation, John Michaels from Queensbury Economic Development Corporation, John Gereau, Post Star, George Stec, Roger Boor, Nick Caimano. MR. TUCKER-Questioned of what authority was Michael O'Connor there? Questioned if Bill Thomas was there? SUPERVISOR BROWER-Yes, Mr. Thomas was there. Noted he believes Mr. O'Connor was there as an advisor to the Mayor not sure. MR. TUCKER-Noted his concern with the attendance of Mr. O'Connor. SUPERVISOR BROWER-Spoke to the board noting that on Tuesday the Town provided the Mayor and his Attorney, Bob Morris with a copy of the Memorandum of Understanding hopes that the Mayor will sign it and send it back so they can move forward to contractual documentation. MR. TUCKER-Questioned if it is the intention of the board before they sign any agreement that it will be discussed with the public? SUPERVISOR BROWER-Noted they held a meeting last Monday noting there was very little public participation at the meeting. MR. TUCKER-Questioned if the Memorandum of Understanding is public record? SUPERVISOR BROWER-Yes. JOHN STROUGH, QUEENSBURY-Spoke to the board regarding the sewer deal noting he would like to see the same intermunicipal cooperation regarding sale of water to the City of Glens Falls. COUNCILMAN STEC-Noted at the end of the sewer meeting there was an understanding on the Mayor's part with the agreement of others in the room that they would start negotiations regarding the sale of water from Queensbury to the City of Glens Falls that would also involve negotiations surrounding the future of the watershed property. SUPERVISOR BROWER-Spoke to the board regarding the Empire Zone noting its importance to Warren County. The County recognizes that the City of Glens Falls and the Town of Queensbury are the economic engine of our County and that we support our North Country neighbors to a large extent through our county taxes. If we're going to be successful as a County the City and Town has to grow and prosper. OPEN FORUM CLOSED RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY LONG RIFLE ENTERPRISES, INC. FROM LI-IA (LIGHT INDUSTRIAL- ONE ACRE) TO HC-IA (HIGHWAY COMMERCIAL - ONE ACRE) RESOLUTION NO.: 297, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by Long Rifle Enterprises, Inc. to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 110-1-1.27 located at 257 Dix Avenue, Queensbury from LI-IA (Light Industrial- One Acre) to HC-IA (Highway Commercial - One Acre), and WHEREAS, on or about June 4th, 2001, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about July 17th, 200 I, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about July 11th, 2001, the Warren County Planning Board considered the proposed rezoning and recommended denial of the proposed rezoning, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, August 6th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by Long Rifle Enterprises, Inc. bearing Tax Map No.: 110-1-1.27 located at 257 Dix Avenue, Queensbury would be rezoned from LI-IA (Light Industrial- One Acre) to HC-IA (Highway Commercial - One Acre), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County 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 intends to conduct SEQRA review of the proposed rezoning after the public hearing at its August 6th, 200 I meeting. Duly adopted this 23rd day of July, 200 I, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR CONTRACT ADMINISTRATION, CONSTRUCTION OBSERVATION AND SURVEY STAKEOUT SERVICES IN CONNECTION WITH CONSTRUCTION OF WATER LINE CONNECTOR TO TOWN OF MOREAU RESOLUTION NO.: 298, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 136.2000, the Queensbury Town Board authorized engagement of the engineering services of C.T. Male Associates, P. C. (C.T. Male) to prepare plan-profiles and pursue the pennits for the construction of the water line connector to the Town of Moreau, and WHEREAS, by Resolution No.: 44.2001, the Queensbury Town Board again authorized engagement of C.T. Male to complete the design, prepare contract documents and provide assistance during the bidding process in connection with the construction of the water line connector, and WHEREAS, the Town Water Superintendent has advised the Town Board that c.T. Male has completed the services authorized by Resolution No.'s 136.2000 and 44.2001 and recommends that the Town Board authorize engagement of C. T. Male for contract administration, construction observation and survey stakeout services in connection with this project for the following amount(s): A Contract Administration: $10,800.00 Lump Sum Fee B. Construction Observation: Hourly (Estimated) 160 hours @ $52!hr= $ 8,320.00 Mileage: 20 days @ 80 mi. x .345= $ 552.00 C. Construction Stakeout: 24 hours @ $116!hr= Mileage: 240 mi. x .345= $ (Lump Sum Fee) $ 2,784.00 82.80 $22,538.80 as delineated in C.T. Male's Proposal dated July 6th, 2001 and presented at this meeting, and WHEREAS, that it is the Town Board's understanding that the Town of Moreau will reimburse the Town of Queensbury for this engineering work in accordance with the Intermunicipal Agreement between the Towns, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of the engineering services of C. T. Male Associates, P. C. for contract administration, construction observation and survey stakeout services in connection with the construction of a water line connector to the Town of Moreau for an amount not to exceed $22,538.80 as delineated in c.T. Male's Proposal dated July 6th, 2001, and BE IT FURTHER, RESOLVED, that payment for these services shall be by a $22,538.80 increase in appropriations in the Moreau Water Connection Capital Project, Misc. Capital Construction Account No.: 122-8340-2899 and a corresponding increase in revenues in the revenue account, Other Local Governments Account No.: 122-0122-2797, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of July, 200 I, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR HYDRO-PNEUMATIC WATER STORAGE TANK RESOLUTION NO.: 299, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Water Superintendent wishes to advertise for bids for the purchase of a Hydro-Pneumatic Water Storage Tank to replace the existing tank for the Shore Colony Water District as specified in Water Department Bid Specification No.: 01-11, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Queensbury Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of Queensbury for the purchase of a Hydro-Pneumatic Water Storage Tank to replace the existing tank for the Shore Colony Water District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting after the opening of the bids. Duly adopted this 23rd day of July, 200 I, by the following vote: AYES Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT:Mr. Brewer RESOLUTION APPOINTING ANNA PLANTE AS BILLING SUPERVISOR ON PERMANENT BASIS RESOLUTION NO. 300,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 28,2001, the Queensbury Town Board appointed Anna Plante to the full-time position of Billing Supervisor subject to Civil Service requirements, and WHEREAS, the Warren County Department of Personnel and Civil Service has advised the Town Board that Ms. Plante placed first on the Warren County Civil Service exam for the Billing Supervisor position, and WHEREAS, the Town Board wishes to now appoint Ms. Plante on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Anna Plante to the position of Billing Supervisor on a permanent basis effective July II, 200 I, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of July, 2001 by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING HIRING OF KA YLAN OSTRANDER TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. :301,2001 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Kaylan Ostrander to work part -time for the Department as a Program Leader, and WHEREAS, Kaylan Ostrander is the daughter of Bruce Ostrander, a Town employee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Kaylan Ostrander to work for the Town's Department of Parks and Recreation as a part-time Program Leader effective July 18th, 2001 at the rate of pay of$5.15 per hour, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Parks and Recreation Department, Town Supervisor and/or Town Comptroller's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of July, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT:Mr. Brewer RESOLUTION APPOINTING CODE COMPLIANCE OFFICER CRAIG BROWN AS TOWN ZONING ADMINISTRATOR RESOLUTION NO. 302,2001 INTRODUCED BY Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 336.98, the Queensbury Town Board appointed Christopher Round as Executive Director of Community Development and Zoning Administrator, and WHEREAS, by Resolution No.: 270, 1999, the Town Board appointed Craig Brown as Code Compliance Officer on a permanent basis, and WHEREAS, Mr. Round has recommended that the Town Board authorize the delegation of Zoning Administrator responsibilities to Mr. Brown in addition to Mr. Brown's duties as Code Compliance Officer, and WHEREAS, the Town Board concurs with this recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Craig Brown as Town Zoning Administrator, in addition to Mr. Brown's current appointment as Code Compliance Officer, effective July 24th, 2001 with compensation for the additional Zoning Administrator responsibilities to be in the annual amount of $3,500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of July, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FOR ELECTRONIC IMAGING OF TOWN PHOTO COLLECTION RESOLUTION NO: 303,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Historian has advised the Town Board that the New York State Education Department Archives Unit has awarded the Town a Local Government Records Management Improvement Fund Grant in the amount of $4,641 for electronic imaging of the Town's photo collection, and WHEREAS, the Town Board wishes to accept the grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $4,641 Local Government Records Management Improvement Fund Grant from the New York State Education Department Archives Unit for the purposes detailed in such Grant and authorizes and directs the Town Supervisor and/or Town Historian to execute the Grant Acceptance form and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of July, 2001, by the following vote: AYES Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT:Mr. Brewer RESOLUTION APPROVING YEAR 2000 VOLUNTEER AMBULANCE WORKER SERVICE AWARD PROGRAM RECORDS FOR WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.:304, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2000 Standard Year End Administration Services for the Town's Volunteer Ambulance Workers Service Award Program, and WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Emergency Squad's Year 2000 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the West Glens Falls Emergency Squad, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2000 Volunteer Ambulance Worker Service Award Program Records for the West Glens Falls Emergency Squad, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of July, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT:Mr. Brewer RESOLUTION AMENDING RESOLUTION NO.: 152,2001 REGARDING PURCHASE OF 2001 SAULSBURY PUMPER BY NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 305, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 152,2001 the Queensbury Town Board authorized the purchase of one (1) 2001 Saulsbury Pumper by the North Queensbury Volunteer Fire Company, Inc., (Fire Company) with the understanding that the Fire Company would enter into a Purchase Lease Agreement for a term of five (5) years, and WHEREAS, the Fire Company has advised that it has recalculated the transaction and has determined that it can enter into a four (4) year Purchase Lease Agreement rather than five (5), and WHEREAS, the Town Comptroller has recommended that the Town Board amend Resolution No.: 152,2001 to provide for this change as well as to clarify the Fire Company's payment terms, and WHEREAS, in accordance with paragraph 5(A) of the Agreement dated March 24,2000 between the Town and Fire Company, the Fire Company needs the Town Board's prior approval for such a lease, and WHEREAS, the Town Board wishes to amend Resolution No.: 152,2001 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 152,2001 such that the first "Resolved" clause of the original Resolution No.: 152,2001 shall read as follows: "RESOLVED, that the Queensbury Town Board hereby approves of the purchase of one (1) 2001 Saulsbury Pumper for the approximate sum of $270,000 by the North Queensbury Volunteer Fire Company, Inc., with the understanding that: 1. The Fire Company will deposit all proceeds for the sale of its 1976 Pumper in the Fire Company's Restricted Vehicle Fund; 2. The Fire Company may use the balance of the Restricted Vehicle Fund estimated to total approximately $160,000 as a cash deposit on the new Pumper purchase; 3. The Fire Company may enter into a Lease Purchase Agreement for a term of four (4) years for the balance of approximately $110,000 at an interest rate appropriate to the tax-exempt status of the Fire Company; and 4. Annual lease payments for the new Pumper may be charged to the Fire Company's Restricted Vehicle Fund; and" BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No. 152,2001 in all other respects. Duly adopted this 23rd day of July, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON BAY RIDGE RESCUE SQUAD, INC.'S PROPOSAL TO PURCHASE NEW AMBULANCE RESOLUTION NO.: 306, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to replace its 1995 ambulance by purchasing one (1) 2001 Medtec Saturn ambulance plus necessary accessories for a total sum of approximately $105,155, and WHEREAS, the Squad has been guaranteed a sale price of $45,000 on its 1995 ambulance resulting in a net purchase cost of the new ambulance in the amount of approximately $60,155, and WHEREAS, the Squad wishes to use approximately $39,155 in its restricted vehicle fund toward the ambulance purchase, leaving a balance of approximately $21,000 needed for the ambulance purchase, and WHEREAS, the Town Comptroller has recommended that the Squad finance the balance of approximately $21,000 with installment debt for four (4) years, and WHEREAS, the Town Board wishes to set a public hearing concerning the proposed ambulance purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed purchase of a new ambulance by the Bay Ridge Rescue Squad, Inc. on August 6th, 2001 at 7 :00 p.rn., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 23rd day of July, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES None ABSENT: Mr. Brewer RESOLUTION ADDING "NEEDLE PARK CIRCLE" TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 307,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Needle Park Circle" to its list of private driveways and road names to reference a roadway through the Whispering Pines Apartments and Townhouses, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Needle Park Circle" to its list of private driveways and roads in the Town of Queensbury with the understanding that the Whispering Pines Apartments and Townhouses will provide for the construction and installation of the necessary poles and street signs identifying Needle Park Circle. Duly adopted this 23rd day of July, 2001, by the following vote: AYES : Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner NOES :None ABSENT: Mr. Brewer RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 308, 2001 INTRODUCED BY: Mr. James Martin 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 Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2001 Town Budget as follows: EMPLOYEE BENEFITS: FROM: TO: $ AMOUNT: 01-1990-1002 (Contingency) 01-9040-8043 (FA Prof. Fees) 1,000. 01-1990-1002 (Contingency) 01-9000-8061 (Health Ins. Benefit Wai.) 13,000. 01-1990-1002 (Contingency) 01-9060-8062 (Medicare Prirn. Reimb.) 3,000. 05-9025-8025-4980 (Service Award-Firemen) 05-9040-8043-4980 (FA Prof. Fees-Fire) 2,000. HIGHWAY: FROM: TO: $ AMOUNT: 04-5130-4820 (Uniforms) 04-5110-4820 (Summer Uniforms) 700. SUPERVISOR: FROM: TO: $ AMOUNT: 01-1220-4105-0000 (Mobile Phone) 01-7550-4400-0000 (Celebrations) 200. UNALLOCATED: FROM: TO: $ AMOUNT: 01-1990-1002 01-1910-4200 9,000. (Contingency) (Insurance) 01-1990-1002 01-1950-4430 5,000. (Contingency) (Property Taxes) Duly adopted this 23rd day of July, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT:Mr. Brewer RESOLUTION APPROVING RICHARD MOON AS ELECTRICAL INSPECTOR FOR THE INSPECTOR, LLC RESOLUTION NO.: 309, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or individuals to perform electrical inspections within the Town and by Resolution No.: 405, 1999, the Town Board determined that the electrical inspection service firm, The Inspector, LLC, met these criteria, and WHEREAS, The Inspector, LLC has hired Richard Moon as an electrical inspector and has requested that the Town Board authorize Mr. Moon as an approved inspector, and WHEREAS, the Town's Director of Building and Code Enforcement has reviewed Mr. Moon's credentials and has recommended that the Town Board authorize him to perform electrical inspections within the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Richard Moon of The Inspector, LLC to make electrical inspections within the Town of Queensbury subject to compliance with the standards set forth in Queensbury Town Code Chapter 80. Duly adopted this 23rd day of July, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES:None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER, MANNIX, SCHACHNER & HAFNER, LLC AS BOND COUNSEL IN CONNECTION WITH THE TOWN OF QUEENSBURY'S BORROWING FROM THE NEW YORK ST ATE ENVIRONMENTAL F ACILITIES CORPORATION FOR THE ROUTE 9 SEWER DISTRICT EXTENSION RESOLUTION NO.: 310, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 283,2001, the Queensbury Town Board authorized engagement of Environmental Capital LLC to provide financial advisory services for the Town's borrowing from the Environmental Facilities Corporation (EFC) in connection with the Town's proposal to extend the Route 9 Sewer District, and WHEREAS, the Town Board wishes to engage bond counsel in connection with the Town's borrowing from EFC, and WHEREAS, by Resolution No.: 530, 2000 the Town Board engaged MILLER, MANNIX, SCHACHNER & HAFNER, LLC (MMSH) to serve as Town Counsel and provide the Town with legal services in a wide variety of matters including bond counsel services, and WHEREAS, MMSH has substantial experience as Bond Counsel in municipal EFC financings, and WHEREAS, MMSH has offered to provide bond counsel services referenced in this Resolution for a total fee not to exceed $7,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of MILLER, MANNIX, SCHACHNER & HAFNER, LLC to serve as Bond Counsel as referenced above for an amount not to exceed $7,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any documentation and take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that payment for these services shall be paid at or after the loan closing and shall be charged to the Capital Project for the District Extension which will be established by the Town Board when it approves engineering reports and authorizes the application for EFC loan funding. Duly adopted this 23rd day of July, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Martin NOES Mr. Brower ABSENT:Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF INDUSTRIAL & UTILITY VALUATION CONSULTANTS, INC. TO REVIEW DRAFT APPRAISAL IN CONNECTION WITH ARTICLE 7 ASSESSMENT CASE COMMENCED BY NIAGARA MOHAWK POWER CORPORATION RESOLUTION NO.:311, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town is engaged in litigation with Niagara Mohawk Power Corporation and Erie Boulevard Hydropower, Inc. regarding real property tax assessments on the Sherman Island Hydroelectric Generating Facility for the years 1994 to 2000, and WHEREAS, the amounts in dispute are very substantial and could result in large refunds to the property owners if the Petitioners prevail in the litigation, and WHEREAS, the Assessor and Town Counsel recommend that the Town Board engage the services ofIndustrial & Utility Valuation Consultants, Inc. to review the draft appraisal prepared by MDI Associates for the Town's use in the litigation, with the cost for such review service not to exceed $2,100 without prior approval of the Town Board, and which cost shall be divided equally between the Town and the Queensbury Union Free School District, and WHEREAS, the Queensbury Union Free School District has approved engagement of the services of Industrial & Utility Valuation Consultants, Inc. to perform the proposed review on the stated terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Industrial & Utility Valuation Consultants, Inc. to review the draft appraisal of the Sherman Island Hydroelectric Generating Facility prepared for the Town's use in litigation with Niagara Mohawk Power Corporation and Erie Boulevard Hydropower, Inc., with the cost for such review service not to exceed $2,100 without prior approval of this Board to be paid for from Account No.: 001-1355-4740, "Assessor's Dept., Article 7", and which cost shall be divided equally between the Town and the Queensbury Union Free School District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Counsel and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of July, 2001, by the following vote: AYES Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT :Mr. Brewer TOWN BOARD DISCUSSIONS SUPERVISOR BROWER-Spoke to the board regarding Valenti property noting the original agreement approved was for X number of buildings noting those buildings will not be constructed they have requested to develop this in a different manner. They are requesting a reimbursement of recreation fees for those properties for the difference for what they are actual building as opposed to what they paid upfront. COUNCILMAN MARTIN-Questioned if the Recreation Commission has been notified? COMPTROLLER HESS-Noted Mr. Hansen is supporting this and approved the payment subject to Town Board approval. TOWN BOARD-In agreement. SUEPRVISOR BROWER-Spoke to the board regarding meeting to be held Wednesday night at seven o'clock at the West Glens Falls Firehouse regarding the Exit 18 Corridor. COUNCILMAN MARTIN-Asked if Supervisor Brower has heard from William Remington regarding update on North Queensbury Sewer? SUPERVISOR BROWER-Noted they met today and are trying to get a meeting scheduled in August at the North Queensbury Firehouse. COUNCILMAN MARTIN-Noted all the alternatives should be reviewed subject to a uniform set of criteria. COUNCILMAN STEC-Noted the Town Board is considering a closure action of Clifford Avenue. Spoke to the board regarding the sale of Animal Land questioned if they have received information regarding this? SUPERVISOR BROWER-Sent letter to Attorney Paul Dusek, and Chairman of the Board, and Chairman of the Committee also noted he spoke with Bill Thomas. Mr. Thomas didn't think there would be a problem, he hasn't had a chance to speak with Attorney Dusek. COUNCILMAN STEC-Asked the status of the West Mountain Road speed limit noting he has received requests to lower the speed limit between the sections of Gurney Lane to Bonner Drive. SUPERVISOR BROWER-To contact Sheriffs Department to have them put the speed wagon in that area. COUNCILMAN STEC-Questioned the status of the sewer testing at 280 Aviation Road. EXECUTIVE DIRECTOR, MR. ROUND-Noted he wasn't aware of this will contact Dave Hatin regarding status. Presented board with memo board regarding revised Zoning Ordinance has established dates for public outreach. To give copy of draft ordinance to board August 3rd, August 7th, the Steering Committee will get an opportunity to look at the ordinance again noting there are not a lot of changes from the original. Informational Meetings to be held August 23, Queensbury Activity Center, North Queensbury Firehouse August 29th, South Queensbury Firehouse September 6th, tentative date West Glens Falls Firehouse September 11th, 2001. Spoke to the board regarding meeting to be held Wednesday regarding Exit18 Corridor presented board with minutes from previous two meetings held regarding this project. ATTORNEY MATTERS ATTORNEY HAFNER-Noted he has one matter for executive session. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 312,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one matter litigation. Duly adopted this 23rd day of July, 2001, by the following vote: Ayes: Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec Noes: None Absent:Mr. Brewer RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR TOWN BOARD MEETING RESOLUTION NO. 313,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 23rd day of July, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower Noes: None Absent:Mr. Brewer No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury