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2002-09-23 REGULAR TOWN BOARD MEETING SEPTEMBER 23, 2002 MTG. #43 RES. 371-3837:12 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER SUPERVISOR BROWER-Welcomed back Councilman Turner, he has been ill he is back in action and it is good to have you back, Ted. COUNCILMAN TURNER-Thank you and I thank everybody for their kindness and their thoughts, it is nice to be back. SUPERVISOR BROWER-Read into the record the following Resolution of Sorrow RESOLUTION OF SORROW CONCERNING THE DEATH OF DR. R. GEORGE WISW ALL RESOLUTION NO.: 371,2002 INTRODUCED AND SECONDED BY THE ENTIRE TOWN BOARD WHEREAS, the members of the Queensbury Town Board were saddened to learn of the death of former Queensbury Town Councilman, Dr. R. George Wiswall, and WHEREAS, Dr. Wiswall was a reputable veterinarian in this area for over 43 years, serving as Warren County Veterinarian and dedicating himself to veterinary medicine on the local, state and national levels and attending veterinarian conventions all over the world, and WHEREAS, Dr. Wiswall held many positions during his life including that of Queensbury Town Councilman from 1993 - 1994, and WHEREAS, Dr. Wiswall served as a member of the Board of Directors of the Town's Cemetery Commission for many years, and WHEREAS, Dr. Wiswall was an active member of many community associations including the Humane Society, the Glens Falls Kiwanis Club, Founder and First Chief of the Queensbury Central Volunteer Fire Company, Inc., Oriental Shrine of Troy and Glens Falls Shrine Club, the Queensbury Masonic Lodge No. 121 F & AM, Board of Directors of the Glens Falls YMCA, Glens Falls Country Club, Queensbury Senior Citizens, Greater Glens Falls Senior Citizens, Hyde Museum, Chapman Museum, Fort Edward and Lake George Historical Associations, Feeder Canal Alliance and Warren County Sheriffs Mounted Patrol, and WHEREAS, Dr. Wiswall contributed to many community charitable endeavors during his lifetime including the Prospect Child and Family Center, Glens Falls Hospital Foundation, Fort Hudson Pavilion in Ford Edward and the Center for Independent Living, and WHEREAS, Dr. Wiswall was a true professional, understanding, conscientious and committed in his role on behalf of this municipality and was a significant asset to this community, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its sympathy to the family of Dr. George Wiswall of Queensbury on his passing. GIVEN under the SEAL of the Town of Queensbury this 23rd day of September in the year two thousand two. AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 1.0 PUBLIC HEARING 1.1 CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2003 NOTICE SHOWN AND READ BY TOWN CLERK SUPERVISOR BROWER-Asked Mike Shaw Deputy Director of Wastewater to step forward, do you have anything you would like to state for the record? DEPUTY DIRECTOR OF W ASTEW ATER MIKE SHA W- Each year we, for the last twelve years we had the public hearing on adopting the proposed roll. This years roll for the Central Queensbury Quaker Road Sewer District has been proposed and as the public knows and the Board this roll is a method that the town uses to assess taxes for the Quaker Road Sewer District users. The roll is made up of units, the units are complied from residential parcels which we use for acreages and commercial parcels which we use acreages and commercial water uses. This years roll, the district borders itself has not changed this past year there was no district extension. We do see an increase a ten percent increase in commercial water usage. The roll itself is based on units and there are total units for the roll. We see this year the total units for the roll going up approximately three percent. SUPERVISOR BROWER-Ok. Any questions for Mike Shaw at this time form Board Members? Hearing none I will open the public hearing to anyone who would care to comment? Seeing no interest in public comment at this time I will close the public hearing and turn to the Board for any action. RESOLUTION ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2003 RESOLUTION NO. 372. 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr.Theodore Turner WHEREAS, in accordance with New York State Town Law (202, the Queensbury Town Board has prepared the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2003 assessing the expense of district improvements of general sanitary sewers located in the Central Queensbury Quaker Road Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on September 23rd, 2002 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2003 for payment of public improvement expenses within the District in accordance with New York State Town Law ~202, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. Duly adopted this 23rd day of September, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 2.0 CORRESPONDENCE 2.1 Town Clerk's Monthly report for August 2002 2.2 Building and Codes Monthly Report - June,July,August, 20022.3 The Budget for 2003 turned over to the Town Board and Town Clerk on last Friday 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR SUPERVISOR BROWER-Requested that the Town Board consider placing a resolution on the floor regarding Lead Agency Designation and Authoring Town Clerk to submit Petition for change of zone for John H. Bernhard to Planning Board, this is in regard to the Bay Ridge Vol. Fire Station NO.2 on Glen Lake. TOWN COUNSEL HAFNER-The resolution before the board is the normal way we do rezoning, referred to the Planning Board for their recommendation, they hold a public hearing it then comes back to the Town Board for another public hearing and then make its decision. This rezoning was for the fire station on Glen Lake Road, as the Town Board has known there is a contract between the fire company and Mr. John Bernhard to purchase this contingent upon a rezoning. The Town Board has interest in this because we have a contract with the fire company on how the proceeds will be used toward their budget they have to have town board approval in order to agree to the contract. Noted there are time contingencies...Mr. Bernhard has asked that the Town Board consider setting a public hearing just for itself and not delegate to the Planning Board in this situation, so it can meet the contract conditions. COUNCILMAN BOOR-Questioned the size of the lot and can it be enlarged? (1.37 acres) TOWN COUNSEL HAFNER- (Passed out copies of the Rezoning application to the Town Board.) COUNCILMAN BREWER-We have a contract with a person to sell a building contingent upon rezoning and he is asking us to rezone it, that doesn't look right to me. COUNCILMAN BOOR-I agree, I think what makes it legitimate is the fact that we have got it as a fire department it is already in a quasi private, public stand. COUNCILMAN BREWER-It puts me in a funny position that for this guy to buy this property we have to rezone it and we are going to be the benefactors of this money that this guy pays for it. COUNCILMAN BOOR-You are right but when we look at the building that is there now it is a commercial building it is not a residential building to begin with. COUNCILMAN BREWER-We are the only legislative body that can change the zone. It is kind of a conflict of interest. COUNCILMAN BOOR-It is conflict of interest but it is not a conflict of use, it is already being used a commercial enterprise. TOWN COUNSEL HAFNER-It is the Town Board's decision to make a policy decision of whether this is the proper zoning. DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND-The question that I guess Bob wants an answer to tonight is do you want to refer this through the normal process of the Planning Board and obtain their recommendation and then go forward with Town Board public hearing and action or do you want to vary from that process and go ahead and set a public hearing and hear this legislative proposal? Noted an alternative would be a use variance. COUNCILMAN BREWER-I do not want to vary from the policy we have in place. SUPERVISOR BROWER-I do not have a problem with staying with our normal policy. COUNCILMAN BOOR-Would this be structured that this rezoning stays the way it is regardless if whether he backs out of this deal or not? COUNCILMAN BREWER-If we rezone it, it does. DIRECTOR ROUND-We do not recommend that you include contingencies in rezoning. TOWN COUNSEL HAFNER-Noted that Mr. Bernhard is here...! heard a comment about perceived conflict and having the Planning Board review it and come up with a recommendation would give you another layer of a second independent board reviewing the same thing. MR. JOHN H. BERNHARD-8 Jay Road East, Glen Lake The idea for me is to move my law office up there and store our six boats, several of which are antiques. My concern would be to be able to get the boats put away for the winter in terms oftimely-ness or I will have to make other arrangements. There is not other contingency in the contract, it is not contingent on financing if we can get it rezoned we can go ahead and close as soon as possible. My suggestion would be to get the second layer of approval to avoid the appearance of conflict, at the same time schedule the public hearing and you should have the input I would hope give the Planning Board enough time to put their input in and have it ready for the public hearing. COUNCILMAN BOOR-You would have a law office there and boat storage? MR. BERNHARD-And boat storage. COUNCILMAN BOOR-I would have to refer back to Chris, I am not sure that is allowable, boat storage in that zoning. MR. BERNHARD-It is my own personal boats, it is a vast space where the fire trucks were, at this point I am a one man law office. COUNCILMAN BOOR-I am not saying I have a problem with it I just don't know if it is allowed. DIRECTOR ROUND-Noted it would be reviewed and information provided to the Planning Board. COUNCILMAN BOOR-It is probably appropriate that it go to the Planning Board then, it is not a cut and dry issue. SUPERVISOR BROWER-I believe the Planning Board conducts their own public hearing and then it would come back to the Town Board for a public hearing and after that a potential action by the Town Board. DIRECTOR ROUND-We will inform the Town Board as soon as we know what the scheduled public hearing date is for the Planning Board. We schedule it, and then you would have the public hearing the closest date to that. 4.0 OPEN FORUM MR. JOHN SALVADOR-Questioned if the Supervisor informed the Board about the events that took place Wednesday at the Warren County Board of Supervisor's Meeting, regarding occupancy tax? SUPERVISOR BROWER-No MR. SALVADOR-Noted no vote taken on the occupancy tax...he heard that the Sagamore and the Fort William Henry are opposed to the tax... noted that he feels that the County will have to raise the sales tax a half of a percent.. RE: Great Escape, where do we stand, possible negotiations going on or maybe a proposal coming from the Great Escape and they are looking at it. RE: Post Start Article We do not need a bean counter setting town policy. RE: Quaker Road Sewer Ext. #7 received a copy of the map, plan and report spoke about experience factor, noted he did not feel it is applicable, there are standards for the number of gallons of wastewater that can be generated from a certain size residential dwelling and we are deviating from those standards...this is poor planning. MR. PLINEY TUCKER-Division Road RE: Division Rd. Town Highway Law the only way the Highway Supt. could use the road at the end of Division Road between Division and Ogden Road by use is by violating Highway Law, he has no right to go on private property to plow snow or anything else. Noted he was disappointed that the Supervisor took the Town Attoney's opinion as town policy and it bothers me a little bit that you are allowing him to make town policy. I am filing a complaint for whatever it is worth. RE: Queensbury Forest Questioned why the Highway Dept. was being paid for labor and equipment for repairing the drainage in Queensbury Forest? COUNCILMAN BREWER-That was a separate project that we did, that we had a special fund set up for. It is law that we pay for the labor and equipment. COMPTROLLER HESS-Described to the Board a possible solution of an annual contract with the Highway Dept. which would include in their scope of services for their budget would be plowing of sidewalks and providing for labor for drainage problems.... MR. TUCKER-I got information that our Highway Superintendent was investigated by the State Police over some property that he acquired and didn't acquire legally I would like the Town Board to investigate it and let the public know what is going on. SUPERVISOR BROWER-Questioned if this pertains to Town of Queensbury activities? Is it Town property you are talking about? MR. TUCKER-No. It is the Highway Supt. It would effect the Town of Queensbury that an official of the Town of Queensbury was charged with theft. He was not found guilty he bought his way out with a thousand dollars. MRS. BARBARA BENNETT -Questioned when the budget will be available. TOWN COMPTROLLER-The tentative budget was presented to the Town Board tonight that is the Supervisor's budget the Town Board spend the next four weeks or so molding the budget into what it wants to adopt in November that is a process that starts now. To my knowledge the tentative budget is available for review but it is not the one to be voted on. MRS. BENNETT-RE: Res. 5.8 Is that property involving Indian Ridge COUNCILMAN TURNER-That is the property on the comer of Potter and Aviation Road. COUNCILMAN STEC- This is a traffic issue. SUPERVISOR BROWER-If any action is taken it would be for highway purposes. MRS. BENNETT-Asked what was replacing Ponderosa? DIRECTOR ROUND-Pizzeria Uno... MRS. BENNETT-George's Rest. ? DIRECTOR ROUND-George Patrick is opening a new restaurant George's. MR. SAL V ADOR-RE: By-pass road between Division and Ogden it is not sufficient for the Highway Supt. plow the road, the road must be taken under municipal care and the public must use it for a period of ten years. This road has no name. RE: Queensbury Forest Drainage sidewalk and drainage are surely the purview of the Highway Dept. but not drainage on a private development. COUNCILMAN BOOR-That was due in large part because of errors of previous Town Board and an Engineering firm and the Town was some what calculable and so the Town stepped up to the plate and did the right thing and took care of the problem. It is better to take care of it than leave it those were property values that were sinking fast where people have water in their cellars every year and I think it was the responsible thing to do and I am sorry if people take offense that we did it in house with the Highway Dept. SUPERVISOR BROWER-Asked for further public comment...none was heard...Open forum closed. 5.0 RESOLUTIONS RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO.: 373, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Director of Parks and Recreation (Director) has advised the Town Board that the Town is again eligible to apply for reimbursement funds from the New York State Division for Youth relating to Town recreation programs, and WHEREAS, the Director has requested Town Board authorization to prepare a fund application in the amount of $9,000, the total amount of recreation funds the Town proposes to expend in 2003 for the administration, supervision, and operation of its year-round recreation programs, recognizing that the Town is more likely to receive a grant in the amount of $8,424 based on eligibility criteria as it relates to the Town's youth population, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Director of Parks and Recreation to prepare the application for recreation funds from the New York State Division for Youth and further authorizes and directs the Town Supervisor and/or Parks and Recreation Director to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of September, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR REMOVAL OF EXISTING ROOF AND INSTALLATION OF NEW ROOF AT TOWN COURT BUILDING ON GLENWOOD AVENUE RESOLUTION NO.: 374.2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Facilities Manager has advised the Town Board that the existing roof at the Town Court Building on Glenwood Avenue is in disrepair and needs to be replaced, and WHEREAS, the Facilities Manager has therefore recommended that the Town Board authorize bids for the removal of the Town Court's existing shingled roof surface and replace it with a standing seam metal roof surface, and WHEREAS, the Town Board concurs with the Facilities Manager's recommendation, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and requirements set forth in bid documents and specifications to be drafted by the Town Facilities Manager, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to publish an advertisement for bids for the removal of the existing shingled roof surface and installation of a new, standing seam metal roof surface at the Town Court Building on Glenwood Avenue consistent with specifications to be prepared by the Town's Facilities Manager, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 23rd day of September, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF FUNDS AND ESTABLISHING NEW CAPITAL PROJECT FUND #133 - TOWN SIGNS BEAUTIFICATION PROJECT RESOLUTION NO.: 375. 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously established funds for capital construction of Town beautification projects, and WHEREAS, the Town Board wishes to authorize the construction and installation of new signs and related equipment at strategic areas within the Town, and WHEREAS, the total Project cost is estimated to be $30,000 and therefore the Town Board wishes to appropriately establish a Capital Project Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Town Signs Beautification Project Fund #133 which Fund will establish funding for expenses associated with the construction and installation of new and rehabilitated signs and related equipment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for these signs, work and equipment shall be as set forth by a budget adjustment from Account No.: 001-9950-9030 in the amount of $30,000 to transfer to Town Signs Beautification Project Fund #133, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Comptroller's Office to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: Revenue Account No. 133-0133-5031 - Interfund Transfer - $30,000, Expense Account No. 133-8510-2899 - Capital Construction - $17,000, Expense Account No. 133-8510-4400- Misc. Contractual- $3,000, and Expense Account No. 133-8510-4165 - Town Welcome Signs - $10,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to amend the 2002 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. Duly adopted this 23rd day of September, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion held before vote: Director Round-Re: Bay and Quaker Road enhancement project There was a grant for site improvements the second phase will be installation of some type of sign and she has estimated the cost between ten and twenty five thousand dollars, that purchase will be brought in front of you. This is to establish the capital fund. Comptroller Hess-Marilyn Reba wanted to tie the sign work on Bay and Quaker to the reconfiguration work that is being done now and in the process of doing this we went though and pulled the money out of those areas to go into the Capital Project so that in event it is not done by years end the money stays there until the project is completed. There was an additional ten thousand dollars moved at the suggestion of the Supervisor who said there are other sign works we might need to do out of this so there is another ten thousand dollars for other undesignated sign work. RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 376. 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town 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 2002 Town Budget as follows: COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 001-3620-1060 001-3620-4155 (Temp Pers. Serv.) 6,000. (Clerk Full-Time) INFORMATION TECHNOLOGY: FROM: TO: $ AMOUNT: 01-1680-2032 (Computer Software) 01-1680-4800 (Equip. Repairs-Supplies) 3,000. PLANNING: FROM: TO: $ AMOUNT: 001-8510-2899 Construction) 001-9950-9030 (Transfer to Cap Project) 20,000. (Capital 001-1990-4400 001-9950-9030 (Transfer to Cap Project) 10,000. (Contingency) SHORE COLONY CAPITAL PROJECT: FROM: TO: $ AMOUNT: 117-8330-2899 Constr.) 117 -9730-7030 (BAN Interest) 4,781. (Misc. Capital WASTEWATER: FROM: TO: $ AMOUNT: 032-8120-2001 032-8120-4800 (Equipment Repairs) 500. (Misc. Equipment) Duly adopted this 23rd day of September, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF GARY GRANT FROM HEAVY EQUIPMENT OPERATOR TO CREMATOR AT PINE VIEW CEMETERY RESOLUTION NO. 377.2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Cemetery Superintendent has recommended that the Town Board authorize the provisional promotion of Gary Grant from Heavy Equipment Operator to Cremator at the Pine View Cemetery, and WHEREAS, the Town Board agrees with this recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Gary Grant from Heavy Equipment Operator to Cremator at the Pine View Cemetery effective September 24th, 2002 on a provisional basis, subject to any applicable Civil Service requirements and a 90 day probation period, at the rate of pay specified in the Town's CSEA Union Agreement for the position for the year 2002, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of September, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF EMPIRE STATE APPRAISAL CONSULTANTS, INC. TO PREPARE APPRAISAL IN CONNECTION WITH ARTICLE 7 ASSESSMENT CASES COMMENCED BY GEORGE GOETZ AND JOHN GOETZ D/B/ A RAY SUPPLY RESOLUTION NO.: 378.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town is engaged in litigation with George Goetz and John Goetz (d/b/a Ray Supply) regarding real property tax assessments on the Ray Supply property (tax map no.: 296.17-1-35) for the years 2000, 2001 and 2002, and WHEREAS, the total assessed value of the property for each of the years in question is approximately $462)00 and the tax amounts in dispute are substantial and could result in significant refunds to the property owners if the Petitioners prevail in the litigation, and WHEREAS, the firm of Empire State Appraisal Consultants, Inc. (ESAC) is a reputable and established appraisal company, with 27 years of experience, including extensive experience in appraising large commercial properties, and WHEREAS, ESAC has appraised other commercial property for the Town and its performance and services have been entirely satisfactory and have materially contributed to the ability of the Town to settle past tax assessment litigation without the need for trial, and WHEREAS, ESAC has proposed to prepare preliminary and final appraisals for the Town's use in settlement discussions and litigation, with its fee for the preliminary appraisal not to exceed $2,000 and its fee for a final, trial-ready appraisal, if necessary, not to exceed $2,000 (for a total of $4,000), with the costs of ESAC's work to be shared equally by the Town and the Queensbury Union Free School District, and WHEREAS, Queensbury Union Free School District counsel recommends that the School Board approve retaining ESAC to perform the needed appraisal work on the stated terms, with the costs to be shared equally by the Town and the School District, and such approval by the School Board is expected, and WHEREAS, the Assessor and Town Counsel recommend that ESAC be retained to provide the necessary appraisal services on the proposed terms, with the cost to be divided equally between the Town and the Queensbury Union Free School District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Empire State Appraisal Consultants, Inc. (ESAC) to prepare a preliminary appraisal and, if necessary, a final appraisal of the Ray Supply property for the years 2000,2001 and 2002 for the Town's use in property tax assessment litigation, with the cost for such preliminary appraisal not to exceed $2,000 and the cost of a final appraisal, if necessary, not to exceed $2,000 (for a total of $4,000), which costs shall be divided equally between the Town and the Queensbury Union Free School District, with the Town's portion to be paid from the Assessor's Department Article 7 Account No.: 001-1355 -4740, 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 September, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT None RESOLUTION AUTHORIZING APPRAISAL OF PROPERTY LOCATED AT CORNER OF POTTER AND AVIATION ROADS RESOLUTION NO.: 379.2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to obtain an appraisal of certain property located at the comer of Potter and Aviation Roads in the Town of Queensbury (tax map no.: 301.7-2-20), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an appraisal of certain property identified as tax map no.: 301.7-2-20 and located at the comer of Potter and Aviation Roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to hire an appraiser to make such appraisal for a total cost not to exceed $1,000 to be paid from the appropriate account, sign any documentation, including a contract for services, and take all action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of September, 2002 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: None ABSTAIN: Mr. Boor Discussion held before vote: Councilman Boor-Noted he was not present at the meeting where this was discussed and will abstain from voting. RESOLUTION AUTHORIZING ADOPTION OF POLICY FOR REVIEW OF REZONING APPLICATIONS RESOLUTION NO.: 380.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Executive Director of Community Development has recommended Town Board adoption of a policy regarding processing of rezoning applications in order to establish a schedule for consideration of such rezoning applications, provide for more thorough analysis of such applications and provide for better management of the Planning Department's workload, and WHEREAS, the Executive Director has drafted a proposed policy entitled, "Policy for the Review and Processing of Applications for Requests for Rezoning," and a copy of the proposed Policy has been presented at this meeting, and WHEREAS, the Town Board has considered and wishes to adopt the proposed Policy as the Policy will provide for better management of rezoning requests submitted to the Town by providing a fixed timeframe for the processing and review of rezoning applications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the "Policy for the Review and Processing of Applications for Requests for Rezoning" as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to take any and all action necessary to effectuate the terms of the Policy and this Resolution. Duly adopted this 23rd day of September, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec Mr. Brewer, NOES None ABSENT: None Discussion held before vote: Director Round-We presented a draft several months ago to the Board we receive a number of rezoning requests through out the year, rezoning are discretionary actions by the Town Board, we have no way to manage the schedule of those submissions and they are often treated in a similar fashion to other land use applications that are in front of the town. We think we need to better manage our work load, and then bring a higher level of awareness of what we are actually doing when we rezone the areas of the town. We think the policy in front of you will do that and it will control the flow of those submissions and allow the Town Planning Staff and Planning Board to take a little more time in contemplating those changes. This says you can submit applications at any time through the year however the Town Board if it so chooses will only refer those on a quarterly basis to the Planning Board. The Planning Board will look at a series of application and see how they effect the Town i a comprehensive fashion rather than trying to deal with them on a case by case basis. If we were prepared and had a schedule such as is proposed that we could coordinate a board meeting between the Town Board and the Planning Board and conduct a joint session. 6.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR RESOLUTION CONSENTING TO LEAD AGENCY DESIGNATION AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR JOHN H. BERNHARD TO PLANNING BOARD RESOLUTION NO. 381. 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, John H. Bernhard, Esq., has submitted an application to the Queensbury Town Clerk's Office for rezoning of a parcel of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, and WHEREAS, the Town Board understands that the reason for this rezoning request is to authorize the establishment of a professional law office at the subject property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF John H. Bernard, Esq. TAX MAP NO: 289.06-1-6 LOCATION OF PROPERTIES 483 Glen Lake Road, Queensbury APPLICATION FOR Rezoning of parcel currently zoned Rural Residential- Three Acres (RR-3A) to Professional Office (PO) and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as 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 this resolution is an exception to the new Town Policy for Rezoning Applications. Duly adopted this 23rd day of September, 2002, by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec NOES Mr. Brewer ABSENT: None ABSTAIN: Mr. Boor 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-RE: Glen Lake Dredging Questioned the status. SUPERVISOR BROWER-Noted the group from Glen Lake would like the Town Board to be lead agent, Dave Wick was present and he felt the only way to make this project precede would be to have the Town Board as lead agent. The Board seemed interested in that possibility with concerns about liability, would our current liability policies be effective, would we have to get additional liability insurance to cover this specifically? If we are lead agent would we need to provide one of our employees to oversee the project? Would volunteers be able to assist in the project or would the insurance company preclude them? Those are the answers we have yet to obtain from our insurance company. COUNCILMAN BOOR-Were there any discussion in terms of monetary issues? SUPERVISOR BROWER-It was felt that there should be a sharing of cost relative to the project and the Town express an interest in trying to have some cap, spending no more than probably twenty five or thirty thousand in that range. COUNCILMAN BOOR-Would that include our insurance and manpower? SUPERVISOR BROWER-That was not addressed. COUNCILMAN STEC- The insurance was part of their budget. COUNCILMAN BREWER-They are going to see about qualified people to run the dredge. SUPERVISOR BROWER-I will have Henry investigate the insurance issues. COUNCILMAN BREWER-They said they would come back with a letter of commitment for funds, their share or in excess. We are schedule to meet with them next Monday we would like to move that meeting to Wednesday if possible due to scheduling commitment. SUPERVISOR BROWER-Meet on Wednesday at 7:00 P.M. COUNCILMAN BOOR-One of my initial thoughts was that we would match them dollar for dollar. COUNCILMAN STEC- That is basically what we are talking about. SUPERVISOR BROWER-That is one of the thing we will talk about at the next meeting. COUNCILMAN BOOR-We have to be very careful when we take on projects like this that they in fact benefit the public at large and that is why it is important that they also contribute an amount of money that is appreciable so it does not look like we just dole out to anybody that wants something done. They have to show it is important to them enough to ant up. SUPERVISOR BROWER-DEC did a tour of the site and said the recreation value is one thing but aquatic life, bring back plant life and fishery would be a huge improvement because nothing can exist in that end of the lake the way it is now. COUNCILMAN BOOR-Questioned if the de-watering site was discussed and is the town considering manning that with equipment? COUNCILMAN BREWER-We asked them to come back with some kind of contract regarding de- watering site. COUNCILMAN BOOR-Requested that the Town Counsel review the document. COUNCILMAN STEC-RE: First appraisal has anything come back? SUPERVISOR BROWER-No COUNCILMAN BREWER-Questioned when workshops for the budget would be started and also the Fire Company budgets. SUPERVISOR BROWER-Will start meetings October 7th. 8.0 ATTORNEY MATTER NONE 9.0 EXECUTIVE SESSION RESOLUITON CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 382.2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss personnel issues, possible eminent domain action discussion and litigation matter regarding article 7 cases. Duly adopted this 23rd. day of September, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None (Members adjourned to the Supervisor's Conference Room) No action taken RESOLUTION ADJOURNING MEETING RESOLUTION NO. 383.2002 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 its Executive Session and be it further RESOLVED, that the Town Board hereby adjourns its Regular Meeting. Duly adopted this 23rd. day of September by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury