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2002-11-04 REGULAR TOWN BOARD MEETING NOVEMBER 4, 2002 MTG. #51 RES. 440-457 7:04 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS COMPTROLLER HENRY HESS W A TER/W ASTEW A TER SUPT. RALPH VANDUSEN DEPUTY W ASTEW ATER SUPT. MIKE SHAW COMMUNITY DEVELOPMENT DIRECTOR CHRIS ROUND DIRECTOR OF BUILDING AND CODES DAVE HATIN SUPERVISOR BROWER-OPENED THE MEETING PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BOOR 1.0 PUBLIC HEARINGS 1.1 Amendment of Zoning Ordinance to Change Classification of Property of John H. Bernhard located at 483 Glen Lake Road from RR-3A (Rural Residential-Three Acres) to PO (Professional Office) Notice Shown Supervisor Brower-Mr. Bernhard how are you today, would you care to step forward and just introduce yourself for the record please? Mr. John H. Bernhard-My name is John H. Bernhard it is Bernhard and we live at 8 Jay Road East here in Queensbury. It is a Lake George mailing address, right around the comer from the fire house, the subject property. Supervisor Brower-I know your goal was to commence this transaction before the snow falls but you have not been successful to my great surprise. And you proposed a professional office as well as storage of your own personal boats correct, on the property? Mr. Bernhard-That is correct, and any other personal property. That is basically all that is planned for the property at this point in time, I really have no long range plan either for that matter. The property meets my purposes for a law office, it is handicapped accessible which my current office is not. It is around the comer from where I live it makes it easy for me to get over there in short notice. I have been twenty years down here in Glens Falls would look forward to moving the office up closer to home. Given what the property has been used at it really is not a residential structure it would seem what I propose is going to have the least impact on the neighborhood short of bulldozing and starting over as a residential structure. I would hope that you would be able to agree with the Planning Boards recommendation, they give you nine reasons why. Mr. Strough here introduced it and sent it back to you. All of those reasons I think are accurate, I do not believe really there is any reason that !can't think of that it wouldn't be in the best interest of everyone. I move that you go ahead and approve this zoning change. Supervisor Brower-Ok. Thank you very much. I will open the public hearing to any members of the public that would care to comment on the proposed rezoning at this time? Would anyone care to address the Board on this issue? Mr. Strainer? Good evening. Mr. David Strainer-Hi, my name is David Strainer I live at 1124 Ridge Road. Whereas I have no problem with what the applicant wants to do with that property. I do believe that he should be seeking a use variance there is hardship on the fire company to sell this property, it would fit the classification of use variance but I find it very difficult to change zoning which is considered spot zoning at this point it leaves a bad example. It can open Pandora's box and I really think that something should seriously consider because you are going to have other applicants who are probably going to try and do the same thing. Again, I have no problem for what Mr. Bernhard wants to do there I think it is a great project, but I really think he should be going to the use variance. Supervisor Brower-Would anyone else care to address the Board at this time regarding this particular public hearing? Mr. Bill Tucker-My name is Bill Tucker I live on Glen Lake Road. How many acres of land is that? Town Counsel Hafner-1.37 acres. Mr. Tucker-U7? Town Counsel Hafner-Yes. Mr. Tucker-If the zoning does get changed and he decides to sell it in the future what happens then? Councilman Brewer-The zoning stays with the property. Councilman Boor-It stays the same. The zoning stays. Mr. Tucker-It stays zoned as the change? Supervisor Brower-Professional Office. Mr. Tucker-What type of other uses could that have? Director of Community Development Chris Round-Professional Office Building allows a duplex with site plan review, a multi family dwelling with site plan review, the remaining uses here are also site plan review. Cemetery, Day Care Center, Health related facility, a nursery meaning a landscaping type nursery, place of worship, professional office or a saw mill, chipping mill or strike that, a school so it is similar uses that are allowed in our residential zones. Mr. Tucker-Now, if someone was to purchase property that was adjacent to that could that be combined? Councilman Stec- They would still have to be right here for a rezoning. Director Round-That would not rezone the property per se. Supervisor Brower-Would anyone else care to address the Board at this time regarding this application? Ok. Seeing none I will close the public hearing at this time and ask Board Members if they have any questions of the applicant at this time? Councilman Boor-I have already talked with the applicant the only assurance that I wanted was that the use be personal and he has so subscribed that, that is what it would be used for. I just did not want the rental boat storage and to address what Dave said certainly spot zoning is something we want to avoid but I think this is an unusual situation in that it is a quasi zone to begin with because it was a fire station. I mean, I do not know if fire stations have a zoning unto themselves so in a way it is not spot zoning, it really was unzoned. I am not sure that I am speaking correctly maybe the lawyer or Chris could, but I do not know that there is a zoning that is specific to fire stations so we are not really changing I do not think. Mr. Tucker-It has a zoning now. Councilman Boor-It has a zoning but we all know it was a fire station it was not a residence and that is what I am getting at. This was not a residence it was ...1 do not think that it was out of character with the neighborhood. The faux pa saw mill, chipping mill is exactly what we would not want to put there. I do not think that this would interfere with the residential nature of the area. Office professional is probably the least intrusive of the commercial type zoning so I think it is appropriate and the building itself is clearly not a residence per se with the big bays and you know, I am preaching the choir. It is a concern and we have to be careful with spot zoning but I think we are all cognizant of the fact that this was a fire station which unto itself makes it unusual and how do we best bring it back into use without having it obtrusive and I think this is an appropriate zoning change. Supervisor Brower-Further questions? Councilman Turner-I would like to add will the buyer agree to consider that if this is rezoned that you have to come back if you try to sell this property, to this Board whoever sits here at the time with another variance for another rezoning no matter what happens there. Just so it doesn't get off the beaten path. Mr. Bernhard-If I understand it site plan review would be required for anything different than what I proposed. Councilman Turner-If you decide all of a sudden you are going to tear that down and go build something else, that is fine but you know, if you are going out of the zone the character of the zone then you have to come back here. Mr. Bernhard-I am sure that would be required no matter what the vote is tonight. Councilman Turner-I just want to hear you say it. The only other thing I would add that is a very small lot and I think if my memory serves me right and correct if I am wrong, that Mr. Sicard and Mr. Fitzgerald gave the fire company that piece of land to build that fire house on is that correct? Mr. Bernhard-That is the history that I have heard I do not know that to be fact, but that is what I have heard. Councilman Turner-That is my understanding. They certainly put it there considering what was going there and I think they tried to at the time they gave it to the fire company Mr. Fitzgerald wanted to open a sand pit in the back of that on the 149 side and he was operating out of there and he got shut down. Mr. Sicard owns the land to the west so you know. Mr. Bernhard-I have spoken to George Sicard and he told me he has the family blessing as he put it for what I propose. I have not spoken with Mr. Fitzgerald I do know when I was looking up the various properties that had to be identified on this application that one of those parcels was listed as a gravel pit out behind the fire house. Councilman Turner-As far as the use variance the use is pretty limited if the style of the building and I would agree with you in some respects but you know what are you going to do with that building? We going to tear it down? You are going to make the guy tear it down? Mr. Strainer-That is not it at all he has a specific use,..apply for a use variance you still have to do the zoning change. I have no problem with this project I think it is probably the best thing you are ever going to put there but unfortunately to do it you would have to spot zone and spot zoning as you know is not a good way to go about it. Supervisor Brower-Further questions from the Board for the applicant? Ok. Thank you very much. Mr. Bernhard-Thank you. Supervisor Brower-Gentlemen do I have a motion? Councilman Boor-I will move it. Councilman Brewer-We have to do a SEQRA, right? Director Round-This project as the applicant indicated does require a site plan review and the Planning Board a SEQRA lead agency has already issued a SEQRA determination of non significance. RESOLUTION AUTHORIZING AMENDMENT OF ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OF JOHN H. BERNHARD LOCATED AT 483 GLEN LAKE ROAD FROM RR-3A (RURAL RESIDENTIAL - THREE ACRES) TO PO (PROFESSIONAL OFFICE) RESOLUTION NO. 440. 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by John H. Bernhard to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 289.06-1-6 located at 483 Glen Lake Road in the Town of Queensbury from RR-3A (Rural Residential- Three Acres) to PO (Professional Office), and WHEREAS, on or about September 23rd, 2002, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and WHEREAS, on or about October 15th, 2002, the Queensbury Planning Board as SEQRA Lead Agency, considered the proposed rezoning and site plan, reviewed the Environmental Assessment Form and associated documentation, thoroughly analyzed the action for potential environmental concerns, determined that the project would not have a significant effect on the environment and adopted a Resolution adopting a SEQRA Determination of Non-Significance concerning the project and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, Warren County Planning Board approval is not necessary for this rezoning application, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed rezoning on November 4th, 2002, and considered the conditions and circumstances of the area affected by the rezomng, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property bearing Tax Map No.: 289.06-1-6 located at 483 Glen Lake Road in the Town of Queensbury from RR-3A (Rural Residential- Three Acres) to PO (Professional Office), 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 and the Town of Queensbury Planning Board, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance 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 4th day of November, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brower NOES Mr. Brewer ABSENT: None 1.2 PUBLIC HEARING Local Law to Amend Queensbury Town Code Chapter 88 "Fire Prevention and Building Construction" To Delete Sections 88-22 and 23 Notice Shown Supervisor Brower-Dave would you care to step forward and explain this to members of the public that happen to be in attendance? Director of Building and Codes Dave Hatin-A couple of reasons for this change you mayor may not be aware the State has adopted a new international building code which became effective July 3rd. of this year. It has a six month window in which you can design under the old code or the new code. What this change will do is number one it takes the law to reflect the new code that goes into effect officially January 1 st as the only code second of all it deletes the sections that basically are repetitive of the uniform building code that we currently have. When we did this law back in 1988 myself and Bill Bodenweiser met with several municipalities adopted the current law that we saw and Bill wanted to keep those sections in there even though they duplicated some of the State Building Code and there was some special provisions in there. The new fire prevention code under the international will basically duplicate that language. So, therefore we thought me might just as well remove it from the law instead of dplicate the language and make it more confusing. So, that is the reason for the change that you had before you. Community Development Director Round-If! might add, you see the language that is in front of you indicates most of the, for the public's benefit, most of these are language changes that refer to the uniform code, now the building code is referred to as the building code and rather than uniform fire prevention and building code refers to the fire code. There was a question of the fire marshal if you recall two weeks ago whether this was going to effect the enforcement of an open building law there are no conflicts with that, that was an erroneous comment by the fire marshal at that time. I just want to heighten your awareness, Dave mentions modification of the uniform code, this is something that has been in the works for over three years and it has taken a monumental effort on the part of New York State. It was designed to be an international code so that no matter what state you went into the building code was the same in each state. Well, New York has its own way of doing things so the Code is not an itemational code and there are New York provisions to the code, but what is required of our office and Dave's department specifically is extensive amount of training and the code changes that have been reflected and Dave has been very good about bring his staff to training sessions. I have had comments from architects, builders etc that they are troubled by the changes in the code and they will go to another municipality and not know how it affects us and they will refer to Queensbury and to Dave specifically to find out what does this code change mean to how we do business today. Just want to let you know that we are on top of the code changes and this is just one of the more visible signs of that. Councilman Boor-Are there any other unforeseen, obviously the fire marshal you say that was correct and that was not a problem is there any other gray areas that of concern or does it? Community Development Director Round-There is always going to be new interpretations of the code because everything is subject to interpretation. One of the things Dave mentioned there is a window of whether we enforce the code immediately or we will offer a grace period and Dave if you want to talk about how implementation. Director Hatin-What the State did when they implemented it they had a hundred and eighty day implementation period where you can design under either code, the old code or the new code. Most people have chose to stay with the old code for simplicity. Now most people knew it, it is easier to enforce it is easier to interpret. The new code is much better written but it is always going to be subject to interpretation. You are never going to write a code that is not. That does not effect our local law, our local law just gives us the ability to enforce that code for legal reasons more than anything and to enforce it as far as a code violation. But, what this should do is clean up language number one and then number two with the new Code effective January 1st. most builders will only have go to the standard code. As Chris said we get a lot of questions right now because this is a learning experience for all of us. It took me five years to get comfortable with the old code I anticipate at least three to fourwith this code. Councilman Boor-So, with the passing of this January first will be the date that its. Director Hatin-Actually it is in effect right now. Councilman Boor-It is in effect. Director Hatin-The code is in effect but you have a choice. The developer or the builder comes to us and says this is the code we want to design under that's the book we go to. We have had several projects go under the new code, I am trying to think of what project was just designed, oh the Cedar's project down here on Bay Road that is designed under the new code. Supervisor Brower-Thank you, Dave. Councilman Brewer-Wait a minute Dennis, I got one question. Supervisor Brower-Go ahead. Councilman Brewer-This, I know from what I read here the stuff that you are taking out of here Dave, is in our Code do we have any kind of pamphlet or anything to tell some builder that don't go by our code go by this new code now? Community Development Director Round-All this, the local law empowers us to use the State the new version of State Code, just correcting the references. Director Hatin -You have one inference that everybody makes, Queensbury does not have its own code, we use the State Code. We do not have our own Code here, a lot of people say that but we don't. Councilman Brewer-All these things that are crossed out of this are not in our code? Director Hatin-They are in the State Code. Councilman Brewer-They are not in our Code. Director Hatin-They are in the State Code we do not have our own code. They were referenced in the local law and referenced sections in the old code. Community Development Director Round-Basically the Building Code empowers local municipalities to adopt a code, they can either adopt the New York State Code or they can adopt a more stringent code. They are empowered to do so. You cannot go less, so all this stuff it just changes oflanguage that refers to yes we adopt the State Code this is the proper citation for referencing what the State Code is. It is no longer the uniform code it is the New York State Building Code. Councilman Brewer-This refers to Section 8 Chapter 88 of the Town of Queensbury entitled Fire Prevention, Building Construction is hereby amended. Community Development Director Round-Yes. We are amending Chapter Councilman Brewer-That is not in our Code? Community Development Director Round-We are amending our own Chapter 88 which says that we are enforcing the New York State Code. Director Hatin-It is just a mechanism for us to enforce the code, it is not the code itself. Councilman Brewer-Just when I saw titles and chapters and verses of the code. Director Hatin-Ifyou read it, all it does is set up the way we use that code it does not have a specific code requirement. Supervisor Brower-Further questions of Dave while he is at the podium? Thank you Dave. At this time I would like to open the public hearing to anyone who would like to comment on the proposal in front of us. 7:25 P.M. Seeing no interested members of the public I will close the public hearing. 7:26P.M. Ask Board Members if they have any comments or care to advance a motion? RESOLUTION ENACTING LOCAL LAW NO. 5 OF 2002 TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 "FIRE PREVENTION AND BUILDING CONSTRUCTION" TO DELETE SECTIONS ~88-22 AND ~88-23 RESOLUTION NO. 441. 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2001 to amend Queensbury Town Code Chapter 88 entitled "Fire Prevention and Building Construction," in order to properly reference the "Building Code of New York State" rather than the "New York State Uniform Fire Prevention and Building Code" as presently referenced in the Town Code, as well as delete ~88-22 and ~88-23 as these sections are already dealt with in New York State Law and therefore are not currently being enforced by the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on November 4th, 2002 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board of hereby enacts Local Law NO.:5 of 2002 to amend Queensbury Town Code Chapter 88 entitled "Fire Prevention and Building Construction," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 4th day of November, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None Chapter 88 Revisions-l 1-4-02 LOCAL LAW NO.: 5 OF 2002 A LOCAL LAW TO AMEND CHAPTER 88 "FIRE PREVENTION AND BUILDING CONSTRUCTION" OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-1, "Title," as follows: ~ 88-1. Title. This Chapter shall be known as "A Local Law Providing for the Administration and Enforcement of the Building Code of New York State and Related Laws, Codes, Ordinances and Regulations." SECTION 2. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-3, "Adoption of Standards," as follows: ~ 88-3. Adoption of Standards. The Town Board of the Town of Queensbury hereby adopts and ratifies any previous adoption of the Building Code of New York State (henceforth referred to as the "Building Code"), if any, and all subsequent amendments thereto. SECTION 3. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-5, "Fire Marshal," ~88-5(C )(2) as follows: ~ 88-3. Fire Marshal. C. Personnel. (2) Deputy Fire Marshal. The Deputy Fire Marshal(s) may be appointed by the Town Board at an annual salary to be determined by said Town Board. Their appointments shall continue at the pleasure of the Town Board. Each Deputy Fire Marshal shall have the authority to make fire prevention inspections under the Fire Code of New York State. A copy of any inspection report or other report of other official action shall be filed with the Fire Marshal. The Deputy Fire Marshal shall report to the Fire Marshal and, when requested, directly to the Town Board. SECTION 4. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-7, "Powers and duties of Director and Fire Marshal," ~88-7(B) as follows: ~ 88-7. Powers and duties of Director and Fire Marshal. B. Fire Marshal. Except as otherwise provided by law, ordinance, rule or regulation, the Fire Marshal shall administer and enforce all laws, codes, ordinances, rules, regulations and orders applicable to fire prevention and fire/life safety. The Fire Marshal shall administer and enforce the Building Code and Fire Code of New York State. SECTION 5. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-7, "Powers and duties of Director and Fire Marshal," ~88-7(D) as follows: ~ 88-7. Powers and duties of Director and Fire Marshal. D. Joint responsibilities on the Building Code. The Director of Building and Code Enforcement and the Fire Marshal shall jointly administer and enforce those provisions of the Building Code dealing with building construction related to fire prevention and fire/life safety. SECTION 6. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-1O, "Applicability of standards," ~88(A) as follows: ~ 88-10. Applicability of standards. A. The provisions of the Building Code relating to maintenance, housekeeping and behavior regulations so as to protect life and property against the hazards of fire, explosion and the release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices shall apply equally to new and existing buildings and conditions. SECTION 7. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-11, "Variances; removal of hazards," ~88(A) as follows: ~ 88-11 Variances; removal of hazards. A. Whenever the Director of Building and Code Enforcement or Fire Marshal shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the Building Code do not apply or that the intent and meaning of this Chapter have been misconstrued or misinterpreted, the person affected may apply for a variance under the provisions of the Building Code of New York State or take such other and further legal action as allowed or provided by law. SECTION 8. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by deleting ~88-22. SECTION 9. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by deleting ~88-23. SECTION 10. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-24, "Penalties for offenses," ~88-24(A)(2) and (3) as follows: ~ 88-24 Penalties for offenses. A. Violations; procedures for correction; appearance tickets; summons and complaints; fire lane and parking violations. (2) Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining property or premises within the scope of the Building Code or this Chapter shall comply with all the provisions of the Building Code, this Chapter and all orders, notices, rules, regulations or determinations issued in connection therewith. (3) Whenever it is found that there has been a violation of the Building Code, this Chapter or any rule or regulation adopted pursuant to this Chapter, a violation notice and/or appearance ticket or sununons and complaint may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted. SECTION 11. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-24, "Penalties for offenses," ~88-24(B) as follows: ~ 88-24 Penalties for offenses. B. Penalties. Any person who shall fail to comply with a written order of the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber or construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this Chapter or any lawful order, notice, directive, permit or certificate of the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies made there under or any person who shall violate any provision of this Chapter, the Building Code, or any rules or regulations adopted pursuant to this Chapter or who shall violate or fail to comply with any order made there under or who shall build in violation of any detailed statemen of specifications or plans submitted and approved there under or any certificate or permit issued thereunder, in addition to any other penalties provided for in this Chapter, shall be guilty of an offense punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both; and each day such violation continues shall constitute a separate violation. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. SECTION 12. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by amending ~88-27, "Applicability," as follows: ~ 88-27. Applicability. This Chapter shall apply, upon its effective date, to all buildings, structures or appurtenances thereto or portions thereof in the Town of Queensbury. This Chapter, upon its effective date, shall also apply to all departments of the Town of Queensbury, all residents, citizens and businesses, and all permits or certificates of occupancy or compliance issued or to be issued and all actions of the Town of Queensbury, its offices and employees in carrying out and enforcing the Building Code of New York State and related laws, codes, ordinances and regulations, as more fully set forth herein. SECTION 13. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 14. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 15. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law ~27. U JEFFREY & REBA JOHNSON-REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT Discussion by the Town Board indicated that at the last Town Board Meeting this Public Hearing was held open until November 18th. 2.0 CORRESPONDENCE 2.1 Community Development & Building and Codes Supervisor's Report Community Development Director Round-Noted that building permits are up for the year. Director Hatin-Over all we are up 30% above last year. 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 4.0 OPEN FORUM Supervisor Brower-Asked that each and every one of you tomorrow to exercise you Constitutional Right to Vote... Mr. John Salvador-Re: Res. 5.1 Questioned if there was a report done on an analysis Community Development Director Round-The Town Board has a long environmental assessment form that is the tool used by municipal board to evaluate environmental impacts, that includes an addendum to that, that provides additional detail on the project...the map, plan and report provides the basis for identifying the physical impacts of the project .... And archeological assessment was performed and the board has that report.. . Mr. Salvador-The negative declaration concerns me...noted that the Warren County Sewer project was struck down because they issued a neg dec. A bravo to the Board for convincing the library board that they should not go ahead with their expansion program this year. Spoke on the Warren County Sewer Meeting.. . Supervisor Brower-Will be holding a meeting with the Board... Mr. Salvador-Noted workshops are needed on this topic...discussed flow rates and discharge in the basin..discussed the use of meter readings and meter factors....discussed treated wastewater into wetlands...need to change the Lake George Law... Mr. Dave Strainer-1124 Ridge Road Noted Adelphia is no longer going to be internet accessible... What is our recourse? Supervisor Brower-They have a non exclusive franchise in the Town of Queensbury which means other vendors are not precluded from providing service however they would have to run wires. Mr. Pliney Tucker-41 Division Road Res. 514-515 Regarding Capital Projects Questioned ifboth projects have been bid? Supervisor Brower-The capital project proposed for South Queensbury, Queensbury Avenue Sewer is two million sixty seven thousand ninety one dollars...the capital project proposed for the Route 9 Sewer District is five million one hundred seventy thousand dollars... The South Queensbury, Queensbury Avenue sewer district has been bid and under construction we have not moved forward with construction on Route 9. Comptroller Hess-Noted establishing the capital project is really an accounting function...it allows us to set up books for the projects. Councilman Brewer-Questions if Mr. Hess had any input on the financing of the Route 9 project? Comptroller Hess-We have not gotten to that stage yet to deal with that. Mr. Tucker-Re: acceptance of recreation wetland at Cronin Golf Course is that a Federally flag wetland? You gave up forty eight thousand five hundred dollars and accepted it? Councilman Boor-No it was six thousand dollars Supervisor Brower-A negotiated amount of six thousand dollars Councilman Boor-For the four acres. Councilman Brewer-They gave us the four acres plus the forty eight thousand or whatever the number was. Councilman Boor-There were ninety seven units at five hundred a piece... Mr. Tucker-Re: Sales tax monies that the County found questioned how much we have found? Comptroller Hess-Our current projection after the third quarter receipt we will probably get a half million dollars more in sales tax revenue than last year. Mr. Tucker-Suggested that the surplus be used to pay the Crandall Library budget. Supervisor Brower-Asked for further comments, hearing none the Open Forum was closed. 5.0 RESOLUTIONS FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND 1. Will the proposed action result in physical change to the project site: Yes Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 1O%. Construction on land where the depth to the water table is less than 3 feet. Small to moderate impact Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO Specific land forms: IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? YES Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. SMALL TO MODERATE IMPACT Construction in a designated freshwater or tidal wetland. Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? NO Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: 5. Will proposed action affect surface or groundwater quality or quantity? YES Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: There are positive impacts anticipated. Providing wastewater collection and treatment to a moderately intensively developed area will eliminate onsite subsurface disposal of wastewater. 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? NO Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 Ibs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMP ACT ON PLANTS AND ANIMALS 8. Will proposed action affect any threatened or endangered species? NO Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 9. Will proposed action substantially affect non-threatened or non-endangered species? NO Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMP ACT ON AGRICULTURAL LAND RESOURCES 10. Will the proposed action affect agricultural land resources? NO Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMP ACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? NO Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMP ACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? NO Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: NO. Edward V. Curtin, Consulting Archaeologist performed Phase I & II investigations and reported "No significant archaeological or cultural resources would be affected by the proposed construction") IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMP ACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? NO List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? NO Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMP ACT ON ENERGY 16. Will proposed action affect the community's sources offuel or energy supply? NO Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMP ACTS 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMP ACT ON PUBLIC HEALTH 18. Will proposed action affect public health and safety? NO Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMP ACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing community? NO Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: The extension of sewer services along the Route 9 corridor was identified in the Town's 1998 Comprehensive Plan as desirable.) 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO (#8 Community Director Round - I would just note in the environmental assessment form that was prepared for the Town Board that there was potentially Karner Blue Habitat in the project area but not within the project limits. If you recall the Great Escape environmental impact statement was preformed for their expansion plans they did identify some habitat on the Niagara Mohawk right of way that runs parallel to Route 9 that is outside the project limits.) (Community Director Round-You have a draft negative declaration that is attached to Part II identifies the description of the project and several reasons supporting your determination of non significance. I would just like to mention a couple of those reasons supporting your determination. The impacts identified in the long EAF includes construction related impacts as you noted previously during your discussion and just notes that all short term in all disturbed areas will be restored to pre-construction conditions, best management practices will be employed. The sewer district will serve an area that is already moderately to intensively developed with commercial enterprises. One of the things that we evaluated as staff for the Town Board was the potential for inciting or accelerating growth along that commercial corridor. The report that CT Male Associates prepared for the map, plan and report did note it will not increase any of the developmental densities along the site that it is already zoned highwy commercial there is no change in zoning and we thing that the collection and treatment facilities will provide positive benefits. As we noted there will no longer be subsurface wastewater disposal associated with Great Escape, planned public safety building along Route 9 and the multiple commercial developments along that area.) RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING CREATION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 442.2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish a new sewer district to be known as the Route 9 Sewer District, and WHEREAS, the Town Board has been duly designated to act as lead agency for State Environmental Quality Review Act (SEQRA) review of the project for compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is a Type 1 action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a SEQRA Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 4th day of November, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Boor, Mr. Brower, Mr. Turner NOES None ABSENT: None RESOLUTION APPROVING CREATION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO. 443. 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the Route 9 Sewer District, and WHEREAS, a District Formation Report (Map, Plan and Report) has been prepared by C. T. Male Associates, P.C., professional engineers, concerning the proposed sewer district formation and the construction of sewer facilities along both sides of Route 9 from Weeks Road up to State Route 149, such area including The Great Escape Theme Park, its proposed hotel and conference center, as well as the Warren County Municipal Center, the Factory Outlet Stores and all other properties bordering Route 9, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, on May 24th, 2002 the Town sent a copy of Part I of the EAF and the Report to all potentially involved agencies including the New York State Department of Environmental Conservation and New York State Department of Health together with all required documentation and a letter indicating that the Town Board would be undertaking consideration of the project identified in the Order, that coordinated SEQRA review with the Queensbury Town Board as lead agency was desired and that a lead agency must be agreed upon within 30 days, and WHEREAS, by previous Resolution, the Town Board determined that the project would not have a significant effect on the environment and a Negative Declaration was made, and WHEREAS, the estimated annual cost to the "typical property" has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, on September 10th, 2001 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on October 1st, 2001 and the Town Board has considered the evidence given together with other information, and WHEREAS, Edward V. Curtin, Consulting Archaeologist, performed Phase 1 and Phase 2 Archaeological Surveys concerning the proposed Sewer District and has advised that as a result of the Phase 2 Survey, no significant archaeological or cultural resources would be affected by the construction of the proposed Sewer District, and WHEREAS, the Town Board wishes to establish the proposed Sewer District as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Sewer District are thereby benefited; 3. All property and property owners benefited are included within the limits of the Sewer District; 4. It is in the public interest to establish, authorize, and approve the creation of the Route 9 Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited areas of the Sewer District to be as shown on the map of the proposed Sewer District attached as Appendix B to the Map, Plan and Report attached to this Order. The benefited properties proposed to be a part of the Sewer District are as detailed on Exhibit A of this Order, which Exhibit A shall be incorporated in this Order; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Route 9 Sewer District in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any required approval(s) of the New York State Comptroller's Office; 4. Permissive referendum in the manner provided in New York State Town Law Article 7; and 5. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 4th day of November, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None EXHIBIT A TAX MAP NUMBER PROPERTY OWNER TOTAL UNITS BY TAX MAP # TAX BY TAX MAP # PRIOR YEAR TAX VARIANCE 36-2-11 LATHAM, MILTON 2126.30 2126.30 2126.30 34-1-10 OSCAP LTD 3313.34 3313.34 3313.34 34-1-11 FASULO, MARIA 1176.12 1176.12 1176.1235-1-1.1 LOMBARD, DANIEL 1097.62 1097.62 1097.6235-1-1.2 WHITE, BARBARA 1028.00 1028.00 1028.00 35-1-3 BASKET BARN OF LAKE GEORGE, INC. 1187.041187.041187.0435-1-4.1 L&M ASSOCIATES LLC 4236.22 4236.22 4236.22 35-1-4.2 SANDRI REALTY, INC. 637.55 637.55 637.55 35-1-4.3 BHATTI, AFTAB 2344.05 2344.05 2344.05 35-1-5 BECKOS STAFF 5615.07 5615.07 5615.07 35-1-6 BECKOS, CONSTANTINE & GEORGIA 139.25139.25139.2536-1-24 WARREN CO DPW 36229.6836229.6836229.6836-1-25 MOBIL OIL CORP 1161.10 1161.10 1161.1036-1-26 LAKE GEORGE PLAZA 413.66 413.66 413.66 36-1-27.2 LG PLAZA LLC 1875.78 1875.78 1875.7836-1-28 ADIRONDACK FACTORY OUTLET CTR 427.99427.99427.9936-1-29 ADIRONDACK FACTORY OUTLET CTR 2493.542493.542493.5436-1-31 KENNY PROPERTIES, LTD 3424.60 3424.60 3424.60 36-1-33.2 KENNY BROCK PARTNERSHIP 2245.07 2245.07 2245.07 36-1-34.2 WHITE, DAVID 6021.906021.906021.9036-1-34.3 KPT ROMIC LOAN, LLC 2825.28 2825.28 2825.28 36-1-35 LG ASSOCIATES 1616.40 1616.40 1616.4036-2-3.1 GREAT ESCAPE THEME PARK 85345.48 85345.48 85345.4836-2-3.1 GREAT ESCAPE THEME PARK 1815.03 1815.03 1815.03 36-2-3.2 GREAT ESCAPE THEME PARK 57.34 57.34 57.34 36-2-8 MENTER/DITTRICK 5350.22 5350.22 5350.22 36-2- 9 BAERTSCHI, EDWARD 249.83249.83249.8367-2-1.2 MOSKOWITZ, MARK 1721.52 1721.52 1721.5267-2-1.3 PASSARELLI, GUIDO 2490.12 2490.12 2490.1268-1-1 GORMAN, RUBY 298.98 298.98298.9868-1-10 SUTTON, STEVEN & DONNA 877.14 877.14 877.14 68-1-11 ORTON, JOHN 102.39102.39102.3968-1-12 BAXTER ENTERPRISES, INC. 47.10 47.10 47.10 TAX MAP NUMBER PROPERTY OWNER TOTAL UNITS BY TAX MAP # TAX BY TAX MAP # PRIOR YEAR TAX VARIANCE 68-1-13.1 BAXTER ENTERPRISES, INC. 868.27868.27868.2768-1-13.2 SUTTON, STEVEN 807.52807.52807.5268-1-15 SUTTON, STEVEN & DONNA 3139.96 3139.96 3139.9668-1-2 AMOIAlMCDONOUGH 1782.95 1782.95 1782.95 68-1-9 STATE OF NEW YORK 210.92 210.92 210.92 69-1-1 STRONG, RALPH & GERALDINE 102.39 102.39 102.3969-1-17 Y.H.S. REALTY, INC. 659.39 659.39659.3969-1-18 DEGREGORIO, JACK & GAIL 372.70 372.70 372.70 69-1-20 SCHWARTZ, JEFFREY & ANA 576.80 576.80 576.80 69-1-24 FLIU, MONTY 3472.393472.393472.3969-1-25 GOOLEY, ALYSSA & BARBER, LINDA 104.44104.44104.4469-1-26 GOOLEY, ALYSSA & BARBER, LINDA 102.39 102.39 102.3969-1-27 GOOLEY, ALYSSA & BARBER, LINDA 104.44 104.44104.4469-1-28 STRONG, RALPH & GERALDINE 290.79 290.79 290.79 69-1-29 STRONG, RALPH & GERALDINE 102.39 102.39 102.3970-1-10 PILGRIM LAND HOLDING CORP. 290.79 290.79290.7970-1-3 ERMIGER, KENNETH & SEALE, MICHAEL 2371.35 2371.35 2371.35 70-1-4 HARRIS, DANIEL & JOAN 4.10 4.10 4.10 70-1-8 HARRIS, DANIEL & JON SUNSET MOTEL 2250.53 2250.53 2250.53 70-1-9 PASSARELLI, GUIDO MT ROYAL PLAZA 2264.87 2264.87 2264.87 70-2-1 51.2051.2051.2070-2-10 MINARCHI, WILLIAM & ROSE 642.33642.33642.3370-2-11 RATSEP, PETER & HELVE 237.54 237.54 237.54 70-2-2 51.2051.2051.2070-2-3 TLC PROPERTIES, INC. 104.44104.44104.4470-2-4 DEGREGORIO, GAIL 898.98898.98898.9870-2-6 102.39102.39102.3970-2-8 BARCY ENTERPRISES, INC. 901.71 901.71 901.71 71-1-2 ROBERTS GARDENS SOUTH 13242.44 13242.44 13242.4471-1-4 HON, YEUT & LING, SO YING 1436.19 1436.191436.1971-2-1 JAROSZ, JOHN & ANNE 1174.07 1174.07 1174.07 73-1-11.1 CRIST, WILLIAM 1412.30 1412.30 1412.3073-1-11.2 KNIGHTS OF GLENS FALLS 1709.23 1709.23 1709.23 73-1-11.3 JECKEL, RONALD & JANIS 6434.19 6434.19 6434.19 73-1-13 TURNPIKE ENTERTAINMENT INC. 8263.568263.568263.5673-1-3.2 PREMIER PARKS, INC. 4909.26 4909.26 4909.2673-1-4.1 PIRATE'S COVE ADVENTURE GOLF 1488.07 1488.07 1488.07 TAX MAP NUMBER PROPERTY OWNER TOTAL UNITS BY TAX MAP # TAX BY TAX MAP # PRIOR YEAR TAX VARIANCE 73-1-4.2 ERMIGER, KENNETH & SEALE, MICHAEL 2625.28 2625.28 2625.28 73- 1-6 VALENTI, JAMES & MICHAEL 1341.311341.311341.3173-1-7 MAREK, GORDON & PATRICIA 339.93339.93339.9373-1-8.1 GARDNER, EDWARD 21712.82 21712.82 21712.82 73-1-8.2 LINDSAY, KELLY & CARTE, CHRIS 539.25 539.25 539.25 73-1-8.3 FERRARO, ANTHONY & MARY 3345.42 3345.42 3345.42 73-1-9 HOYTS CINEMA CORP. 2289.442289.442289.4474-1-11 GREAT ESCAPE THEME PARK 1310.59 1310.59 1310.5974-1-12.1 GREAT ESCAPE THEME PARK 4989.124989.124989.1274-1-12.2 4064.884064.884064.8874-1-16 DANIELS, DONALD 1. 439.59439.59439.5974-1-17 GREAT ESCAPE THEME PARK 1711.961711.961711.9674-1-19.2 GREAT ESCAPE THEME PARK 3527.68 3527.683527.6874-1-7 WARREN CO. DPW 1357.69 1357.69 1357.6974-1-8 GREAT ESCAPE THEME PARK 4686.054686.054686.0574-1-9 GREAT ESCAPE THEME PARK 1757.70 1757.70 1757.70 298967.88298967.88298967.88 EXHIBIT B PROJECT DESCRIPTION Currently, properties within the proposed district dispose of their waste through the use of subsurface disposal systems. These properties employ such disposal methods as septic systems and injection wells. The impact of these systems to date has been mainly to limit the development of individual parcels. As development continues, water quality may be adversely impacted. This project proposal is for the installation of a new sanitary sewage system which will collect the wastewater flow generated by these properties and transport the flow to the Glens Falls sewage treatment plant. The proposed sanitary sewage system will consist of gravity collection sewers, a set of pump stations, pressurized force main sewers and a gravity sewer to transport the flow to the Quaker Road Sewer District and the Meadowbrook Pump Station. The wastewater is then pumped from the Meadowbrook Pump Station to the City of Glens Falls for treatment. This goal of this proposed sewer district is to eliminate any further contamination of the Glen Lake region that may result from wastewater generated by Route 9 properties. Therefore, the project intends to reduce environmental impacts on the soil, groundwater and surface water in the Glen Lake region. The project will also address design concerns related to low flow conditions as well as consider future expansion of businesses in the district.EXHIBIT C APPENDIX B LEGAL DESCRIPTION ROUTE 9 SEWER DISTRICT TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK All that certain tract, piece or parcel of land situate lying and being in the Town of Queensbury, County of Warren, State of New York, lying along US. Route 9 generally Easterly of the Adirondack Northway and Northerly of Weeks Road and being more particularly bounded and described as follows: BEGINNING at a point at the intersection of the Southerly boundary of the Town of Queensbury, County of Warren, Tax Map Section No. 71, Block No.1, Parcel NO.2 with the Westerly boundary of said tax map parcel and runs thence from said point of beginning along the Westerly boundary of Tax Map Parcel No. 71-1-2, a distance of 920:1: feet to its intersection with the Southerly boundary of Weeks Road; thence in a Westerly direction along the Southerly street boundary 150:1: feet to its intersection with the Westerly boundary of Weeks Road; thence in a Northerly direction along the said Westerly street boundary 110:1: feet to its intersection with the Northerly boundary of Weeks Road; thence in a generally Easterly direction along the Northerly boundary of Weeks Road 1,420:1: feet to its intersection with the Westerly boundary of Tax Map Parcel No.: 70-1-8; thence in a generally Northerly direction along the Westerly boundary of said tax map parcel 880:1: feet to its intersection with the Southerly boundary of Tax Map Pacel No.: 73-1-13; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 1,040:1: feet to its intersection with the Westerly boundary of said Tax Map Parcel No. 73-1-13; thence in a generally Northerly direction along the Westerly boundary of said tax map parcel 690:1: feet to its intersection with the Southerly boundary of Tax Map Parcel No.: 73-1-11.3; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel and the Southerly boundary of Tax Map Parcel No. 73-1-8.1, a distance of 520:1: feet to its intersection with the Easterly boundary of the Adirondack Northway (1-87); thence in a generally Northerly direction along the generally Easterly boundary of the Adirondack Northway (1-87), a distance of 9,290:1: feet to its intersection with the Southerly boundary of Gurney Lane; thence in a generally Easterly direction along the Southerly boundary of Gurney Lane and its Easterly projection crossing US. Route 9, a distance of 520:1: feet to a pointon the Easterly boundary of U S. Route 9; thence in a generally Northerly direction along the Easterly boundary of US. Route 9, a distance of 1,555:1: feet to its intersection with the Easterly projection of the Northerly boundary of the Adirondack Northway 1-87 (Exit 20); thence in a generally Westerly direction along the said Easterly projection crossing US. Route 9 and along the said Northerly boundary of the Adirondack Northway 1-87, a distance of 460:1: feet to its intersection with the Easterly boundary of said Adirondack Northway 1-87; thence in a generally Northerly direction along the Easterly boundary of said highway 2,390:1: feet to its intersection with the Northerly boundary of Tax Map Parcel No. 34-1-10; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel 640:1: feet to its intersection with the Westerly boundary of US. Route 9; thence in a generally Southerly direction along the Westerly boundary of US. Route 9, a distance of 230:1: feet to its intersection wih the Westerly projection of the Southerly boundary of Farm-to-Market Road (NYS Route 149); thence in a generally Easterly direction along said projection, crossing US. Route 9 and along the Southerly boundary of said Farm-to-Market Road (NYS Route 149), a distance of 290:1: feet to its intersection with the Easterly boundary of Tax Map Parcel No. 36-1-35; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel, a distance of 310:1: feet to its intersection with the Northerly boundary of Tax Map Parcel No. 36-1-34.2; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel and the Northerly boundary of Tax Map Parcel No. 36-1-34.3, a distance of 470:1: feet to its intersection with the Easterly boundary of said Tax Map Parcel No. 36-1-34.3; thence in a generally Southerly direction along the Easterly boundary of said Tax Map Parcel No. 36-1-34.3, a distance of 280:1: feet to its intersection with the Southerly boundary of said map parcel; thenc in a generally Westerly direction along the Southerly boundary of said tax map parcel 400:1: feet to its intersection with the Southeasterly boundary of Tax Map Parcel No. 36-1-33.2; thence in a generally Southwesterly direction along the Southeasterly boundary of said tax map parcel 330:1: feet to a point; thence in a generally Easterly direction through Tax Map Parcel No. 36-1-27.1, a distance of 90:1: feet to a point, said point being the Northeasterly corner of Tax Map Parcel No. 36-1-31; thence in a generally Southerly direction along the Easterly boundary of said Tax Map Parcel No. 36-1-31, a distance of 340:1: feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 50:1: feet to its intersection with the Easterly boundary of Tax Map Parcel No. 36-1-29; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 400:1: to its intersection with the Southerly boundary of aid Tax Map Parcel No. 36-1-29; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel and the Southerly boundary of Tax Map Parcel No. 36-1-28, a distance of 210:1: feet to its intersection with the Easterly boundary of Tax Map Parcel No. 36-1-27; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 290:1: feet to its intersection with the Northerly boundary of Tax Map Parcel No. 36-1-26; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel 210:1: feet to its intersection with the Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 130:1: feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 390:1: feet to its intersection with the Southeasterly boundary of Tax Map Parcel No. 36-1-25; thence in a generally outhwesterly direction along the Southeasterly boundary of said tax map parcel, a distance of 230:1: feet to its intersection with the Northerly boundary of Tax Map Parcel No. 36-1-24; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel 480:1: feet to its intersection with the Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 2,230:1: feet to its intersection with the Northerly boundary of Glen Lake Road; thence in a generally Westerly direction along the Northerly boundary of Glen Lake Road 880:1: feet to its intersection with the Northerly projection of the Easterly boundary of Tax Map Parcel No. 36-2-11; thence in a generally Southerly direction crossing Glen Lake Road along said projection and along the Easterly boundary of Tax Map Parcel No. 36-2-11, a distance of 880:1: feet to its intersection with the Westerly boundary of Tax Map Parcel No. 36-2-3.1; thence in a generally Northerly direcion along the Easterly boundary of said tax map parcel 650:1: feet to its intersection with the Southerly boundary of Tax Map Parcel No. 36-2-13; thence in a generally Easterly direction along the Southerly boundary of said tax map parcel 117:1: feet to its intersection with the Easterly boundary of said tax map parcel; thence in a generally Northerly direction along the Easterly boundary of said tax map parcel 150:1: feet to its intersection with the Southerly boundary of Glen Lake Road; thence in a generally Easterly direction along the Southerly boundary of said road 210:1: feet to its intersection with the Westerly boundary of Tax Map Parcel No. 36-2-15; thence in a generally Southerly direction along the Westerly boundary of said tax map parcel 150:1: to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Easterly direction along the Southerly boundary of said tax map parcel and the Southerly boundary of Tax Map Parcel Nos. 36-2-16 and 36-2-17, a distance of 320:1: to its interection with the Easterly boundary of said Tax Map Parcel No. 36-2-17; thence in a generally Northerly direction along the Easterly boundary of said tax map parcel 150:1: feet to its intersection with the Southerly boundary of Glen Lake Road; thence in a generally Easterly and Northeasterly direction along the Southerly and Southeasterly boundary of Glen Lake Road 2,550:1: feet to its intersection with the Southwesterly boundary of Ash Drive; thence in a generally Southeasterly direction along the Southwesterly boundary of Ash Drive 1,550:1: feet to its intersection with the Westerly boundary of the Niagara Mohawk Power Corporation right -of-way; thence in a generally Southerly direction along the Westerly boundary of lands now or formerly of Niagara Mohawk Power Corporation 750:1: feet to its intersection with the Northerly boundary of Tax Map Parcel No. 36-2-4.1; thence in a generally Westerly direction along the Northerly boundary of Tax Map Parcel No. 36-2-4.1, a distance of 900:1: feet to its intersection with the Wsterly boundary of said tax map parcel; thence in a generally Southerly direction along the Westerly boundary of Tax Map Parcel No. 36-2-4.1, a distance of 1,120:1: feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Easterly direction along the Southerly boundary of said tax map parcel 940:1: feet to its intersection with the Easterly boundary of Tax Map Parcel No. 36-2-3.1; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 1,300:1: feet to its intersection with the Northerly boundary of Round Pond Road; thence in a generally Westerly direction along the Northerly boundary of Round Pond Road 1,270:1: feet to its intersection with the northwesterly projection of the Northeasterly boundary of Tax Map Parcel No. 67-2-1.3; thence in a generally Southeasterly direction along said projection crossing Round Pond Road and along the Northeasterly boundary of Tax Map Parcel Nos. 67-2-1.3, 67-2-1.2, 68-1-2 and 68-1-15, a distance of 2,060 feet to its intersection with the Southerly boundary of said Tax Map Parcel No. 68-1-15; thence in a generally Southwesterly direction along the Southeasterly boundary of said tax map parcel and Tax Map Parcel No. 68-1-13.1, a distance of 260:1: feet to its intersection with the Northwesterly projection of the Northeasterly boundary of Tax Map Parcel No. 68-1-10; thence through Tax Map Parcel No. 68-1-11 along said projection and along the Northeasterly boundary of Tax Map Parcels Nos. 68-1-10 and 68-1-9 crossing Montray Road, continuing along the Northeasterly boundary of Tax Map Parcel Nos. 69-1-1,69-1-29,69-1-28,69-1-27,69-1-26,69-1-25,69- 1-24, 69-1-20, 69-1-18 and 69-1-17 crossing Kendrick Road and along the Northeasterly boundary of Tax Map Parcel Nos. 70-2-1, 70-2-2, 70-2-3 and a portion of 70-2-4, a distance of 2, 170:1: feet to its intersection with the Northwesterly boundary of Tax Map Parcel No. 70-2-4; thence in a generally Northeasterly direction along the Northwesterly boundary of said tax map arce1160:1: feet to its intersection with the Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly boundary of said Tax Map Parcel No. 70-2-4, a distance of 180:1: feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 150:1: feet to intersection with the Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel and the Easterly boundary of Tax Map Parcel Nos. 70-2-6, 70-2-8 and 70-2-10, a distance 450:1: feet to its intersection with the Southerly boundary of Tax Map Parcel No. 70-2-10; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 65:1: feet to its intersection with the Easterly boundary of Tax Map Parcel No. 70-2-11; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 120:1: feet to its intersction with the Northerly boundary of Sweet Road; thence in a generally Easterly direction along the Northerly boundary of said road 110:1: feet to its intersection with the Northerly projection of the Easterly boundary of Tax Map Parcel No. 71-2-1; thence in a generally Southerly direction crossing Sweet Road along said projection and along the Easterly boundary of said Tax Map Parcel No. 71-2-1, a distance of 150:1: feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 230:1: feet to its intersection with the Easterly boundary of U S. Route 9; thence from the generally Southwesterly direction crossing US. Route 9, a distance of 190:1: feet to a point, said point being at the intersection of the Northerly boundary of Weeks Road with the Westerly boundary of US. Route 9; thence in a generally Southerly direction along the Westerly boundary of US. Route 9, a distance of 170:1: feet to its intersection wih the Southerly boundary of Tax Map Parcel No. 71-1-4; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 380:1: feet to its intersection with the Westerly boundary of said Tax Map Parcel No. 71-1-4; thence in a generally Northerly direction along the Westerly boundary of said tax map parcel 120:1: feet to its intersection with the Southerly boundary of Weeks Road; thence in a generally Westerly direction along the Southerly boundary of Weeks Road 540:1: feet to its intersection with the Easterly boundary of Tax Map Parcel No. 71-1-2; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel, a distance of 930:1: feet to its intersection with the Southerly boundary of said Tax Map Parcel No. 71-1-2; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel, a distance of 700:1: feet to the point or place of beginning. RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR DESIGN, CONTRACT ADMINISTRATION AND CONSTRUCTION OBSERVATION SERVICES RELATING TO CREATION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 444.2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 426,2001, the Queensbury Town Board authorized engagement of C.T. Male Associates, P. C. (C.T. Male) for design survey services in connection with the creation of the proposed Route 9 Sewer District, and WHEREAS, the Town's Deputy Wastewater Director has advised the Town Board that C.T. Male has completed the services authorized by Resolution No.: 426,2001 and recommends that the Town Board authorize engagement of C. T. Male for design, contract administration and construction observation services in connection with the project for the following amount(s): A. Design: $249,000 B. Soil Borings: $ 17, 000 (estimated) C. Contract Administration: $ 47,000 (Includes Record Drawings) D. Construction Observation (Estimated to be invoiced hourly based on the actual hours worked) $54/hour plus mileage or $58/hour including mileage) Estimated Hours (2,400 hours @ $58/hr = $139,200 TOTAL: $452,200 as delineated in C.T. Male's Proposal dated October 31st, 2002 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for design, contract administration and construction observation services in connection with the creation of the proposed Route 9 Sewer District as follows: A. Design: $249,000 B. Soil Borings: $ 17, 000 (estimated) C. Contract Administration: $ 47,000 (Includes Record Drawings) D. Construction Observation (Estimated to be invoiced hourly based on the actual hours worked) $54/hour plus mileage or $58/hour including mileage) Estimated Hours (2,400 hours @ $58/hr = $139,200 TOTAL: $452,200 as delineated in C.T. Male's Proposal dated October 31st, 2002 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for c.T. Male's services shall be paid for from the appropriate General Fund Account, such amount to be refunded in full to the General Fund by future Sewer District users upon creation of the Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Wastewater Deputy Director, 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 4th day of November, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF PIPE PLUGS FOR LOW-LIFT PUMPS AT TOWN WATER DEPARTMENT RESOLUTION NO.: 445. 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Water Superintendent has advised that the Water Department needs to purchase three (3) pipe plugs with special modifications for the low-lift pumps to enable the Department to isolate each of the low-lift pumps if necessary, such plugs to be custom-fabricated for the Department's specific installation, and WHEREAS, the Water Superintendent further advises that it will be cost effective for UW. Marx to supply the plugs because of Marx' experience with the Town's intake building and therefore has recommended that the Town Board authorize the purchase of the plugs from UW. Marx for a total amount not to exceed $5,536, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Water Department's purchase of three (3) pipe plugs with specification modifications for the Water Department's low-life pumps from U W. Marx for a total amount not to exceed $5,536 to be paid for from the Misc. Equipment Account No.: 40-8320-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Comptroller's Office to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of November, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING LAURA KING AS BILLING SUPERVISOR RESOLUTION NO. 446. 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury's Billing Supervisor recently submitted her resignation, and WHEREAS, the Water Superintendent advertised for candidates for the position, and together with the Deputy Water Superintendent and Director of Information Technology, conducted interviews and now recommends that the Town Board authorize the provisional appointment of Laura King to the position of Billing Supervisor, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Laura King to the position of Billing Supervisor effective November 5th, 2002 or the date thereafter that she commences her position as Billing Supervisor, on a provisional basis until such time as Ms. King meets the Civil Service requirements for the Billing Supervisor position, and BE IT FURTHER, RESOLVED, that Ms. King shall be paid an annual salary of $31,500 and shall be subject to a six (6) month probation period, and BE IT FURTHER, RESOLVED, that the Town Board approves and authorizes that the Billing Supervisor be classified as a Grade 5, Non-Union position, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of November, 2002 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None Discussion held: Supervisor Brower, Thanked Ralph VanDusen, Bob Keenan and Bruce Ostrander in the interview process, noted thirty applicants interviewing over thirteen candidates. RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4308 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 447.2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, by Resolution No.: 354,2002, the Queensbury Town Board approved a rehabilitation grant for Case File No.: 4308 for the amount of nineteen thousand five hundred twenty dollars ($19,520), and WHEREAS, property rehabilitation specifications have been revised to include additional work for an additional amount of $600, and WHEREAS, the revised total cost to complete the work specified will therefore be twenty thousand one hundred twenty dollars ($20,120), still the lowest acceptable cost, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the revised grant award for Case File No.: 4308 for an amount not to exceed twenty thousand one hundred twenty dollars ($20,120) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a revised Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of November, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT None RESOLUTION ADDING INGLEE'S MOUNTAIN ROAD TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 448.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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 "Inglee's Mountain Road" which is located off Tuthill Road, to its list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Inglee's Mountain Road" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying "Inglee's Mountain Road," and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 4th day of November, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec 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 DOUGLAS MABEY/EXIT 18 BUSINESS PARK RESOLUTION NO.: 449.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town is engaged in litigation with Douglas Mabey/Exit 18 Business Park located on Big Boom Road, regarding real property tax assessments on certain parcels of real property (tax map no. 's: 309.17-1-22 and 309.17-1-23.1) for the years 1998 through 2002, and WHEREAS, the combined total assessed value of the properties for each of the years in question is approximately $1,426,900 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 $5,500 and its fee for a final, trial-ready appraisal, if necessary, not to exceed $5,500 (for a total of $11,000), 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 Douglas Mabey/Exit 18 Business Park properties for the years 1998 through 2002 for the Town's use in property tax assessment litigation, with the cost for such preliminary appraisal not to exceed $5,500 and the cost of a final appraisal, if necessary, not to exceed $5,500 (for a total of $11,000), 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 4th day of November, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT None 5.9 Resolution Authorizing Settlement of Pending Article 7 Real Property Assessment Cases Commenced by Howard and Marcia Krantz PULLED RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 450.2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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: PARKS AND RECREATION: FROM: TO: $ AMOUNT: 01-7020-1361 (Aquatic Supervisor) 01-7110-4400 (Misc. Contractual) 3,000. SUPERVISOR: FROM: TO: $ AMOUNT: 01-1989-4720 (Consultant Fees Project Management) 01-1940-4720 (Consultant Fees Purchase Land) 1,200. Duly adopted this 4th day of November, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING EXPENDITURE FOR HOLIDAY TREE LIGHTING CEREMONY RESOLUTION NO.: 451. 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Friends of the Town of Queensbury will hold its annual Holiday Tree Lighting on Friday, December 6th, 2002 at 6:00 p.rn., and WHEREAS, all residents in the Town of Queensbury are invited to this public event, and WHEREAS, the Queensbury Town Board wishes to appropriate funds for expenses associated with the event in an amount not to exceed $1,700, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appropriates a sum not to exceed $1,700 to the Friends of the Town of Queensbury for expenses associated with the annual Holiday Tree Lighting, including but not limited to, advertising, entertainment, refreshments and photographs to be paid for from the Celebrations Account No. 01-7550-4533, and BE IT FURTHER, RESOLVED, that any funds not expended by the Friends of the Town of Queensbury for the annual Holiday Tree Lighting shall be returned to the Town of Queensbury. Duly adopted this 4th day of November, 2002 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None Discussion held: Supervisor Brower-Announced that the Tree lighting ceremony will be on 12/6/2002 at 6:00 P.M.. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH WARREN SNOWMOBILE CLUB FOR MARKING AND GROOMING OF SNOWMOBILE TRAILS RESOLUTION NO. 452. 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wished to enter into an agreement with the South Warren Snowmobile Club for marking and grooming of snowmobile trails, and WHEREAS, the Town of Queensbury had an understanding that the South Warren Snowmobile Club would perform such services for the Town and that the Town would pay them for it, and WHEREAS, the South Warren Snowmobile Club actually performed such services on behalf of the Town in reliance upon such payment, and WHEREAS, the Agreement between the Town and the South Warren Snowmobile Club inadvertently has not yet been formally approved by the Town Board, and WHEREAS, a proposed Agreement for the entire year 2002 has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the South Warren Snowmobile Club with funding to be paid for from the appropriate Town account, and BE IT FURTHER, RESOLVED, that the Town Board ratifies and approves such Agreement and the payment made for such services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement and take any and all action necessary to effectuate this Resolution. Duly adopted this 4th day of November, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner NOES Mr. Stec, Mr. Brewer ABSENT: None Discussion held before vote: Supervisor Brower-This is a ratification of an action that has been taken by the Town regarding the Snowmobile Clubs Contract last year. Councilman Stec-Before we vote I would like to say I am really uncomfortable with the events that lead us to tonight and this resolution. I still feel that the three conditions that were placed on last years contract have never really been satisfied. I just do not think it is a good precedent at best to enter a contract after the fact when a check has been issued without the boards knowledge. I am not comfortable with this action. I am not comfortable passing this resolution tonight. Supervisor Brower-You did not like the map that was done? Councilman Stec-No, the map the scale of the map makes it unclear at best where the parking is which is my main concern. Supervisor Brower-I thought that the map was fairly clear, but ...Councilman Stec-They are located so closely together that the P Symbol on the map covers both of thern. Supervisor Brwer-Except the West Mountain site is the only site that is plowed by the County in the wintertime. Councilman Stec- That was always true. Supervisor Brower-Not until the last few years. Councilman Stec-Further more it does the contract from last year and the contract that we are proposing is almost the same as last year. It says that they will change the map and correctly showing parking exclusively on West Mountain Road and the prohibition of parking on Traver Road and no where on the map does it talk about any prohibition of parking on Traver Road. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY UNIT OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) RESOLUTION NO.: 453.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on or about December 10th, 1998, the Town of Queensbury (Town) entered into an Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) regarding employment of the Town's CSEA members, and WHEREAS, the Agreement will terminate on December 31st, 2002, and WHEREAS, the Town and the CSEA negotiated terms and have come to an agreement concerning a new Union Agreement to be executed between the parties, and WHEREAS, the new Union Agreement will include health insurance cost sharing information and such formula has been presented at this meeting along with the October 17, 2002 Final Settlement agreed to by the Union, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, affirms and ratifies the October 17th, 2002 Final Settlement between the Town of Queensbury and Town of Queensbury Unit of the Civil Service Employees Association, Inc. presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute a new Union Contract, such new Contract to incorporate the October 17th, 2002 Final Settlement terms and health insurance cost sharing information, and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of November, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion held before vote: Supervisor Brower-This is a five year agreement with the CSEA Union, our negotiating team was composed of Henry Hess, Ted Turner and Tim Brewer along with the assistances of Larry Paltrowicz ... RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #135 - SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER PROJECT FUND RESOLUTION NO.: 454. 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish a Capital Project Fund to fund the design and construction of a gravity and force main sewer, plus a pump station, to convey wastewater from the Warren-Washington Counties Industrial Park, along Queensbury Ave. and a Niagara Mohawk Power Corporation right-of-way and finally encompassing a portion of the property on Apollo Drive, to the City of Glens Falls Wastewater Treatment Plant, and WHEREAS, the total Project cost is estimated to be $2,067,091 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 "South Queensbury - Queensbury Avenue Sewer Project Fund #135," which Fund will establish funding for expenses associated with an upgrade of the Town's wastewater system at the properties mentioned previously, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by a Year 2002 Town Budget adjustment, transferring $75,000 from Economic Development Fund #13 Account No.: 013-6989-4400 to Transfer to Capital Project Account No.: 013-9950-9000, $250,000 from various municipal contributions, $374,500 from both State and Federal grants, and $1,367,591 from the proceeds of obligations, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #135 in the amount of $2,067,091, and BE IT FURTHER, RESOLVED, that the 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 Nos. 135-0135-5031 - Interfund Transfer - $75,000, 135-0135-2390 Share of Joint Activity - $250,000, 135-0135-3789 Other Economic Opportunity (State) - $302,500, 135-0135-4789 - Other Economic Opportunity (Federal) - $72,000, 135-0135-5720 - Proceeds from Obligations - $1,367,591, Expense Account Nos., 135-8150-4403 - Engineer/Surveyor - $268,986, 135-8150-4402 - Town Attorney Contractual - $14,583, 135-8150-4004 - Cost of Debt Issuance - $33,314, 135-8150-2899 - Capital Construction - $1,640,000,135-1990-4417 - Contingency - $111,208, and BE IT FURTHER, RESOLVED, that the Town Board 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 4th day of November, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #136 - ROUTE 9 SEWER DISTRICT PROJECT FUND RESOLUTION NO.: 455. 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish a Capital Project Fund to fund the design and construction of a sewer district extending up Route 9, and WHEREAS, the total Project cost is estimated to be $5,170,000 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 "Route 9 Sewer District Project Fund #136," which Fund will establish funding for expenses associated with an extension of the Town's wastewater system on Route 9, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by $5,170,000 from the proceeds of obligations through proposed financing over 30 years using Environmental Facilities Corporation (EFC) Financing, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #136 in the amount of $5,170,000, 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. 136-0135-5720 - Proceeds from Obligations - $5,170,000, Expense Account Nos., 136-8150-4403 - Engineer/Surveyor - $245,307, 136-8150-4004 - Cost of Debt Issuance - $225,184,136-8150-2899 - Capital Construction - $3,753,060,136-1990-4417 - Contingency - $376,126, 136-8150-4400 - Miscellaneous Contractual- $191,923, 136-8150-4426 - Buy In Cost - $300,000, 136- 8150-4132 - Other Legal - $78,400, and BE IT FURTHER, RESOLVED, that the Town Board 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 4th day of November, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 6.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 7.0 TOWN BOARD DISCUSSION Councilman Stec-Reminded everyone to vote tomorrow. Councilman Brewer-Ltr. From Warren Co. Board of Elections Questions what was going to be done? Supervisor Brower-When the machines are brought back in and reopened, Henry, myself and Chuck Rice will go over and evaluate the situation. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 456.2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss a personnel issue and Attorney Client Issue. Duly adopted this 4th day of November, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION RESOLUTION NO. 457.2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Session. Duly adopted this 4th day of November, 2002 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