Loading...
2003-06-16 REGULAR TOWN BOARD MEETING JUNE 16TH, 2003 Mtg #26 Res. #282-305 7:08 P.M. BOH Res. #20-22 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Henry Hess, Comptroller Chris Round, Executive Director of Community Development Ralph VanDusen, Water/Wastewater Superintendent Harry Hansen, Director of Parks and Recreation Helen Otte, Town Assessor Dave Hatin, Director of Building and Codes PRESS: Glens Falls Post Star SUPERVISOR BROWER called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STEC RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 282, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 16th day of June, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE APPLICATION - STEPHEN MORRISSEY NOTICE SHOWN 7:10 P.M. SUPERVISOR BROWER-Okay, is someone here on behalf of Mr. Morrissey? Good evening, would you come forward sir. Please introduce yourself for the record, state your name and address for the record please. MR. STEPHEN MORRISSEY-Stephen A. Morrissey, 15 Northup Drive, Queensbury, New York. SUPERVISOR BROWER-Okay, Mr. Morrissey, maybe you could tell us about your particular situation. MR. MORRISSEY-Well, our leachfield overflowed. We had a plumber there and we didn't know what the problem was and he said that the leachfield is dead. So, the septic tank and leachfield are out in front of the house, they've been in there since the house was built. So, we contacted Dan Drellos and he told us what we would have to do and so we contacted John O'Brien, we had to do that first and go through the procedure, get the application. We contacted Dan Drellos and also filled out the application and John O'Brien came and told us what we'd have to do and fill out the application and he said he would take care of the things that I didn't know, about the different, some of the nomenclature. Anyway, he did a very good job of filling out that form and the thought was that we might have to go in the backyard. We have done extensive landscaping since 1994, trees, we've put in a lot of trees and I say a lot, maybe eight or ten and some of them are twenty feet tall right now. The area that he would have to ork on or in would devastate some of that area, we have a fence in there. I sent a letter and I think it's in the particular setup but it would be very tough to go ahead and do this particular job in the backyard when the front yard is fine. When we found out where the property line was, we would be one foot off with the drainage pits from the property line and eighteen feet from the foundation of the house but nothing would have to be disturbed out there. That was the thing with us, that we could put in a two seepage tanks and have business as usual. I went around the, check the streets that are adjacent to ours, Bullard and Dixon Circle and there are no vacant lots in any of those streets, there are no vacant lots in our streets. So, my thought is there won't be any more houses built on anyone of those three streets. So, it would be, to us, it would be the simple thing to do, to replace the leachfield in place and I guess that's it. Is there anything else I can add? SUPERVISOR BROWER-Are there any questions for the applicant at this time? COUNCILMAN BREWER-Yea, where's the septic system now? MR. MORRIS SEY -The septic tank is ten feet from the foundation of the house. COUNCILMAN BREWER-In the front or the back? MR. MORRISSEY-In the front and then the leachfield goes out from there in the front yard. COUNCILMAN BOOR-When you say front, are you talking about the lake side? COUNCILMAN TURNER-No, no. COUNCILMAN BREWER-The what? COUNCILMAN BOOR-Okay, I just wanted to make sure we're clear on that. MR. MORRISSEY-No lake. The house is, the septic tank, the septic system and the leachfield are between the house and Northup Drive itself, in the front yard. COUNCILMAN BREWER-So, if that system has failed or failing, the ground apparently is saturated, how is this going to prevent that from happening again? MR. MORRISSEY-I don't know where the fingers or the pipes are now and I think it probably was a pipe setup that was there and it goes out into the lawn. Now, what Dan would do and what John has suggested or as far as the, what the system is, what Queensbury and New York State require, would be two seepage pits, twenty-four feet apart, they're eight feet in diameter and they would be eight feet as far as the height. That would be ample for the system. Now, Dan said, when he digs down into the septic systems, he finds that two feet either side of the drainage, it's dark for two feet where the system works, he said from there on in, it's all regular normal sand again in our area. COUNCILMAN BREWER-Right. MR. MORRISSEY-So, it looks like it has a good drainage. COUNCILMAN STEC-So, the system that you're going to be replacing is in the front yard and you're looking at just more or less put it, put the new system in the same approximate location? MR. MORRISSEY-He would remove the existing leachfield and then, actually, it would extend further or farther then it is right now. Out of the septic tank itself, if this is a septic tank, you have the fingers, the pipes going out like this. He would remove all that, put in one seepage pit here, eight feet in diameter, eight feet deep with the stone, crush stone and then twenty-four feet down, along in front of the house yet but twenty-four feet away from that seepage pit would be another one of the same type. COUNCILMAN BREWER-Seepage pits, they're not a typical system, are they Dave? MR. DAVE HATIN, Director of Building & Codes-Yea, they are. COUNCILMAN BREWER-I thought we all used the tanks and then the leachfields. MR. MORRISSEY-Well, it's a tank, it is a concrete tank, two concrete tanks. MR. HATIN, Director of Building & Codes-They're acceptable. MR. CHRIS ROUND, Executive Director-Yea, I think typically, when you're seeing variances, you're seeing them on the lakefront and the separation distance to surface water and Dave will back me up, is greater for seepage pits then it is regular fields. COUNCILMAN BREWER-Okay. MR. ROUND, Executive Director-So, you don't see a lot of them on the lake and that's why you don't see a lot of those. SUPERVISOR BROWER-Anymore questions for the applicant at this point? Hearing none, I thank you and I'll ask you to take a seat again, we may need to see you again and I'll ask Dave Hatin if he'd like to comment at this time? Dave, have you had a chance to look at the proposed site? MR. HA TIN, Director of Building & Codes-Yea, I went over this with John O'Brien when he worked with Mr. Morrissey. The issue here really is that the Morrisseys don't want to go through the extra expense of putting it in their rear yard, it would involve an extra expense on top of what it would for the system. Obviously, they would have to move their plumbing, probably relocate the plumbing inside the home and then, as Mr. Morrissey said, tear up some trees and whatever in the backyard. So, the system is in the front yard right now, they're basically replacing it in the same location. Given the constraints of the front yard, they don't have enough room for a leachfield, a standard leachfield, so that's why he went to seepage pits to make it fit and with the property line setback, it's still tight and the foundation setback. SUPERVISOR BROWER-Thank you. At this time, I'd like to open the public hearing and enable anyone that would like to comment on the application before us this evening to speak on the subject? Would anyone care to address the board on this application? Seeing none, I'll close the public hearing. DEPUTY TOWN CLERK BARBER-We did receive an email. SUPERVISOR BROWER-Oh, thank you, excuse me, I'm not closing the public hearing, we'll keep it open for a letter on the record. Go ahead, Caroline. DEPUTY TOWN CLERK BARBER read the following email into the record: To: Caroline Mann Barber In regard to Stephen Morrissey hearing on June 16th, too far away from my house for me to be concerned. Don Bodak Bullard Avenue, Queensbury SUPERVISOR BROWER-That's the only communication? DEPUTY TOWN CLERK BARBER-That's it. SUPERVISOR BROWER-Okay, at this point, I'll close the public hearing and ask board members if they have further questions? PUBLIC HEARING CLOSED COUNCILMAN STEC-No, this is not too far from my development and you're on town water there, right, Mr. Morrissey? Are you on town water? MR. MORRISSEY-Yes. COUNCILMAN STEC-You're not on a well, so there's no bodies of water involved, there's no wells involved, it's ten percent relief from the ten foot setback, I don't think it's significant and I'm in favor of it. SUPERVISOR BROWER-Is that a motion? COUNCILMAN STEC-Yea, I'll make that motion. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF STEPHEN MORRISSEY BOARD OF HEALTH RESOLUTION NO.: 20, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Stephen Morrissey has filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow installation of two (2), 8' x 8' seepage pits eighteen feet (18') from the foundation in lieu of the required twenty feet (20') setback and one foot (1 ') from the front property line in lieu of the required ten feet (10') setback on property located at 15 Northup Drive, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on June 16th, 2003, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that, the Town of Queensbury Local Board of Health hereby approves Stephen Morrissey's application for variances from the Sewage Disposal Ordinance to allow installation of two (2), 8' x 8' seepage pits eighteen feet (18') from the foundation in lieu of the required twenty feet (20') setback and one foot (I ') from the front property line in lieu of the required ten feet (10') setback on property located at 15 Northup Drive, Queensbury and bearing Tax Map No.: 302.14-2-40. Duly adopted this 16th day of June, 2003 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF LAWRENCE & KRISTINE SIPOWICZ BOARD OF HEALTH RESOLUTION NO.: 21, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Lawrence and Kristine Sipowicz have applied to the Local Board of Health for variances from provisions of Chapter 136 to install: 1. An Effluent Line to D-Box two feet (2') from the property line in lieu of the required ten feet (10') setback; 2. A Distribution Box two feet (2') from the property line in lieu of the required ten feet (10') setback; 3. A Fill System three feet (3') from the east property line in lieu of the required ten feet (10') setback; 4. A Fill System three feet (3') from the south property line in lieu of the required ten feet (10') setback; on property located on Glen Hall Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on July 7th, 2003 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Larence and Kristine Sipowicz's sewage disposal variance application concerning property located on Glen Hall Road, Queensbury (Tax Map No.: 289.11-1-28) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. and Mrs. Sipowicz's property as required by law. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 22, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 16th day of June, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION PUBLIC HEARING - WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. 'S PROPOSAL TO PURCHASE ONE (1) F550 FORD BRUSH TRUCK NOTICE SHOWN 7:20 P.M. SUPERVISOR BROWER-Okay, we have a proposal by West Glens Falls Volunteer Fire Company to replace a Brush Truck. The Brush Truck they currently have is a 1985 Brush Truck with approximately nine thousand miles on it. It was scheduled to be replaced next year, the company's requested it be replaced this year. The cost of the truck is including everything is not to exceed seventy-six thousand dollars. The company asked that they utilize the forty thousand dollars that's in there, this year's contract for their truck fund and they would also like the board to contribute an additional thirty-six thousand dollars to, so that they can purchase this seventy-six thousand dollar unit. Furthermore, they wish to retain the 1985 Brush Truck and utilize it as a, as modified as a First Response Vehicle for the company which affectively increases the fleet, their fleet. However, they did indicate, it's my understanding in our workshop, they did indicate they would not utilize town funds for the modification of the exising 1985 Brush Truck, they would utilize funds that have been received through donations or other means. This is a public hearing and this is an opportunity, I'd like to open the public hearing and enable anybody who would like to comment on this particular public hearing to step forward, simply state your name and address for the record please. MR. JOHN CARPENTER-John Carpenter, Chief of West Glens Falls Volunteer Fire Company, also a taxpayer in the town. Good evening. Just to clarify one thing what you had spoke about Dennis, I have our replacement schedule in front of me and I believe you guys have that and it's 2004 for Brush Ill. I have that in front of me, if you'd like to see it. And also, when that truck was purchased back in 1985, that was purchased with West Glens Falls funds from bingo contributions and that was a total of sixty-seven thousand dollars back in 1985. So, I don't think West Glens Falls is too far out of the ballpark by spending seventy-six thousand in 2003 for a brand new unit. If anybody else has any other questions for me or any of the other members that I have here with me. COUNCILMAN STEC-John, there's one other piece of information that came up at a workshop, I can't remember if you were there or not, where we were talking about the size of your fleet and whether or not it's grown and I believe somebody said that there was a net loss of rescue vehicles so this would basically bring you back to where you were before. Am I saying that right or can you elaborate on that? MR. CARPENTER-Yes, that's correct. We had a 1989, it was an old ambulance that we refurbished into a First Response Vehicle and Rope Rescue Vehicle, that got to the point where because it was used, not by us so much but by the prior company that it was purchased from, that we were sinking money into it left and right and I just got to the point where I said no more, I'm not going to sink that kind of money into that vehicle. COUNCILMAN STEC-And then having this, you're current 85 refurbished to rescue truck. MR. CARPENTER-Yes, yes. COUNCILMAN STEC-What are the advantages of that? How does that benefit you? MR. CARPENTER-Well, we first respond with West Glens Falls Squad six in the morning until six in the evening and it's going to seven days a week here very soon. It's either I run a small truck over the road for EMS assist or I run a four hundred thousand dollar piece of apparatus over the road and I'd rather run a smaller truck over the road then a full size Pumper. COUNCILMAN STEC-A smaller nineteen year old truck over the road. MR. CARPENTER-Exactly. SUPERVISOR BROWER-And what type of instances would you respond to typically? MR. CARPENTER-With the existing one that we're going to refurbish? SUPERVISOR BROWER-With the Brush Truck or the four hundred thousand dollar truck? I mean, what are we, what instances are you referring to, accidents or COUNCILMAN BOOR-First Response. SUPERVISOR BROWER-Fires or EMS needs, heart attacks? MR. CARPENTER -Yes. We first respond with the squad to help them out during the day because they're short on man power so we help them out by doing that. We don't get any extra money for it, we do it because they asked us to do it and a few other companies in the town also do that. SUPERVISOR BROWER-You wouldn't normally take a full size fire truck to a person's house though, would you? MR. CARPENTER-If I don't have that type, you know what I'm saying, if I don't have a First Response Vehicle, I have to take a Pumper out. We're obligated as soon as the tones go out, to respond if we have EMTs on board and I do have EMTs in our fire company. COUNCILMAN BREWER-Very much similar to the Glens Falls Fire Department with their fire trucks go to EMS calls, same thing. MR. CARPENTER-Go to EMS calls, exactly, yes. COUNCILMAN STEC-How does that work out with West Glens Falls Rescue as far as, do you, often times during the day, do you beat them there? MR. CARPENTER-Sometimes, yes. COUNCILMAN STEC-Sometimes you do. MR. CARPENTER-Yes, and we initiate the patient care that is needed. COUNCILMAN BOOR-This is a little extraneous that really doesn't, I'm in favor of the purchase of this but I need some information for another issue that's going to be coming up and it has to do with Brush Trucks and you're going to be getting a Brush Truck that will carry five hundred gallons and has the ability to pump at one and three quarters and two inch, is that correct? MR. CARPENTER-Yes. COUNCILMAN BOOR-Now, the pump that's currently on your Brush Truck would not be able to do that? It's not just a question of orifice size, it's the actual pumps ability, correct? MR. CARPENTER-Pump size, yes. COUNCILMAN BOOR-And what is the difference in cost between a brand new pump that's on the Brush Truck you have now and the one that you are going to be getting? I mean, is it appreciable, the difference? In other words, MR. CARPENTER-Yea, because of the pump size, the motors size that's on the pump, that drives the pump and other piping issues that go along with that, yes. COUNCILMAN BOOR-I guess what I'm, one of the things that I'm getting at is, is it appropriate for a town like ours, granted you, the area you service does have the mountain and I understand why you are asking for this but I'm wondering if in the future, we want to look at having Brush Trucks that are capable of fighting house fires, not just brush fires and is it appropriate for us to be going with trucks that can only handle a one inch line? MR. CARPENTER-In some aspects, yes but each company has a different need in their own specific area. I mean, I can't talk for any other fire company COUNCILMAN BOOR-And I'm not asking you to. MR. CARPENTER-But, you've got to watch the weight that you put on the trucks also to go into the woods. COUNCILMAN BOOR-That's exactly what I'm getting at. MR. CARPENTER-If you stay basically with what we are proposing, we're alright. If you go with something bigger, with a bigger pump, bigger pump size then what we're looking at, then you're getting into a different, a totally different animal when you go that with something bigger then what, you know pump size then what we have or are proposing. SUPERVISOR BROWER-Is it four hundred and fifty gallons or five hundred gallons that you'll be able to use? MR. CARPENTER-Actually, it's going to be four hundred gallons actually. SUPERVISOR BROWER-Four hundred? MR. CARPENTER-Yes, it's a four hundred gallon tank. COUNCILMAN BOOR-Eight point three pounds per gallon. SUPERVISOR BROWER-Is it eight point three, I thought it was eight, okay. COUNCILMAN BOOR-Two tons. SUPERVISOR BROWER-That's quite a bit of weight. COUNCILMAN BOOR-Plus the pump and the other stuff. SUPERVISOR BROWER-Now, when you go to a brush fire, does a Pumper go with you, do they go behind you? MR. CARPENTER -Yea, we actually send our Tanker with that for water reasons. We had, I mean, two nights after I was up here, we were down behind Timmy's house on the pole lines and I had our Brush Truck, Queensbury Central's Brush Truck, Bay Ridge's Brush Truck in there and our Tanker in the woods up on the pole lines, our Tanker and I had an Engine standing by out at a hydrant to fill, yes and we did use quite a bit of water that night. SUPERVISOR BROWER-Okay, thank you. MR. CARPENTER-Thank you. SUPERVISOR BROWER-Would anyone else care to comment during the public hearing on the proposed purchase of a Brush Truck for West Glens Falls Volunteer Fire Company? MR. JOE DUPREY -Good evening, Joe Duprey, Sweet Road, also acting as the Chief of Queensbury Central. We have an occasion to call West Glens Falls quite often, mutual aid for their Brush Truck as you guys recognize it as. Definitely a need, no question about it. As Johnjust stated, he had the occasion, shortly after your meeting here to call mutual aid. Not uncommon with the distances we're traveling in the woods, especially in west district, Central as well as Bay Ridge, the distances that you have to travel in the woods. Not uncommon, if we remember back to, this year was actually quite peaceful but years prior, it's been really tough. You do have the occasion to use more then one Brush Truck quite often. If nothing else, just for the distance in which your shoveling the water back and forth. You've got to have pieces that are reliable, number one, maneuverable that are number two and the equipment has got to be up and running. So, with all that said, as Queensbury Central Chief, fully support WestGlens Falls and the purchase of the new Brush Truck. And Roger, I'd like to talk with you afterwards on something you touched on, afterwards. SUPERVISOR BROWER-Would anyone else care to comment on this evening's public hearing? MR. CHIP MELLON-Good evening, Chip Mellon, II Martindale Road, Queensbury is my address, I'm also the Fire Chieffor Bay Ridge Fire Company. I'd like to offer support for West Glens Falls purchase of the apparatus that was mentioned earlier. Chief Duprey covered a lot of the issues that I was going to say so I'm not going to repeat thern. The one thing that I would like to say, we do work frequently with the other companies and it is important to have vehicles that can get into the areas that we need to. Between French Mountain, that Bay Ridge covers, West Mountain, some of the other mountainous terrains, it's very important to have a smaller vehicle. In fact, our Brush Truck is very similar in size and it's the same chassis that West Glens Falls is going to be purchasing. We've had very good luck with that, the Ford F550 Chassis is very reliable, it has quite a bit of power. We haven't got it stuck, we've taken it in some awful tough places. In fact, at the last plane accident, the plane crash that ocurred at the Warren County Airport, that vehicle was used to pull two other emergency vehicles out of the mud that was over there. So, if there's any question about power wise, we're very satisfied with that. Also, as far as the physical size of the chassis, it's much narrower then some other chassis's that have been mentioned very recently, as possible purchases. So, that's another thing that they have taken into consideration by the purchase of this chassis. So, in closing, we'd just like to offer our support. SUPERVISOR BROWER-Thank you. Would anyone else care to comment during this public hearing? Okay. John, I have a question for you if you can come forward for a second. I want to know why you came forward this year instead of waiting until next year for replacing the Brush Truck that you currently have. MR. CARPENTER-Like I said, prior to this, our replacement schedule is 2004 and I have that. SUPERVISOR BROWER-Right, but this is 2003. I understand it's 2004 and I guess that's why I was curious cause we settled our contracts, if we agree to the purchase of this vehicle, we're in affect, opening and changing the contract that we negotiated just a few months ago and this never came up during our normal negotiations and I just didn't understand why all of a sudden it was crucial that we buy this Brush Truck when we have a 85 Brush Truck that has nine thousand miles on it, that is working fine and it just, you just testified, brought over to Mr. Brewer's area of town and helped put out a fire with other trucks from mutual aid. So, I guess, I don't understand why you couldn't wait a year to replace this Brush Truck in it's normal replacement cycle that we, like we ask other companies to wait for their normal replacement cycle to replace their vehicles. And I don't know what the urgency is, I thought maybe you could explain it to me. MR. CARPENTER-Well, for one reason, prices do go up every year. For the second reason is, in our restricted fund, we would have had the total amount to pay for this truck and not had to come to you people, if that money was put in our budget in 2002 like we were promised. So, we wouldn't be, I wouldn't be up here trying to explain to myself to you, Mr. Brower. SUPERVISOR BROWER-Well, you would because unless your on schedule you wouldn't be allowed to purchase the truck without the board's approval, anyway. So, you still would have been here, it's just that, you wouldn't have had to ask for an additional thirty-six thousand dollars. True, I agree with you there. MR. CARPENTER-Well, and here's another instance, the truck is overloaded the way it sits right now, majorly overloaded. The two Board Councilmen that asked to come over to the fire house, they came over, they looked at it and they both said to me, it's overloaded and you guys do need a truck and pump capacity wise, I showed them everything. SUPERVISBOR BROWER-By overloaded, you had two hundred fifty gallons of water on it? MR. CARPENTER-As in, yea but that's not all we carry is water, we carry hand tools, we carry hose, we carry bladder backs that we carry on our back and, amongst a bunch of other stuff. I wish, truthfully wish that you would have attended but you don't ever, you don't ever ask to come over and then maybe you could have understood the way they understood finally. SUPERVISOR BROWER-Well, you've been using this truck though since 1985, correct? MR. CARPENTER-Exactly. SUPERVISOR BROWER-And, if there was a dangerous situation, I would have assumed, we would have known about well before now. MR. CARPENTER-Exactly, yes. SUPERVISOR BROWER-So are you saying, it's a dangerous situation that you have with that Brush Truck? MR. CARPENTER-It's not correct by being overloaded the way it is. SUPERVISOR BROWER-But you've used it that way since 1985, is that correct? MR. CARPENTER-No. SUPERVISOR BROWER-Or did you change the load on it? MR. CARPENTER-Fires and fire fighting equipment have changed in the years reaching 2003. SUPERVISOR BROWER-Okay. MR. CARPENTER-You carry more equipment on the trucks, you carry portable pumps on the trucks, you carry more hose on the trucks as Chief Duprey said. We have to go back in the woods. When we go back in the woods, we're in the woods, the truck might sit just inside the woods as far as we can get it and we have to bring hose in to where we have to go. I mean, just for instance, the fire behind Tim's house, I had right three thousand feet of one inch forestry hose on the ground, three thousand feet. SUPERVISOR BROWER-That's a lot. MR. CARPENTER-Yea and I mean, SUPERVISOR BROWER-You had that on your truck? MR. CARPENTER-Yea and that's why we need the heavier chassis to handle the weight and the bigger pump size so we can get more pressure to that nozzle. We've got three thousand feet on the ground, when you got a two hundred and fifty gallon per minute pump that only puts out eighty PSI, when you get to that , end of that fifteen hundred on one side, fifteen hundred foot of, you don't have no pressure at all and that's what we're trying to accomplish. COUNCILMAN TURNER-It wouldn't be any point in rebuilding the pump, Dennis because it's too old to start with. MR. CARPENTER-Yea. COUNCILMAN BOOR-And the truck is weighted down. COUNCILMAN TURNER-It's weighted right down. MR. CARPENTER-I mean, you guys don't realize what we go through in the woods and in fighting house fires. I mean, we're putting our life on the line and if the wind shifts one direction the wrong way, it's going to take guys down and if we don't have the pressure and the volume to put the water on the fire, you're going to be, somebody will be paying more then seventy-six thousand dollars out in insurance money of firefighters that went down in a fire. SUPERVISOR BROWER-This is a four wheel drive vehicle? MR. CARPENTER-Yes it is. SUPERVISOR BROWER-Is it full time four wheel or can you turn the hubs off? MR. CARPENTER -We can turn the hubs off, yes. During brush season, the hubs stay in and we just pull back on the four wheel drive lever when we go. SUPERVISOR BROWER-Is that one of the reasons why you'd eventually like to use this for rescue vehicle, because of it's four wheel drive capability? MR. CARPENTER-No the, that will, this new truck won't have anything to do with that rescue vehicle. The existing one that we have that we're going to refurbish into a rescue vehicle will be used for a rescue vehicle. This is purposefully going to be used for fires. SUPERVISOR BROWER-Okay and you will be taking the pumps off, I assume or will you leave the pumps on the, your existing one? MR. CARPENTER-On the existing one, no, they're coming off. SUPERVISOR BROWER-They're coming off? MR. CARPENTER-Yes. SUPERVISOR BROWER-So, you won't be able to fight fires with that but you will be able to respond? MR. CARPENTER -Yes, and that also will aid in carrying more man power to a brush fire, that truck, we can use that and we'll also have EMS equipment on site for brush fires, also. SUPERVISOR BROWER-Thank you. Thank you for the answers. Would anyone else care to comment on the public hearing at this time? Board member's comments? COUNCILMAN BOOR-Well, I think it's all been said. Ted and I did go out and look at it and it's COUNCILMAN TURNER-Yea, we did go out, it's like an old sway back mule. COUNCILMAN BOOR-Yea, it needs COUNCILMAN TURNER-It's overloaded and it's, they need a new truck, there's no doubt about it, even with the total air that's in the tires, the tires are still kind of flat on the bottom. So, that just shows you right there and then they haul a trailer that hauls their four wheel vehicles also with that truck so, they need a different truck, Dennis. SUPERVISOR BROWER-Well, I maybe the only board member that feels we should be fiscally prudent. My feeling is that we have a lot of fire fighting capability in the town, I think the replacement scheduled for next year, I personally would like to see the replacement done next year not this year. The volunteer firemen do a fine and exemplary job for the town, they're great volunteers but I don't understand the urgency why it has to be done this year versus next year. And because I don't think we should be replacing this vehicle at this time, I can't support this purchase this year. However, other board members may feel quite differently and I appreciate the fact that you have your feelings. COUNCILMAN BREWER-I'll introduce the motion. COUNCILMAN TURNER-I have a question of John first. How long before you get the new truck, if we authorize the purchase of the truck, how long before you get the truck? MR. CARPENTER-Probably within a month I'll have it. COUNCILMAN TURNER-But that's not, is that completed, is that outfitted. MR. CARPENTER-Not totally, I'll have the truck in my possession to install the lighting and radios and all that other stuff but probably within a month and a half or so. COUNCILMAN TURNER-That's all I had. SUPERVISOR BROWER-Okay. The only other thing I'd like to mention is, I lived on the mountain for many years, I don't live there currently. We are blessed with a great deal of rainfall in our region and that's why we don't have the types offorest fires that are typical in the West and in the Midwest where they have very low amounts of rainfall and the trees literally explode into, to start forest fires. Typically, our forest fires, if we have them are started by humans and a cigarette out the window or someone camping and not paying attention to what they're doing. We have very few structure fires in the Town of Queensbury and yet our companies are very well equipped to fight the fires and we have tremendous mutual aid available and with that said, I'd like to call the vote. COUNCILMAN BREWER-You've got to close the public hearing first. SUPERVISOR BROWER-I will close the public hearing and ask if there's a second. PUBLIC HEARING CLOSED RESOLUTION APPROVING WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO PURCHASE BRUSH TRUCK AND AMEND FIRE PROTECTION SERVICES AGREEMENT AND BUDGET RESOLUTION NO.: 283, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company advised the Town Board that it wishes to purchase one (I) new 2003 F-550 Ford Brush Truck for a sum not to exceed $76,000, and WHEREAS, the Fire Company's current Agreement with the Town only provides $40,000 in it for this type of purchase, and WHEREAS, the Fire Company plans on paying for the Brush Truck by using funds from its Year 2003 Restricted Vehicle Fund, and WHEREAS, on June 16th, 2003, the Town Board held a public hearing concerning the Fire Company's proposed purchase and amendment to its 2003 budget and Agreement and heard all interested persons, and WHEREAS, the Town Board feels that this new vehicle will provide additional safety protection for the Town, N OW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Fire Company, Inc.'s proposal to purchase one (1) new 2003 F-550 Ford Brush Truck for a sum not to exceed $76,000 and authorizes the expansion of the Fire Company's fleet assuming the retired Brush Truck will not be disposed of, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and amends the Fire Company's 2003 Agreement for fire protection services and budget with the Town to provide for the increase in the Town's contribution to the Fire Company's Restricted Vehicle Fund from $40,000 to $76,000 and the Town Board authorizes the Fire Company to use the $76,000 in the Fire Company's 2003 Restricted Vehicle Fund toward the Brush Truck purchase, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes an increase in appropriations (005-3410- 4415) Fire Contracts in the amount of $36,000 to be financed through additional appropriated fund balance (005-0005-0599), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Fire Company to provide for the purchase in form to be approved by Town Counsel, and BE IT FURTHER, 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 2003 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take any action necessary to effectuate all terms of this Resolution. Duly adopted this 16th day of June, 2003 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Boor, Mr. Turner NOES Mr. Brower ABSENT: None CORRESPONDENCE 7:45 P.M. DEPUTY TOWN CLERK BARBER noted that the Town Clerk has received and filed the 2002 Auditor's Financial Report. MR. HENRY HESS, Comptroller-Just like to comment that, I think the last meeting, I gave everybody notice that it was on the way and it has been received. Board members have received a copy of the audit report, it has been distributed to all the required recipients, the Controller's Office and any number of financing institutions that are required because of loan agreements or deposit agreements we have with them and it is also posted on the Town Controller's web page on the town's website and I believe the Town Clerk will be publishing the official notice in the newspaper notifying the public that's it's available for their review in the Clerk's Office. DEPUTY TOWN CLERK BARBER noted that the May 2003 Monthly Reports for Town Clerk and Department of Building and Codes has been received and filed. OPEN FORUM 7:45 P.M. MR. PLINEY TUCKER, 41 Division Road, Queensbury-Referred to Resolution 6.1, Resolution Approving Open Space Institute's Management Plan for Recreation Facility Presently Referred to as the "Riverside Park and Nature Preserve" and questioned Town Counsel what kind of deed is with that piece of property? TOWN COUNSEL HAFNER-At this time, I thought that we did not have the deed, the deed is coming at a later stage. My understanding is with this entity, the Open Space Institute's related company, this Beaverkill Conservancy, that they have to hold the property for a certain number of years before they can then give it. I don't know why they have that policy but that's what I understand from Harry. We understand that they do intend to and I haven't heard anything different and this is just a step along the process, it's similar to what they did with the Hudson Point one. This is sort of stage one, the Rec Commission and Beaverkill worked out between them, the management plan and then when that time period expired, they said, we're ready to dedicate it and they came up with, I believe, I think it was a bargain and sale deed at that time, plus an agreement by the town to use it consistent with terms that are in that management agreement. We'll review title before we recommend the town accept it MR. TUCKER-My other question is, this piece of property is located at the end Division Road and I took a look at the town acquiring this piece of land along with John Salvador and one of the things we couldn't understand, is that property has changed hands two or three hands in the last forty years and each time it was a warrantee deed. This time these people don't want to come forward with a warrantee deed. TOWN COUNSEL HAFNER-I can't speak, I do not know that. I don't know what their proposal is because they haven't put it in writing yet. All I can say is that it's my understanding of their intentions, there's no obligation that they do dedicate the property. I have no knowledge that they won't do it, that's what they did before, we have a track record with them, with the Hudson Point one. So, I don't know at this time but we will review title to make sure title is fine and we will make sure that the deed is an appropriate deed before will recommend that the Town Board consider accepting it. MR. TUCKER-My other question is, that this piece of property has a, I'm not going to use the word landfill, dump, it was created by members of the congregation of the church down there and there was some excavating done while nature??? was looking at it but we couldn't find out what their decision was on the landfill. Not landfill, dump and I know from living right there, that there is old refrigerators, hot water tanks and everything else buried there and barrels, I don't know what's in the barrels or was. TOWN COUNSEL HAFNER-I did not know about that, I would recommend, I mean after talking with the Town Board and the Rec Commission and Harry, I think that it wouldn't hurt to ask them if they did an environmental study and ask for a copy of that. That's something that would be prudent now that you've alerted us to that. MR. TUCKER-That's a beautiful piece of property and if we can get our hands on it free and clear, it would be a great move but to take it just for the sake of taking something, it ain't worth the effort. MR. JOHN WELLS, Pinewood Road, President of West Glens Falls Fire-Chief Carpenter had to leave, he asked me just for clarification to address the board on the prior resolution you just passed concerning the payment schedule for the funds? As he indicated he's looking to purchase this vehicle within the month. The way the current contract reads, the restricted truck fund allotment doesn't come until August. MR. HESS, Comptroller-I can respond to that. That's an administrative matter that we can resolve in the office. If there's a commitment by the board to allow a purchase, we advance the funds so no purchase is held up. MR. WELLS-He just wanted me to clarify that because in the past, funds have been held up. MR. HESS, Comptroller-The board passed a resolution but the administrative action really takes place in the office. TOWN COUNSEL HAFNER-And the resolution says it authorizes a change to the contract which we'll work with Henry's Office to make sure that the amendment complies. MR. WELLS-We're just dotting our I's and crossing our T's because it's not spelled out in the resolution and he wanted me to check and see, if he commits to this truck, that there's a payment that will be coming so that he can pay for the truck himself. SUPERVISOR BROWER-We won't hold up the payment. MR. HESS, Comptroller-The contract does provide that if a payment is approved out of this year's money, that the payment is made when the expenditure is approved. That is provided for in the contract and it will be complied with. MR. JOHN SALVADOR, Lake George-Referred to Mr. Tucker's discussion and the dump site and noted that the Town Planning Board approved a subdivision that enabled the church to sell the land to the Beaverkill Conservancy. That subdivision approval was subject to SEQRA review and the sort of thing we're talking about should have been addressed in that review, so I'd recommend that you go back and look at the minutes of that review... Spoke regarding holding tanks and pertaining to them, read from the Public Health Code and the New York State Department of Environmental Conservation Design Standards for wastewater treatment works in the Lake George Basin... Noted that he requested through FOIL a copy of the annual report that is due on the Baybrook development and has not received it... SUPERVISOR BROWER-Neither have we. MR. SALVADOR-Have you requested it? SUPERVISOR BROWER-Yes. MR. HATIN, Director of Building and Codes-It's been on file since December in the Town Clerk's Office. SUPERVISOR BROWER-It has? MR. HATIN, Director of Building and Codes-Yes. SUPERVISOR BROWER-Thank you. You will get it Mr. Salvador. MR. SAL V ADOR- The Town Clerk doesn't know it. MR. HATIN, Director of Building and Codes-She should, it was given to her. I have a copy in my office, if you'd like it. SUPERVISOR BROWER-So did he provide it to you, Dave? MR. HATIN, Director of Building and Codes-I can give him a copy of it, if he wants to stop in my office, I can give him a copy of it, I have a copy in my office. SUPERVISOR BROWER-Did Mr. Schermerhorn file it with the clerk? MR.HATIN, Director of Building and Codes-Yea, no he filed it with me and then I forwarded it to the Clerk's Office. SUPERVISOR BROWER-Thank you. MR. SALVADOR-Where does the clerk file these things? I think we should get to the bottom of this. I submitted the FOIL request to the Records Access Officer who is the Town Clerk, she had no knowledge of this report, no record of this report at the time I filed it which was some time in March.... Referred to the subject of the Great Escape pedestrian bridge and questioned whether the town could take a position stating they don't care where the bridge is located, the town will run their sewer wherever to accommodate that? COUNCILMAN STEC-When and how that gets established, that will be by the Planning Board working together with the developer and the state. MR. SALVADOR-The Great Escape seems to take a position that these two projects are in tandem, one is dependent upon the other and it reverses as to the priority. Why can't we treat them as two separate independent parallel projects? They can go ahead with the pedestrian bridge and the town can go ahead with the sewer.... I think it's doubtful that they will get a permit to build foundations in the DOT right-of- way but it is very likely that you would locate the sewer in the right-of-way. TOWN COUNSEL HAFNER-We're getting easements right along the road, we've been working on that for a long time. COUNCILMAN BREWER-We've got easements the whole way up Route 9. MR. SALVADOR-Who are you getting easements from, private property owners? TOWN COUNSEL HAFNER-Yes, private property owners. We're nearly complete, we've gotten them from the Great Escape. MR. SAL V ADOR- Then we know where the sewer line will be? COUNCILMAN BOOR-No.... There was a lot dependent upon the location of the pump station, whether it was going to be where they had the archeological dig or whether they're going to have to move it back towards 87. MR. SALVADOR-One project's been located then, is that what your saying? COUNCILMAN BOOR-No, it hasn't. COUNCILMAN BREWER-It's not been finalized. MR. SALVADOR-Referred to the Occupancy Tax, noting that the Town of Queensbury has a stake in this because those monies are supposed to be used for the promotion oftourisrn... Noted concern regarding some members of an advisory who are to be involved in the implementation of the occupancy tax... SUPERVISOR BROWER-Queensbury has very few representatives compared to the county as a whole and that tourism related businesses are flourishing on that committee you're referring to. MR. SALVADOR-This is not the advisory board, this is a twelve member blue ribbon committee set up to decide the preliminaries. This advisory board is going to be a twenty-five member board, you talk about a plan designed to fail... No, this committee is the inner circle, this is not the advisory board. COUNCILMAN BOOR-This is upsetting okay, but we can't do anything about it, you're in the wrong place, this is county. MR. SAL V ADOR-Mr. Brower represents us at the county. COUNCILMAN STEC-Catch him at his office. SUPERVISOR BROWER-He did today. Thank you Mr. Salvador. OPEN FORUM CLOSED 8: 10 P.M. RESOLUTION APPROVING OPEN SPACE INSTITUTE'S MANAGEMENT PLAN FOR RECREATION F ACILITY PRESENTLY REFERRED TO AS THE "RIVERSIDE PARK AND NATURE PRESERVE" RESOLUTION NO.: 284, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 197,2001, the Queensbury Town Board approved a Management Agreement between the Town and Beaverkill Conservancy, Inc. (BCI) an affiliate of the Open Space Institute (OSI) concerning OSI's development of a recreation facility on approximately 68 acres of land previously owned by the Faith Bible Church located near Corinth Road (the former Camp Jadamada property), such recreation facility presently referred to as the Riverside Park and Nature Preserve, and WHEREAS, the Town's Director of Parks and Recreation has received a proposed Management Plan from OSI prepared by Miller Associates dated February 10,2002, revised December 16, 2002, which sets forth guidelines governing the manner in which an active recreational area of the property will be developed and passive recreational area will be maintained, and WHEREAS, the Town's Recreation Commission has reviewed the Management Plan and is in favor of its adoption, and WHEREAS, the Director has forwarded the proposed Management Plan to the Town Board for review and a copy of such Plan is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Open Space Institute's Management Plan for the recreation facility presently referred to as the Riverside Park and Nature Preserve prepared by Miller Associates and presented at this meeting, as the Town Board feels that such Management Plan adequately and positively sets forth guidelines for recreational development of the property in a way that benefits the public, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Director of Parks and Recreation to execute any other documents and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, NOES None ABSENT: None RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY MINA GRANGER RESOLUTION NO. : 285, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) has inspected a home on property owned by Mina Granger located at 10 Crossover Lane on Assembly Point in the Town of Queensbury (Tax Map No.: 226.15-1-41) and has found that it is in disrepair, unusable and unsafe, and WHEREAS, the Director advised Ms. Granger to take appropriate measures to remove the home from the property as more specifically set forth in the Director's March 13th, 2002 letter to Ms. Granger presented at this meeting, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the home is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to remove the home, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law ~130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be renovated or demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the home owned by Mina Granger and located at 10 Crossover Lane on Assembly Point in the Town of Queensbury (Tax Map No.: 226.15-1-41) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning this matter on July 7th, 2003 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law ~130(16). Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None DISCUSSION BEFORE VOTE: Town Board held discussion with Mr. Hatin reviewing Granger property... vote taken. RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE ON PROPERTY OWNED BY EDWARD CORLEW AND LOCATED AT 24 BOULEVARD (TAX MAP NO.: 303.20-1- 11) RESOLUTION NO.: 286, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, property located at 24 Boulevard in the Town of Queensbury has been the subject of ongoing litigation by the Town, and WHEREAS, for many years the property was occupied by Edward F. Corlew, Sr., who allowed the accumulation of garbage consisting mainly of discarded television sets on the premises, and WHEREAS, on January 21st, 2003, the Town obtained a Decision and Order against Edward Corlew finding that he had violated Town Code ~ 102-3 by allowing the accumulation of garbage at this address, and WHEREAS, approximately one month after the Court's Decision and Order was issued and before the property was brought into compliance, the Town received notice from Attorney Walter 1. Law that Edward Corlew passed away on February 25th, 2003, and WHEREAS, the property remains in violation of Town Code ~102-3 because of the accumulation of garbage, and WHEREAS, since the death of Edward Corlew, the property has remained vacant, and WHEREAS, the Warren County Sheriffs Office has contacted the Town of Queensbury's Director of Building and Codes Enforcement (Director) to report that the property is being vandalized, that minors are using the property as a gathering place and that the structure is unsafe and considered by them to be a nuisance, and WHEREAS, the Director reports that the building is currently in violation of Queensbury Town Code Chapter 88 because it is not being maintained in accordance with the New York State Building Code, and WHEREAS, the Director has represented to the Town Board that the building currently presents a threat to persons and property, and WHEREAS, the Town is unable to determine the current owner of the property at 24 Boulevard because, although Town tax records list the property as being owned by Eugene R. Corlew, no taxes have been paid to the Town since at least 1994, and WHEREAS, the Warren County Treasurer reports that no taxes have been paid on the property for 1999 through the present, and WHEREAS, inquiry was made to Walter Law who represented Edward Corlew in defense of the Town Code violations but Mr. Law is unable to provide the names and addresses of any persons having or claiming an interest in the real property, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law ~130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be renovated or demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board hereby determines that the building and premises at 24 Boulevard, Queensbury, New York appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement and/or the Department of Buildings and Grounds to cause the building to be secured and/or boarded up to permit unauthorized entry and authorizes and directs the expenditure of sums not to exceed $1,000 from Account No.: 001-3650-4400 for the purpose of immediately securing the building at 24 Boulevard, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller's Office to take all action necessary to transfer $1,000 from Account No.: 001-1990-4400 to Account No.: 001-3650-4400 and amend the 2003 Town Budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning this matter on July 7th, 2003 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law ~130(16), and BE IT FURTHER, RESOLVED, that Notice of such Hearing in the form attached shall be provided by I) posting on the property and 2) mailing to the last address( es) of record. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None DISCUSSION BEFORE VOTE: Town Board held discussion with Mr. Hatin and Town Counsel Hafner reviewing Corlew property... Town Board authorized Mr. Hatin to proceed with boarding up property as soon as possible due to complaint from sheriffs department that it's become a partying spot for local teens... vote taken. RESOLUTION ESTABLISHING GIS & UTILITIES LOCATION TECHNICIAN POSITION AT TOWN WATER DEPARTMENT RESOLUTION NO.: 287, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, upon the recommendation of the Town of Queensbury's Water Superintendent, the Queensbury Town Board wishes to establish the full-time position of GIS & Utilities Location Technician in the Town's Water Department, and WHEREAS, this new position will replace the position to be vacated upon Claude White's retirement from the Water Department effective June 30th, 2003, and WHEREAS, the Warren County Department Personnel and Civil Service has reviewed the proposed job duties for the position and has determined that GIS & Utilities Location Technician is the proper title for the position, and WHEREAS, the Town Board and the Town's Unit of the Civil Service Employees Association, Inc. (CSEA) have agreed that this new position shall be an hourly position to be included in the Town's CSEA Bargaining Unit, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes the hourly position of GIS & Utilities Location Technician in the Town's Water Department, such position to be included in the Town's Civil Service Employees Association, Inc. (CSEA) Bargaining Unit, and BE IT FURTHER, RESOLVED, that the Town Board further establishes the 2003 hourly rate for the position in the Town's Agreement with the Civil Service Employees Association at $17.25, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Water Superintendent to begin the process of filling this newly-created position and authorizes and directs the Water Superintendent, Town Supervisor and/or Town Comptroller's Office to complete and file any documentation needed to establish this position and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None BEFORE VOTE: Mr. Ralph VanDusen, Water/Wastewater Superintendent reviewed classification of position with the Town Board... vote taken. RESOLUTION AUTHORIZING UNP AID LEAVE FOR BETTY DYBAS RESOLUTION NO.: 288, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Betty Dybas, the permanent, part -time Real Property Tax Service Assistant in the Town Assessor's Office, has requested Town Board approval to take time off between July 7th and August 1st, 2003 without pay, and WHEREAS, Mrs. Dybas acknowledges and accepts that vacation leave does not accrue during an employee's unpaid leave, and WHEREAS, Mrs. Dybas' request for unpaid leave is acceptable with the Town Assessor, and WHEREAS, Town Board approval is necessary before an employee may take a leave without pay, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Betty Dybas to take time off between July 7th and August 1st, 2003 without pay, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Comptroller and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF HOWARD BLUEGE AS PART-TIME, TEMPORARY MAPPING TECHNICIAN IN TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 289, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Assessor has requested Town Board authorization to hire Howard Bluege to assist with mapping to meet Warren County's requirements on a part-time, temporary basis, working approximately 30 hours a week in the Town Assessor's Office from June 23rd, 2003 through November 30th, 2003 to, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives, and Mr. Bluege is the husband of Helen Otte, Town Assessor, and WHEREAS, the Town Board has considered the Assessor's request and agrees that such part-time, temporary employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Howard Bluege to work in the Town Assessor's Office to assist with mapping to meet Warren County's requirements on a part-time, temporary basis, working approximately 30 hours per week from June 23rd, 2003 through November 28th, 2003, subject to satisfactory completion of a pre-employment physical, and BE IT FURTHER, RESOLVED, that Mr. Bluege shall be paid a wage of $12 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None BEFORE VOTE: Ms. Helen Otte, Town Assessor reviewed position, duties and responsibilities of position with the Town Board... vote taken. (Councilman Boor left meeting room) RESOLUTION APPOINTING GEORGE HILTON AS LAND USE PLANNER/GIS ON PERMANENT BASIS RESOLUTION NO.: 290, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 216,2002 adopted by the Queensbury Town Board on May 6, 2002, the Town Board appointed George Hilton as Land Use Planner/GIS on a provisional basis subject to Mr. Hilton's successful completion of the Civil Service exam for the position and completion of a six month probation period, and WHEREAS, Mr. Hilton has completed the six month probation period, and WHEREAS, the Warren County Department of Personnel and Civil Service has advised that Mr. Hilton successfully passed the Warren County Civil Service exam, and WHEREAS, the Executive Director of Community Development has therefore recommended that the Town Board appoint Mr. Hilton on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints George Hilton to the position of Land Use Planner/GIS on a permanent basis effective June 17th, 2003, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003 by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Boor BEFORE VOTE: Mr. Round, Executive Director reviewed position with the Town Board noting, George has been here for over a year, the Civil Service exam wasn't posted for several months, he took that approximately two months ago and we got notice that he passed... George has been a terrific asset to our office. Supervisor Brower-You needed someone with that capability too. Mr. Round, Executive Director-Yea, it's really provided benefits for all departments in the town... vote taken. (Councilman Boor returned to meeting room) RESOLUTION APPOINTING CHARLES A. VROOMAN, III AS FULL-TIME PARTS SHOP FOREMAN IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. : 291, 2003 INTRODUCED BY : Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Highway Superintendent wishes to make an appointment to the previously established, vacant Parts Shop Foreman position, a Non-Union, overtime-eligible position in the Town Highway Department, and WHEREAS, the Highway Superintendent advertised for the position, reviewed resumes, interviewed interested candidates and now wishes to make an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town Highway Superintendent's appointment of Charles A. Vrooman, III to the Non-Union, overtime eligible position of Parts Shop Foreman, and BE IT FURTHER, RESOLVED, that Mr. Vrooman shall be paid a wage of $14.57 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that this appointment shall be effective July 7th, 2003 and shall be subject to an eight month probation period and satisfactory completion of a pre-employment physical, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 292, 2003 INTRODUCED BY: Mr. Tim Brewer 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 2003 Town Budget as follows: PURCHASE OF LAND: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1940-2799 (Purchase of Land) 3,150. WATER: FROM: TO: $ AMOUNT: 40-8320-4400 Contr. ) 40-8330-4400 (Misc. Contr.) 1,000. (Misc. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION INCREASING APPROPRIATIONS AND ESTIMATED REVENUES AND AMENDING 2003 TOWN BUDGET TO ACCOMMODATE REIMBURSED ENGINEERING SERVICES RESOLUTION NO.: 293,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, there is a need to amend the 2003 Budget to address the additional amount of reimbursed engineering services to be expensed for the remainder of the 2003 fiscal year, and WHEREAS, the Planning Department has requested a budget amendment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of the Town's 2003 Budget as follows: I) Increase Estimated Revenues in Account #001-0001-2116 (Technical Assistance) by the amount of $15,000; and 2) Increase Appropriations in Account #001-8020-4711 (Planning - Reimbursable Engineering Services) by the amount of $15,000; and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Town Comptroller's Office to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY OREST (AL) AND MARICA BOYCHUCK TO PLANNING BOARD RESOLUTION NO.: 294, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Orest (AI) and Marica Boychuck have submitted an application to the Queensbury Town Clerk's Office for rezoning of certain property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-15-020 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF Orest (AI) and Marica Boychuck TAX MAP NO: 109-3-28.1 and 109-3-28.2 LOCATION OF PROPERTY 63 Quaker Road, Queensbury, NY APPLICATION FOR Rezoning of portion of property currently zoned Light Industry (LI) and Land Conservation - 10 Acres (LC-IO) to Highway Commercial Intensive (HC-Int); and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencIes. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY RUSSELL O'CONNOR AND JAMES O'CONNOR TO PLANNING BOARD RESOLUTION NO. : 295, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Russell O'Connor and James O'Connor have submitted an application to the Queensbury Town Clerk's Office for rezoning of certain property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-15-020 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF Russell O'Connor and James O'Connor TAX MAP NO: 135-2-7 LOCATION OF PROPERTY Big Boom Road, Queensbury, NY APPLICATION FOR Rezoning of portion of property currently zoned Light Industry (LI), Waterfront Residential - One Acre (WR-IA), and Suburban Residential - One Acre (SR-IA) to Mixed Use (MU) and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencIes. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION CONSENTING TO LEAD AGENCY DESIGNATION AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY GEORGE AND DAWN DRELLOS (DOUG AND TERESA MILLER - CONTRACT VENDEE) TO PLANNING BOARD RESOLUTION NO. : 296, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Doug and Teresa Miller have submitted an application to the Queensbury Town Clerk's Office for rezoning of certain property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-15-020 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, and WHEREAS, the Town Board understands that the reason for this rezoning request is for the establishment of a proposed sports complex at the subject property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF Doug and Teresa Miller TAX MAP NO: 309.5-1-3 LOCATION OF PROPERTY South side of Sherman Avenue, immediately west of the Northway, Queensbury, NY APPLICATION FOR Rezoning of portion of property currently zoned Light Industrial (LI) to Recreation Commercial- 15,000 Square Feet (RC-15) and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION CONSENTING TO LEAD AGENCY DESIGNATION AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY DKC HOLDINGS INC. (LARRY CLUTE) TO PLANNING BOARD RESOLUTION NO.: 297,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, DKC Holdings, Inc. (Larry Clute) has submitted an application to the Queensbury Town Clerk's Office for rezoning of certain property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-15-020 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, and WHEREAS, the Town Board understands that the reason for this rezoning request is for the establishment of a Planned Unit Development (PUD) at the subject property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF DKC Holdings, Inc. (Larry Clute) TAX MAP NO: 93-2-13.1 and 93-2-13.16 LOCATION OF PROPERTY North side of Luzerne Road south of the Burnt Hills Subdivision, Queensbury, NY APPLICATION FOR Rezoning of property currently zoned Light Industry- One Acre (LI-IA) to Planned Unit Development (PUD) and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer NOES Mr. Brower, Mr. Boor ABSENT: None BEFORE VOTE: Supervisor Brower-This is property on Luzerne Road, off of Luzerne Road that is being proposed to change from Light Industrial to a status that would enable housing. I'm a little concern about this one because we've had PUDs in the past that, Planned Unit Developments that never materialized and this Light Industrial land, if it was used for Light Industry in the future, could indeed provide jobs to people in the neighborhood which would make a truly planned unit developed area. But it is a pretty interesting proposal that's come before us and it's a, I think it's a difficult decision but the board decided to move it forward at our workshop last week and we're here to act on it this evening... vote taken. RESOLUTION ACCEPTING DEDICATION OF REMAINING PORTION OF F ARR LANE IN PHASE III OF INDIAN RIDGE SUBDIVISION RESOLUTION NO.: 298, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Tra-Tom Development, Inc., has offered to dedicate to the Town of Queensbury, the remaining portion ofFarr Lane in Phase III of the Indian Ridge Subdivision, which road is more particularly described in the survey map prepared by VanDusen & Steves Land Surveyors, LLC dated May 22, 2002 and presented at this meeting, and WHEREAS, Highway Superintendent Richard Missita has recommended acceptance of the road contingent upon the developer completing the top coat of the black-top within two years of the date of acceptance or July I, 2005, and WHEREAS, Tra-Tom Development, Inc., has provided the Town with a cash escrow to ensure placement of the top coat on the roads by July I, 2005, and WHEREAS, the Deputy Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with the Town Water Department's standards with the exception that all valves and hydrants are to be at final grade after Niagara Mohawk Power Corporation completes their work and the topsoil has been applied, and WHEREAS, the Director of Building and Codes Enforcement has recommended acceptance of the road, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved in form by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of the remaining portion ofFarr Lane in Phase III of the Indian Ridge Subdivision in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including an Escrow Agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the road be added to the official inventory of Town Highways as follows: Name: Farr Lane (Remaining Portion - Two portions previously dedicated) Road Number: 495 Description: Beginning at Farr Lane and continuing in a northwesterly direction a distance of 1,585' and .30 of a mile and ending at Farr Lane. Feet: 1,585' and .30 of a mile Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY PYRAMID COMPANIES - AVIATION MALL RESOLUTION NO.: 299, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Pyramid Companies previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning certain portions of the Aviation Mall property (Tax Map No.'s: 302.05-1-92.1,302.05-1-92.2,302.05-1-92.3 and 302.09-1-47) for tax years 1995/96 through 2002/03, and WHEREAS, the Town Assessor and the Town Board have reviewed the cases and the proposed settlement of them with Town Counsel, and WHEREAS, the Assessor and the Town Board have concluded that under the facts and circumstances it would be in the Town's best interest to settle these cases on the terms negotiated rather than litigate them, and WHEREAS, counsel for the Queensbury Union Free School District has advised that they will recommend that the School Board approve the proposed settlement and such approval is expected, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Pyramid Companies for tax years 1995/96 through 2002/03 concerning the Aviation Mall property (Tax Map No. 's: 302.05-1-92.1, 302.05-1-92.2, 302.05-1- 92.3 and 302.09-1-47), as follows: 1. In settlement of the cases for tax years 1995/96 through 2001/02 the Town shall pay as a refund to Pyramid the Town's proportional share of the sum of $100,000 with $100,000 being the total amount necessary to settle these cases collectively. The Town's share of the $100,000 payment shall be in the same proportion that the Town's overall tax rate (including the Town tax rate as well as the tax rates for water, fire protection, EMS, library and street lighting) bears to the combined rate for Town, County and School taxes; and 2. In settlement of the cases for tax year 2002/03 the Town shall pay as a refund to Pyramid, the Town's proportional share of the sum of $155,000. The Town's share of the $155,000 payment shall be as provided in Paragraph I, above; and 3. The combined property tax assessment on the above-referenced tax map parcels for 2002 shall be revised from $44,693,000 to $38,000,000. However, Paragraph 2 above shall govern and limit the refund payment to Pyramid to the total sum of $155,000, payable in proportional shares by the Town of Queensbury, Warren County and the Queensbury Union Free School District, with the Town's proportional share of that payment to be as provided in Paragraph 2 above; and 4. The combined property tax assessment on the above-referenced tax map parcels (or their successor parcels if merged or re-numbered) for 2003 and 2004 shall be fixed at $38,000,000, subject to change in accordance with Paragraph 6 below and New York State Real Property Tax Law ~727, except that the combined assessment shall not be increased as a result of any Town-wide revaluation or update of the Town's assessment roll which would otherwise be effective for those assessment years; and 5. The combined property tax assessment on the above-referenced tax map parcels (or their successor parcels if merged or re-numbered) for 2005 and 2006 shall be fixed at $38,500,000, subject to change in accordance with Paragraph 6 below and New York State Real Property Tax Law ~727 except that the combined assessment shall not be increased as a result of any Town-wide revaluation or update of the Town's assessment roll which would otherwise be effective for those assessment years; and 6. The combined property tax assessment on the above-referenced tax map parcels (or their successor parcels if merged or re-numbered) shall be reduced by $6,500,000 if Pyramid conveys a certain parcel, identified as Tax Map No. 302.5-1-92.12, to an unrelated third party and ceases all leasing activity in that area. Such assessment reduction shall not be effective until the taxable status date on or after which the subject conveyance occurs. If the conveyance occurs and the $6,500,000 assessment reduction becomes effective, it shall remain effective through and including the 2006 assessment year (2006/07 tax year), subject only to revisions in accordance with New York State Real Property Tax Law ~727 as provided for in Paragraphs 4 and 5 above; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Pyramid Companies or their Counsel (Devorsetz, Stinziano, Gilberti, Heintz & Smith, P.c.) upon the filing of a Stipulation of Settlement and Order signed by all parties and the Supreme Court Judge presiding over these cases, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None BEFORE VOTE: Ms. Otte, Town Assessor-As you know, the town has been working very diligently with the school district to try and bring this matter to a resolution and it's been a difficult negotiation because there was so many outstanding years at issue here and they've drawn up apparently what's going to be a workable agreement and that's what's before you here in this resolution. Councilman Boor-I concur with Tim, I don't like it, but it is what it is. Supervisor Brower-I thought we were partnering with the school and I was disappointed at the actions taken by the school in relation to this situation and I think that's all I'm willing to comment on at this point but I think I speak for the board... . Vote taken. RESOLUTION AUTHORIZING HIRING OF AMANDA RUSSELL TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 300, 2003 INTRODUCED BY : Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Amanda Russell to work part -time for the Department as a seasonal Recreation Attendant (Swim Lesson Aide), and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees' relatives and Amanda Russell is the niece of Elise Carr, the full-time Town Aquatic Supervisor, and WHEREAS, Amanda Russell worked for the Town for one season as a seasonal Swim Aide Volunteer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Amanda Russell to work for the Town's Department of Parks and Recreation as a part-time, seasonal Recreation Attendant (Swim Lesson Aide) effective June 30th, 2003, to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Parks and Recreation, Town Supervisor and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ALLISON ROUND TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 301, 2003 INTRODUCED BY : Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Allison Round to work part -time for the Department as a seasonal Recreation Attendant (Swim Lesson Aide), and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees' relatives and Allison Round is the daughter of Chris Round, the Town's Executive Director of Community Development, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Allison Round to work for the Town's Department of Parks and Recreation as a part-time, seasonal Recreation Attendant (Swim Lesson Aide) effective June 30th, 2003, to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Parks and Recreation, Town Supervisor and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CATHERINE STROUGH TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 302,2003 INTRODUCED BY : Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Catherine Strough to work part -time for the Department as a seasonal Youth Program Assistant, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees' relatives and Catherine Strough is the daughter of John Strough, a Town Planning Board member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Catherine Strough to work for the Town's Department of Parks and Recreation as a part-time, seasonal Youth Program Assistant effective June 26th, 2003, to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Parks and Recreation, Town Supervisor and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING RALPH VAN DUSEN TO CARRY OVER THREE AND ONE-HALF (3.5) DAYS OF UNUSED VACATION TIME RESOLUTION NO.: 303, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Ralph VanDusen, Water Superintendent, planned to take vacation in June but the Deputy Water Superintendent had to take personal time for a family loss and Ralph VanDusen wanted to make sure he was there to cover the Department, and WHEREAS, Ralph VanDusen has therefore requested Town Board authorization to carry over three and one-half (3.5) days of unused vacation time (above the number of days that are allowed to be carried over by Town Policy) beyond his June 26th, 2003 employment anniversary date, and WHEREAS, the Town Board appreciates that Mr. VanDusen is willing to postpone his vacation so that the Town has coverage this month, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Ralph VanDusen to carry over three and one-half (3.5) days of vacation time, such time to be utilized by July 31st, 2003. Duly adopted this 16th day of June, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None TOWN BOARD DISCUSSIONS 8:53 P.M. COUNCILMAN BOOR-I have a question and a request. The question is, have you received the proposal from TV8 in writing? SUPERVISOR BROWER-Yes. COUNCILMAN BOOR-Can we discuss that at the next workshop? SUPERVISOR BROWER-Yes. COUNCILMAN BOOR-And the request I have, there's been a recurring thing, and it's not a criticism of you Dennis but since you are sitting on the Board of Supervisor's with Warren County, I think it's maybe time that we got a monthly report on what happens up there. I know that I was very disappointed in how the Empire Zone came down and we got hit with it with no idea that it was coming and with Mr. Salvador mentioning tonight some things, although you may be up to speed and get all this information, we never get any of it and I think we could make a lot better decisions, and if we do need to get in front of something ahead of time, we've got a better chance of doing it knowing what's going on there. So, I would ask that you would consider something like that or we can talk about it but there certainly are interrelated issues and you're the closest person we have to the county. SUPERVISOR BROWER-There are interrelated issues and there are five representatives from Queensbury. Certainly myself and the other County Board Members work actively on behalf of Queensbury residents. When things come up that you should be alerted to, we certainly will try to keep you posted, I think that's been the case. COUNCILMAN BOOR-Well, it hasn't and that's why I bring it up, like I say when the Empire Zone, you've got tonight to sign this thing or that's it. Now, I certainly would have liked some heads up on that and there's other things but, and it's not a criticism, I just think we can improve how we deal with things if we know ahead of time what you guys are talking about up there. So, that would be my recommendation. COUNCILMAN TURNER-Questioned the status of the marriage officer? TOWN COUNSEL HAFNER-If the Town Board decides to appoint somebody, you don't have to but if you decide, it has to be someone whose a resident of Queensbury and they only have the authority to do it within the Town of Queensbury. COUNCILMAN STEC-I noted in the 2002 Financial Auditor's Report is in, I noticed that the general fund balance was just a shade over ten million dollars. I'd like to just remind the board, it's my intention, I think we need to have a workshop in the near future to discuss what we want to do about our surplus and any possible rebate. I think we need to get a workshop within the next few weeks and we have to take action by September 1st, if we're going to take action which I certainly hope we do.... My phone rang a few times over the weekend about parking at Hovey Pond and I'd like to ask Mr. Irish to indulge us. MR. DOUG IRISH, Recreation Commission Member spoke to the board regarding an issue with parking at Hovey Pond, actually parking on the park property. In the past, they came to us and asked us if it was okay if Bob Eddy parked on the property because of his age and his health and the Commission agreed that it was fine for Bob Eddy to pull his car in there and park while he's working on the gardens. Somehow that involved into all of the members of the Friends of Hovey Pond, I shouldn't say, all of them, a majority of them pull their car in while they're working on the gardens and park on the property. I was down there two weeks ago and there were six of them parked over by the gardens which is probably a hundred and fifty feet from the parking lot. I waited around probably twenty minutes, half hour and nobody made any attempts to move their car. So, I started to leave as another gentleman pulled in and started to pull through the gate that was erected by an Eagle Scout as a project, normally is closed and pened when the park opens. I told him that he couldn't park on the lawn and he asked me why, he said, everybody else is parked over there. I explained to him that they are working on the gardens and they too will be moving their cars back to the parking lot. When I left there, I called Harry and mentioned to him that we needed to talk to them again, make sure that they were aware that they could use their cars to bring in their plants and whatever else they had to bring into the garden but we wanted them to park in the parking lot with the exception of Bob Eddy. I do have an appointment to meet with the Friends of Hovey Pond this week to talk about some issues of Hovey Pond that they feel are important to them and one of the suggestions I made to Marilee Gosline, the Friends of Hovey Pond meet with the Recreation Commission and resolve the issue of parking down there and one of the things I think we do need to consider is expanding our parking lot... COUNCILMAN BREWER-I have one, I got a call last night about ATV's and four-wheelers. Apparently he called the Sheriff and there is no law on the books to prevent people, this is the second call, actually, I've got two different places where people that own the four-wheelers are driving up and down the street, in the backs of their property and the Sheriff says he can't really do anything unless we have some sort of a nuisance law that prevents a guy riding his four-wheeler hours on end in his yard, back and forth behind his neighbor.... I don't know if there's anything we can put on the books or not or how anybody feels about it but I brining it to you. I don't know, maybe we could have a conversation with Larry (Sheriff) and see what we can do. COUNCILMAN BOOR-I'd be for that. MR. ROUND, Executive Director-On a related matter, we've gotten complaints about unauthorized use of motor vehicles on Niagara Mohawk right-of-ways along Sherman Avenue and I know Councilman Stec is familiar with a couple of locations and it's doing significant damage to sensitive environmental habitat as well. New York State DEC provides an RV police program so we contacted them as a part of that in cooperation with Niagara Mohawk. So, it's become a larger issue. I know through our Open Space Plan process, we heard from that small constituency that was present that there's not a place to use RVs, so you're seeing those encroachment on private property so it's an issue you have to deal one way or another. COUNCILMAN BREWER-Well, I'd like to call Larry Cleveland and see what we could do, if he has any ideas and I'll bring them back next Monday at the workshop. MR. ROUND, Executive Director-Routes 9 and 254, Dennis and I met with Sear Brown reviewing some preliminary information that presented to us on alternatives that they're looking at for that particular intersection. They were charged with looking at four different alternatives, one being the Greenway Connector, one being the addition of land improvements to the 9 and 254 intersection, the other being a round about and always, the fourth alternative is the no alternative, do nothing. They're ready to prepare some additional information to share with the full board but I don't think there's going to be any surprises. What they would like to do is get feedback tonight, we're going to get you a report in a preliminary fashion in the next four to six weeks but the discussion that we were having is, there's going to be a couple of public sessions but the first session, I think is a question of when you would like to do that, whether you want to do that during summer months, July or August or if you want to wait ntil September. It doesn't affect our schedule to implement whatever the chosen alternative is, but I guess there's a concern about whether you're going to reach everybody with vacation schedules and travel, etcetera. So, we're looking for some feedback. COUNCILMAN BOOR-How many meetings would we have prior to perhaps choosing one of these, public meetings with input? MR. ROUND, Executive Director-I think in our scope of work, I think we have two that are proposed... It probably be, as you've seen some of these other type of transportation type of improvements is to have an open house type of format, maybe from four to six and then have a presentation at six or six thirty in the evening and then allow for another thirty minutes to discuss it. So, you're hitting both an early an afternoon and an early evening time frame where people can try to get to that. We're also going to have a slide show presentation that we can post on our web site that walks people through the intersection improvement alternatives. Do you have a preference or do you want to think about it and we can talk about it in the next week or so but we'd like to get a date back from you. COUNCILMAN BREWER-Can we talk about that next Monday as far as picking a date? SUPERVISOR BROWER-Yes. ATTORNEY MATTERS TOWN COUNSEL HAFNER-I have one thing, Mike Hill and Helen and I are going to meet to schedule an executive session dealing with litigation with the other big assessment case that is out there... I know that you have your workshop next Monday, we could all do it at nine thirty or we could do it next Tuesday... Town Board agreed to meet at nine thirty Monday evening for an executive session to discuss a settlement of litigation. SUPERVISOR BROWER-I just want to let the board know that O'Brien and Gere has finished it's draft report regarding North Queensbury's sewer. It's being reviewed by several people right now for errors and completion and when it's complete, they'll be getting back to us. We hope to have a presentation for the board in a future workshop session but we also want to have a public forum in either late July or August regarding the North Queensbury Sewer proposal that O'Brien and Gere is advocating. The proposal is for a centralized collection system that would have a treatment plant in the area of North Queensbury Fire House and then the treated effluent would be piped down Ridge Road to Halfway Brook and that's the alternative that they're advancing after studying all the options and the ability to be able to handle sewer treatment for North Queensbury. The situation is, we had fourteen million dollars at one time allocating toward North Queensbury's sewer solutions and because of the lawsuit that we had and oter delays, the Queensbury Contingent of Supervisors including myself, advocated that Lake George go ahead and improve their system, Bolton improve their system and Hague build their system and now we have eight million dollars left in the fund. The proposed solution will probably cost in the area of twenty million dollars. So, assuming the board embraces the concept and the public likes the idea proposed, we would need to go, actually we need to go to Washington to get more money and to be able to finance this project. A project of this magnitude has a ninety percent federal share of ten percent local share as to the rest of the proposal. So, that will be coming forward. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 304, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss two personnel matters and a matter of potential property acquisition where disclosure may affect cost. Duly adopted this 16th day of June, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION AND ADJOURN TOWN BOARD MEETING RESOLUTION NO.: 305, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 16th day of June, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None No further taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY