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2003-05-19 Regular Town Board Meeting May 19, 2003 Mtg. #24 RES. 245-2687:00 P.M BOH 13-15 LL#2.2003 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND WATER SUPERINTENDENT RALPH VANDUSEN PLEGE OF ALLEGIANGE LED BY ROGER BOOR 1.0 PUBLIC HEARINGS 1.1 Proposed Annexation of Veterans Field Industrial Park/Northway Business Park by City of Glens Falls Notice shown Supervisor Brower-Consistent with the wastewater agreement that the Town of Queensbury signed with the City of Glens Falls, part of that agreement required the annexation of property across from West Glens Falls Volunteer Fire Company on Veterans Road, as part of the agreement. A number of factors went into the wastewater agreement of course the objectives were multi fold, number one the Town needed to and desired to purchase additional sewer capacity for increased sewer facilities for its main corridors. Repairing the infrastructure for light industrial manufacturing and commercial growth for the Town of Queensbury. In return the City had a underutilized sewer treatment plant that was running at about a little over a third of capacity, actually closer to half I guess of its design capacity. The Town in return received a reasonable sewer price, by that I mean a sewer price which we could sell to industrial users enabling them to be able to afford the service and find Queensbury a desirable place to locate roviding jobs for our citizens. Jobs was the key factor in all our deliberations from the Queensbury's negotiating side. I would be remiss if I did not take the opportunity to thank members of the sewer negotiating team who worked for over a year to make this agreement a reality, Ralph VanDusen, Mike Shaw, Henry Hess and myself. We worked together as a pretty effective team with the City of Glens Falls and I am pleased that we have been able to get to this point. Part of the annexation process, the Town's concern was that we did not want this to be the start of a continuing process so we did build in some safeguards into the agreement which prevent the City from considering further annexation of Queensbury properties. However, that is a little background with that I would like to open the public hearing and give members of the public that would like to comment on the action an opportunity to be heard by the Town Board. Town Clerk Darleen Dougher-The first part of the public hearing is for the School Districts and Crandall Library and of course the fire company being the Town Board. Supervisor Brower-Are there representatives from the school districts, Glens Falls City School, Queensbury School and the Library present at this time? Ok. I received no written notification of any objections so, if no one is here to speak on their behalf, it is vacant undeveloped property at the current time so, I guess the School District and Special Districts are not losing really, are not loosing anything at this time. We do hope that Executive Director Chis Round-A portion of the property is in the Glens Falls School District and a portion of the property is in the Queensbury School District and there are no amendments to the school district boundaries so they are staying the same that is consistent with what you are saying. Supervisor Brower-There is an agreement between West Glens Falls Volunteer Fire Company and the City of Glens Falls Fire Company to provide joint fire and ems protection to the property in question. Well, if there is no one to speak on behalf of the school at this time or library I will close that portion of the public hearing and open the portion of the public hearing which was not required but which we felt would be appropriate to enable citizens of the Town of Queensbury to comment on this proposed action. So, at this time I would like to open the public hearing for anyone that would care to comment. Mr. Tucker. Mr. Pliney Tucker-Pliney Tucker, 41 Division Road, Queensbury In your agreement with the City of Glens Falls is there any stipulation on time limit when they will clean up this site? Supervisor Brower-When they will clean it up? Mr. Tucker-Well, I mean they have got, the County has a PCB dump that has been there for twenty five years and been leaking for twenty five years and the City dump is not properly closed. I know that all the deals that we have had with the City the minute they get the deals they really cooperate. I was just wondering if there was any provisions? Supervisor Brower-The transfer station is exempted from the property, the transfer station itself. The landfill is the City's responsibility to cap and my understanding is they are working with DEC currently in an effort to cap the landfill properly. The PCB dump site, part of the property is fenced off and is protected from, so to speak, from people obtaining access to it. I do not know how much more I can comment on that, other than to say that you are right, these are pieces of the puzzle that went into at least my consideration to enable them to annex this property because there are, it was their property it was simply in the Town of Queensbury. There are some potential difficulties with the site that may have to be premeditated and that would be the responsibility of the owner, which when annexed would be, the City is the owner, when annexed and developed they would have a further obligation to potentially mitigate. Councilman Brewer-That PCB dump that I think you are talking about I do not think that the City owns that now they won't own it after this goes into effect. Mr. Tucker-Yea, but it is polluting the ground water and that entire section there. Councilman Brewer-That is not part of this agreement that capped so to speak capped landfill you are talking about is not part of this annexation. Supervisor Brower-But it is in the vicinity of. Councilman Brewer-To answer your question, no. Mr. Tucker-Both these problems are mated right? Well that is better than no. Thank you. Supervisor Brower-Would anyone else care to comment on this agreement? Seeing none I will close the portion of the public hearing and ask board members if they would care to comment on the action? In that case Chris do we move forward with the SEQRA recommendation? Executive Director Round-Yes. Supervisor Brower-We have a short environmental assessment form that needs to be completed and the agreement states that the City will also adopt a similar SEQRA process. A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in CI-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION OF SEQRA DETERMINATION OF NON-SIGNIFICANCE CONCERNING ANNEXATION OF VETERANS FIELD INDUSTRIAL PARK PROPERTY (NORTHWAY BUSINESS PARK) BY CITY OF GLENS FALLS RESOLUTION NO. 245, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the City of Glens Falls (City) is the owner of certain uninhabited territory within the Town known as Veteran's Field which has been rezoned to a light industrial district designated the Veterans Field Industrial Park, and WHEREAS, the City and the Town entered into a Wastewater Treatment Agreement dated April 1,2002 (Wastewater Agreement), which requires annexation of the Veterans Field Industrial Park Property by the City as a condition to the Town's right to purchase Additional Purchased Capacity pursuant to the Wastewater Agreement, and WHEREAS, the City and the Town agree that it would be mutually advantageous to adjust their municipal boundary to include the Veterans Field Industrial Park and certain adjacent lands (Veterans Field Industrial Park Property or Northway Business Park) within the City, and WHEREAS, in accordance with 6 New York Code of Rules and Regulations ("NYCRR") Section 617.6, the Queensbury Town Board has determined that such annexation process is an Unlisted action under the State Environmental Quality Review Act ("SEQRA"), and WHEREAS, coordinated SEQRA review is not required for Unlisted actions and the Town Board has determined to conduct uncoordinated SEQRA review of the action, and WHEREAS, the Town has prepared Parts I and 2 of the SEQRA Short Environmental Assessment Form (EAF) for the action, and WHEREAS, the Town Board has reviewed and fully considered the proposed action and Parts I and 2 of the EAF, and WHEREAS, the Town Board has determined that the action will not result in any large or important impacts and, therefore, is one which will not have a significant impact on the environment, NOW, THEREFORE, BE IT, RESOLVED, that the Town Board hereby finds that the action will not have a significant impact on the environment and authorizes the filing of a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the action substantially in the form attached to this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and take all action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Brower NOES Mr. Stec, Mr. Brewer ABSENT: None Discussion held before vote: Supervisor Brower-This is very important to Queensbury's planned growth. CONSENT RESOLUTION, FINDINGS AND ORDER APPROVING ANNEXATION OF VETERANS FIELD INDUSTRIAL P ARK (NORTHWAY BUSINESS PARK) BY CITY OF GLENS FALLS RESOLUTION NO. : 246, 2003 INTRODUCED BY : Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the City of Glens Falls (the "City") is the owner of certain uninhabited territory within the Town known as Veteran's Field which has been rezoned to a light industrial district designated the Veterans Field Industrial Park or the Northway Business Park, and WHEREAS, the City and the Town entered into a Wastewater Treatment Agreement dated April 1,2002 (the "Wastewater Agreement"), which requires annexation of the Veterans Field Industrial Park Property (Northway Business Park) by the City as a condition to the Town's right to purchase Additional Purchased Capacity pursuant to the Wastewater Agreement, and WHEREAS, the development of such area for light industrial and manufacturing uses would promote economic progress within both the City and Town by increasing the probability of such industrial and manufacturing development and the creation of additional employment and tax base as well as cash flow within both the City and the Town, and WHEREAS, the City and the Town agree that it would be mutually advantageous to adjust their municipal boundary to include the Veterans Field Industrial Park and certain adjacent lands (Veterans Field Industrial Park Property or Northway Business Park) within the City, and WHEREAS, the City and the Town have agreed upon various details of the proposed annexation and prepared an Annexation Agreement dated as of June 1,2003 (the "Annexation Agreement"), which specifies certain terms and conditions of the annexation, and WHEREAS, thirty days written notice of the meeting of the Town Board at which the question of such annexation was discussed was given to the Queensbury Union Free School District, the Glens Falls City School District and the Crandall Public Library District, and these Districts were given an opportunity to appear at such meeting and present objections to the proposed annexation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby states that it has fully and carefully considered the effects of the proposed annexation of the Veterans Field Industrial Park Property (Northway Business Park) by the City of Glens Falls on (a) the territory proposed to be annexed, (b) the City of Glens Falls, (c) the remaining area of the Town, (d) the Queensbury Union Free School District and the Glens Falls City School District (e) the Crandall Public Library District and (f) all affected Town fire protection districts (such as the West Glens Falls Fire District) and all affected Town special districts and the comments and recommendations of the Queensbury Union Free School and Glens Falls City School District and the Crandall Public Library District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute and deliver the Annexation Agreement substantially in the form presented to this meeting and execute and deliver any documents and take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board finds as follows: (1) The proceedings followed by the Town Board in effectuating the proposed annexation have substantially complied with the requirements of General Municipal Law Article 17. (2) The proposed annexation of the Veterans Field Industrial Park (Northway Business Park) to the City is in the overall public interest. Such determination is based on the items detailed in this Resolution, in the Wastewater Agreement and in the Annexation Agreement. NOW, THEREFORE, IT IS ORDERED that the consent and approval of the Town Board is hereby given to the annexation of the Veterans Field Industrial Park Property (Northway Business Park) to the City, and BE IT FURTHER, RESOLVED, that this Consent Resolution, Findings and Order are contingent upon the City authorizing, signing and delivering to the Town the fully-executed Annexation Agreement prior to annexation proceedings being completed by the City and becoming effective, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to file this Consent Resolution, Findings and Order as may be required by law. Duly adopted this 19th day of May, 2003, by the following vote: AYES: Mr. Turner, Mr. Brower, Mr. Boor NOES: Mr. Stec, Mr. Brewer ABSENT: None Discussion held before vote: Town Counsel Hafner-The statutes that control how annexation goes forward have a lot of different provisions in them. This deals with a bunch of those statues. It first operates as the consent order that is a prerequisite before the city can move forward and complete the annexation on their part. Both the City and the Town have to pass a consent order, a consent resolution. So, that is stage one. It also deals with all, there are a bunch of sections of law that say that the Town and the City can agree upon different things that may apply and we have drafted the agreement to comply with the statutes to be consistent with the agreement that you have and it also incorporates all of the provisions I think it was section eleven in the wastewater agreement which had a bunch of provisions that the town board felt were very important. So, this was to protect the town and also to comply with the statutory requirements for annexation. Councilman Boor-I read the copy that was in our mailbox several days ago but I did not read the new one, is the only change the verbiage that Ralph added on this? Town Counsel Hafner-The only changes were three words that Ralph added on Luzerne Road and in Allb we had just changed the language slightly we thought it made it clear but when we gave a copy to counsel of the City they wanted the change so we just went back and copied in exactly the language in II b that was in the wastewater treatment agreement that the sewer negotiating team spent so long in drafting. Supervisor Brower-The reason the County opted for a thirty year agreement as opposed to the forty year agreement with the City is because it is consistent with the general length of municipal bonding for such infrastructure which is thirty years and at the low interest rates where going to be provided made the most sense. Councilman Boor-Number 7 That is the portion that said that they will not annex anything else unless we say it is ok. Town Counsel Hafner-Correct. Supervisor Brower-The last thing I want to add, none of the sewer infrastructure improvements that are currently underway on Queensbury Avenue including the Warren Washington County Industrial Park the Warren County Airport the new Queensbury Industrial Park none of that would be possible. The Bay Road Sewer Extension would not be possible, the Route 9 Sewer Extension including the Great Escape and going all the way to Route 149 including the Warren County Municipal Center and the public safety building would not be possible and the improvements at Exit 18 extending sewer service from Western Avenue out to the Northway and beyond to Carey Industrial Park would not be possible. So, this is a very important agreement between the Town and the City. (vote taken) 1.2 PUBLIC HEARING - Proposed Local Law #2, 2003 to Amend Queensbury Town Code Chapter 55 "Boats" Regulating Speed of Vessels in a portion of Lake George Notice shown Supervisor Brower-This particular law would make the bay there is a small bay near Fishers Marina that bay is not named and that particular bay is proposed to have a five mile per hour limit. I see Mr. Fisher is here this evening along with several neighbors, Susan Weber and others and I want to acknowledge you. The Town previously adopted a resolution which mapped the bay and also proposed two buoys for that bay we have also been in contact with DEC and under the normal procedure like this the Town has jurisdiction over fifteen hundred feet from shore basically and what we are doing is proposing a five mile per hour zone for that small bay. It is the site of a marina with boats coming in and out and we think it would be a safety issue in order to keep high speed water or water skiers going twenty to twenty five miles per hour from being able to access that bay on a regular basis. They can still access Warner Bay which is outside this small bay but we think it would be a safety concern and it has taken jut about two years to get to this point. It is not an over night action on behalf of the Town Board I can assure you. With that I would like to ask if Board Member have any questions. Councilman Boor-I am in favor of it as it is written. Supervisor Brower-If not I will open the public hearing to any citizens that would care to speak for or against the proposal, the proposed local law number 2 of 2003 regulating the speed within the bay. When you come forward, simply state your name and address for the record please. Mr. John Lafner-John Lefner, 44 Bean Road, Kattskill Bay I have been a resident there since 94 and I always under the, I always went five miles per hour because it made common sense, but it is tough to teach people common sense so unfortunately you have to regulate it. I am here to support the five mile per hour buoy because I definitely think it is, would help all of us. However, I would like to add that it may impact one or two of us depending upon where the position of buoys are placed. I just would like to ask that I would like to try it and if it doesn't work out and if some people are affected greater by it we would like to be able to come back and maybe tweak it a little bit and change the line so that not one or two of us get the brunt of it once these big boats hit past the five mile per hour zone and their wakes come rolling into shore. Supervisor Brower-The line was, just so you know, the line was pretty consistent with the points toward the end of the bay. A GIS sighting was done and DEC is proposing to site the actual buoys along that line where they think they are best suited. So, actually DEC will be responsible for at least putting them out taking them in, in the fall. The Town is responsible for buying the buoys which are surprisingly inexpensive. I was surprised they were only around two hundred dollars for the two buoys. Mr. Lafner-I think anyone of us would have been glad to buy them years ago and donate them to the town. I would just like to be able to come back and revisit it if it adversely affects anyone of us. Thank you. Supervisor Brower-Would anyone else care to address the Board on this issue? Mrs. Weber Mrs. Susan Weber-Hi, everyone, my name is Susan Weber and my address is 50 Bean Road in Kattskill Bay The first thing I would like to do is thank you all for bring this forward. The situation in our bay has gotten worse as the years have gone by and the boat traffic has increased and this is a very responsive public service thing that the town is doing. I would just like to note however in the statue, the proposed statue.. .language itself, this is just a matter of accuracy and pride with me. It says the lands of Susan Supervisor Brower-Which page. Mrs. Weber-we are one page 2 the second line from the bottom. It says said Lake George on the westerly bounds oflands of Susan and Michael Weber et al it should be Susan Weber, Michael is my brother and he is there a lot but he does not own the property. He is a good person, but. If you want it to be right, lets make it right. I just have to say in addition to what Mr. Brower said about the safety concerns, with a lot of boat traffic in that bay and people as John Lefner mentioned who cannot really seem to be educated about proper boating rules there is a problem about damage to property on the shore. Our boat in the boat slip in the dock in the boat house was swamped a couple of years ago because of boat wake coming in and not dissipating. There has been a lot of damage to our sea wall from a wake of boats and it is not on a regular basis that the problem exists it is just in the summer when there is a lot of traffic. That bay is about twelve feet deep at the deepest point most of it is from six fee to lesser and when you get a few boats in there it is like having an outboard motor in a bathtub. The wake, the wash and the wake just keeps on going. This would help like I look upon it as almost a self regulating thing having those buoys out there to make people aware of the rules. So, I thank you very much for your time and I hope you approve this minor measure. Supervisor Brower-Thank you very much. Would anyone else care to comment on this public hearing. Yes, Mr. Salvador. Mr. John Salvador-Good evening my name is John Salvador and my wife and I own property on Dunhams Bay. We have no basic problem with this regulation however for purposes of clarity section three on page three reads all local laws and ordinances or parts of local laws or ordinances in conflict with any part of this local law are hereby repealed. You said in your preamble Mr. Supervisor that this, the town law allows towns to regulate vessels within fifteen hundred feet of the shore line of the town. If you look at paragraph e on page 2 it talks about Dunhams Bay and it talks about one thousand nine hundred and fifty feet from the east end of the bridge. So, I read into that, that you are exceeding your limit of authority by one hundred and fifty feet on Dunhams Bay. Councilman Boor-More than that, right? Mr. Salvador-Fifteen hundred feet I am sorry, fifteen hundred feet would make it, four hundred and fifty feet. Is that a conflict and if so ... Town Counsel Hafner-Not necessarily. Councilman Stec-John what it is saying is, that is where that rock is located it is not saying that the line extends nineteen fifty. Mr. Salvador-The limit of your authority Councilman Stec-I understand what you are saying John, but understand what I am saying. Dunhams Bay bounds southerly and easterly and westerly by its, it is describing where the line is not how far out it extends. And westerly by the shore line of Lake George and Dunhams Bay northerly by a line running from Josha's Rock north seventy eight degrees east eight hundred feet more or less on the side of Dunhams Bay. Said Josha's Rock is located on a point, so it is telling you where the rock is to draw the line from. The nineteen fifty describes Mr. Salvador-The bridge is at the shore. Councilman Stec-But it is using a point farther out to help draw the line it is not...you know what I am saymg. Mr. Salvador-Let me continue, back in the early seventies the Town adopted a number of ordinances, one is ordinance number 33 and that ordinance says pursuant to the provisions of section 130 paragraph 17 of town law of the State of New York the Town of Queensbury hereby regulates the operation of pleasure boats in the waters within fifteen hundred feet of the boundary of said town. Such regulation being necessitated by the marked increase in pleasure boating in said waters. This ordinance goes on to talk about approvals, and of course the fifteen hundred feet. I just wondering if this local law should not make reference to town law section 130 paragraph 17 to be consistent? This looks like you are changing the town code but what authorization gives you, do you have to change the town code? I think it is town law section 130 paragraph 17 to be consistent. We have got ordinance number 33 going back to 19, I will tell you how long ago it was Frances Turner was the Town Clerk. We have got another one ordiance 34 and 34A regulating the operation of motor boats in the Town of Queensbury. It just seems to me that they should be consistent. Otherwise I would read into this that the previous ordinances are automatically repealed, by the language of this repealer. All local laws or ordinances or parts of local laws or ordinances in conflict with any part of this local law are hereby repealed, that says a lot. Councilman Boor-If they are in conflict. Mr. Salvador-Fifteen hundred feet is the limit. Supervisor Brower-Would anyone else care to comment on the public hearing at this time? Ok. Hearing none I guess I will close the public hearing and Bob do you have any issue with the language? Town Counsel Hafner-No, I would recommend that we correct the surveyors language that gave us to, X out and Michael and X out et al. Supervisor Brower-Further discussion. Hearing none do we have a motion. RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2003 TO AMEND QUEENSBURY TOWN CODE CHAPTER 55 "BOATS" REGULATING SPEED OF VESSELS IN A PORTION OF LAKE GEORGE RESOLUTION NO. 247,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2003 to amend Queensbury Town Code Chapter 55 entitled "Boats," to restrict the speed of vessels in an unnamed bay lying east of Warner Bay in Lake George, and WHEREAS, Town Law ~ 130(17) authorizes Towns to regulate the speed of vessels while being operated or driven upon any waters within or bordering the Town to a distance of fifteen hundred feet (1,500') from shore, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~ 10(2) and Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on May 19th, 2003 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2 of 2003 to amend Queensbury Town Code Chapter 55 entitled "Boats," to restrict the speed of vessels in an unnamed bay lying east of Warner Bay in Lake George as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF BUOYS FOR USE IN UNNAMED BAY LYING EAST OF WARNER BAY IN LAKE GEORGE RESOLUTION NO.: 248,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by previous Resolution the Queensbury Town Board adopted Local Law No.: 2 of 2003 amending Queensbury Town Code Chapter 55 "Boats," to restrict the speed of vessels in an unnamed bay lying east of Warner Bay in Lake George, and WHEREAS, the Town Supervisor has requested Town Board approval to purchase two buoys to place in the bay, from Rolyan Buoys for the approximate amount of $200, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Supervisor's purchase of two buoys from Rolyan Buoys for the approximate amount of $200 to be paid for from Public Safety Account No.: 001-3989-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to make all necessary arrangements to deliver the buoys to the New York State Department of Environmental Conservation for placement in the unnamed bay lying east of Warner Bay in Lake George as set forth in Town of Queensbury Local Law NO.2 of 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May, 2003, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion held-Councilman Stec-Questioned who can name the bay? Town Counsel Hanfer-Noted that we have not found who has the authority to do so.. Councilman Stec-When we do we should name it... RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 249.2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby calls for the Queensbury Board of Health. Duly adopted this 19th day of May, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None 2.0 QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JIM AND NANCY WHITE RESOLUTION NO.: 13,2003 BOH INTRODUCED BY: Mr. Theodore Turner 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 issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Jim and Nancy White have applied to the Local Board of Health for variances from Chapter 136, (136-11, which requires applicants to obtain a variance for holding tanks and the applicants have requested a variance to allow a holding tank and another variance to allow a 2,500 gallon capacity holding tank in lieu of the required 3,500 gallon capacity holding tank on property located at the south end of Russell Harris Road on Cleverdale in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on June 2nd, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jim and Nancy White's sewage disposal variance application concerning property located at the south end of Russell Harris Road on Cleverdale in the Town of Queensbury and bearing Tax Map No.: 240.5-1-7 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 of the property as required by law. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF HELENE HORN RESOLUTION NO.: 14,2003 BOH INTRODUCED BY: Mr. Theodore Turner 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, Helene Horn has applied to the Local Board of Health for a variance from Chapter 136 to install a fill system four feet (4') from the property line in lieu of the required ten feet (10') setback on property located at 336 Cleverdale Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 2nd, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Helene Horn's sewage disposal variance application concerning property located at 336 Cleverdale Road, Queensbury (Tax Map No.: 226.12-1-73) 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 of Ms. Horn's property as required by law. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 15.2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns its session. Duly adopted this 19th day of May, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None 3.0 CORRESPONDENCE To: Queensbury Town Board From: Craig Bramley, President, Baybridge (QBHOA) Subject: Sewer Transportation Corporation Date: May 19, 2003 I recently received a copy of Rich Schermerhorn's letter to you dated May 12, 2003. In reviewing the last paragraph, I am compelled to state that while Baybridge is anxious to expeditiously finalize an agreement for its sewers, it will be necessary to allot enough time for appropriate financial/legal review of the proposal, as well as receive the 70% approval of our 84 homeowners. The 70% approval requirement is legally dictated by QBHOA's Offering Plan. It is Baybridge's position that all costs for this newest sewer proposal must be known prior to approval. I would estimate that QBHOA will need four weeks to properly go through this process. To date, Baybridge has nothing to show for the $32,000+ it has spent on the various sewer project proposals over the last two years. It should be noted that the $32,000+ figure does not include the $5,000+ that the Town reimbursed QBHOA. Based on the projected costs under the original contract between the Town and Baybridge, each homeowner was assessed $667. It is obvious that an additional assessment will be required to initiate and complete our sewer hook-up. The incremental approach utilized to date has obviously not served Baybridge well. It would be irresponsible for us to commit to anything without knowing the bottom-line cost of the project. In closing, I recognize the intent of the Town is to ensure that Baybridge is treated fairly and appropriately. That being said, DEC, along with other professionals have stated that a homeowner's association is not equipped to facilitate a project such as this. It would behoove the Town to recognize this fact when considering future projects that normally fall under municipal responsibility. I realize the Town's position is that this is a private project, but it should be recognized that many of our residents are seniors on fixed incomes, and like many others have been negatively impacted by the downturn on Wall Street. Baybridge needs the Town to take a proactive role in order to keep this project's costs within a reasonable range of the original contract between the Town and QBHOA. Councilman Boor-Does this have any bearing on us really? I understand their position but I do not think.. Town Counsel Hafner-You are not bound by it at all. We have requested that the applicant, Mr. Schermerhorn when he comes in with is proposed transportation company and franchise agreement that he also have written agreement by the two parties that are most affected by this one of which is the homeowners association and the other is the Valente's who own land in that area. We had asked that just because I understood the Town Board's consensus was that you saw this as a way to resolve the sewer problems that all three of them have. We are not legally bound to ... Councilman Boor-This is between, obviously the price is set by another authority, we can approve the rates but we do not set them. Councilman Brewer-But if we do not approve them they do not get approved he cannot charge them. Councilman Boor-But the point is as far as fairness for the rates we do not have anything to do with what the rate is, we can approve it but we do not set it. Town Counsel Hafner-The Town Board is going to review his transportation company and his proposed franchise agreement and you can either approve it or not. If you don't then he can't charge, he does not have his entity, but he is entitled under the transportation corporation to get back his costs and that is part of what this plan will be. Councilman Boor-But he can not charge what infinitely, in other words there is a authority that oversees. Town Counsel Hafner-But that authority is the five of you. Councilman Stec-In fact he is allowed to charge cost plus a little profit. Supervisor Brower-A reasonable profit. 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR Councilman Stec-Noted at the last workshop we had come to a consensus to have a resolution supporting the hiring for professional services of Architect/Consultant to help us prepare for a rec. facility. Question about having a resolution for tonight? Supervisor Brower-No. Henry had a problem with the resolution, that it was not consistent with Town purchasing practices or policies and he felt at the time of his memo he recommended we follow strict purchasing procedures regarding retention of the services. I have had a conversation with Doug Irish the head of the Recreation Commission today and he said that he has resolved these issues with Henry. Since Henry is at a conference in NYC I do not see the need to rush this through without proper documentation. I do not see where a two week delay will hurt anything. I want to make sure that indeed was Henry's intent was that he did resolve this. Doug has indicated that they have resolve this but the memo didn't. Town Counsel Hafner-We had held off in action based on Henry's memo thinking that the Town Board wanted some more information. Councilman Boor-I was under the impression that we were going to talk to Jennifer Switzer because Henry was out and that was the last I heard and then Doug is here. I e-mailed him and actually talked to him several times but I have not talked to Henry. Town Counsel Hafner-On the way in to this meeting I ran into Doug and Dan who said that the five of you had met at the workshop meeting and that you had agreed on having a resolution so I drafted one. I had understood that Henry's memo was.. Councilman Brewer-How does Henry have the authority to over rule what we want to do? Town Counsel Hafner-I did not know you guys had met and talked about it, no one told me that. Councilman Boor-We did not agree on anything. We agreed to have Jennifer Switzer look at it if Henry could not look at it. I am stating what we agreed to in a workshop, correct me if I am wrong. Chairman Recreation Commission Doug Irish-I was at the workshop and unless you had another one it broke up and there was no discussion on who was going to look at this proposal while I was there. That being said, I did speak to Henry Thursday at Rotary and he described what his concerns were with the draft proposal that was originally submitted to the Recreation Commission and I understand where his concerns came from because the draft proposal actually addressed the entire scope of the project which is not what the consultant was being hired for. What we wanted him for was to take us through the process of hiring an architect so that we were not going to run into a problem with having somebody design something that is not build able for what the money, we are going to go to the public and ask them for. That type of thing. What he actually gave us originally and I think the Town Board or at least Dennis may have seen a copy of it, was a proposal that outlined the entire scope from start to finish from siting down with the commission and finding out what our needs were right through the finished project. That is not what our intention was, that was a discussion at the Recreation Commission and Harry did raise the issue of putting it out to bid at that point based on that proposal but the commission members all agreed that we were not hiring a consultant to do the entire scope of that original draft proposal. I did speak with Henry Thursday, Henry described to me what his concerns were and I asked him if and explained to him that we were only hiring him for a portion of what he originally put on paper and he said as long as he revised his proposal to reflect only those items he was being hired for and it was under twenty thousand dollars he had no objection. He did tell me he would not be here tonight but I told him I would have Mr. Farentino subject just a bid for the work he was going to do and I would have a copy for the Town Board tonight. Henry seemed fine with that. Councilman Boor-I do not have problem with that, the thing that takes me back is that Bob has a resolution and I am wondering where you got the information, how did you write the resolution? Chairman lrish-I spoke to Bob when I set the workshop up to come to the Town Board initially, yea. Town Counsel Hafner-You guys had received a memo from us on that. Councilman Boor-Ok. You did, fine, it certainly was not anybody on this board, no matter what they say. Chairman Irish-Harry works for us I do not go through Harry. Supervisor Brower-But Harry is the representative on the management team that works with me. Chairman Irish-Well, that is fine for you guys but he is not the representative for us and he works for us. So. Supervisor Brower-I do not know, I think there is. Chairman lrish-I think if you read the law that it stipulates that the Commission has the authority to hire and fire its personnel because the Town Board pays the benefit package they kind of assumed that the personnel work for and are employed by the Town but they are in fact, cannot be fired by the Town. You cannot fire any of those employees without the Commissions approval. At the same token we cannot hire any of those without your approval because you administer their benefits. I think in the past and I do not want to get into a big there is probably something better served in a workshop between the entire Town Board and the Commission. In the past the Commission has pretty much given Harry free reign to do whatever he wants to do in his position and they have always taken a hands off approach. We have got a Commission now that is almost entirely new Commission that wants a more hands on proactive approach and wants to be involved in doing their duties as describe in the law and the resolution that etablishes the Commission. So, I understand that there is a perception because he works in the office that he is a town employee and he works for you and he has been deemed to do certain things for us but he does not have the authority to act on the Commission behalf. I guess that is my point. Supervisor Brower-I would think he would be the person that would act on the Commission behalf. Chairman Irish-No according to our bylaws the Recreation Chairman the Vice Chairman or the Secretary are the three people that are tasked to deal with the Town Board and in their absence they will contact another Commission Member. Supervisor Brower-Did you revise the Bylaws? Chairman Irish-Yes, we did. Councilman Stec- They can do that right? Bob, they can revise their own bylaws? Town Counsel Hafner-I think they can. Councilman Boor-We got a copy of it because in it was where they changed the ten year, it was seven members they were going to five so they changed ... Town Counsel Hafner-Set by the Town that is not set by them. Chairman Irish-No, it is set by the State. Town Counsel Hafner-that is done by us. Councilman Stec-We make the appointments. Chairman lrish-I really do not want to get side tracked, I really think that is an issue for a workshop, because there really is a perception that we are an advisory board and we are not. Councilman Boor-We have to be careful that not to confuse Henry and Harry because those names get interchanged sometimes and it gets confusing. Chairman Irish-Yes, I have done that myself. I would like to address this. Councilman Boor-You did it tonight that is why I am bring it up. Councilman Stec-Doug besides peoples comfort factor in getting approval from Town Employees before the Town Board makes a decision is there any pressing substantial reason why we can't wait two weeks? Chairman Irish-There is because we the Queensbury School where we do a majority of our programs is undergoing a major construction project for the next two to three years, we are going to be left without some of our facilities shortly. We will be using some and not being able to use others. We have a time table we would like to be in the ground in 2005, just one deal just leads to another delay and to anther delay. Two weeks here for a Town Board meeting means two weeks to you guys but it is actually six weeks to us because it is thirty day permissive referendum. We cannot do anything for another six weeks if we do not get this resolution passed tonight. If it is passed tonight, Darleen can put it out whatever she needs to do with it so we can start the thirty day clock and we can move forward. We are probably sixty days behind where we wanted to be originally, because we had not anticipated dealing with the College and working with them and trying to move forward so that slowed us down a little bit. ut probably is a good thing in the long run. I would like to get this passed. I came to the Town Board last week with the intention of bring you up to speed so you knew what was going on. Thought everybody was on board with it, actually gave a copy of the original proposal to Henry when I asked him about professional services and he did not, I did not leave him with a copy of it, so he did not understand the entire, he did not realize that the guy had put together a proposal for more than he was being hired for. Apparently Harry had taken a copy into either Dennis or Henry and asked about it after our Commission meeting, so that raised a misunderstanding in Henry's Office as to what it was we were trying to do and I think generated his memo. Councilman Stec-It is cleared up now? Chairman Irish-When I left Henry Thursday afternoon and he did tell me he was leaving for New York on Friday he had no problem as long as he had a copy of this in the file that only addressed the portions that the consultant was being hired for. Councilman Stec-Bob from a legal perspective are you comfortable with the language of the draft resolution that you wrote in accordance with the e-mail that you sent us a week ago today saying that you would write one? Are you comfortable with our legal position to pass the resolution? Are there any legal issues? Town Counsel Hafner-No. It is totally up to the Town whether they want to act on this, it is subject to permissive referendum. Chairman lrish-I will add that we will be bidding Supervisor Brower-Where is the funding coming from? Town Counsel Hafner-I just wrote it up today, the proposal that I under stood which I never heard from any of the five of you until I walked in seven minutes before the Town Board Meeting, was that it is to come from the Rec. Commission Funds. That is a capital reserve fund it is a general type of capital reserve fund and as that type of a fund when you get where you have a specific project then the Town Board can authorize spending for the purposes that are in the Town Code it can be used for, parks, playgrounds that sort of things, recreational facilities. But, it is subject to a thirty day referendum period. Supervisor Brower-So, moving the capital project forward isn't required before we take an action like this? Town Counsel Hafner-I do not know what Henry's what type of thing Henry prefers to do in setting up his accounts, but this would legally work to start the process going. I had understood from the memo's that the Town Board might take some more time to act on it then it would only push things two weeks so I thought I would act when I got more guidance. Councilman Boor-It is not a segmented thing as written it is only, we are not guaranteeing anything above and beyond the $19,000. Chairman Irish-No and we are going to bid the construction consultant portion of it when we let the bids out. Councilman Stec-Requested the reading of the resolution. Town Counsel Hafner: WHEREAS, the Town Recreation Commission is considering proposing a new recreational facility, and WHEREAS, the Town Board wants to facilitate the Town Recreation Commission's study of and planning for this project, and WHEREAS, the Town Recreation Commission has requested that the Town Board authorize the Town Recreation Commission to engage the professional services of GDF Management Associates, Inc., and to use funds from the Recreation Capital Reserve Fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Town Recreation Commission to engage the professional services of GDF Management Associates, Inc., in accordance with their proposal to the Town dated May 16th, 2003 in an amount not to exceed $19,050, and I understood that you said you had copies for whole town board. Chairman Irish-Yes, I gave each.. Town Counsel Hafner-I have a copy, he gave me a copy... Supervisor Brower-My understanding is the threshold is twenty thousand dollars and this is nineteen thousand fifty. Chairman Irish-We do not expect it reach that to be quite honest with you because his bid is billed on an hourly basis so between the planning committee chairman and myself we pretty much are going to watch the clock and we believe it will come in probably around fifteen thousand. I do not think we will exceed that. Supervisor Brower-You mentioned that this individual was recommended by Chairman Irish-Tom McGowen at Glens Falls Schools and I do not have the name of the gentleman at the Fort Ann Schools but he also ..Steve Black, has also dealt with him and gives him very high recommendations for the work that we are planning on having him do. Town Counsel Hafner-Would you like me to finish reading the proposed resolution? And BE IT FURTHER RESOLVED, that the Town Board directs that the Town use funds from the Town's Recreation Capital Reserve Fund, and BE IT FURTHER RESOLVED, that this resolution shall be subject to Permissive Referendum, and BE IT FURTHER RESOLVED, that the Town Clerk shall post and publish as required by law and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take such other and further action as may be necessary to effectuate the terms of this Resolution. Councilman Stec-For purposes of discussion I will move it. Councilman Boor-I will second it. Councilman Brewer-I have one question Doug, it is really not relevant to this but, how much money do you have in that account and how much is left now? Chairman lrish-A little over six hundred thousand. Councilman Brewer-This year was six hundred, right? Chairman Irish-We moved about three hundred thousand out for the purchase of the Hayes Property and purchase of the Meadowbrook property, two hundred thousand there, so we are a little over four hundred thousand dollars left in that fund. But, we do have other Councilman Brewer-If you took three hundred out from six that is three to me. Chairman Irish-Two hundred I mis- spoke. I got one hundred and forty I think for the Glen Lake property and sixty I believe for the Hays Property. But we have projects on going VanDusen and Steves is doing a survey for us a topo survey of Ridge Jenkinsville for a master plan, build out plan for that. Councilman Brewer-That is no significant amount of money though is it or isn't it? Chairman lrish-A little less than ten grand but we expect to spend probably another between sixty and a hundred thousand there this summer to put some improvements in there as well as study an expansion at Gurney Lane, Hudson River Park so they are probably going to be pretty close to zero here pretty quick. Councilman Stec-But your timing for those projects as an aside this is not germane of what we are talking about. It is good to try and move on some of these smaller projects this year because of the construction. Chairman lrish-I do not think it is one or the other I think it is something we can move along and move them all at the same time. Councilman Stec-Because the construction at the school is going to completely impact all the town recreation programs. Chairman Irish-We have even spoken with the Seniors and we are of a mind set now to provide more of a community center type of facility as well. To incorporate the seniors as well. It is important to move it along and it is important not to put the other ones on the back burner. We have made some, I will not say commitments but we did speak to the people, the neighbors on Ridge Jenkinsville that would like to see some additional amenities out there that they were shown at the conceptual phase of that park that just never materialized. It is our mission to move forward with that and provide them with probably a tennis court and a basketball court and we will see what else we could do. Rick Missita has given us a good bid for doing the paving out there. They wanted a parking lot paved and we got a super bid from Rick so we will move forward with that and get that done at least. Supervisor Brower-During our workshop session we talked about the utilizing bring this to public referendum for approval by all the citizens of Queensbury, once the project parameters and costs are established. What are you shooting for as far as that? Chairman Irish-We would like to have a capital budget, I think we had a time frame we were going to try and get it in front of the public in November to actually get the budget voted on, get it on the ballot for a public referendum. We can get through the planning process but that is another reason we want to move this along. We did not want to wait because that moves that back another three to six weeks and then we were into, we miss that deadline and we got to wait or pay to have a special election which you do not want to do either. Councilman Stec- That was the only one I wanted to introduce from the floor. 5.0 OPEN FORUM 8:07 P.M. Mr. John Carpenter-My name is John Carpenter, Chief ofW.G.F. Fire Company Noted at a workshop there was a discussion on a new brush truck, when we left the workshop we have a forty thousand dollar restricted truck fund that is scheduled for us this year, the new brush truck is going to cost seventy six thousand dollars. By word of mouth in the 2002 budget we were promised our truck fund back but it was not put in the budget, requested that the Town Board if they would front us the thirty six thousand dollars that was promised to us, when we left the workshop I had a pretty good feeling that everything was going to work out and Dennis was going to get back to me, I gave it a week. Noted he spoke to Tim Brewer and he had not heard anything, called Dennis and he told me he had a week to think about it, Ted and Dennis did not think it was a good idea for us to purchase that truck because we have an existing brush unit that had six thousand miles, noted it has a little over nine thousand miles on it. The brsh truck is going to be revamped into a EMS and rope rescue vehicle it is not going to be a second brush truck, we will still be down to one brush truck. We are not trying to add to the fleet, we are trying to update existing equipment that we have. Supervisor Brower-Noted we have the money if we wanted to spend it. Noted he did not speak for the whole board, just for myself. Mr. Carpenter-Questioned where we are going with this? Councilman Boor -Noted he felt the biggest concern right now is the roof. You have to understand that you are increasing the fleet when you convert it into an ambulance and buy another vehicle. It is very hard in these times with the money that gets talked about whether it is a surplus or whatever to justify to the public that we have got to replace a truck that has nine thousand miles on it. We have to be responsible to the taxpayers and we discussed different scenarios of fighting fires on hills and I spoke to a lot of people on that to, and the fact that you have head pressure from a tanker of two thousand gallons per minute means that you when it gets to whatever I do not think the five hundred to three hundred gallon per minute differential is a big deal when you have got two thousand pushing it. Mr. Carpenter-Line size, it does though. When you do not have the adequate attack line, a house fire that is up in the woods and you got a one inch forestry line coming off a brush truck to fight a house fire you cannot fight a house fire with one inch. Councilman Boor-I am not sure that the one you are getting is going to be any better, it might have a little bit bigger line but it still has to be fed by tankers. Mr. Carpenter-What I am getting at I cannot physically get the size of the trucks that we have now besides our brush truck in to some of these driveways that the planning board gives these people the ok to put in. Councilman Boor-Run the line from the tanker up those driveways. Mr. Carpenter-What would you put up at the house. Councilman Boor-Your brush truck. Mr. Carpenter-It is not adequate, I do not have the adequate lines on that truck. You fight a house fire with an inch and three quarter line or two and a half. I got one inch brush hoses on that truck that is all we have. If you guys would understand a little bit more about fire service. Suggested that the Board call the Chiefs of the fire company and we will talk to you. Councilman Boor-I prefer to call other fire departments also to get an idea of what everybody... Supervisor Brower-Noted I think the Board has approached this with an open mind and basically we were trying to get information from you. We were surprised that you came in with an early in effect early replacement of a brush truck. Mr. Carpenter-About six months. Supervisor Brower-Well two years really if you keep them twenty years. Mr. Carpenter-Noted we did talk about the roof but I clearly talked to Tim and I wanted to get on the workshop for the brush truck not the roof as you could see when I came in. Councilman Boor-I thought we were talking roofs and we were trying to find money for roofs. I am telling you what our impression was why you were coming in. When you started to talk about brush truck I am going, wait a minute, we are not prepared to talk about that. You were essentially asking us to give you money or allocate money that night. Mr. Carpenter-We do have forty thousand dollars restricted truck fund that is legal to spend. Councilman Boor-But you were asking for more than that. Mr. Carpenter-Thirty six thousand that was supposed to be in our 2002 budget but is slipped somebody's mind to put it in our budget in 2002. So we would have had the money if that money was put in there, is what I am trying to tell you. By word of mouth you guys said in 2002 yes it will be in your budget. But is slipped someone's mind to put it in there. Councilman Stec- That is true because I remember you showing us the minutes it was omitted. Mr. Carpenter-That is all I have asked the Town Board for. I am not here to spend the towns money foolishly, I am not, because I am a tax payer in the town also. I just would like to know which way we are going with this? Supervisor Brower-I am not prepared to give you an answer tonight but I think the Board. Mr. Carpenter-I waited a week for an answer and a call back from you Dennis and you did not call me I had to call you. Supervisor Brower-And I gave you your answer. Councilman Brewer-What are you saying Roger do you want to talk more about it in other words. Councilman Boor-I would like an opinion from the other end, I do not hear anything. Councilman Stec-In my opinion we talked about this a week ago and I thought we had a consensus that we were going to go for it. Councilman Boor-I thought we did not even know how much we had in that fund last week. Councilman Stec- That was the only question outstanding but as far as whether or not we were... Supervisor Brower-I do not believe that we had a consensus. Councilman Stec-I thought we had at least four. Councilman Brewer-Providing we had the money we did not know whether we had sufficient funds we were going to find that out the next day or two. Councilman Boor-That did not mean that if we had it we were going to give it I thought we were going to find out what we had and go and discuss from there. Councilman Stec-I did not hear a sole say they did not want to do it. I left with the impression Councilman Boor-I well I did not hear a sole say they wanted to. Councilman Stec-I left with a strong impression that we were going to. Supervisor Brower-Noted he cannot support the brush truck...the reason I cannot support it, it is not twenty years old, it has got less than ten thousand miles on it, it is in fine condition except it could use a bigger pump and hoses, it gets up the mountain and handles fires. Mr. Carpenter-Like I told you on the phone, West Glens Falls has been up front with you and we always get it stuck. Supervisor Brower-You have good integrity and I told you that. Councilman Boor-You guys get everything you want. Councilman Brewer-We discussed with W.G.F. the purchase for the EMS Company to move their building they agreed to sell at a reduced rate in turn and take that money and apply it to their building fund to pay for that roof. Councilman Boor-We are getting a roof, if we could open the bids tonight we would open and award it, but we cannot do that tonight because it is not the 21st. Councilman Brewer-You are putting this persona on that we just open our hearts to these people every time they come here and in my opinion I think John is right. They simply come in maybe the communication from me wasn't that they wanted to just talk about the brush truck, I will take the blame for that, but we weren't prepared to know about the roof any more than we were prepared to talk about the brush truck. So, that's irrelevant. In my mind we left on the consensus if we had the money we would try to find a way to do it. If the pump that is on the truck maybe we should look at it in a different way, John, maybe if the pump could be taken off that truck and put a new pump system on I do not know, I am not a fireman, I do not know these things. You guys do that and if you guys say that is the best way to do it I have to take your word. Mr. Carpenter-This is a proposed seventy six thousand dollars.. Councilman Brewer-But we are also talking about taking a four hundred thousand dollar fire truck and sending it out on EMS calls so they are thinking about using fifteen year old truck that is worth ten thousand dollars and doing that with it, so what do you want to ruin a four hundred thousand dollar truck or a ten thousand dollar truck if something happens and we get into an accident? I think that is what they are thinking about when they are talking about it. I support doing it. Councilman Turner-John can you offer us any specifications of that in more detail than what you offered tonight? Mr. Carpenter-As in what Ted? Councilman Turner-As to the truck that you proposed to buy and the tank that is on there, two hundred gallons more than the one you have got on? Mr. Carpenter-Exactly. I checked today and the pump that is on the existing truck, is a two hundred and forty gallon per minute brush fire pump. The new one is a five hundred GPM. I will have a three hundred water, I can up that to four hundred gallons of water on that cap and chasse. Councilman Turner-The discharge line is what? Mr. Carpenter-There is going to be two discharge lines that will accept an inch and three quarter fire fighting hose, structural fire fighting hose and there is an additional four out lets for brush fire hose. Councilman Stec-John didn't you say that the price you got for the truck itself is less than what we could get from State Contract? Mr. Carpenter-Yes it is. If you need any more information on the truck you can call me. Councilman Turner-I want to go look at your other truck first. Councilman Boor-I would like to see that too. Councilman Turner-Then we can balance from the old truck to the new truck and see what the differentials are. Councilman Boor-If you run two and one three quarter hoses off of, in other words you are going to get the same pressure off from each hose that you get on one hose now. You get two forty per minute on what you have. Mr. Carpenter-Yes. Councilman Boor-Now you are going to go up to one and three quarters with two lines so you are going to have a reduction in pressure aren't you? Mr. Carpenter-Yes, there will be, a little bit but not that much. Councilman Boor-Those are the kinds of things that Ted is talking about and that I am interested in. You come up with these numbers but the bottom line is I am not sure how effective it is? Maybe it is? It is the first we heard about it was last week. Mr. Carpenter-I know where you are coming from and I understand what you are talking about, but if your feeding it, if that truck is up into a house on the mountain and I am feeding it with a two thousand gallon per minute pump I can put as much pressure out of the two hand lines as I want because am not using the pump that is on the truck. Councilman Boor-What about upgrading the pump on the existing truck if it is only got nine thousand miles on it? Wouldn't that be a really reasonable solution to this? Mr. Carpenter-Because I cannot get that size pump in water on that truck. If we use this truck in the woods for a brush fire we do not use the same it is a totally different set up. I wish that you guys would come and ride with us once. Councilman Stec- The older truck the eighteen or nineteen year old truck, that one is physically you have a hard time getting that into where you need to get it into. Mr. Carpenter-No, not really, but the payload capacity on the old truck is eighty six hundred pounds the new capacity is seventeen thousand five hundred. There is big difference there that I can get a lot more equipment and a lot more water on the truck. Can I get an answer which way we are going with this? Councilman Boor-We are going to look at what you have and we are going to talk about what you are proposing. I want to see physically what this stuff looks like. Mr. John Salvador-Discussion regarding the recreation commission is it clear that these professionals that are engaged in the early stages of a project are precluded from bidding on the final project in their capacity? Town Counsel Hafner-It is not state law nor is it town policy, whether the Town thinks that that is appropriate it is up to the Town Board and the Rec Commission to decide whether they think that is an appropriate policy. Under State Law the Town could hire a professional to do the whole job and professional services is excluded from the bidding requirement. Mr. Irish-He is not bidding on either the architect or the structure nothing, he is not bidding on any of that. He will review bids. Mr. Salvador-RE: Letter from Baybridge Home Owners Assoc. I have a concern regarding Baybrook, noted he submitted a F.O.I.L. request asking for the annual report that was to be prepared by the developer for the project and I wonder if that is available yet? Supervisor Brower-I have not heard from Community Development at this time. Mr. Salvador-Noted that his concern was that the Baybrook system is undersized. Town Counsel Hafner-Noted that there is a proposal that we believe will be coming in soon for a transportation company to have a franchise to provide wastewater treatment to an area in this general vicinity we have not yet received it. I do not know whether it will include BayBrook. It is supposed to include property owned by Mr. Schermerhorn, the Valente and by Baybridge. I cannot tell you more until I see the plan. Mr. Salvador-We had a public hearing a district established... Town Counsel Hafner-It was subject to conditions, those conditions were not met it was rescinded. Mr. Salvador-I would like a copy of that annual report. RE: Great Escape interested in the sales tax that the Town and County is not getting. Supervisor Brower-Suggested he speak to the Warren County Treasurer. Mr. Salvador-Suggested that the Town sue the Department of Taxation and finance for not performing his duties. Councilman Brewer-That is not the thing to do, there are other ways. Mr. Salvador-RE: Special Use Permits Marina's need permits by January 1,2004 The Town should let the people know who are operating without a special use permit. All marinas are conducting commercial activity in a residential zone, that is a violation of your ordinance. Mr. Douglas lrish-8 Buena Vista- I just wanted to clarify for the benefit of the board that the consultant that we are contemplating hiring will not be bidding on any of the construction phases of this and were he to do so I do not think we would consider his bid anyway, because it gives an appearance of a conflict. Mr. Dave Strainer-1l24 Ridge Road RE: 6.1 Adopt a sign post...what was the objection to not doing it before? Councilman Turner-Liability. Councilman Boor-And esthetics. Supervisor Brower-Noted the public must come in and sign a release basically...there is going to be a standard color. Mr. Stainer-Re: 6.12-6.13-6.14 what are those in reference to? Councilman Boor-Re-assessments of property values. Mr. Strainer-Who comes up with the assessment? Supervisor Brower-The Town Assessor... Asked if anyone else cared to address the board? No one spoke Open Forum closed. 6.0 RESOLUTIONS RESOLUTION AUTHORIZING ADOPTION OF TOWN ADOPT-A-SIGNPOST PROGRAM RESOLUTION NO.: 250,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Dennis Brower WHEREAS, the Town Supervisor has proposed adoption ofa Town of Queensbury "Adopt-a- Signpost" Program whereby Town of Queensbury residents may adopt a street or traffic signpost with the intention of cleaning up, repainting and/or improving the signpost, and WHEREAS, the Town Board wishes to authorize the Adopt-a-Signpost Program, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town of Queensbury Adopt-a-Signpost Program and the related Agreement and Release presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute copies of the Agreements and Releases to interested Town residents, obtain executed Agreements and Releases from Town residents, file the fully-executed Agreements with the Town Clerk and take all action necessary to effectuate the terms of the Adopt-a-Signpost Program and this Resolution. Duly adopted this 19th day of May, 2003 by the following vote: AYES Stec, Mr. Brewer, Mr. Brower Mr. Turner, Mr. NOES None ABSENT: None ABSTAIN: Mr. Boor Discussion held before vote: Town Clerk Dougher-Suggested that the Town Clerk's Office or Highway either one be listed not two...The Board agreed to have just the Town Clerk's Office have the release forms ... Town Clerk also suggested that the form be notarized ... agreed to by the Board...resolution was changed to reflect the suggestions. Councilman Boor-I think it has good intent I am not sure it is a good idea. RESOLUTION AUTHORIZING HIRING OF MICHAEL CARR TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. :251, 2003 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. Theodore Turner WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Michael Carr to work part -time for the Department as a seasonal Recreation Specialist (Lifeguard and Swim Lesson Instructor), 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 Michael Carr is the son of Elise Carr, the full-time Town Aquatic Supervisor, and WHEREAS, Michael Carr worked for the Town for two years as a seasonal Recreation Specialist prior to Elise Carr being hired full-time by the Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Michael Carr to work for the Town's Department of Parks and Recreation as a part-time, seasonal Recreation Specialist effective May 24th, 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 19th day of May, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF FREDERICKA RAMSEY TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 252, 2003 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Fredericka Ramsey to work part -time for the Department as a seasonal Park Maintenance employee responsible to plant and maintain the flowerbeds and other floral garden display areas at all Town Parks, 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 Fredericka Ramsey is the mother- in-law of Simone Ramsey, the full-time Parks and Recreation Department Senior Typist, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Fredericka Ramsey to work for the Town's Department of Parks and Recreation as a part-time, seasonal Park Maintenance employee effective May 20th, 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 19th day of May, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CAMMIE LA PLANCHE AS PART-TIME CLEANER RESOLUTION NO. : 253, 2003 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Facilities Manager has advised that due to the retirement of James Montgomery in the Building and Grounds Department, it is necessary to hire a part-time Cleaner, and WHEREAS, the Facilities Manager advertised for the position, reviewed resumes, interviewed interested candidates and has made a hiring recommendation to the Town Board, and WHEREAS, the Town Board wishes to authorize such hiring, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Cammie LaPlanche as a part-time Cleaner effective May 21 st, 2003 subject to satisfactory completion of a pre-employment physical and subsequent satisfactory completion of an eight (8) month probation period, and BE IT FURTHER, RESOLVED, that Ms. LaPlanche shall be paid a wage of $9.32 per hour for 35 hours of work weekly to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Comptroller and/or Facilities Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ROBERT SMITH AS TEMPORARY PART-TIME CLASS B LABORER TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO. : 254, 2003 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a temporary, part -time Class B Laborer to perform inspections at Shore Colony to meet New York State Department of Health requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert Smith as a temporary, part-time Class B Laborer to work for the Town Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, effective May 20th, 2003 through November 1st, 2003, and BE IT FURTHER, RESOLVED, that Mr. Smith shall be paid $11.19 per hour as set forth in Town Board Resolution No.: 499,2002 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, 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 19th day of May, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROVIDE ENGINEERING SERVICES RELATED TO PROCUREMENT OF ARCHEOLOGICAL INVESTIGATIONS RELATED TO MAIN STREET CONNECTOR ROAD RESOLUTION NO.: 255,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 251.2001, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.c. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan, and WHEREAS, by Resolution No.: 85.2003, the Town Board authorized engagement of Barton for the design of the Main Street Connector Road, and WHEREAS, the Town's Executive Director of Community Development has advised that his office prepared the necessary permitting inquiries to the New York State Office of Parks Recreation Historic Preservation (NYS) and NYS is requiring the Town to conduct a Phase I Cultural Resources Survey (archaeological investigation) on the proposed Main Street Connector and therefore it is necessary that the Town engage the additional services of Barton for the procurement of such required archaeological investigation, and WHEREAS, Barton has offered to provide the additional services by engaging subconsultant Hartgen Archeological Associates, Inc. to provide the archaeological investigation(s) for an amount not to exceed $9,500 - $3,900 for Phase IA Literature Review and $5,600 for Phase IE Field Reconnaissance should it be required by NYS as delineated in a copy of Barton's May 1st, 2003 proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.c. for the provision of engineering services in connection with the procurement of archaeological investigations related to the design of the Main Street Connector Road as delineated in Barton & Loguidice, P.c.'s May 1st, 2003 proposal presented at this meeting for an amount not to exceed $9,500 - $3,900 for Phase IA Literature Review and $5,600 for Phase IE Field Reconnaissance if required by the New York State Office of Parks Recreation Historic Preservation (NYS), and BE IT FURTHER, RESOLVED, that payment for such engineering services shall be from Consultant Services Account No.: 001-1440-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to execute any documentation and take such other and further action necessary to effectuate all terms of this Resolution. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION REQUESTING SEQRA LEAD AGENCY STATUS IN CONNECTION WITH WATER TRANSMISSION SYSTEM IMPROVEMENTS RESOLUTION NO. 256, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 176,2003 the Queensbury Town Board authorized engagement of Barton & Loguidice, P.c., Consulting Engineers, for the provision of engineering services related to the design of transmission enhancements to the Town of Queensbury's water system, such enhancements being the installation of approximately 4.8 miles of water transmission main, and WHEREAS, in accordance with the coordinated review procedures of the State Environmental Quality Review Act (SEQRA), the Town of Queensbury wishes to be designated as the SEQRA Lead Agency for the proposed improvements project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby indicates its wish to be Lead Agency for SEQRA review of the proposed water transmission system improvements referenced in this Resolution and authorizes and directs the Town Water Superintendent to send a copy of the Part I of the Short Environmental Assessment Form presented at this meeting along with a certified copy of this Resolution stating the Town Board's intention to be declared Lead Agency to any and all communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 257.2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2003 Town Budget as follows: LF. TRANSFER: FROM: TO: $ AMOUNT: 01-9950-9013 XFER QEDC 01-6989-4429 (Ec. Devel. QEDC) 150,000. (LF. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, NOES None ABSENT: None RESOLUTION TO AMEND 2003 BUDGET - EMPLOYEE SALARY TRANSFERS RESOLUTION NO.: 258,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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, and WHEREAS, the Queensbury Town Board has set the Year 2003 employee salaries and so appropriations need to be adjusted accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2003 Town Budget as delineated on the attached schedule to this Resolution. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR DEXTER SHOES RESOLUTION NO.: 259,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Dexter Shoes has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 2nd through June 7th, 2003 in the parking lot located at 1499 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, the Warren County Planning Board also reviewed the applicant's prior applications and recommended approval of the prior applications, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code ~ 160- 8, the Queensbury Town Board hereby grants a Transient Merchant/ Transient Merchant Market License to Dexter Shoes to conduct a transient merchant market in the parking lot located at 1499 State Route 9, Queensbury, subject to the following: 1. Dexter Shoes must pay all fees as required by Town Code Chapter 160; 2. Dexter Shoes must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Dexter Shoes must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 2nd through June 7th, 2003 from 9:00 a.m. to 6:00 p.m., and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Dexter Shoes must comply with all regulations specified in Town Code ~160-8. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT GREAT ESCAPE THEME PARK ON JUNE 6TH, 2003 RESOLUTION NO.: 260,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Americade, Inc., has requested permission to conduct a fireworks display as follows: SPONSOR: Americade, Inc. PLACE: Great Escape Theme Park DATE: Friday, June 6th, 2003 TIME: 9:30 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law (405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of Americade, Inc., subject to the following conditions: I. An application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Company, Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed 0 in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY MICHAEL CHRYS RESOLUTION NO.: 261,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Michael Chrys previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning property located on Lockhart Mountain Road, Queensbury (Tax Map No.: 239.18-1-5) for the 1997/98 and 1998/99 tax years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, counsel for the Lake George Central School District has advised that upon Town Board approval of the proposed settlement, counsel will also recommend School Board approval, 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 Michael Chrys for the 1997/98 and 1998/99 tax years concerning property located on Lockhart Mountain Road, Queensbury, Tax Map No.: 239.18-1-5 in accordance with the following revised assessment values: Tax Year: 1997/98 1998/99 Current Assessment $52)00 $42)00 $52)00 $42)00 Revised Assessment and BE IT FURTHER, RESOLVED, that if the Court presiding over these cases determines that Section 727 of the Real Property Tax Law is applicable to their settlement, then the assessments on the subject property, Tax Map No.: 239.18-1-5, for the three tax years following tax year 1998/99 shall also be revised, in accordance with the following schedule: Tax Year: 1999/00 2000/0 I 2001/02 Current Assessment $52)00 $42)00 $52)00 $42)00 $52)00 $42)00 Revised Assessment and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Michael Chrys within forty-five (45) days from the date that a Demand for Refunds is served upon the Town of Queensbury, 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 19th day of May, 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 KONOVER PROPERTY TRUST / CPG FINANCE RESOLUTION NO.: 262,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Konover Property Trust previously commenced an Article 7 Real Property Assessment Review case for the 2001/02 tax year against the Town of Queensbury concerning a certain parcel located on Route 9 and identified as having Tax Map No.: 288.12-1-17, and WHEREAS, CPG Finance (CPG) bought such property and commenced Article 7 Real Property Assessment Review cases against the Town for the 2002/03 tax year, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, counsel for the Lake George Central School District has advised that upon Town Board approval of the proposed settlement, counsel will also recommend School Board approval, 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 Konover Property Trust / CPG Finance (CPG) for the 2001/02 and 2002/03 tax years concerning the property identified as Tax Map No.: 288.12-1-17 in accordance with the following revised assessment values: Tax Year: 2001/02 2002/03 Current Assessment $3,189,300 $3,189,300 Revised Assessment Unchanged $2,100,000 and BE IT FURTHER, RESOLVED, that this Board acknowledges that the Assessor will set the 2003/04 assessment of the subject parcel at a value of $1,700,000 and that such value shall remain unchanged for the 2004/05 and 2005/06 tax years, or until such time as the Town adopts a Town-wide revaluation or the Petitioner alters the subject parcel or its use in a manner that would render the assessment otherwise subject to revision under Section 727 of the Real Property Tax Law, and BE IT FURTHER RESOLVED that the assessment revisions set forth and approved in this Resolution are contingent upon Konover discontinuing its Article 7 Real Property Assessment Review case for tax year 2001/02, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds with interest to CPG within forty-five (45) days from the date that a Demand for Refunds is served upon the Town of Queensbury, 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 19th day of May, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY STARVIEWMEDIA RESOLUTION NO.: 263, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Starview Media (Starview) previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning property located at 89 Everts Avenue, Queensbury (Tax Map No.: 302.8-2-4) for the 1997/98, 1998/99 and 1999/00 tax years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District has advised that upon Town Board approval of the proposed settlement, counsel will also recommend School Board approval, 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 Starview Media (Starview) for the 1997/98, 1998/99 and 1999/00 tax years concerning property located at 89 Everts Avenue, Queensbury, Tax Map No.: 302.8-2-4, in accordance with the following revised assessment values: Tax Year: Current Assessment Revised Assessment 1997/98 1998/99 1999/00 $179,900 $233,500 $233,500 $154,117 $154,117 $154,117 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Starview within forty-five (45) days from the date that a Demand for Refunds is served upon the Town of Queensbury, 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 19th day of May, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORERS IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. : 264, 2003 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire four (4) temporary Laborers to work for the summer for the Town's Highway Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Richard Carpenter, Patrick Clark, Stephen Jacox and Anthony Naylor as temporary Laborers to work 14 weeks this summer for the Town Highway Department commencing May 21,2003, and BE IT FURTHER, RESOLVED, that such temporary employees shall be paid $11.19 per hour as set forth in Town Board Resolution No.: 499,2002 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, 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 19th day of May, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING FREE TIRE DISPOSAL DAY RESOLUTION NO.: 265, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury's Solid Waste Facilities Operator has recommended that the Town Board authorize the free disposal of tires for one day on Saturday, July 19th, 2003, at the Town's two Transfer Stations for Town of Queensbury and City of Glens Falls residents only, and WHEREAS, the Town Board wishes to authorize the free tire disposal day, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a Free Tire Disposal Day to provide for the free disposal of up to four (4) tires per family for Town of Queensbury and City of Glens Falls residents only, on Saturday, July 19th, 2003 from 7:30 a.m. to 3:00 p.m. at the Town of Queensbury's two Transfer Stations, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town's Solid Waste Facilities Operator to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALITY DEVELOPMENT RESOLUTION NO.: 266, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Northeast Reality Development (Northeast Reality) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 3rd, 2003 through June 8th, 2003 in the parking lot at 1652 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, the Warren County Planning Board also reviewed the applicant's prior applications and recommended approval of the prior applications with the condition that the applicant coordinate traffic control with the Warren County Sheriffs Department, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code ~ 160- 8, the Town Board hereby grants a Transient Merchant/ Transient Merchant Market License to Northeast Reality DevelopmentlNaomi Polito to conduct a transient merchant market in the parking lot located at 1652 State Route 9, Queensbury, subject to the following: 4. Northeast Reality must pay all fees as required by Town Code Chapter 160; 5. Northeast Reality must submit a bond in the amount of $10,000 as required by Chapter 160; 6. Northeast Reality must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 7. The License shall be valid only from June 3rd through June 8th, 2003 from 9:00 a.m. to 10:00 p.m., and the license shall expire immediately thereafter; 8. This approval is conditioned upon Northeast Reality coordinating traffic control with the Warren County Sheriffs Department; 9. The Transient Merchant License shall not be assignable; and 10. Northeast Reality must comply with all regulations specified in Town Code ~ 160-8. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None 7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR RESOLUTION AUTHORIZING RECREATION COMMISSION TO ENGAGE CONSULTATION SERVICES OF GDF MANAGEMENT ASSOCIATES, INC. IN CONNECTION WITH PROPOSED QUEENSBURY RECREATIONAL FACILITY RESOLUTION NO.: 267.2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury Recreation Commission is considering proposing a new recreational facility, and WHEREAS, the Town Board wants to facilitate the Town Recreation Commission's study of and planning for this project, and WHEREAS, the Town Recreation Commission has requested that the Town Board authorize the Town Recreation Commission to engage the professional services of GDF Management Associates, Inc., and to use funds from the Recreation Capital Reserve Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Recreation Commission to engage the professional services of GDF Management Associates, Inc., in accordance with their proposal to the Town dated May 16th, 2003 in an amount not to exceed $19,050, and BE IT FURTHER, RESOLVED, that the Town Board directs that the Town use the funds from the Town's Recreation Capital Reserve Fund, and BE IT FURTHER, RESOLVED, that this Resolution shall be subject to Permissive Referendum, and BE IT FURTHER, RESOLVED, that the Town Clerk shall publish and post as required by law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None 8.0 TOWN BOARD DISCUSSIONS Councilman Boor-We are coming of the age where if we do have a budget surplus then I think we should use it to consider televising these town board meetings again. In a community where both parents work I think it is not reasonable to assume that they can make every Monday night and I think we are not educating the public and we are making it difficult for the public to understand what really happens in this room and how important the decisions are and we do have people that work very hard. It is too easy for misrepresentations and untruths to be doled out, and I think we need to seriously look at televising these meetings again. Councilman Brewer-Do you have any idea how much that would be? Councilman Boor-No, noted it is something to think about. Councilman Stec-Noted that maybe there would be students from ACC and we would invest in the equipment. Councilman Boor-I am not sure what the TV station would accept. Supervisor Brower-Actually I have already looked into this, it is pretty basic, the ACC can come in and film it as part of the students education, and I talked to John at Adelphia Cable and he will provide free public access channel, channel 2. Councilman Stec- The more people that see these meetings the better our government will be. Councilman Boor-And the more educated the people will be. Discussion held to have a workshop on this item. Councilman Brewer-I would just like to remind everybody about the Memorial Day Parade Monday Morning at 10:00 o'clock. Spoke about the poster contest -Queensbury and Glens Falls students...there will be essays read one from Queensbury one from Glens Falls... Supervisor Brower-The VFW will be having a parade on Monday at 5:00 P.M. RPM Entertainment in Hudson Falls has a fifteen year contract with Great Escape to put on a car show, the dealers in the area will participate and have selected cars at the Great Escape parking lot, people can test drive the cars if they test drive they get a free pass to the Great Escape. They have requested the use of a banner on our sign post at Bay and Quaker. Our policy is only non profits can utilize that space, it does bring up the idea that the Town Board might want to consider some exceptions to that rule, whether we allowed him exclusive placement on the banner. Noted the space was available, the other thought that maybe we would keep the non profits at the top available and then just underneath have a space for a banner like this if we deemed it appropriate, and it benefited the Town of Queensbury and its businesses. Discussion held-Councilman Boor-My initial thought that is not what it is there for...turning it into a billboard would be a mistake I think. Councilman Stec-I think we should stick with our non profit policy. We have a consensus to stay with the existing policy. Supervisor Brower-CSEA has requested a meeting, currently there is an issue for stage II, they have requested to meet with us with the emergency situation on Garrison and I went back to them after informally discussing it with the Board and told them what we would consider, they have rejected that, they would like to meet with the full board in a stage III grievance proceeding, they have requested 7:00 P.M. on Thursday May 22nd or 7:00 P.M. Tuesday May 27th. Councilman Boor-I can't on the 22nd. Councilman Stec-I can't either. Supervisor Brower-How is the 27th for everybody, 7:00 P.M. will that work for the Board, if it doesn't we can go back and get other dates. Councilman Stec-I am pretty tight on the 27th. Ask they for a couple other dates, the 27th makes me a little concerned. Councilman Boor-I cannot make it from June 3rd thm June 12th. Councilman Brewer-Is there a time frame that we have to do this in? Town Counsel Hafner-Yes There is a certain time frame, we are well past the time frame but they have asked for it to be extended and we are still within their coming up with a time that is convenient. Supervisor Brower-How is Wednesday the 28th for Board Members? Councilman Stec- That might be better. Supervisor Brower-7:00 P.M. Councilman Brewer-Let us know. Councilman Stec-I can do 7:00 P.M. on the 28th. Supervisor Brower-That is when I will propose to do it. Town Counsel Hafner-Dennis,have you talked to Kathy I am curious whether I need to make sure she is available that night. Supervisor Brower-I have not talked to Kathy, no. Town Counsel Hafner-I will talk to her tomorrow. Councilman Stec-Let us know when it is firm. Supervisor Brower-That may not be good for the Union either I am not sure but at least it is good for the Board, we will propose that. 9.0 ATTORNEY MATTERS Town Counsel Hafner-Noted he spoke with Reliant which is the company that got the dam from Niagara Mohawk and asked them where they are in the process. I understand from them that Federal Agency decided that they need to go through an environmental review that they did the publication that is required the period has passed with no comments and he said that he expected fairly quick action. They do not have a firm date. I will let you know when I hear more. Noted letter presented to each board regarding a litigation matter proposal to settlement... We have the two closing for the recreational properties which we will be scheduling for later this week for the following week. Supervisor Brower-We have had people complaining about speeding on Bay Road, contacted the Sheriffs Office by letter and also the State Police. The State Police was very responsive the zone Sergeant said he would get on it right away. We have had increased enforcement by both County and State Police. Receive a visit from a State Police Officer requested that the Town consider in the upcoming budget process purchasing a radar unit for $2,000. I told him we had discussed that last year and we said we were not going to consider that, that we felt they should use DWI funding to buy the radar equipment. He indicated that they have three units and that some of them are down periodically and it does create problems for them. Executive Director Chris Round- 1. Received the second draft of the Karner Blue Butterfly Habitat Management Plan we have provided comments to CT Male, we have forwarded it to DEC and US Fish and Wildlife...it looks like we will develop it as a generic environmental impact statement. We will be back to you in a few weeks with some comments and a scope of work that is necessary to get it to the next level. 2. Meeting tomorrow with Niagara Mohawk to have the results of the preliminary engineering for under ground utilities on Main Street the cost estimate... 3. Week of June 2nd. We received notice that Clough Harbor Associates is working on the Main Street Project is also working on the scoping on the Exit 18 interchange improvements, they have a document that they are going to share, listing the alternatives. 4. 9 and 254 The week of June 9th we will have actual report from Sear Brown Associates with the alternatives solutions ... after that is worked internally and shared with the Board there will bepublic information session to receive public comment. 5. With our rezoning schedule we are looking for a June 9th workshop to look at four applications. 6. Open Space Plan we made a presentation a week ago Friday to Adirondack Park Agency, Marilyn made a presentation to Warren County Planning Board last Wednesday, we will be speaking to Citizens for Queensbury on Thursday of this week...we are continuing our outreach on the plan. The public hearing on May 6 was a terrific turnout and terrific comments provided by the public. We will be responding to those comments that may shape and alter the plan in some respects. We are still on schedule, you will receive a draft responsiveness report it will be the work of the Open Space Committee but you will see that before it goes out to the public and how we address some of the comments received. We are looking to put that together with a report a final version for you to entertain in June. Supervisor Brower-Informed the Board of an accident at Town Hall, Mrs. Hicks fell off a ladder and hurt and was taken by ambulance to the hospital... Town Clerk Dougher-Noted that she will be seeing her physician tomorrow the first notice was a sprained back as far as they can tell right now... Supervisor Brower- We wish her well and it was an unfortunate accident. RESOLUTION CALLING FOR ADJOURNMENT RESOLUTION NO. 268.2003 INTRODUCED BY: Mr. Theodore Turner, WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Session. Duly adopted this 19th day of May, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury