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2003-01-06 ORG Organizational Meeting, 01-06-2003, Mtg #1 420 ORANIZA TIONAL MEETING JANUARY 6TH, 2003 7:05 P.M. MTG.#1 RES. 1-61 BOH 1-5 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Ralph VanDusen, W aterlW astewater Superintendent Mike Shaw, Deputy W aterlW astewater Superintendent Chris Round, Director of Community Development Marilyn Ryba, Senior planner Dave Hatin, Director of Building & codes Supervisor Brower called meeting to order. . . . PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DENNIS BROWER 1.0 RESOLUTION ENTERING BOARD OF HEATH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 1, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter as the Queensbury Board of Health. Duly adopted this 6th day of January, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - CLYDE & SHIRLEY SMITH NOTICE SHOWN 7:05 P.M. SUPERVISOR BROWER-Is the applicant or the applicant's representative here? Okay, if you'd come forward please and introduce yourself for the record. MR. CLYDE SMITH-I'm Clyde Smith, the applicant for the variance. SUPERVISOR BROWER- Thank you. Mr. Hatin is here too I see. Dave, would you like to join Mr. Smith. I take it, you've reviewed this application. Organizational Meeting, 01-06-2003, Mtg #1 421 MR. DAVE HAT IN, Director of Building & Codes-Yes, John O'Brien has spent quite amount of time with Mr. Smith to get the best possible solution we could. I believe the layout you have before you is the best alternative. COUNCILMAN STEC-You're talking about fifteen feet of relief from the hundred? MR. HAT IN, Director of Building & Codes-Right, that's the best we can do given the layout of the lot and the septic system. COUNCILMAN BREWER-And the existing is going to remain? MR. HAT IN, Director of Building & Codes-No, that's the existing tank and line, and that, he is going to reuse that, yes. So, the system will be new, so. COUNCILMAN BREWER-Where was it going the other, before this, Dave, which way? MR.HATIN, Director of Building & Codes-I believe it was right in the back. MR. SMITH- Yes. MR. HAT IN, Director of Building & Codes-Right by the septic tank behind the garage. So, it is an improved distance ... COUNCILMAN BREWER-It's just a conventional system? MR. HAT IN, Director of Building & Codes- Yes. COUNCILMAN TURNER-Elgin system. MR. HAT IN, Director of Building & Codes-Elgin system, conventional system. COUNCILMAN BOOR-That's almost conventional nowadays. SUPERVISOR BROWER-Further questions from board members? COUNCILMAN TURNER-I'm satisfied, fifteen feet is minimal relief. SUPERVISOR BROWER-Do you have anything to add Mr. Smith? MR. SMITH -No, except there's no other possibilities. SUPERVISOR BROWER-You have limited options, right? MR. SMITH- Yes. COUNCILMAN BOOR-We've granted far greater variances then this and you're the only one it's going to impact so I have no problem with it. SUPERVISOR BROWER-Okay, thank you very much. Do I have a motion? COUNCILMAN STEC- You've got to open the public hearing. COUNCILMAN BREWER-You ought to let the public speak. SUPERVISOR BROWER-Is this a public hearing? TOWN COUNSEL HAFNER- Yes. SUPERVISOR BROWER-Okay, thank you. If you'd have a seat, I'll open this public hearing up. Would any member of the public present here to comment on the application before us this evening for Clyde and Shirley Smith for onsite sewage disposal variance? Hearing none, I'll close the public hearing at this point. Organizational Meeting, 01-06-2003, Mtg #1 422 PUBLIC HEARING CLOSED 7:09 P.M. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF CLYDE AND SHIRLEY SMITH BOARD OF HEALTH RESOLUTION NO.: 1,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Clyde and Shirley Smith have filed an application for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow a replacement leach field to be located 85' from their well in lieu of the required 100' setback on their property located at 42 Jenkinsville Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on January 6th, 2003, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance, it is felt that the variance will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, Organizational Meeting, 01-06-2003, Mtg #1 423 RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Clyde and Shirley Smith's application for a variance from the Sewage Disposal Ordinance to locate a replacement leach field 85' from their well in lieu of the required 100' setback on property located at 42 Jenkinsville Road, Queensbury and bearing Tax Map No.: 279-19.1-21. Duly adopted this 6th day of January, 2003 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KENNETH AND LEIGH SEARLES BOARD OF HEALTH RESOLUTION NO.: 2,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Kenneth and Leigh Searles have applied to the Local Board of Health for a variance from Chapter 136 to allow their pump pit and septic tank to be located thirty-four feet (34') from Glen Lake in lieu of the required fifty feet (50') setback on their property located at 51 Birch Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on January 2ih, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kenneth and Leigh Searles' sewage disposal variance application concerning their property situated at 51 Birch Road in the Town of Queensbury (Tax Map No.: 289.13-1-29) and at that time all interested persons will be heard, and BE IT FURTHER, Organizational Meeting, 01-06-2003, Mtg #1 424 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 6th day of January, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION DECLARING A HEALTH HAZARD AND SETTING HEARING CONCERNING UNSAFE PROPERTY OF BILLY JOE MEADER LOCATED AT 24 GARNER STREET - TAX MAP NO.: 309.11-1-16 BOARD OF HEALTH RESOLUTION NO.3, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer DISCUSSION: SUPERVISOR BROWER-Dave, do you want to, I read your, this is the second instance of sewage discharge. MR. HAT IN, Director of Building & Codes-Right, this started back in April of 2002, we received a complaint from the neighbor, Mr. Chandler, complaining of a septic order from his neighbor's property. I investigated it, found that the septic system was over flowing on the ground. Contacted the owner, he had it pumped, at the time refused to replace it saying that his septic contractor had told him that the system was fine, it just needed to be pumped and they covered the area. That was fine until this fall about November, the end of November, we received the same complaint again from the same neighbor. Went out there, found out the dog had dug a hole in the dog yard where the dog is chained up and actually dug into the septic effluent that was leaching out from the pit. Again, citing Mr. Meader and the tenant who lives there, Ms. Manza. But I don't know if it's a girlfriend or who she is, found out that apparently Mr. Meader doesn't live at the property anymore, I've heard conflicting stories, I'm not sure. Served papers on them, ordered them to correct the situation. Received a call from Ms. Manza's mother, who works for an attorney and told me I had no right to be on the property and that there was no problem, they had it taken care of it. I talked to Cook's Septic System who pumped the tank at that time, they told me that the pit was full, they had pumped it, they figured they could clean it and buy it some more time but if the pit is full, that means it's failed basically, it's not leaching properly. COUNCILMAN BOOR-And what was the interim on these two occurrences? MR. HAT IN, Director of Building & Codes-Oh, you're talking April to November, so. Received a letter from the neighbor again who had complained and he called me tonight before I left work to tell me that he was again smelling the odor from the property in the same area. COUNCILMAN BOOR-This a single family residence? MR. HAT IN, Director of Building & Codes-Single family residence. What I suggest the board is have a hearing, what I would like to do is, if they won't take any action to correct it which is Organizational Meeting, 01-06-2003, Mtg #1 425 basically to install a new system, is to shut the water off to the house in order to vacate it until such time that they do. So, that's what I'll be asking for. COUNCILMAN BOOR-Whose living there now? Is a family? MR. HAT IN, Director of Building & Codes-It's a, there's a male, a female and I believe two children. COUNCILMAN BOOR-Oh, there are children? MR. HAT IN, Director of Building & Codes- Yes. So, they were upset because I had ordered them to fix it within three days last time, it was Thanksgiving, or I would take further action to have the place closed and they were upset. COUNCILMAN BOOR-Are these owners or renters? MR. HAT IN, Director of Building & Codes-I believe she's a renter but I can't confirm that because she won't talk to me, so and she ordered me off the property last time I was there, so I said, fine, that's why we have the order you have before you now. COUNCILMAN TURNER-Can you reach the owner, Meader, have you talked to him? MR. HAT IN, Director of Building & Codes-I've tried, the only address we have is the 24 Garner Street and the neighbor claims he doesn't live there, she also claims he doesn't live there, the tenant. So, I wanted this served on the tenant and I'll try and I'll send it certified mail but the last certified mail I got back last week and that's what forced me to take this action, so. COUNCILMAN BOOR-Bob, what happens when we serve to a tenant? I mean, is that valid? TOWN COUNSEL HAFNER-It's not the same as service on the person but it's, you want to serve on the location of the property. COUNCILMAN BOOR-Right. TOWN COUNSEL HAFNER-And you also want to try to send certified mail to the address that we have. We should, you know, see if there are any other ways to try to get a hold of Mr. Meader. MR. HAT IN, Director of Building & Codes-No, I've used my contacts and there is no other way. TOWN COUNSEL HAFNER-And there's no mortgage on the property? We can't do like we sometimes do? MR. HAT IN, Director of Building & Codes-That would get us to the bank but I TOWN COUNSEL HAFNER-The bank knows where the money comes in. COUNCILMAN BOOR-I would prefer to go to the owner, I think that's the way we should do this. TOWN COUNSEL HAFNER-It's often a good way to get MR. HAT IN, Director of Building & Codes-I'll do, I'll attempt, like I did service on myself, I'll send a certified letter, I'll serve the tenant personally or leave it in the door, that's the best I think we're going to get out of the situation cause I don't have another address for him. So, and I have tried some other means to find out where he lives. COUNCILMAN BREWER-This system is failed right now? MR. HATIN, Director of Building & Codes-As far as I can tell it's failed, according to this person that pumped the system, it was full so that means it's going to fill up and the owner called, or the neighbor called me tonight and said that he could smell sewage again. Organizational Meeting, 01-06-2003, Mtg #1 426 COUNCILMAN BREWER-Well, I would propose or think about that we should do something before a month, if this thing is COUNCILMAN BOOR-No, I think, I agree, I would like to do something tomorrow but I think we really have to find out the owner. COUNCILMAN BREWER-Well, we've got a letter from our Health, Dr. Evans, and it's, I mean, there must be other children and people living right next door, I mean, it's a health hazard to them. MR. HAT IN, Director of Building & Codes-Right. COUNCILMAN BREWER-I wouldn't, I want to do something right away. COUNCILMAN BOOR-I agree but I don't think the tenants liable. COUNCILMAN BREWER-Understood but COUNCILMAN BOOR-And I don't know if there's legal, I don't know if they have a legal responsibility to TOWN COUNSEL HAFNER-It would always be best to give notice to the proper owner and to take the time to do that. COUNCILMAN BREWER-And wait a month? COUNCILMAN BOOR-I don't think it will take a month, it should COUNCILMAN BREWER-Well, we're setting the public hearing for the 2ih TOWN COUNSEL HAFNER-We're setting a public hearing for COUNCILMAN BREWER-And then we're going to have to give them time to do it. COUNCILMAN BOOR-What I'm suggesting is that we locate the owner tomorrow. COUNCILMAN BREWER-Right. COUNCILMAN BOOR-Or the next day and that we notify them. COUNCILMAN BREWER-Understood and I agree with you. TOWN COUNSEL HAFNER-And this would do that and this would set up COUNCILMAN BREWER-But then this resolution sets a public hearing for the 2ih, Roger. COUNCILMAN BOOR-I, you know, if you want to step it up, that's fine, I just, I'm trying to do it as legally, I mean, if it hadn't, if we can't enforce it, why do it? I mean, I don't want to end up in court with something that's unenforceable. MR. HATIN, Director of Building & Codes-Well, we can certainly enforce it because I mean, shutting the water off, will solve the problem. COUNCILMAN BOOR-Yea, but MR. HAT IN, Director of Building & Codes-But the problem it creates is the tenants have no water. COUNCILMAN BOOR-But I think we could get sued if we're not, I defer to counsel on this, I'm not going to pretend to know. Organizational Meeting, 01-06-2003, Mtg #1 427 COUNCILMAN BREWER-Well, I would think back to when we took immediate action on a health hazard we had this fall or this summer and we took immediate action the next day. COUNCILMAN BOOR-On the owner, right? SUPERVISOR BROWER-I guess I TOWN COUNSEL HAFNER-We took immediate action on things that were outside and to fix this problem, with tenants there, is going to require going inside also. COUNCILMAN BREWER-But if they have MR. HAT IN, Director of Building & Codes-No, it won't Bob. COUNCILMAN BREWER-A septic system that's failed and there's septic effluent pumping out onto the ground, I think that's worse then what we did this summer. MR. HATIN, Director of Building & Codes-The problem is right now I can't get on the property because I've been notified by the tenants and through the brother of the landlord, that I can't go on the property. So, I can take pictures from the property, I can go by the neighbor's comments to me but I haven't been allowed on the property unless you want to get a search warrant which we can do and then they can't stop me. We can certainly go that route too and just see how bad it is. COUNCILMAN BREWER-I would like to serve the owner but I would like to take action as soon as we can, in my opinion, I mean COUNCILMAN BOOR-I think all of us want to do that. COUNCILMAN BREWER-Well, I think we have the authority to do that, is what I'm trying to say to you. MR. HATIN, Director of Building & Codes-Can I ask Bob a question and just want to give the board some direction. Bob, can they do an order tonight to tell the tenants they have 'til Friday to resolve the situation with a septic hauler or the water will be shut off by Monday. TOWN COUNSEL HAFNER-The tenants aren't the liable people. MR. HATIN, Director of Building & Codes-No, but I'm just saying they're creating, they are creating a TOWN COUNSEL HAFNER-The owner is the liable person. MR. HAT IN, Director of Building & Codes-They are creating a hazard though. They are creating a hazard though because they're living there. COUNCILMAN BOOR-Well, MR. HAT IN, Director of Building & Codes-And they're aware of it. TOWN COUNSEL HAFNER-Shutting off the water to a house is COUNCILMAN BOOR-No, that's bad news, that's like turning the power off in the winter, you just don't do that those things, they have kids. MR. HAT IN, Director of Building & Codes-Well, what are you're options though, what are your options? COUNCILMAN BOOR-The options are that we find the owner and we deal with the person that is ultimately responsible for that property. Organizational Meeting, 01-06-2003, Mtg #1 428 MR. HAT IN, Director of Building & Codes-But how do you find somebody that only has an address for that particular place? COUNCILMAN BOOR-Well, I think there's ways to find TOWN COUNSEL HAFNER-Do they have a mortgage? I mean, I think, SUPERVISOR BROWER-It's covered by snow now too, right? TOWN COUNSEL HAFNER-I think going through with the resolution setting the public hearing and including the notice being sent to the mortgage holder will also help put pressure because that puts them in default, frequently under their SUPERVISOR BROWER-Yea, I'd like to find the, I'd like to notify the owner. COUNCILMAN BREWER-Absolutely, but TOWN COUNSEL HAFNER-And we want to do that and I think that MR. HATIN, Director of Building & Codes-If we can find them, that's the question. I've tried for the last two months. I mean, since November, so. COUNCILMAN BREWER-Dennis, if we find the SUPERVISOR BROWER-Have you checked the tax records, where the tax bill goes? MR. HAT IN, Director of Building & Codes-The tax records come back to this property. I've gone through DMV, I've used my police contacts to see if they can find him through complaints and things and it all comes back to this address. UNKNOWN-Who owns the deed? MR. HAT IN, Director of Building & Codes-He does. COUNCILMAN BREWER-I think we try to locate him the best way that we can and tell him he's got two weeks to get it fixed or we do it. I, because if we wait 'til the 2ih, then we're going to have to give him thirty days to do it, that's two months and you can't have that. SUPERVISOR BROWER-Yea, you can. COUNCILMAN BREWER-Well, maybe you could live next to it Dennis, I couldn't. TOWN COUNSEL HAFNER-Maybe after the public hearing, you could give him a shorter time period for something like this. I mean, because septic is COUNCILMAN BOOR- Yea, that's clearly health hazard. TOWN COUNSEL HAFNER-I mean sewage flowing outside is a pretty serious SUPERVISOR BROWER-It's not good, right? TOWN COUNSEL HAFNER-health thing. COUNCILMAN BOOR-Right. TOWN COUNSEL HAFNER-But you do have to give the best notice that you can to the owner and that is what this is starting the process of doing, of giving him a notice. COUNCILMAN BREWER-Can we shorten the time? TOWN COUNSEL HAFNER-But you're next, you're next meeting is the 2ih. Organizational Meeting, 01-06-2003, Mtg #1 429 COUNCILMAN BREWER-Well, if we set it. TOWN COUNSEL HAFNER-If you had a meeting in two weeks, you could do it then but you're not. Next week, you won't COUNCILMAN BOOR-If you want to have a special meeting, I'd go for that but. COUNCILMAN BREWER-No, but what I'm saying is, if we set some kind of a time limit two weeks from date that we serve this man, to have it repaired then that sets the clock when we get the notice in his hand, he's got two weeks. COUNCILMAN BOOR-The notice COUNCILMAN BREWER-Worse case, it will be the 2ih when we have the meeting. COUNCILMAN BOOR-The notice, the responsible party is the owner and if he doesn't get noticed, and we go and fix it, he's going to say, I didn't know, you pay for it. COUNCILMAN BREWER-No, two weeks from the day we give the owner notice, is what I'm saymg. COUNCILMAN BOOR-Oh, the owner. COUNCILMAN BREWER- Yea. COUNCILMAN BOOR-Okay. Well, that's fine, I don't have a problem with that. We've got to find the owner. COUNCILMAN BREWER-Right. COUNCILMAN BOOR-That's the bottom line. TOWN COUNSEL HAFNER-Two weeks from actual service in hand? COUNCILMAN BREWER-I mean, that's the only way we can do it. COUNCILMAN BOOR-Well, it's COUNCILMAN BREWER-Well, not the only way but SUPERVISOR BROWER-Dave, let me ask you this, what would the normal remediation of this problem be? MR. HAT IN, Director of Building & Codes-They fix SUPERVISOR BROWER-Let's assume you get a hold of the owner, the owner is notified he's got to fix the problem, what are they going to do this time of year? MR. HATIN, Director of Building & Codes-Well, they could still fix the problem, fixing the problem is not an issue, getting a hold of the owner and making him do it, is the problem and my concern is, he hasn't budge since April on this. I warned him back then, if I had one more failure, this was the action I was going to take. COUNCILMAN BOOR-Did you warn the owner or the tenant? MR. HAT IN, Director of Building & Codes-I warned the owner the first time. COUNCILMAN BOOR-Okay. MR. HAT IN, Director of Building & Codes-The second time COUNCILMAN BOOR-And he was at the residence at that point in time? Organizational Meeting, 01-06-2003, Mtg #1 430 MR.HATIN, Director of Building & Codes-From what I understand, he lives in the City of Glens Falls somewhere. I don't know where, like I said COUNCILMAN BOOR-He's not in the phonebook, right? MR. HAT IN, Director of Building & Codes-He's not in the phonebook but the property still belongs to him, this, and I can't speak for this because this came third hand, is that, the woman that lives there is his girlfriend or x-girlfriend because they had a domestic violence incident there not that long ago. So, he's living somewhere else and he's not living there, for whatever reason. So, that's what I'm saying, trying to find him is difficult because he's not using a legal address anywhere else from what I can tell. So, he's using this as his legal address. COUNCILMAN TURNER-Dave, is that a pit tank or a septic tank? MR. HATIN, Director of Building & Codes-I don't know, Ted, I was told that it was a seepage pit by Cook's Septic. Ultimately, the problem you're going to face is if, I can't get a hold of him and we can't get this fixed, you're going to make a decision whether you want to turn the water off and order the tenants to vacate the property. COUNCILMAN BOOR-Can we condemn the property? MR. HAT IN, Director of Building & Codes-That's what the ultimate result would be, you condemn it and order them to vacate. COUNCILMAN BOOR-Why don't we, why don't we TOWN COUNSEL HAFNER-There will be a process by which you'll be able to tell the tenants that they can't live there because they've got to have COUNCILMAN BOOR-Well, I think maybe that's the best way to get a hold of the owner, is that we do a rapid fire condemnation of the property. TOWN COUNSEL HAFNER-Well, that's not the term we use but COUNCILMAN BOOR-Well, that's why we have you, Bob. TOWN COUNSEL HAFNER- Yea, declaring it a public health hazard. COUNCILMAN BOOR-Okay. TOWN COUNSEL HAFNER-And that people can't live there until it's fixed. COUNCILMAN BOOR-I mean, maybe that's the way to get the attention of the owner. TOWN COUNSEL HAFNER-And we should be ready for that at your public hearing, I would think. COUNCILMAN BOOR-Right. TOWN COUNSEL HAFNER-But I still think what you're suggesting is exactly the way to go, to serve it on the property, to try to serve it on the Mr. Meader and too, if you can get through to the people who own the mortgage on the property. MR. HAT IN, Director of Building & Codes-I'll have to go up to the county and research that out. TOWN COUNSEL HAFNER-And we'll be ready at the next meeting if he's gotten actual service on him, then you'll be able to act and order him to do it or MR. HAT IN, Director of Building & Codes-I know he'll know about it, there's no doubt he'll know about it, the question is Organizational Meeting, 01-06-2003, Mtg #1 431 COUNCILMAN BOOR-Yea, but we have to prove TOWN COUNSEL HAFNER-Knowing about it but actual service COUNCILMAN BOOR-We have to prove he knows it. MR. HAT IN, Director of Building & Codes-Well, I've got to prove that he's actually received it, it's going to be the other issue. TOWN COUNSEL HAFNER-And if not, to be ready with, if it's not fixed by then, declaring it uninhabitable and have to be vacated. SUPERVISOR BROWER-So, we're going to require him to have it fixed by the next, by the 2ih, is that correct? MR. HAT IN, Director of Building & Codes-Well the hearing is to have a meeting with him on the 2ih, I don't know if you're ordering anything tonight other then him to be at a hearing the 2ih. TOWN COUNSEL HAFNER-That's what we have right here. COUNCILMAN BREWER-And then what happens if he doesn't show up at the meeting? TOWN COUNSEL HAFNER-That he shall immediate commence what I thought that we just decided was, that if we get actual service on him, then we'll be ready to order him to clean up within two weeks or we'll go and do it and it gets added, like we do with other health things. COUNCILMAN BOOR- Yea, that be great. TOWN COUNSEL HAFNER-Or, alternative, if we don't get actual service on him, to declare it uninhabitable and to tell the tenants that they have to vacate and to then shut off the water. COUNCILMAN BREWER-So, it's still going to be five weeks before anything has to be done. SUPERVISOR BROWER-Well, I think we should make it clear in what ever correspondence to the property owner as well as the tenant that we expect immediate action so that there won't be any surprises on the 2ih, if that evening we order water to be shut off at the residence so that they'll be prepared to vacate their property. COUNCILMAN BOOR- Yea, can we do that? TOWN COUNSEL HAFNER-What was your, what would you do if you went on the property to fix the problem? Is the only solution that you see is turning off the water so that it doesn't create any more sewage? MR. HAT IN, Director of Building & Codes-Well, I mean if you want to fix the problem, that means installing a new system, I don't think the town wants to be in the business installing new systems. So, the ultimate, the other alternative is to shut the water off and the property's vacated then the problem goes away until it's, the property is you know, legally occupied with a proper system. COUNCILMAN BOOR-What wording can we have though, that would put the owner in the position where he would act immediately. In other words, the water's going to be shut off on the ih? I mean, I'm just, I'm picking a date. MR. HATIN, Director of Building & Codes-Well, I think the 2ih, you could give him a time frame and say, if it's not taken care of this week, as of Friday the, February whatever it is, the water will be shut off and that gives the tenants five days notice and it gives the owner. They either, they know where the owner is, they won't tell me cause her exact words to me, I'm not telling you. So, obviously she knows where he is. Organizational Meeting, 01-06-2003, Mtg #1 432 COUNCILMAN BOOR-Bob, what ramifications do they have to counter on something like that? What if the tenants doesn't have a place to go? TOWN COUNSEL HAFNER-Well, if it doesn't have working septic system, it's not an inhabitable place. COUNCILMAN BOOR-I know. TOWN COUNSEL HAFNER-AND THEy're not supposed to be there and then, that becomes their PROBLEM TO FIND ANOTHER place like they found that place. COUNCILMAN BOOR-It does and it has nothing to do with us. TOWN COUNSEL HAFNER-That would be our position, yes. COUNCILMAN BOOR-Well, stated. COUNCILMAN BREWER-I still think, .. five days... time, hard for me to believe. TOWN COUNSEL HAFNER-Do you want to declare the place uninhabitable tonight based on the information you have and SUPERVISOR BROWER-I don't think that would be fair, personally. MR. HAT IN, Director of Building & Codes-One option you do have is, you could declare it uninhabitable tonight, give them 'til the 2ih to rectify the problem. In the meantime, we'll try to get service on them. If they don't, then you can take them, action that night, it says by Friday, the water will be turned off, that gives you three weeks. COUNCILMAN BREWER-I feel better about that. COUNCILMAN BOOR-Your last observation of the property was when? MR. HAT IN, Director of Building & Codes-I was there yesterday. COUNCILMAN BOOR-And you witnessed a problem, visually? MR. HAT IN, Director of Building & Codes-I took pictures, I couldn't get enough, I can't get on the property to actually see so, I took pictures of the area just so that you'd be familiar with it, if you wanted to look at. I can't really tell but as I said, the neighbor called me tonight and I can certainly give you his name if you'd like to talk to him, and told me he smelled it. COUNCILMAN BOOR-No, I'm just thinking MR. HAT IN, Director of Building & Codes-I didn't smell it yesterday when I was there but he did today, he told me, it was very evident. So, and I have a letter from him by the way. COUNCILMAN BREWER-I feel stronger about doing it, what Bob just said, give him 'til, or Dave said, the 2ih. COUNCILMAN STEC-Give him until Friday the 1 S\ on the 2ih. COUNCILMAN BREWER-If we have to. COUNCILMAN BOOR-Right. MR. HAT IN, Director of Building & Codes-It's two weeks from tonight, oh, three weeks. COUNCILMAN BREWER-Three weeks. So, that's why I say, if we wait until the 2ih, and then we have to give him two weeks to get it done, it's still five weeks. Organizational Meeting, 01-06-2003, Mtg #1 433 MR. HAT IN, Director of Building & Codes-Well, can we put something in the notice that says, you have 'til the 2ih, there'll be hearing on it, you must be in compliance by that time or the Town Board will take action to have the property vacated and the water turned off by February 1 st? COUNCILMAN BOOR-And can we do that? TOWN COUNSEL HAFNER-Because, I mean this is a pretty serious situation. COUNCILMAN BOOR-Yea. COUNCILMAN BREWER-Absolutely. TOWN COUNSEL HAFNER-And we do have the public health officer, you know, talking about that it needs immediate replacement. I would think that we would, let me work on some language. MR. HAT IN, Director of Building & Codes-Okay. TOWN COUNSEL HAFNER-And can we come back to this at a later point in the meeting and I'll have some proposed language to change this? SUPERVISOR BROWER-Okay, we'll put this aside then for now. MR. HAT IN, Director of Building & Codes-Do you need me to stick around for that? SUPERVISOR BROWER-We have a motion and a second on the floor, though. So, we would need COUNCILMAN TURNER-Withdrawal? TOWN COUNSEL HAFNER-No, we're just going to postpone action on it. COUNCILMAN BOOR-So, just so that I'm clear, we're not taking action and we're going to have you draft TOWN COUNSEL HAFNER-No, I'm going to, we're still going to do this. COUNCILMAN BOOR-Okay. TOWN COUNSEL HAFNER-We're just going to add COUNCILMAN BOOR-Are we going to do this TOWN COUNSEL HAFNER-Some information, an additional resolved and additional part to the public notice. COUNCILMAN BOOR-And we will do that later tonight? TOWN COUNSEL HAFNER-Yes, that's what I was proposing. COUNCILMAN BOOR-Okay. TOWN COUNSEL HAFNER-And I would like to meet with Dave for a few minutes and work on that. Is that okay? SUPERVISOR BROWER-Yes. COUNCILMAN BOOR-And I have one question, I'm going to ask when you guys out or wherever you're going to meet. DEPUTY TOWN CLERK BARBER-Should we adjourn Board of Health and come back? Organizational Meeting, 01-06-2003, Mtg #1 434 TOWN COUNSEL HAFNER-Yes, you should adjourn Board of Health. DEPUTY TOWN CLERK BARBER-We can just leave this number with the introductions? TOWN COUNSEL HAFNER- Yes and we'll come back. COUNCILMAN BREWER-And we'll have to go back into the Board of Health. RESOLUTION TO ADJOURN BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 4,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 6th day of January, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None (Town Counsel Hafner, Mr. Hatin and Councilman Boor left meeting room) REGULAR SESSION 2.0 PUBLIC HEARINGS PUBLIC HEARING- PROPOSED EXTENSION NO.8 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT NOTICE SHOWN 7:31 P.M. COUNSEL JON LAPPER-Good evening, for the record, Jon Lapper with Dave Carr and Kevin Hastings from the LA Group. Kevin is the project engineer for Home Depot. This is a relatively straight forward request for a sewer district extension. Northway Plaza is already in the sewer district but because we acquired the additional five acres in the back to build the Home Depot building, that was not part of the sewer district. Kevin drew up the Map, Plan and Report, submitted it for view and at that point Ray Supply asked that they'd be included if we're doing a district extension. The Wal-Mart sewer line goes right in front of their property. So, we amended our Map, Plan and Report at the request of the town to include their property as well. Ray Supply will be doing their own connection and Home Depot will be doing it's own connection and this just puts the entire new Northway Plaza property in the sewer district. Kevin can go through for the board and the public the exact location of the sewer line. MR. KEVIN HASTINGS-Of the four parcels that are being included in this Proposed District Extension No.8, is the Northway Plaza. There's a wetland parcel, a forever vacant parcel, and then the lease parcel that the building is being built on and also the Ray Supply which is across Route 9. The total acreage is 14.16 acres and of that, Ray Supply is 2.19. So, the bulk of the addition is for the Home Depot's benefit and as Jon said, the existing collection system within the Northway Plaza will be utilized for the Home Depot. We're basically extending gravity sewer up to the new store and utilizing the existing gravity sewer that's within the plaza and Ray Supply, they already have an existing sewer connection that was part of the Wal-Mart sewer district extension, so, there's no additional costs there. And the last is, the annual benefit tax Organizational Meeting, 01-06-2003, Mtg #1 435 resulting from this district extension will be approximately forty-five hundred dollars per year for the Home Depot and approximately fifteen hundred dollars per year for the Ray Supply. SUPERVISOR BROWER-Okay, thank you. Further questions from board members? COUNCILMAN BREWER-I don't have anything. COUNCILMAN TURNER-No. It just makes sense, it's already there. SUPERVISOR BROWER-Alright. Thank you very much. Do you have anything else you'd like to add? COUNSEL LAPPER-No we don't, thank you. SUPERVISOR BROWER- Thank you. At this time, I'd like to open up the public hearing to anyone who'd like to comment on the proposed sewer extension. Okay, hearing none, I'll close the public hearing. PUBLIC HEARING CLOSED 7:36 P.M. (Councilman Boor re-entered meeting) PUBLIC HEARING - PROPOSED CREATION OF WEST QUEENSBURY SANITARY SEWER DISTRICT NOTICE SHOWN 7:36 P.M. SUPERVISOR BROWER-Rich, good evening. MR. RICH STRAUT-Thank you, my name is Rich Straut from Barton and Loguidice and this proposed project is for creation of a new sewer district along Main Street and Corinth Road from the City of Glens Falls city line with the Town of Queensbury west, beyond the Northway to Big Bay Road. (referred to map) This is being the city line at Thomas Street extending along the south side of the road, there'd be a ten inch gravity sewer all the way out to Big Bay Road, so it would cross the Northway. Along the way at some of the cross streets, we'd be extending sewer lines across the highway so that there is service that would be available on the north side as well and at each property, a sewer lateral would be extended to service the property whether the property is currently occupied or currently vacant. The boundary of the proposed district as shown on this map and basically it includes all of the properties along the extension that front Main Street or the Corinth Road between the city line and Big Bay Road. The estimated project cost is one point one million dollars to construct the project, that includes the cost of buy-in to the city system which is part of an agreement that you've negotiated with the city. We estimate that the cost of debt service for the project is about three hundred and sixty-two dollars per year for a typical household. On top of that there would be the cost of three dollars per thousand gallons of water usage, metered water usage which brings a total estimated cost for a typical household to about five hundred and twelve dollars per year. Commercial properties would pay a bit higher, it be, this district would be formed on a benefit basis which means that every property based on acreage and property class would be assigned a certain number of points and there is a formula that's in the Map, Plan and Report that describes that, it's fairly similar to the other sewer districts that the town right now has. I think that that about covers it. I'd be happy to answer questions. SUPERVISOR BROWER-Any questions from board members at this time? Alright, thank you, Rich. If you'd put the mic back, I'll ask if anyone would care to comment on the project at this time? So, I'm opening up the public hearing for anyone that care to comment on this proposed sewer district. Hearing none, I'll close the public hearing at this time. PUBLIC HEARING CLOSED 7:40 P.M. Organizational Meeting, 01-06-2003, Mtg #1 436 PUBLIC HEARING - PROPOSED WATER DISTRICT IMPROVEMENTS ALONG MAIN STREET IN THE QUEENSBURY CONSOLIDATED WATER DISTRICT NOTICE SHOWN 7:40 P.M. MR. STRAUT-This is a companion project to the sewer district although there's an existing water district in this area. What's being proposed is to improve the water line along Main Street. Both of these projects, as many of you may know are being done in conjunction with the highway reconstruction project in order to take advantage of some of the construction that's going to be ongoing. The water main that exists along this area is an old 1930's vintage cast iron water main. This project is essentially proposed to reconstruct that with a new twelve inch main which would improve some of the pressure problems that have occurred in the area and take out of service a water main that's reached the end of it's useful life. The other thing that this would involve is connecting the water, the end of the water main in front of the cemetery to a water main that right now comes across the Northway but does not connect to that which would again, improve service in the district. The estimated cost of the project is four hundred and seventy thousand dollars. The cost to, of this project to a typical household in the district is estimated to be four dollars and thirty-one cents a year and that assumes that none of the project would be paid for under the highway improvement and the reason we assume that is because we haven't made a final determination yet as to how much of the water main would actually be disturbed by the highway improvement. We believe it's going to be around twenty-five to thirty percent which would bring this cost down to the district, commencer it with that final percentage. But for the purposes of the Map, Plan and Report, we have not reduced or set that amount at this point. What I'm talking about with that is that the highway improvement project where they're going to cut the road down a bit would take some of the cover off your pipe. It's about twenty- five to thirty percent of the length. The highway improvement project therefore would pay for the cost of replacing the pipe along that length and it would not be a cost to the district. And again, happy to take any questions. COUNCILMAN BOOR-Would that be the eastern end? MR. STRAUT - To be honest with you, I don't recall where the cut was going to occur. COUNCILMAN BOOR-Okay, seemed like it would be the other way but if it's gravity, I don't know, maybe Ralph knows. SUPERVISOR BROWER-Further questions from board members at this time? COUNCILMAN TURNER-No. SUPERVISOR BROWER-Thank you, Rich. Again, I'd like to open the public hearing and ask anyone that's present if they'd care to comment on the improvement to the consolidated water district in this area? Hearing none, I'll close the public hearing. PUBLIC HEARING CLOSED 7:44 P.M. MR. CHRIS ROUND, Executive Director-Dennis, if I could, related to both the Main Street projects, we'd given a Town Board a memorandum regarding interim use of holding tanks on Main Street. We've had a number of projects on Main Street that are in development or nearly close to construction and it's been requested by those developers or applicants, is there an alternative to installation of a conventional full cost septic system. If an applicant comes in today, they would be required to install a conventional onsite system. In many cases it could be quite expensive to construct a system that's basically going to be rendered obsolete when this sewer main is constructed and we're hopeful that this construction is going to occur in 2004. So, within a year and a half, hopefully no longer then a year and a half these things will be brought on line. Bob Hafner, myself and Mike Shaw worked together to draft, outline some of those issues that are affected. As the board's aware, a holding tank can only be used if a variance by the Town Board of Health is issued and only in the instance, they're only allowed in certain circumstances and that would be in the case of temporary use, failure of a system, or where no other alternative would be allowed or Organizational Meeting, 01-06-2003, Mtg #1 437 available in the case of a failed system. So, what we, it's my opinion, I think it's Mike and Bob's opinion as well, that this is an instance where it would be a temporary use that would probably be preferred by both the town and the developer in many cases as a cost effective solution, not wasting the resources of the taxpayer. And what I had presented to you December 18th, was a memorandum outlining these same issues and a draft of an agreement that we would present to a developer that would bind them in the event that this Main Street sewer district doesn't come to fruition, it would bind them to seek an alternative connection to the existing system as it exists on W estern Avenue inside the city limits or construct a replacement system onsite that would comply with our onsite holding or with our onsite wastewater disposal system regulations. What I'm looking for is feedback from the board. We have a couple of people in development that are ready to make financial commitments and do want to construct a conventional system. So, what we're looking for is for the board to adopt a policy whether it's written or by the consensus of the board that would allow people in the near future to come in and seek variances, they still would be required to seek a variance from the Board of Health but you know, the difficulty is, get to the punch line here, is that, in some instances the developer would like to consume an area that would normally be set aside or used for septic system. We do have some circumstances where that alternative location is not going to be available and COUNCILMAN BOOR-So, you run the risk of should some catastrophic thing happen, the project doesn't go through, you now have a site that is unable to have it's own septic system. MR. ROUND, Executive Director-Accommodate, what we consider conventional system. What the agreement tries to do is put the burden, basically, it's an informational tool because we've been, the town's been criticized in the past that, hey, we've been promised that a system's going to be constructed or something happens and whether it's been formal or informal and it doesn't come to pass and now, the property owner's are like, well, I was planning this development, I made business decisions. Well, so it's number one, it's designed as an informative tool and number two, it's designed to alleviate the town board and the town itself of any liability associated, you know, in the event the system is not, the Main Street sewer district system is not constructed. COUNCILMAN BOOR-So, worse case scenario is, you would have a property that would have a permanent holding tank instead of a, what we would typically require, a septic system. MR. ROUND, Executive Director-Well, the developer's agreement indicates that you would have X number of days to seek an alternative system or at least present a design for either a conventional system or an alternative means of connection to a municipal system. COUNCILMAN BOOR-Yea, I'm just saying, okay. MR. ROUND, Executive Director-So, worse case, Roger, worse case, Cumberland Farms, case in point, Cumberland Farms has an onsite system right now. If they would come in and they consumed all their land area and they didn't construct a conventional system, they put a holding tank in, the worse case is, and they don't have a disposal field area, they have to some how re- mediate their site so that they can put a conventional system in or be a contract user with the City of Glens Falls and construct a private line down. COUNCILMAN BOOR-We would never allow for a permanent holding tank? MR. ROUND, Executive Director-It's not allowed by law. COUNCILMAN BOOR-I know, I'm just, I just want to be clear on that. TOWN COUNSEL HAFNER-No, and we drafted that very carefully to fit within this allowable thing to, where you can have holding tanks for temporary periods. COUNCILMAN BOOR-Are these variances that we might, these temporary variances we might grant, what about adjacent property owners? In other words, we don't allow permanent holding tanks, somebody goes in with not enough room, now they've got, now because of the, the project doesn't go through, they have to, let's say they have no, let's say they can't hook up to the city and if they put a conventional septic system in, it's ten feet from somebody's whatever, yard or less then ten feet from somebody's property line. In other words, we're guaranteeing Organizational Meeting, 01-06-2003, Mtg #1 438 MR. ROUND, Executive Director-No, you're not, and that's where it gets to be a difficult situation. If there's, if another, if a variance from the standards themselves is required, that's what you're asking about. Hey, you need a setback variance. COUNCILMAN BOOR-Yes, yea and that's my biggest concern. MR. ROUND, Executive Director-That's a difficult thing. COUNCILMAN BOOR-I don't want it to affect another property owner. MR. ROUND, Executive Director-That's where, we don't know. We're trying to look a little bit ahead and it's very difficult to look five and ten years ahead if it doesn't happen. I mean, we have every right to believe that this is going to happen and we're getting closer and closer to it happening, so. SUPERVISOR BROWER-And what you're saying is the intensity of use requests, correct, for the properties being considered? MR. ROUND, Executive Director-Correct, yea. We have four projects on the table right now and they're all trying to make decisions, well, do we construct a five or ten thousand dollar septic system, do we alter our design, so. COUNCILMAN BOOR-Alright and these would be done case by case, since they're going before the Board of the Health? MR. ROUND, Executive Director-Yes, they would. COUNCILMAN BOOR-So, if somebody could, if we saw that it could potentially be a variance, we could say, you know, just can't do it. MR. ROUND, Executive Director-No, we're not going to allow you to do this. COUNCILMAN BOOR-Alright, alright. COUNCILMAN BREWER-I think we ought to adopt it as policy for a short period. MR. ROUND, Executive Director-I'll have something ready for the next meeting. You know, I'll make sure you have a fresh copy of this in your hands and have something for next meeting. SUPERVISOR BROWER-I think it's reasonable considering the resources we've already put in the corridor and the planning that's gone in it over the last several years, it sounds like a reasonable alternative. MR. ROUND, Executive Director-Thanks. SUPERVISOR BROWER-Thank you. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 2,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter as the Queensbury Board of Health. Duly adopted this 6th day of January, 2003, by the following vote: Organizational Meeting, 01-06-2003, Mtg #1 439 AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None BOARD OF HEALTH Town Counsel Hafner proposed the following amended resolution: RESOLUTION DECLARING A HEALTH HAZARD AND SETTING HEARING CONCERNING UNSAFE PROPERTY OF BILLY JOE MEADER LOCATED AT 24 GARNER STREET - TAX MAP NO.: 309.11-1-16 BOARD OF HEALTH RESOLUTION NO.3, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Director of Building & Codes Enforcement has advised the Town of Queensbury Local Board of Health that he has received a complaint concerning a septic system overflowing on property owned by Billy Joe Meader and located at 24 Garner Street, Queensbury (Tax Map No.: 309.11-1-16), as more specifically set forth in Mr. Hatin's letter dated December 2nd, 2002, and WHEREAS, the Director has investigated and inspected the property and has advised that the septic system has overflowed on the property and therefore, in his opinion, there are violations of the Town's Sanitary Sewage Ordinance, the property constitutes a health hazard and nuisance to the neighborhood, is unsafe to the general public and therefore the Director strongly recommends that the Board of Health take action if the property owner fails to correct the septic system, and WHEREAS, the Town's Health Officer has advised the Town by letter dated January 2nd, 2003 that in his opinion the property is a public health hazard and therefore has strongly recommended that the property be corrected and brought into compliance with the Sanitary Sewage Code, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property owned by Billy Joe Meader bearing Tax Map No.: 309.11-1-16 and located at 24 Garner Street, Queensbury is a health hazard and appears to be a potential object of attraction to rodents and animals, a nuisance, Organizational Meeting, 01-06-2003, Mtg #1 440 unsafe and dangerous and therefore the property must be corrected and brought into compliance with the Town's Sanitary Sewage Ordinance, and BE IT FURTHER, RESOLVED, that the Town Board finds the premises to be uninhabitable due to the failed septic system, and BE IT FURTHER, RESOLVED, that the property owner shall immediately commence correcting the septic system and cleaning-up the property unless good cause is shown by Mr. Meader or other interested persons whereupon the Town Board shall consider a time extension, and BE IT FURTHER, RESOLVED, that if the septic system is not replaced by the date of the public hearing and evidence of such replacement is not provided to the Town Board, then the Town Board intends to declare the premises to be uninhabitable and will order the property vacated and water service to the uninhabitable property shall be terminated, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health shall hold a hearing concerning the property on January 2ih, 2003 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner and the tenant, or executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the New York Public Health Law. Duly adopted this 6th day of January, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT None Organizational Meeting, 01-06-2003, Mtg #1 441 RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.5: 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 6th day of January, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION 3.0 CORRESPONDENCE DEPUTY TOWN CLERK BARBER read the following into the record MEMORANDUM To: T own Board From: Supervisor, Town of Queensbury Re: 2003 Appointments Date: January 2,2003 I, Dennis R. Brower, do hereby make the following appointments for the year 2003: Deputy Town Supervisor Theodore Turner Executive Assistant to Supervisor William L. Lavery TO: T own Board FROM: Richard A. Missita DATE: December 19, 2002 RE: Re-Appointment of Michael F. Travis I hereby recommend the appointment of Michael F. Travis to Deputy Highway Superintendent for the 2003 calendar Year. Respectfully, Richard A. Missita Highway Superintendent Town of Queensbury Organizational Meeting, 01-06-2003, Mtg #1 442 DEPUTY TOWN CLERK BARBER noted that the December 2002 Building & Codes Supervisor's Monthly Report has been received and filed. 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR SUPERVISOR BROWER-We have a couple of resolutions from the floor this evening that apparently were completed too late to get on the agenda. One was a resolution extending a bid award for Liquid Alum for use at the Town Water Treatment Plant for the year 2003 at $192.00 per ton delivered and the another resolution extending a bid award for Light Soda Ash for use at the Town Water Treatment Plant for 2003 and that's at a rate of .1158 cents per pound delivered for approximately one hundred tons. . .. Town Board agreed to add resolutions to agenda as Liquid Alum, 6.57 and Light Soda Ash, 6.58. 5.0 OPEN FORUM 8:00 P.M. MR. PLINEY TUCKER, 41 Division Road-Referred to agenda and questioned appointment of T own Attorney? COUNCILMAN STEC-Noted that Town Counsel is a two year contract. MR. TUCKER-Questioned the term for Comptroller, Henry Hess? COUNCILMAN BREWER-Noted that he's a two year appointment. MR. TUCKER-Questioned the South Warren Snowmobile Club? SUPERVISOR BROWER- That was pulled because the officers of the corporation resigned... Spoke about the problems with insurance for the Club..noted in the year 2002 150,000 snowmobiles that were registered in 2002. MR. TUCKER-Questioned if this works out will the Town have a contract with them? SUPERVISOR BROWER-Yes. COUNCILMAN STEC-Noted that future contracts will require that they have insurance. MR. TUCKER-Noted that the activity by the Highway Dept. at the end of Division Road is still continuing, I want it part of the record so you know. MS. BARBARA FRENYEA- 248 Queensbury Avenue RE: Sewer Line up Queensbury Avenue, wished that they had received some kind of warning from the Board or Councilperson, we could not receive mail since the beginning of the year. After speaking with Mike Shaw the mail did come through. . . suggested that the public be notified in situations like this. SUPERVISOR BROWER-Noted he had spoken with Mike Shaw about the situation and he noted he will have a meeting with the Contractor. DEPUTY WASTE WATER SUPT. MIKE SHAW-The intentions are to meet with the contractor tomorrow and also fliers given out to notified the public of a project. MR. JOHN SALVADOR-Resident of Lake George, Business interests in No. Qsby. Questioned the cost related to placing of sewer lines in January... Spoke about the use of holding tanks, residential use only. Questioned if the Board gave Mr. Lamy any direction regarding the No. Qsby. Sewer District? SUPERVISOR BROWER-He received some direction but he also is responsible for going through the process and O'Brien and Gere, supposed to meet with the Town Board regarding the entire No. Qsby. Sewer in the near future, we have not set a date. Organizational Meeting, 01-06-2003, Mtg #1 443 MR. JOHN SAL V ADOR- The Town Board has been advised of some recommended changes to the Zoning Ordinance concerning marinas in No. Qsby. is there a schedule for review of that? EXECUTIVE DIRECTOR CHRIS ROUND-The Board has not received that package yet, when they receive it a public hearing will be set. MR. SAL V ADOR-Spoke about the library tax increase... we were led to believe the library budget was going up 5 % my tax bill shows a 15.8% increase in library tax, am I the only one? Re: Sewer Dist. Extension #7 requested that a second look regarding capacities be made... noted he felt that is 35% under designed. What is going to be the flow rate of the Great Escape? I do not think that you are going to be able to use the water flow rate as a measure of what their waste water discharge is. DR. MARK HOFFMAN-32 Fox Hollow Lane Item for tonight a resolution to set a public hearing on Route 9 Intersection where does that stand? EXECUTIVE DIRECTOR ROUND-The public hearing is required to comply with the Capital Improvement Plan process, this resolution would allow us to spend the money on the project. Waiting a contact from DOT allowing us to spend the money. Sear Brown has been selected to look at the 9 and 254 Intersection. . . MR. MARVIN DOBERT-52 Main Street Question to Chris, questioned what the temporary sewer meant? Are you anticipating a sewer line and to satisfy developers you had proposed to make some temporary provision for sewer discharge, a holding tank, in order to allow the commerce to plan. In order to do this you had to relieve liability or something? EXECUTIVE DIRECTOR ROUND-What you said is accurate. Construction in 2004 along with Highway Project... some may what to redevelop their site prior to system being on line, in order to do that they would have to install regular septic system. Noted the agreements state that if you have a holding tank you must put in a conventional system or hook up to a municipal system. TOWN COUNSEL HAFNER-The Property owner will have to show that they can either put in a conventional system or hook up to a municipal system. COUNCILMAN BOOR-There would not be pre-approval of variances? TOWN BOARD-No MR. DOBERT-Questioned if both applications would have to be made at the same time? EXECUTIVE DIRECTOR ROUND-Not necessarily all the requirements for a permit but some level of proof that you could install a system. COUNCILMAN BOOR-Questioned what the potential problems could be? EXECUTIVE DIRECTOR ROUND- They will have to demonstrate what would be a system that would satisfy their needs. COUNCILMAN BOOR-Questioned if we would be looking at the maximum use for a parcel? EXECUTIVE DIRECTOR ROUND-No. In the case of the septic, is a system that would comply with the standard, and the standard is imposed upon the use. MR. DOBERT-Commended Mr. Round on his communicative skills, thanked the Board for their feedback on this project, hoped that the project goes through. MR. DOUG IRISH-Buena Vista Asked the Board to be conscious of providing some provision within this to make sure that businesses do hook into the system. SUEPRVISOR BROWER-Open Forum Closed... Organizational Meeting, 01-06-2003, Mtg #1 444 RESOLUTIONS RESOLUTION ESTABLISHING RULES OF PROCEDURE RESOLUTION NO.: 3,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO DESIGNATE ROBERT'S RULES OF ORDER AS ITS OFFICIAL RULES OF PROCEDURE, NOW, THEREFORE, BE IT RESOLVED, IN ACCORDANCE WITH THE AUTHORITY GRANTED BY NEW YORK STATE TOWN LAW 963, THE QUEENSBURY TOWN BOARD HEREBY DESIGNATES ROBERT'S RULES OF ORDER AS ITS OFFICIAL RULES OF PROCEDURE FOR THE YEAR 2003 EXCEPT WHEN THESE RULES ARE NOT IN AGREEMENT WITH TOWN LAW. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT: NONE RESOLUTION SETTING 2003 TOWN BOARD MEETING SCHEDULE RESOLUTION NO.: 4,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER Organizational Meeting, 01-06-2003, Mtg #1 445 WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO ESTABLISH ITS 2003 MEETING SCHEDULE, NOW, THEREFORE, BE IT RESOLVED, IN ACCORDANCE WITH NEW YORK STATE TOWN LAW 962, THE QUEENSBURY TOWN BOARD HEREBY ESTABLISHES ITS 2003 MEETING SCHEDULE AS FOLLOWS: 1. REGULAR MEETINGS SHALL OCCUR ON THE 1 ST AND 3RD MONDAYS OF EACH MONTH AT 7:00 O'CLOCK P.M. AT THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY, WITH THE EXCEPTION THAT THE TOWN BOARD'S REGULAR MEETING DATES SHALL BE CHANGED AS SET FORTH BELOW FOR THE FOLLOWING MONTHS: A. JANUARY - 6TH AND 27TH B. FEBRUARY - 10TH AND 24TH C MARCH-10TH AND 24TH. AND . , D. SEPTEMBER- 8TH AND 22ND. AT REGULAR MEETINGS, PUBLIC HEARINGS WILL BE HELD, RESOLUTIONS AND MOTIONS WILL BE PROPOSED AND/OR ADOPTED, MISCELLANEOUS MATTERS WILL BE DISCUSSED AND THE GENERAL PUBLIC WILL BE PROVIDED WITH AN OPEN FORUM SESSION. 2. THE TOWN BOARD SHALL SCHEDULE OTHER SPECIAL MEETINGS FOR ANY PURPOSE ESTABLISHED BY TOWN BOARD RESOLUTION AND/OR IN ACCORDANCE WITH THE NEW YORK STATE TOWN LAW. THE TOWN SHALL NOTIFY THE MEDIA OF THE SPECIAL MEETING ACCORDINGLY AS REQUIRED BY THE NEW YORK STATE OPEN MEETINGS LAW. 3. IF THE TOWN BOARD DECIDES TO ALTER ITS MEETING SCHEDULE, IT WILL DO SO BY TOWN BOARD RESOLUTION AND WILL NOTIFY THE PUBLIC AND MEDIA BY APPROPRIATE PUBLIC NOTICE. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: Organizational Meeting, 01-06-2003, Mtg #1 446 AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE ABSENT: NONE RESOLUTION ESTABLISHING MILEAGE ALLOWANCE RESOLUTION NO.: 5,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, NEW YORK STATE TOWN LAW 9116 REQUIRES THE TOWN BOARD TO ESTABLISH A MILEAGE ALLOWANCE FOR THE USE OF TOWN EMPLOYEES' PERSONAL AUTOMOBILES IN THE PERFORMANCE OF EMPLOYEES' DUTIES WHEN A TOWN FLEET MANAGEMENT VEHICLE IS UNAVAILABLE, NOW, THEREFORE, BE IT RESOLVED, IN ACCORDANCE WITH NEW YORK STATE TOWN LAW 9116, THE QUEENSBURY TOWN BOARD HEREBY ESTABLISHES THE AMOUNT OF 364 PER MILE TO BE ALLOWED FOR THE ACTUAL AND NECESSARY USE OF TOWN EMPLOYEES' PERSONAL AUTOMOBILES IN THE PERFORMANCE OF EMPLOYEES' DUTIES. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING BANKING TRANSACTIONS AND INTERNET-BASED BANKING SERVICES Organizational Meeting, 01-06-2003, Mtg #1 447 RESOLUTION NO.: 6,2003 INTRODUCED BY: MR. ROGER BOOR WHO MOVED ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, NEW YORK STATE TOWN LAW PARAGRAPH 64, SUBDIVISION 1, REQUIRES THE TOWN BOARD TO ANNUALLY DESIGNATE ITS DEPOSITORIES FOR TOWN FUNDS, AND WHEREAS, IN ACCORDANCE WITH NEW YORK STATE GENERAL MUNICIPAL LAW 95-A AND 910 AND TOWN LAW 964, IT IS THE DUTY OF THE GOVERNING BOARDS OF LOCAL GOVERNMENT TO ADOPT A SYSTEM OF INTERNAL CONTROLS FOR THE DOCUMENTATION AND REPORTING OF ALL TRANSFERS OR DISBURSEMENTS OF FUNDS ACCOMPLISHED BY ELECTRONIC OR WIRE TRANSFER, AND WHEREAS, in accordance with prudent business and cash management practices the Queensbury Town Board wishes to formally specify the authorities under which business may be transacted with these Depositories, and WHEREAS, THE ToWN PREVIOUSLY RECEIVED THREE (3) AGREEMENTS PROVIDING FOR INTERNET -BASED BANKING SERVICES FROM EVERGREEN BANK ENTITLED: 1. ECASHMANAGER INTERNET BANKING SERVICES AGREEMENT - GoVERNMENTAL; 2. ACH AGREEMENT BANKNORTH, N. A. GoVERNMENTAL CUSTOMER AGREEMENT FOR ELECTRONIC PAYMENT SERVICES; AND 3. WIRE TRANSFER AGREEMENT (GoVERNMENTAL); and such Agreements have been reviewed and are in form acceptable to the Town Comptroller's Office and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY ToWN BOARD HEREBY AUTHORIZES AND DIRECTS THE FOLLOWING ACTIONS: 1. THE FOLLOWING INDIVIDUALS, IN THEIR OFFICIAL CAPACITIES, ARE AUTHORIZED TO TRANSACT THE FINANCIAL AND BANKING BUSINESS OF THE ToWN OF QUEENSBURY IN ACCORDANCE WITH ALL APPLICABLE LAWS AND ORGANIZATION DOCUMENTS, AND THE SPECIFIC AUTHORITIES GRANTED BY THIS RESOLUTION: DENNIS R. BROWER, SUPERVISOR THEODORE TURNER, DEPUTY SUPERVISOR Organizational Meeting, 01-06-2003, Mtg #1 448 HENRY S. HEss, COMPTROLLER 2. EACH OF THE FOLLOWING BANKS HAS APPLIED AND CONSENTED TO SERVE AS DEPOSITORY OF TOWN FUNDS AND HAS EXECUTED A THIRD PARTY CUSTODIAN AGREEMENT SATISFACTORY TO THE TOWN COMPTROLLER AND TOWN COUNSEL AND ARE HEREBY DESIGNATED AS APPROVED DEPOSITORIES: EVERGREEN BANK, NA GLENS FALLS NATIONAL BANK AND TRUST COMPANY CHASE MANHATTAN BANK FLEET BANK TRUSTCO BANK 3. THE TOWN SUPERVISOR AND TOWN COMPTROLLER, OR EITHER ONE OF THEM, IS/ARE HEREBY AUTHORIZED TO OPEN A BANK ACCOUNT OR ACCOUNTS FROM TIME TO TIME WITH AUTHORIZED BANKS AND THEIR AFFILIATES FOR AND IN THE NAME OF THE TOWN OF QUEENSBURY WITH SUCH TITLE OR TITLES AS HE/SHE MAY DESIGNATE, AND TO EXECUTE DEPOSITORY CONTRACTS THAT COMPLY WITH TOWN POLICY AND OPERATING PROCEDURES ESTABLISHED BY THE TOWN COMPTROLLER. 4. THE MAXIMUM FDIC INSURED AMOUNT WHICH MAY BE KEPT ON DEPOSIT AT EACH BANK AT ANY TIME IS $100,000. THE AMOUNT OVER AND ABOVE FDIC INSURANCE OF $100,000 WHICH MAYBE KEPT ON DEPOSIT AT EACH BANK IS LIMITED THE VALUE OF APPROVED COLLATERAL, CALCULATED IN ACCORDANCE WITH REGULATIONS OF THE NEW YORK STATE COMPTROLLER, PLEDGED TO SECURE TOWN DEPOSITS AND DEPOSITED WITH THE DESIGNATED THIRD PARTY CUSTODIAN. 5. THE TOWN SUPERVISOR, DEPUTY TOWN SUPERVISOR AND TOWN COMPTROLLER AND THEIR SUCCESSORS AND ANY OTHER PERSON AUTHORIZED BY STATUTE, REGULATION OR COURT ORDER OF BEHALF OF THE THESE AUTHORIZED PERSONS, IS/ARE HEREBY AUTHORIZED TO SIGN, BY HAND OR BY FACSIMILE (INCLUDING, BUT NOT LIMITED TO, ELECTRONICALLY GENERATED) SIGNATURES(S), CHECKS, DRAFTS, ACCEPTANCES AND OTHER INSTRUMENTS. Two OF THE THREE PERSONS LISTED (I.E., THE TOWN SUPERVISOR, DEPUTY TOWN SUPERVISOR AND TOWN COMPTROLLER) SHALL BE REQUIRED TO SIGN ANY CHECKS, DRAFTS, ACCEPTANCES AND OTHER INSTRUMENTS. 6. THE TOWN SUPERVISOR AND TOWN COMPTROLLER ARE AUTHORIZED SINGLY, WITHIN OPERATIONAL PROCEDURES ESTABLISHED BY THE TOWN COMPTROLLER, TO INITIATE AUTOMATED CLEARING HOUSE DEBITS WITHOUT SIGNATURE; INITIATE PAYMENT BY USE OF DEPOSITORY TRANSFER CHECKS WITHOUT A SIGNATURE; OR GIVE INSTRUCTIONS, BY MEANS OTHER THAN THE SIGNING OF AN ITEM, WITH RESPECT TO ANY ACCOUNT Organizational Meeting, 01-06-2003, Mtg #1 449 TRANSACTION, INCLUDING THE PAYMENT TRANSFER OR WITHDRAWAL BY WIRE, COMPUTER OR OTHER ELECTRONIC MEANS. 7. THE TOWN SUPERVISOR AND TOWN COMPTROLLER ARE HEREBY AUTHORIZED WITHOUT FURTHER ACTION OF THE TOWN BOARD TO EXECUTE BANK FORMS ESTABLISHING PROCEDURES FOR CALL-BACK VERIFICATIONS AND WRITTEN CONFIRMATIONS IN CONNECTION WITH PAYMENT ORDERS, THEREBY DESIGNATING ONE OR MORE INDIVIDUALS, WHETHER OR NOT SUCH INDIVIDUALS BE DESIGNATED AS "AUTHORIZED PERSONS", FOR THE PURPOSE OF THE VERIFICATION OF PAYMENT ORDERS AND ISSUANCE OF WRITTEN CONFIRMATIONS. 8. THE TOWN CLERK AND/OR DEPUTY TOWN CLERK(S) IS/ARE HEREBY AUTHORIZED AND DIRECTED TO CERTIFY TO AUTHORIZED BANK DEPOSITORIES UNDER THE SEAL OF THE TOWN OF QUEENSBURY THE EFFECT OF THIS RESOLUTION, THE NAMES OF THE OFFICIALS, AUTHORIZED PERSONS AND OTHER REPRESENTATIVE OF THE TOWN OF QUEENSBURY AND ANY CHANGES FROM TIME TO TIME OF THESE OFFICIALS, AUTHORIZED PERSONS AND REPRESENTATIVES, AND SPECIMENS OF THEIR RESPECTIVE SIGNATURES. 9. THE TOWN BOARD AUTHORIZES AND DIRECTS THE INDIVIDUALS LISTED IN NUMBER 1 ABOVE, SUBJECT TO ANY WRITTEN LIMITATIONS, TO EXERCISE THE FOLLOWING "POWERS GRANTED" : A. EXECUTE AND DELIVER THE ECASHMANAGER INTERNET BANKING SERVICES AGREEMENT - GoVERNMENTAL (AGREEMENT) AND IN ACCORDANCE WITH SUCH AGREEMENT, USE COMPUTER BANKING TO CHECK BALANCES AND ACCOUNT INFORMATION ON THE TOWN'S DEPOSIT AND LOAN ACCOUNTS WITH EVERGREEN BANK (BANK), TRANSFER FUNDS FROM THE TOWN'S DEPOSIT ACCOUNTS TO OTHER DEPOSIT ACCOUNTS OF THE TOWN OR TO MAKE PAYMENTS ON THE TOWN'S LOAN ACCOUNTS AND TO ENTER STOP PAYMENT ORDERS ON THE TOWN'S CHECKING ACCOUNTS WITH THE BANK AND CONDUCT ANY OTHER ACTIVITY AUTHORIZED UNDER THE AGREEMENT; AND B. EXECUTE AND DELIVER THE ACH AGREEMENT BANKNORTH, N.A. GoVERNMENTAL CUSTOMER AGREEMENT FOR ELECTRONIC PAYMENT SERVICES AND IN ACCORDANCE WITH SUCH AGREEMENT, INITIATE DEBIT AND CREDIT ACH TRANSACTIONS TO THE DEPOSIT ACCOUNTS OF THE TOWN; C. EXECUTE AND DELIVER THE WIRE TRANSFER AGREEMENT (GoVERNMENTAL) AND IN ACCORDANCE WITH SUCH AGREEMENT, INITIATE DOMESTIC WIRE TRANSFERS FROM THE TOWN'S ACCOUNTS AT THE BANK; AND Organizational Meeting, 01-06-2003, Mtg #1 450 BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THAT: 1. THE BANK IS DESIGNATED TO PROVIDE THE COMPUTER-BASED FINANCIAL ACCOMMODATIONS INDICATED IN THIS RESOLUTION. 2. THIS RESOLUTION SHALL CONTINUE TO HAVE EFFECT UNTIL EXPRESS WRITTEN NOTICE OF ITS RESCISSION OR MODIFICATION HAS BEEN RECEIVED AND RECORDED BY THE BANK. ANY AND ALL PRIOR RESOLUTIONS ADOPTED BY THE TOWN BOARD AND CERTIFIED TO THE BANK AS GOVERNING THE OPERATION OF THE TOWN'S ACCOUNTS ARE IN FULL FORCE AND EFFECT UNTIL THE BANK RECEIVES AND ACKNOWLEDGES AN EXPRESS WRITTEN NOTICE OF ITS REVOCATION, MODIFICATION OR REPLACEMENT. ANY REVOCATION, MODIFICATION OR REPLACEMENT OF A RESOLUTION MUST BE ACCOMPANIED BY DOCUMENTATION, SATISFACTORY TO THE BANK, ESTABLISHING THE AUTHORITY FOR THE CHANGES. 3. THE SIGNATURE OF AN AGENT NAMED ON THIS RESOLUTION IS CONCLUSIVE EVIDENCE OF HIS AUTHORITY TO ACT ON BEHALF OF THE TOWN. ANY AGENT, SO LONG AS HE ACTS IN A REPRESENTATIVE CAPACITY AS AGENT OF THE TOWN, IS AUTHORIZED TO MAKE ANY AND ALL OTHER CONTRACTS AGREEMENTS, STIPULATIONS AND ORDERS WHICH HE MAY DEEM ADVISABLE FOR THE EFFECTIVE EXERCISE OF THE POWERS INDICATED ABOVE, FROM TIME TO TIME WITH THE BANK, SUBJECT TO ANY RESTRICTIONS ON THIS RESOLUTION OR OTHERWISE AGREED TO IN WRITING. 4. ALL COMPUTER BANKING TRANSACTIONS, IF ANY, BY OR ON BEHALF OF THE TOWN PRIOR TO THE ADOPTION OF THIS RESOLUTION ARE HEREBY RATIFIED, APPROVED AND CONFIRMED. 5. THE TOWN AGREES TO THE TERMS AND CONDITIONS OF THE ECASHMANAGER INTERNET BANKING SERVICES AGREEMENT - GOVERNMENTAL AND THE ACH AGREEMENT BANKNORTH, N.A. GoVERNMENTAL CUSTOMER AGREEMENT FOR ELECTRONIC PAYMENT SERVICES AND THE WIRE TRANSFER AGREEMENT (GoVERNMENTAL) AND AUTHORIZES ANY AGENT NAMED ABOVE TO EXECUTE SUCH AGREEMENTS AND DELIVER THEM TO THE BANK. THE TOWN AUTHORIZES THE BANK, AT ANY TIME, TO CHARGE THE TOWN FOR ALL CHECKS, DRAFTS OR OTHER ORDERS FOR THE PAYMENT OF MONEY THAT ARE DRAWN ON THE BANK SO LONG AS THEY CONTAIN THE REQUIRED NUMBER OF SIGNATURES FOR THIS PURPOSE. Organizational Meeting, 01-06-2003, Mtg #1 451 6. THE TOWN ACKNOWLEDGES AND AGREES THAT THE BANK MAY RELY ON ALTERNATIVE SIGNATURE AND VERIFICATION CODES TO OR OBTAINED FROM THE AGENTS NAMED IN THIS RESOLUTION. THE TERM "ALTERNATIVE SIGNATURE AND VERIFICATION CODES" INCLUDES, BUT IS NOT LIMITED TO, ID NUMBERS AND PERSONAL IDENTIFICATION NUMBERS (PIN) TO BE USED BY THE AGENTS TO ACCESS INTERNET BANKING SERVICES. THE BANK SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR UNAUTHORIZED USE OF ALTERNATIVE SIGNATURE AND VERIFICATION CODES UNLESS OTHERWISE AGREED TO IN WRITING. AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN COMPTROLLER'S OFFICE TO ADOPT A SYSTEM OF INTERNAL CONTROLS FOR THE DOCUMENTATION AND REPORTING OF ALL TRANSFERS OR DISBURSEMENTS OF FUNDS ACCOMPLISHED BY ELECTRONIC OR WIRE TRANSFER, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR AND/OR TOWN COMPTROLLER TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE ALL TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR NOES NONE ABSENT: NONE RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO.: 7,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER Organizational Meeting, 01-06-2003, Mtg #1 452 WHEREAS, NEW YORK STATE TOWN LAW 964, SUBDIVISION 11 REQUIRES THE TOWN BOARD TO DESIGNATE AN OFFICIAL NEWSPAPER FOR THE TOWN, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY DESIGNATES THE POST STAR AS THE TOWN OF QUEENSBURY'S OFFICIAL NEWSPAPER. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING TOWN SUPERVISOR TO FILE ANNUAL FINANCIAL REPORT IN TOWN CLERK'S OFFICE RESOLUTION NO.: 8,2003 INTRODUCED BY: MR. ROGER BOOR WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER WHEREAS, NEW YORK STATE GENERAL MUNICIPAL LAW 930 REQUIRES THE TOWN SUPERVISOR TO FILE THE TOWN'S ANNuAL FINANCIAL REpORT IN THE TOWN CLERK'S OFFICE ON OR BEFORE APRIL 30, 2003 IN LIEU OF FILING A SEPARATE FINANCIAL REPORT WITH THE TOWN CLERK BY FEBRUARY 28TH, 2003 AS REQUIRED BY NEW YORK STATE TOWN LAW 929, NOW, THEREFORE, BE IT RESOLVED, IN ACCORDANCE WITH NEW YORK STATE GENERAL MUNICIPAL LAW 930, THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO FILE A COPY OF THE ANNuAL FINANCIAL REpORT TO THE STATE COMPTROLLER WITH THE TOWN CLERK'S OFFICE ON OR BEFORE APRIL 30, 2003. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: Organizational Meeting, 01-06-2003, Mtg #1 453 AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING PURCHASE OF POSTAGE FOR WATER AND HIGHWAY DEPARTMENTS RESOLUTION NO.: 9,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, AT TIMES IT IS NECESSARY FOR THE TOWN OF QUEENSBURY WATER AND HIGHWAY DEPARTMENTS TO PURCHASE THEIR OWN POSTAGE FOR SMALL MAILINGS RATHER THAN USING THE POSTAGE MACHINE AT THE TOWN OFFICE BUILDING, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES THE TOWN'S WATER AND HIGHWAY DEPARTMENTS TO PURCHASE STAMPS AND REPLENISH THEIR SUPPLIES AS NEEDED. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING MUNICIPAL OFFICIALS TO ATTEND 2003 ANNUAL ASSOCIATION OF TOWNS CONFERENCE RESOLUTION NO.: 10,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION Organizational Meeting, 01-06-2003, Mtg #1 454 SECONDED BY: MR. TIM BREWER WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO AUTHORIZE CERTAIN MUNICIPAL OFFICIALS TO ATTEND THE ANNUAL NEW YORK STATE ASSOCIATION OF TOWNS CONFERENCE TO BE HELD IN NEW YORK CITY FROM FEBRUARY 16TH THROUGH FEBRUARY 19TH, 2003, NOW, THEREFORE, BE IT RESOLVED, IN ACCORDANCE WITH NEW YORK STATE TOWN LAW 9116, SUBDIVISION 10 AND SUBJECT TO AVAILABILITY OF BUDGETARY APPROPRIATIONS, THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES THE FOLLOWING TOWN OFFICERS AND EMPLOYEES TO ATTEND THE ANNUAL ASSOCIATION OF TOWNS CONFERENCE TO BE HELD IN NEW YORK CITY FROM FEBRUARY 16TH THROUGH FEBRUARY 19TH, 2003: TOWN SUPERVISOR TOWN BOARD MEMBERS TOWN HIGHWAY SUPERINTENDENT EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT DIRECTOR OF BUILDING AND CODES ENFORCEMENT WATER SUPERINTENDENT AND WASTEWATER DIRECTOR DEPUTY WATER SUPERINTENDENT OR DEPUTY WASTEWATER DIRECTOR TOWN ASSESSOR TOWN JUSTICES TOWN CLERK TOWN COMPTROLLER DIRECTOR OF INFORMATION TECHNOLOGY AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO CAST THE VOTE OF THE TOWN OF QUEENSBURY AT THE ASSOCIATION GENERAL MEETING AND IN HIS ABSENCE, AUTHORIZES AND DIRECTS THE DEPUTY SUPERVISOR TO CAST THE TOWN'S VOTE, AND BE IT FURTHER, RESOLVED, THAT ALL NECESSARY AND REASONABLE EXPENSES INCURRED AT THE ASSOCIATION OF TOWNS CONFERENCE SHALL BE DEEMED PROPER TOWN CHARGES. Organizational Meeting, 01-06-2003, Mtg #1 455 DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES NOES ABSENT: MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER NONE NONE RESOLUTION RE-APPOINTING REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER RESOLUTION NO.: 11,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, IN ACCORDANCE WITH NEW YORK STATE PUBLIC HEALTH LAW 94121(3)(A), THE QUEENSBURY TOWN BOARD WISHES TO RE-APPOINT DARLEEN DOUGHER AS REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY RE-APPOINTS DARLEEN DOUGHER AS REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER TO SERVE AT THE PLEASURE OF THE BOARD, AND BE IT FURTHER RESOLVED, THAT IMMEDIATELY UPON Ms. DOUGHER'S ACCEPTANCE OF APPOINTMENT, SHE SHALL APPOINT A DEPUTY TO ACT IN HER PLACE AND STEAD IN CASE OF ABSENCE OR INABILITY AND THE DEPUTY SHALL ACCEPT THIS APPOINTMENT IN WRITING. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR NOES NONE ABSENT: NONE Organizational Meeting, 01-06-2003, Mtg #1 456 RESOLUTION APPOINTING DIANA TALLON AS CONFIDENTIAL SECRETARY TO TOWN HIGHWAY SUPERINTENDENT RESOLUTION NO.: 12,2003 INTRODUCED BY: MR. ROGER BOOR WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, TOWN HIGHWAY SUPERINTENDENT RICHARD MISSITA HAS RECOMMENDED THAT DIANA TALLON BE RE-APPOINTED AS CONFIDENTIAL SECRETARY TO THE HIGHWAY SUPERINTENDENT FOR THE YEAR 2003, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY RE-APPOINTS DIANA TALLON AS CONFIDENTIAL SECRETARY TO THE TOWN HIGHWAY SUPERINTENDENT FOR THE YEAR 2003. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT: NONE RESOLUTION APPOINTING JUSTICE CLERKS AND DEPUTY COURT CLERK RESOLUTION NO.: 13,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER WHEREAS, IN ACCORDANCE WITH NEW YORK STATE TOWN LAW 920, SUBDIVISION l(A) AND NEW YORK STATE UNIFORM JUSTICE COURT ACT 9109, THE TOWN BOARD HAS THE AUTHORITY TO APPOINT TOWN JUSTICE COURT CLERKS AND DEPUTY COURT CLERKS, NOW, THEREFORE, BE IT Organizational Meeting, 01-06-2003, Mtg #1 457 RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPOINTS KAREN STOCKWELL AND CAROL FINAMORE AS TOWN JUSTICE COURT CLERKS AND KERRIE HATIN AS DEPUTY COURT CLERK, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN JUSTICE COURT TO NOTIFY THE NEW YORK STATE ADMINISTRATIVE BOARD OF THE JUDICIAL CONFERENCE OF THESE APPOINTMENTS. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES NOES ABSENT: MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NONE NONE RESOLUTION TO APPOINT TOWN HISTORIAN RESOLUTION NO.: 14,2003 INTRODUCED BY: MR. ROGER BOOR WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO RE-APPOINT MARIL YN VANDYKE, PH.D. AS ITS TOWN HISTORIAN FOR THE YEAR 2003, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY RE-APPOINTS MARILYN VANDYKE, EnD. AS TOWN HISTORIAN FOR THE ToWN OF QUEENSBURY FOR THE YEAR 2003. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER Organizational Meeting, 01-06-2003, Mtg #1 458 NOES NONE ABSENT: NONE RESOLUTION APPOINTING MEMBERS TO TOWN HISTORIAN'S ADVISORY BOARD RESOLUTION NO.: 15,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, THE TOWN OF QUEENSBURY PREVIOUSL Y ESTABLISHED THE TOWN HISTORIAN'S ADVISORY BOARD IN ACCORDANCE WITH THE QUEENSBURY TOWN CODE, AND WHEREAS, THE ONE-YEAR TERMS FOR THE ADVISORY BOARD MEMBERS RECENTLY EXPIRED AND THE TOWN BOARD WISHES TO APPOINT MEMBERS FOR THE YEAR 2003, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPOINTS THE FOLLOWING MEMBERS TO THE TOWN OF QUEENSBURY HISTORIAN'S ADVISORY BOARD UNTIL THEIR TERMS EXPIRE ON DECEMBER 31 ST, 2003: JOHN AUSTIN; DOUGLAS BAERTSCHI; DAVID BANNON; MAUREEN MONAHAN-CHASE; JOHN STROUGH; AND JUNE KRAUSE. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BROWER NOES NONE ABSENT: MR. BREWER RESOLUTION APPOINTING PLANNING BOARD CHAIRMAN RESOLUTION NO.: 16,2003 INTRODUCED BY: MR. ROGER BOOR Organizational Meeting, 01-06-2003, Mtg #1 459 WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO REAPPOINT CRAIG MAcEwAN AS CHAIRMAN OF THE TOWN'S PLANNING BOARD FOR 2003, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY REAPPOINTS CRAIG MAcEwAN AS CHAIRMAN OF THE TOWN'S PLANNING BOARD FOR 2003. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BROWER, MR. BOOR NOES NONE ABSENT: MR. BREWER RESOLUTION REAPPOINTING JOSEPH FUSCO AS MEMBER OF TOWN RECREATION COMMISSION RESOLUTION NO.: 17,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE TOWN OF QUEENSBURY PREVIOUSLY ESTABLISHED THE TOWN OF QUEENSBURY RECREATION COMMISSION IN ACCORDANCE WITH APPLICABLE NEW YORK STATE LAW, AND WHEREAS, THE TERM OF RECREATION COMMISSION MEMBER JOSEPH Fusco RECENTLY EXPIRED AND MR. Fusco WISHES TO BE REAPPOINTED TO THE COMMISSION, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY REAPPOINTS JOSEPH Fusco TO SERVE AS A MEMBER OF THE TOWN OF QUEENSBURY RECREATION COMMISSION UNTIL SUCH TERM EXPIRES ON DECEMBER 31 ST, 2009. Organizational Meeting, 01-06-2003, Mtg #1 460 DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT: MR. BREWER RESOLUTION APPOINTING MEMBERS TO CITIZENS ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES RESOLUTION NO.: 18,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE TOWN OF QUEENSBURY PREVIOUSLY ESTABLISHED A CITIZENS ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES AND VACANCIES EXIST ON THIS COMMITTEE, AND WHEREAS, THE TOWN BOARD WISHES TO APPOINT MEMBERS TO FILL THE VACANCIES ON THE ENVIRONMENTAL COMMITTEE, NOW, THEREFORE BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPOINTS THE FOLLOWING MEMBERS TO THE TOWN'S CITIZENS ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES: 1. BOB HUNTZ; 2. DEBORAH ROBERTS; 3. LINDA WHITE; 4. THOMAS JARRETT; 5. ALAN L. KOECHLEIN; AND 6. LEON STEVES - EX OFFICIO MEMBER. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT MR. BREWER Discussion held before vote: Supervisor Brower-With regret we have received the resignation of Mr. George Stec. Thanked Mr. Stec for his service. Organizational Meeting, 01-06-2003, Mtg #1 461 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO.: 19,2003 INTRODUCED BY: MR. ROGER BOOR WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, THE ADIRONDACK THEATRE FESTIVAL PRESENTS NUMEROUS PERFORMANCES AND EVENTS ANNUALLY IN THE TOWN OF QUEENSBURY AND THE CITY OF GLENS FALLS, THEREBY PROMOTING THE CULTURAL DEVELOPMENT OF THE COMMUNITY, AND WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO ENTER INTO AN AGREEMENT WITH THE ADIRONDACK THEATRE FESTIVAL FOR THE YEAR 2003 FOR THE PROMOTION OF PERFORMANCES AND EVENTS TO TOWN RESIDENTS, AND WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE AGREEMENT BETWEEN THE TOWN AND THE ADIRONDACK THEATRE FESTIVAL AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT, WITH FUNDING FOR THE AGREEMENT BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BROWER NOES NONE ABSENT: MR. BREWER RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND AMERICAN LEGION POST 533 RESOLUTION NO.: 20,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER Organizational Meeting, 01-06-2003, Mtg #1 462 WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH AMERICAN LEGION POST 533, AND WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE AGREEMENT BETWEEN THE TOWN AND AMERICAN LEGION POST 533 FOR THE YEAR 2003 AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BROWER, MR. BOOR NOES NONE ABSENT: MR. BREWER RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BIG BROTHERS/BIG SISTERS RESOLUTION NO.: 21,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH BIG BROTHERS/BIG SISTERS FOR THE YEAR 2003, AND WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND BIG BROTHERS/BIG SISTERS AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT, WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. Organizational Meeting, 01-06-2003, Mtg #1 463 DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT: MR. BREWER RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CARITAS, INC. RESOLUTION NO.: 22,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH CARITAS, INc., FOR THE YEAR 2003, AND WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND CARITAS, INc., AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT, WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CHAPMAN MUSEUM RESOLUTION NO.: 23,2003 Organizational Meeting, 01-06-2003, Mtg #1 464 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE CHAPMAN HISTORICAL MUSEUM, AND WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND THE CHAPMAN HISTORICAL MUSEUM AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS AREA YOUTH CENTER RESOLUTION NO.: 24,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, THE QUEENSBURY TOWN BOARD BELIEVES IT IS APPROPRIATE AND BENEFICIAL TO THE TOWN TO PROVIDE SERVICES AND BENEFITS SUCH AS CAREER COUNSELING AND DINNERS TO ECONOMICALL Y DISADVANTAGED YOUTHS RESIDING IN THE TOWN OF QUEENSBURY AND THEREFORE WISHES TO ENTER INTO AN AGREEMENT WITH THE GLENS FALLS AREA YOUTH CENTER FOR THE PROVISION OF THESE SERVICES AND BENEFITS, AND WHEREAS, A PROPOSED AGREEMENT FOR THE YEAR 2003 HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, Organizational Meeting, 01-06-2003, Mtg #1 465 NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND THE GLENS FALLS AREA YOUTH CENTER AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SYMPHONY ORCHESTRA, INC. RESOLUTION NO.: 25,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE GLENS FALLS SYMPHONY ORCHESTRA, INc., (SYMPHONY) HELPS TO PROMOTE THE CULTURAL DEVELOPMENT OF THE COMMUNITY, ATTRACTS MANY PERSONS TO THE QUEENSBURY AREA AND PROVIDES AN ECONOMIC BOON TO THE COMMUNITY, AND WHEREAS, THE TOWN OF QUEENSBURY THEREFORE WISHES TO ENTER INTO AN AGREEMENT WITH THE SYMPHONY FOR THE YEAR 2003 AND A PROPOSED AGREEMENT IN FORM APPROVED BY TOWN COUNSEL HAS BEEN PRESENTED AT THIS MEETING, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the Glens Falls Symphony Orchestra, Inc., helps promote cultural development in the Town of Queensbury and hereby approves of the Agreement between the Town of Queensbury and the Glens Falls Symphony Orchestra, Inc., as presented at this meeting, and BE IT FURTHER, RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. Organizational Meeting, 01-06-2003, Mtg #1 466 DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR NOES NONE ABSENT: NONE Discussion held before vote: Councilman Brewer-Does this contract state that there will be a concert in Queensbury? Town Counsel Hafner-Noted it was in the contract. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GREATER GLENS FALLS SENIOR CITIZENS, INC. RESOLUTION NO.: 26,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER WHEREAS, THE QUEENSBURY TOWN BOARD BELIEVES IT IS APPROPRIATE AND BENEFICIAL TO PROVIDE SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS TO TOWN OF QUEENSBURY SENIOR CITIZENS AND THEREFORE WISHES TO CONTRACT WITH THE GREATER GLENS FALLS SENIOR CITIZENS, INc. FOR SENIOR CITIZEN RECREATIONAL AND SOCIAL ACTIVITIES AND PROGRAMS, AND WHEREAS, A PROPOSED AGREEMENT BETWEEN THE TOWN AND THE GREATER GLENS FALLS SENIOR CITIZENS, INc. HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, AND WHEREAS, THIS AGREEMENT IS PERMITTED AND AUTHORIZED BY NEW YORK STATE GENERAL MUNICIPAL LAW 995A, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND THE GREATER GLENS FALLS SENIOR CITIZENS, INc. AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT: NONE Organizational Meeting, 01-06-2003, Mtg #1 467 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND HYDE COLLECTION RESOLUTION NO.: 27,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE HYDE COLLECTION, AND WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND THE HYDE COLLECTION AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LITERACY VOLUNTEERS RESOLUTION NO.: 28,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, THE QUEENSBURY TOWN BOARD BELIEVES IT IS APPROPRIATE AND BENEFICIAL TO THE TOWN TO PROVIDE REMEDIAL READING SERVICES TO TOWN OF QUEENSBURY ADULT RESIDENTS WITH READING DIFFICULTIES AND THEREFORE WISHES TO ENTER INTO AN AGREEMENT WITH LITERACY VOLUNTEERS FOR THE PROVISION OF THESE SERVICES, AND Organizational Meeting, 01-06-2003, Mtg #1 468 WHEREAS, A PROPOSED AGREEMENT FOR THE YEAR 2003 BETWEEN THE TOWN OF QUEENSBURY AND LITERACY VOLUNTEERS HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND LITERACY VOLUNTEERS AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND MOUNTAINSIDE FREE LIBRARY RESOLUTION NO.: 29,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE MOUNTAINSIDE FREE LIBRARY, AND WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE AGREEMENT WITH MOUNTAINSIDE FREE LIBRARY AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER Organizational Meeting, 01-06-2003, Mtg #1 469 NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE 2002 STANDARD YEAR END ADMINISTRATION SERVICES RESOLUTION NO.: 30, 2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO ENGAGE THE SERVICES OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE THE 2002 STANDARD YEAR END ADMINISTRATION SERVICES FOR THE TOWN OF QUEENSBURY'S VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM AS OUTLINED IN PENFLEX's SERVICE FEE AGREEMENT PRESENTED AT THIS MEETING, AND WHEREAS, PENFLEX WILL PROVIDE THESE SERVICES FOR THE ESTIMATED COST OF $8,250, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES AND AUTHORIZES THE ENGAGEMENT OF PENFLEX, INC. TO PROVIDE THE 2002 STANDARD YEAR END ADMINISTRATION SERVICES FOR THE TOWN'S VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM AT THE ESTIMATED COST OF $8,250 TO BE PAID FROM THE APPROPRIATE ACCOUNT, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH PENFLEX, INC. PRESENTED AT THIS MEETING AND TAKE ANY OTHER ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003 BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR NOES NONE ABSENT NONE Organizational Meeting, 01-06-2003, Mtg #1 470 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. : 31,2003 INTRODUCED BY: MR. ROGER BOOR WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER WHEREAS, on behalf of the Town of Queensbury, Queensbury Town Board members formed the Queensbury Economic Development Corporation CQEDC) in 1986 under the Not - for-Profit Corporation Law ~402 and ~ 1411, and WHEREAS, THE ToWN AND QEDC RECOGNIZE THE NEED TO REVITALIZE THE LOCAL ECONOMY BY INCREASING THE NUMBER OF JOBS FOR ToWN RESIDENTS BY ATTRACTING HIGH TECHNOLOGY AND OTHER INDUSTRIES TO THE AREA, AND WHEREAS, IN ACCORDANCE WITH THE NOT-FOR-PROFIT CORPORATION LAW 91411(A) AND QEDC's CERTIFICATE OF INCORPORATION, AS AMENDED, THE PURPOSES OF THE QEDC ARE THE EXCLUSIVEL Y CHARITABLE OR PUBLIC PURPOSES OF RELIEVING AND REDUCING UNEMPLOYMENT, PROMOTING AND PROVIDING FOR ADDITIONAL AND MAXIMUM EMPLOYMENT, BETTERING AND MAINTAINING JOB OPPORTUNITIES, INSTRUCTING OR TRAINING INDIVIDUALS TO IMPROVE OR DEVELOP THEIR CAPABILITIES FOR SUCH JOBS, CARRYING ON SCIENTIFIC RESEARCH FOR THE PURPOSE OF AIDING A COMMUNITY OR GEOGRAPHICAL AREA BY ATTRACTING NEW INDUSTRY TO THE COMMUNITY OR AREA OR BY ENCOURAGING THE DEVELOPMENT OF, OR RETENTION OF, AN INDUSTRY IN THE COMMUNITY OR AREA, AND LESSENING THE BURDENS OF GOVERNMENT AND ACTING IN THE PUBLIC INTEREST, AND WHEREAS, THE NOT-FOR-PROFIT CORPORATION LAW SPECIFICALLY FINDS THAT CORPORATIONS ORGANIZED UNDER 91411 PERFORM AN ESSENTIAL GOVERNMENTAL FUNCTION, AND WHEREAS, THE ToWN BOARD STRONGLY SUPPORTS QEDC's IMPORTANT MISSION TO IMPROVE EMPLOYMENT OPPORTUNITIES AND ECONOMIC DEVELOPMENT IN THE ToWN, AND WHEREAS, THE ToWN WISHES TO ENTER INTO AN AGREEMENT WITH QEDC AND A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING IN FORM APPROVED BY ToWN COUNSEL, Organizational Meeting, 01-06-2003, Mtg #1 471 NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES AND AUTHORIZES THE AGREEMENT WITH THE QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION PRESENTED AT THIS MEETING WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE ACCOUNT, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT AND TAKE SUCH OTHER AND FURTHER ACTION AS MAYBE NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003 BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO.: 32,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE QUEENSBURY LAND CONSERVANCY FOR THE PURPOSE OF HELPING TO PRESERVE OPEN SPACE IN THE TOWN OF QUEENSBURY, AND WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND THE QUEENSBURY LAND CONSERVANCY AND AUTHORIZES AND DIRECTS Organizational Meeting, 01-06-2003, Mtg #1 472 THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO.: 33,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER WHEREAS, THE QUEENSBURY TOWN BOARD BELIEVES IT APPROPRIATE AND BENEFICIAL TO PROVIDE SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS TO TOWN OF QUEENSBURY SENIOR CITIZENS AND THEREFORE WISHES TO CONTRACT WITH THE QUEENSBURY SENIOR CITIZENS, INc. FOR THESE TYPES OF ACTIVITIES AND PROGRAMS, AND WHEREAS, A PROPOSED AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INc. HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, AND WHEREAS, THIS AGREEMENT IS PERMITTED AND AUTHORIZED BY NEW YORK STATE GENERAL MUNICIPAL LAW 995A, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE AGREEMENT BETWEEN THE TOWN AND QUEENSBURY SENIOR CITIZENS, INc. AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE Organizational Meeting, 01-06-2003, Mtg #1 473 ABSENT: NONE RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY YOUTH BASEBALL & SOFTBALL, INC. RESOLUTION NO.: 34,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, THE TOWN OF QUEENSBURY WISHES TO ENTER INTO AN AGREEMENT WITH THE QUEENSBURYYOUTHBASEBALL& SOFTBALL, INc., AND WHEREAS, A PROPOSED AGREEMENT FOR THE YEAR 2003 HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND THE QUEENSBURY YOUTH BASEBALL & SOFTBALL, INc., AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING CONTRACT WITH WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO.: 35,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. DANIEL STEC Organizational Meeting, 01-06-2003, Mtg #1 474 WHEREAS, THE TOWN OF QUEENSBURY WISHES TO CONTRACT WITH THE WORLD AWARENESS CHILDREN'S MUSEUM FOR THE YEAR 2003, AND WHEREAS, A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT BETWEEN THE TOWN AND THE WORLD AWARENESS CHILDREN'S MUSEUM AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE AGREEMENT WITH FUNDING FOR THE AGREEMENT TO BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR NOES NONE ABSENT: NONE RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS CAPITAL PROJECT RESOLUTION NO.: 36,2003 INTRODUCED BY: MR. ROGER BOOR WHO MOVED ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, BYREsOLUTIONNo.: 245,2002 THE QUEENSBURYTOWNBOARDADOPTED THE YEAR 2002 CAPITAL IMPROVEMENT PLAN (CIP) FOR THE TOWN OF QUEENSBURY, WHICH CIP INCLUDED THE TOWN'S PROPOSED 2002 PRIORITIZED SHORT AND LONG-TERM CAPITAL PROJECTS, AND WHEREAS, IN ACCORDANCE WITH THE CIP, THE TOWN BOARD MUST CONDUCT A PUBLIC HEARING BEFORE APPROVING ANY SPECIFIC CAPITAL PROJECT LISTED ON THE CIP, AND WHEREAS, THE TOWN BOARD WISHES TO SCHEDULE A PUBLIC HEARING CONCERNING ESTABLISHMENT OF THE ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS CAPITAL PROJECT AS CURRENTL Y LISTED ON THE TOWN'S APPROVED CIP, Organizational Meeting, 01-06-2003, Mtg #1 475 NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD SHALL MEET AND HOLD A PUBLIC HEARING AT THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY AT 7:00 P.M. ON JANUARY 27TH, 2003 TO HEAR ALL INTERESTED PERSONS AND TAKE ANY NECESSARY ACTION PROVIDED BY LAW CONCERNING ESTABLISHMENT OF THE PROPOSED ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS CAPITAL PROJECT, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE QUEENSBURY TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC HEARING CONCERNING THE PROPOSED CAPITAL PROJECT IN THE MANNER PROVIDED BY LAW. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT TOWN OF QUEENSBURY'S FINANCIAL STATEMENTS FOR FISCAL YEAR ENDING DECEMBER 31,2002 RESOLUTION NO.: 37,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE QUEENSBURY TOWN BOARD PREVIOUSLY AUTHORIZED ENGAGEMENT OF THE SERVICES OF CUSACK & COMPANY, CPA's (CUSACK) TO AUDIT THE TOWN OF QUEENSBURY'S FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING DECEMBER 31, 2001 AND PROVIDE ACCOUNTING ADVICE TO THE TOWN THROUGHOUT 2002, AND WHEREAS, THE TOWN COMPTROLLER HAS BEEN PLEASED WITH THE SERVICES OF CUSACK AND WISHES TO CONTINUE ENGAGEMENT OF ITS SERVICES, AND Organizational Meeting, 01-06-2003, Mtg #1 476 WHEREAS, CUSACK HAS OFFERED TO AUDIT THE TOWN'S FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING DECEMBER 31, 2002 AT A COST NOT TO EXCEED $13,800 AS MORE SPECIFICALLY SET FORTH IN ITS LETTER DATED DECEMBER 1 ST, 2002, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES CONTINUATION OF THE AUDITING SERVICES OF CUSACK & COMPANY, CPA's TO PROVIDE AUDITING SERVICES TO THE TOWN OF QUEENSBURY FOR THE YEAR ENDING DECEMBER 31, 2002 AND PROVIDE ACCOUNTING ADVICE TO THE TOWN THROUGHOUT 2003 FOR AN AMOUNT NOT TO EXCEED $13,800 TO BE PAID FOR FROM THE APPROPRIATE ACCOUNT, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR AND/OR TOWN COMPTROLLER TO SIGN ANY DOCUMENTATION AND TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING CONTRACTUAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CONVENIENT MEDICAL CARE, P.C. FOR SUBSTANCE TESTING SERVICES RESOLUTION NO.: 38,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO ENTER INTO A CONTRACTUAL AGREEMENT WITH CONVENIENT MEDICAL CARE, P.c. TO PERFORM SUBSTANCE TESTING SERVICES FOR THE TOWN FOR 2003 IN ACCORDANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS (FMCSR), AND Organizational Meeting, 01-06-2003, Mtg #1 477 WHEREAS, CONVENIENT MEDICAL CARE, P.c., HAS OFFERED TO PERFORM THESE SERVICES IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE CONTRACTUAL AGREEMENT PRESENTED AT THIS MEETING, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES THE CONTRACTUAL AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND CONVENIENT MEDICAL CARE, P.c., TO PERFORM SUBSTANCE TESTING SERVICES FOR 2003 WITH THE COSTS FOR SUCH SERVICES TO BE PAID FOR FROM THE APPROPRIATE ACCOUNTS, AND BElT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO EXECUTE THE CONTRACTUAL AGREEMENT AND TAKE ANY OTHER ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE ABSENT: NONE RESOLUTION AWARDING BID FOR SENIOR CITIZENS TRANSPORTATION TO WARREN-HAMILTON COUNTIES ACEO, INC.- COMMUNITY ACTION AGENCY RESOLUTION NO.: 39,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, THE TOWN OF QUEENSBURY DULY ADVERTISED FOR BIDS FOR TRANSPORTATION FOR SENIOR CITIZENS IN THE TOWN OF QUEENSBURY FOR THE YEAR 2003, AND WHEREAS, THE WARREN-HAMILTON COUNTIES ACEO, INc. - COMMUNITY ACTION AGENCY HAS OFFERED TO PROVIDE THE TRANSPORTATION SERVICES FOR THE YEAR 2003 FOR THE AMOUNT OF $12,000, AND Organizational Meeting, 01-06-2003, Mtg #1 478 WHEREAS, THE ACTING PURCHASING AGENT HAS RECOMMENDED THAT THE TOWN BOARD AWARD THE BID TO THE WARREN-HAMILTON COUNTIES COMMUNITY ACTION AGENCY, THE ONLY AND THEREFORE LOWEST RESPONSIBLE BIDDER, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AWARDS THE CONTRACT FOR TRANSPORTATION OF SENIOR CITIZENS FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2003 TO THE WARREN-HAMILTON COUNTIES ACEO, INc. - COMMUNITY ACTION AGENCY FOR THE AMOUNT OF $12,000 TO BE PAID FOR FROM THE APPROPRIATE ACCOUNT, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR, TOWN COMPTROLLER AND/OR ACTING PURCHASING AGENT TO TAKE SUCH OTHER AND FURTHER ACTION AS MAY BE NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER NOES NONE ABSENT: NONE RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENTS RESOLUTION NO.: 40,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, FIRE PROTECTION SERVICES ARE PROVIDED TO THE TOWN OF QUEENSBURY BY THE BAY RIDGE VOLUNTEER FIRE Co., INc., NORTH QUEENSBURY VOLUNTEER FIRE Co., INc., QUEENSBURY CENTRAL VOLUNTEER FIRE Co., INc., SOUTH QUEENSBURY VOLUNTEER FIRE Co, INc., AND WEST GLENS FALLS VOLUNTEER FIRE CO., INc., (FIRE COMPANIES) IN ACCORDANCE WITH AGREEMENTS BETWEEN EACH FIRE COMPANY AND THE TOWN, AND WHEREAS, THE TOWN AND FIRE COMPANIES HAVE NEGOTIATED TERMS FOR NEW TWO (2) YEAR AGREEMENTS FOR FIRE PROTECTION SERVICES, AND Organizational Meeting, 01-06-2003, Mtg #1 479 WHEREAS, IN ACCORDANCE WITH TOWN LAW 9184 AND GENERAL MUNICIPAL LAW 9209(B), THE TOWN BOARD WISHES TO SET A PUBLIC HEARING CONCERNING THE PROPOSED AGREEMENTS FOR FIRE PROTECTION SERVICES, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD SHALL CONDUCT A PUBLIC HEARING CONCERNING THE PROPOSED NEW FIRE PROTECTION SERVICES AGREEMENTS BETWEEN THE TOWN AND BAY RIDGE VOLUNTEER FIRE Co., INc., NORTH QUEENSBURY VOLUNTEER FIRE Co., INc., QUEENSBURY CENTRAL VOLUNTEER FIRE Co., INc., SOUTH QUEENSBURY VOLUNTEER FIRE Co, INc., AND WEST GLENS FALLS VOLUNTEER FIRE Co., INc., ON JANUARY 27TH, 2003 AT 7:00 P.M., AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE QUEENSBURY TOWN CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING IN THE POST-STAR NEWSPAPER ONCE AT LEAST TEN (1 0) DAYS PRIOR TO THE PUBLIC HEARING. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING ADVANCE PAYMENT TO TOWN FIRE COMPANIES BEFORE EXECUTION OF NEW CONTRACTS RESOLUTION NO.: 41,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, FIRE PROTECTION SERVICES ARE PROVIDED TO THE TOWN OF QUEENSBURY BY THE BAY RIDGE VOLUNTEER FIRE Co., INc., NORTH QUEENSBURY VOLUNTEER FIRE Co., INc., QUEENSBURY CENTRAL VOLUNTEER FIRE Co., INc., SOUTH QUEENSBURY VOLUNTEER FIRE Co, INc., AND THE WEST GLENS FALLS VOLUNTEER FIRE Co., INc., (FIRE COMPANIES) IN ACCORDANCE WITH AGREEMENTS BETWEEN EACH FIRE COMPANY AND THE TOWN, AND Organizational Meeting, 01-06-2003, Mtg #1 480 WHEREAS, THE TOWN'S AGREEMENTS WITH THE FIRE COMPANIES HAVE STATED EXPIRATION DATES OF DECEMBER 31, 2002, AND WHEREAS, THE TOWN AND FIRE COMPANIES HAVE AGREED TO CONTINUE TO PROVIDE FIRE PROTECTION SERVICES UNDER THE TERMS AND PROVISIONS OF THE EXISTING AGREEMENTS DURING THE INTERIM PERIOD PENDING EXECUTION OF NEW AGREEMENTS WHICH IS ANTICIPATED AFTER THE PUBLIC HEARING ON NEW FIRE PROTECTION SERVICES AGREEMENTS IS HELD ON JANUARY 27TH, 2003, AND WHEREAS, THE FIRE COMPANIES MAY FACE CASH FLOW SHORTAGES BEFORE THE NEW AGREEMENTS CAN BE EXECUTED AND THEREFORE THE TOWN BOARD WISHES TO AUTHORIZE ADVANCE PAYMENTS ON THE 2003 AGREEMENTS TO THE FIRE COMPANIES, SUCH ADVANCES TO BE DEDUCTED FROM THE FIRST CONTRACT PAYMENTS WHICH WILL BE PAID AFTER THE 2003 CONTRACTS ARE RATIFIED AND VOUCHERS ARE SUBMITTED, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES THE TOWN SUPERVISOR TO APPROVE PAYMENT VOUCHERS TO THE TOWN OF QUEENSBURY FIRE COMPANIES IN ADVANCE PAYMENT ON THE NEW FIRE PROTECTION SERVICES 2003 AGREEMENTS AS FOLLOWS: 1. BAY RIDGE VOLUNTEER FIRE COMPANY, INc. $ 95,000 2. NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. $ 84,000 3. QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INc. $127,000 4. SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. $ 71,000 5. WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INc. $107,000 AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR AND TOWN COMPTROLLER TO MAKE ANY NECESSARY ARRANGEMENTS FOR ADVANCE PAYMENT TO THE FIRE COMPANIES AND TAKE SUCH OTHER AND FURTHER ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES NOES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER NONE Organizational Meeting, 01-06-2003, Mtg #1 481 ABSENT: NONE RESOLUTION AUTHORIZING BADGER METER INC. TO CONTINUE PROVIDING RADIO READ METERS AND ACCESSORIES TO WATER DEPARTMENT DURING 2003 RESOLUTION NO.: 42,2002 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE TOWN BOARD PREVIOUSLY AUTHORIZED BADGER METER, INc. TO PROVIDE RADIO READ METERS AND ACCESSORIES TO THE TOWN WATER DEPARTMENT DURING 2002, AND WHEREAS, THE WATER SUPERINTENDENT HAS RECOMMENDED THAT THE TOWN OF QUEENSBURY CONTINUE TO USE THE BADGER METER SYSTEM AND HAS THEREFORE REQUESTED TOWN BOARD AUTHORIZATION TO ALLOW BADGER METER, INc. TO CONTINUE PROVIDING RADIO READ METERS AND ACCESSORIES TO THE TOWN WATER DEPARTMENT DURING 2003 FOR A TOTAL SUM NOT TO EXCEED $125,000, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES BADGER METER, INc. TO CONTINUE PROVIDING THE TOWN OF QUEENSBURY WATER DEPARTMENT WITH RADIO READ METERS AND ACCESSORIES DURING 2003 FOR A TOTAL SUM NOT TO EXCEED $125,000 TO BE PAID FOR FROM ACCOUNT No.: 40-8340-2300, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN WATER SUPERINTENDENT, TOWN COMPTROLLER AND/OR TOWN SUPERVISOR TO EXECUTE ANY DOCUMENTATION AND TAKE SUCH OTHER AND FURTHER ACTION AS MAY BE NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT: NONE Organizational Meeting, 01-06-2003, Mtg #1 482 RESOLUTION AUTHORIZING POSITION RECLASSIFICATION/ UPGRADE AND ASSOCIATED APPOINTMENT TO POSITION RESOLUTION NO. 43,2003 INTRODUCED BY MR. TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY : MR. THEODORE TuRNER WHEREAS, THE QUEENSBURY TOWN BOARD WISHES TO RECLASSIFY AND UPGRADE A CERTAIN POSITION WITHIN THE TOWN OF QUEENSBURY AND APPOINT AN EMPLOYEE TO THIS RECLASSIFIED, UPGRADED POSITION, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES THE RECLASSIFICATION AND UPGRADE OF POSITION AND ASSOCIATED EMPLOYEE APPOINTMENT AND ANNUAL SALARY EFFECTIVE JANUARY 6TH, 2003 AS FOLLOWS: NAME POSITION GRADE OVERTIME ANNuAL SALARY TIMOTHY MAINTENANCE SUPERVISOR - 7 EXEMPT 46,680 BURCH WATER AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR AND/OR TOWN COMPTROLLER TO COMPLETE AND FILE ANY FORMS AND TAKE ANY ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE ABSENT: NONE Organizational Meeting, 01-06-2003, Mtg #1 483 RESOLUTION AWARDING BID FOR SODIUM HYPOCHLORITE FOR USE AT TOWN WATER TREATMENT PLANT RESOLUTION NO.: 44,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE TOWN OF QUEENSBURY DULY ADVERTISED FOR BIDS FOR SODIUM HYPOCHLORITE IN ACCORDANCE WITH WATER DEPARTMENT BID SPECIFICATION No.: 02-09, AND WHEREAS, THE WATER SUPERINTENDENT HAS REVIEWED THE BIDS AND, ALONG WITH THE ACTING PURCHASING AGENT, HAS RECOMMENDED THAT THE TOWN AWARD THE BID FOR THE SODIUM HYPOCHLORITE TO SURPASS CHEMICAL COMPANY, INc., THE LOWEST BIDDER MEETING ALL REQUIREMENTS SPECIFIED IN BID SPECIFICATIONNo.: 02-09, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AWARDS THE BID FOR SODIUM HYPOCHLORITE TO SURPASS CHEMICAL COMPANY, INc., FOR THE AMOUNT OF $ .405 PER GALLON DELIVERED FOR APPROXIMATELY 26,000 GALLONS OF SODIUM HYPOCHLORITE, WITH PAYMENT TO BE FROM THE APPROPRIATE WATER DEPARTMENT ACCOUNT, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD AUTHORIZES AND DIRECTS THE WATER SUPERINTENDENT TO TAKE ANY ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER NOES NONE ABSENT: NONE RESOLUTION ACCEPTING BID FOR SALE OF USED JOHN DEERE RIDING LAWN MOWER RESOLUTION NO.: 45,2003 Organizational Meeting, 01-06-2003, Mtg #1 484 INTRODUCED BY: MR. TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TuRNER WHEREAS, IN ACCORDANCE WITH TOWN BOARD RESOLUTION No.: 492,2002, THE TOWN CLERK DULY ADVERTISED FOR THE SALE OF A 1985 JOHN DEERE RIDING LAWN MOWER WITH ATTACHMENTS FORMERLY USED BY THE TOWN'S BUILDING AND GROUNDS DEPARTMENT, AND WHEREAS, ALLEN WOOD OF SCHUYLERVILLE, NEW YORK SUBMITTED THE HIGHEST BID FOR THE PURCHASE OF THE LAWN MOWER, AND WHEREAS, THE FACILITIES MANAGER HAS RECOMMENDED THAT THE TOWN BOARD ACCEPT THE BID OF MR. WOOD, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY ACCEPTS THE BID FOR THE SALE OF A 1985 JOHN DEERE RIDING LAWN MOWER WITH ATTACHMENTS FORMERLY USED BY THE TOWN'S BUILDING AND GROUNDS DEPARTMENT TO ALLEN WOOD OF SCHUYLERVILLE, NEW YORK FOR THE AMOUNT OF $901, WITH FUNDS RECEIVED FOR THE SALE OF THE LAWN MOWER TO BE DEPOSITED INTO THE PROPER TOWN ACCOUNT, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR, FACILITIES MANAGER AND/OR TOWN COMPTROLLER TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR NOES NONE ABSENT: NONE RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #4313 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 46,2003 Organizational Meeting, 01-06-2003, Mtg #1 485 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, THE TOWN OF QUEENSBURY HAS ESTABLISHED A HOUSING REHABILITATION PROGRAM WHICH PROVIDES GRANTS TO COVER 100% OF THE COST OF REHABILITATION UP TO A MAXIMUM OF $20,000, AND WHEREAS, a single family property, Case File No.: 4313, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is nineteen thousand five- hundred dollars ($19,500), and WHEREAS, SHELTER PLANNING & DEVELOPMENT, INC. HAS OVERSEEN THE GRANT PROCESS AND HAS VERIFIED THAT IT HAS BEEN FOLLOWED IN THIS CASE AND RECOMMENDS APPROVING THIS GRANT, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4313 in the Town of Queensbury, New York in the amount not to exceed nineteen thousand five- hundred dollars ($19,500) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. DUL Y ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT NONE RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4307 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 47,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION Organizational Meeting, 01-06-2003, Mtg #1 486 SECONDED BY: MR. DANIEL STEC WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and WHEREAS, A SINGLE FAMILY PROPERTY, CASE FILE # 4307, HAS BEEN DETERMINED TO BE ELIGIBLE FOR REHABILITATION GRANT ASSISTANCE AND THE OWNER OF THE PROPERTY HAS REQUESTED SUCH ASSISTANCE, AND WHEREAS, by Resolution 392,2002, the Queensbury Town Board approved a rehabilitation grant in the amount of twenty-thousand five-hundred twenty-one dollars and sixty cents ($20,521.60) for Case File #4307, and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is twenty-one thousand one- hundred one dollars and sixty cents ($21,101. 60) and is still the lowest acceptable cost, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Town Board approves a grant for Case File #4307, Queensbury, New York, in the amount not to exceed twenty-one thousand one-hundred one dollars and sixty cents ($21,101.60) and authorizes and directs the Town Supervisor and/or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. DUL Y ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT NONE RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4310 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 48,2003 INTRODUCED BY: MR. TIM BREWER Organizational Meeting, 01-06-2003, Mtg #1 487 WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and WHEREAS, A SINGLE FAMILY PROPERTY, CASE FILE # 4310, HAS BEEN DETERMINED TO BE ELIGIBLE FOR REHABILITATION GRANT ASSISTANCE AND THE OWNER OF THE PROPERTY HAS REQUESTED SUCH ASSISTANCE, AND WHEREAS, by Resolution 418,2002, the Queensbury Town Board approved a rehabilitation grant in the amount of eighteen-thousand five-hundred twenty-four dollars ($18,524) for Case File #4310, and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is twenty-two thousand three-hundred ninety-nine dollars ($22,399) and is still the lowest acceptable cost, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Town Board approves a grant for Case File #4310, Queensbury, New York, in the amount not to exceed twenty-two thousand three-hundred ninety-nine dollars ($22,399) and authorizes and directs the Town Supervisor and/or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. DUL Y ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE ABSENT NONE RESOLUTION REAPPOINTING MEMBERS TO OPEN SPACE PLAN COMMITTEE RESOLUTION NO.: 49,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED FOR ITS ADOPTION Organizational Meeting, 01-06-2003, Mtg #1 488 SECONDED BY: MR. THEODORE TuRNER WHEREAS, THE QUEENSBURY TOWN BOARD PREVIOUSLY ESTABLISHED AND APPOINTED MEMBERS TO ITS OPEN SPACE PLAN COMMITTEE TO ASSIST IN DEVELOPING THE TOWN'S OPEN SPACE PLAN, AND WHEREAS, the Town Board wishes to reappoint members to the Open Space Plan Committee, NOW, THEREFORE BE IT RESOLVED, THAT THE QUEENSBURY ToWN BOARD HEREBY REAPPOINTS THE FOLLOWING MEMBERS TO ITS OPEN SPACE PLAN COMMITTEE: JAMES UNDERWOOD; DEBORAH ROBERTS; JOHN STROUGH; CATHERINE LABOMBARD; CHARLES H. MAINE; LINCOLN CATHERS; BARBARA SWEET; ALEX M. HALL; LARRY EICHLER AND BE IT FURTHER, RESOLVED, THAT THE QUEENSBURY ToWN BOARD HEREBY APPOINTS AS AN Ex OFFICIO MEMBER TO ITS OPEN SPACE PLAN COMMITTEE: LEON M. STEVES. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER NOES NONE ABSENT NONE Organizational Meeting, 01-06-2003, Mtg #1 489 RESOLUTION AUTHORIZING COOL INSURING AGENCY, INC. TO PURCHASE TOWN INSURANCE COVERAGES RESOLUTION NO.: 50,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, COOL INSURING AGENCY, INc. (COOL) IS THE TOWN OF QUEENSBURY'S GENERAL INSURANCE AGENT, AND WHEREAS, COOL SOLICITED PROPOSALS FROM INSURANCE COMPANIES FOR THE TOWN'S INSURANCE COVERAGE FOR 2003, AND WHEREAS, COOL HAS SUBMITTED THE PROPOSALS TO THE TOWN COMPTROLLER AND HAS RECOMMENDED THAT THE TOWN AUTHORIZE ARGONANT COMPANIES (RATED A-, A AND A+ BY AM BEST) AND TRAVELERS PROPERTY CASUALTY GROUP (RATED A++) TO WRITE THE TOWN POLICIES AND DIAMOND STATE (RATED A+) TO WRITE THE TOWN'S PUBLIC OFFICIALS LIABILITY POLICY, AND WHEREAS, THE TOWN COMPTROLLER CONCURS WITH COOL'S RECOMMENDATIONS AND PROPOSES THAT THE TOWN BOARD AUTHORIZE COOL TO PURCHASE THE INSURANCE COVERAGES AS SET FORTH IN THE PREMIUM COMPARISON EFFECTIVE JANUARY 1sT, 2003 ATTACHED TO THE COMPTROLLER'S DECEMBER 26TH, 2002 MEMORANDUM ATTACHED TO THIS RESOLUTION, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND RATIFIES COOL INSURING AGENCY, INC.'S PURCHASE OF TOWN OF QUEENSBURY'S INSURANCE COVERAGES EFFECTIVE JANUARY 1sT, 2003 AS DELINEATED ABOVE AND IN THE TOWN COMPTROLLER'S DECEMBER 26TH, 2002 MEMORANDUM AND COOL'S PREMIUM COMPARISON ATTACHED TO THIS RESOLUTION, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN COMPTROLLER AND/OR TOWN SUPERVISOR TO EXECUTE ANY DOCUMENTATION AND TAKE ANY ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR Organizational Meeting, 01-06-2003, Mtg #1 490 NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING ALLOCATION OF SPACE OF TOWN BUILDING LOCATED AT 195 SUNNYUSIDE ROAD TO TOWN HISOTRIAN AND AUTHORIZING AGREEMENT WITH WARREN COUNTY HISTORICAL SOCIETY REGARDING ALLOCATION OF SPACE AT 195 SUNNYSIDE ROAD RESOLUTION NO. 51.2003 RESOLUTION PULLED INTRODUCED BY: MR. ROGER BOOR WHO MOVED FOR IT'S ADOPTION SECONCED BY: MR. DENNIS BROWER DISCUSSION HELD BEFORE VOTE: COUNCILMAN TURNER-WOULD LIKE TO PULL THE RESOLUTION SO WE CAN TALK TO THE PARTIES INVOLVED IN A WORKSHOP. COUNCILMAN BOOR-I FEEL BAD FOR MARILYN I THINK IT IS A PERFECT MARRIAGE BECAUSE OF THE LOCATION AND THE FACT I WOULD HATE TO THINK THE ONLY THING WE USE IT FOR IS VOTING AND IT SITS IDLE. I THINK CHUCK RICE WOULD LIKE A PORTION OF IT AND I THINK DARLEEN WOULD LIKE TO STORE THE VOTING MACHINES THERE AND I THINK THE HISTORIAN WOULD VERY MUCH LIKE TO BE LOCATED THERE. As FAR AS A VOTING PLACE WE HAVE A MULTI MILLION DOLLAR FIRE HOUSE AND I KNOW I HAVE GOTTEN SEVERAL PHONE CALLS AND LETTERS FROM PEOPLE WHO WANT TO KNOW WHY THEY CANNOT VOTE THERE. IT PUTS TOGETHER BOTH WARREN COUNTY AND QUEENSBURY AND CONSOLIDATES WHERE WE STORE OUR HISTORICAL DATA, IT PROVIDES A GREAT OPPORTUNITY. SUPERVISOR BROWER-COUNCILMAN TURNER WHO WOULD YOU LIKE TO COME TO THE WORKSHOP? COUNCILMAN TURNER-THOSE THAT ARE GOING TO OCCUPY THE BUILDING. COUNICLMAN BREWER-COMMENTED THAT WE SHOULD HAVE A PLAN FOR THE BUILDING USE. SUPERVISOR BROWER-REQUESTED THAT THE WORKSHOP BE ON MONDAY. DR. VANDYKE-TOWN HISTORIAN AND EXECUTIVE DIRECTOR OF THE WARREN CO. HISTORICAL SOCIETY, THE SOCIETY HAS A YEAR BY YEAR LEASE AT 71 LAWRENCE STREET, WHICH EXPIRES ON MARCH 14H 2003. NOTED THAT THE SOCIETY WILL HAVE TO SPEAK TO THE LANDLORD FOR AN EXTENSION OF THE LEAASE TO ALLOW FOR THE 60 DAY NOTICE...CONSENSUS OF THE BOARD TO PULL THE RESOLUTION. SUPERVISOR BROWER-SUGGESTED THAT A WORKSHOP BE HELD ON THURSDAY NIGHT AT 7:00 P.M. THE RESOLUTION AVAILABLE TO BE VOTE ON THURSDAY EVENING. RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING BOARD CHAIRMAN TO ATTEND 2003 AMERICAN PLANNING ASSOCIATION CONFERENCE RESOLUTION NO.: 51,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, THE TOWN OF QUEENSBURY EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING BOARD CHAIRMAN HAVE REQUESTED TOWN BOARD Organizational Meeting, 01-06-2003, Mtg #1 491 AUTHORIZATION TO ATTEND THE 2003 AMERICAN PLANNING ASSOCIATION (AP A) NATIONAL PLANNING CONFERENCE, AND WHEREAS, THE QUEENSBURY TOWN BOARD PREVIOUSLY AUTHORIZED ALLOCATION OF FUNDS FOR CONFERENCE EXPENSES WITHIN THE PLANNING DEPARTMENT'S BUDGET, AND WHEREAS, IN ACCORDANCE WITH TOWN POLICY THE QUEENSBURY TOWN BOARD MUST AUTHORIZE OUT -OF -STATE TRAVEL BY TOWN EMPLOYEES, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES THE EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AND THE PLANNING BOARD CHAIRMAN TO ATTEND THE 2003 AMERICAN PLANNING ASSOCIATION CONFERENCE TO BE HELD IN DENVER, CO FROM MARCH 29TH THROUGH APRIL 2ND, 2003, AND BE IT FURTHER, RESOLVED, THAT ALL NECESSARY AND REASONABLE EXPENSES INCURRED AT THE CONFERENCE ARE PROPER TOWN CHARGES AND THAT ALL EXPENSES SHALL BE PAID FOR FROM THE APPROPRIATE TOWN ACCOUNT. DUL Y ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING REPAIRS TO CAT GRADER IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 52,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. TIM BREWER Organizational Meeting, 01-06-2003, Mtg #1 492 WHEREAS, THE QUEENSBURY TOWN BOARD PREVIOUSLY ADOPTED PURCHASING PROCEDURES WHICH REQUIRE THAT THE TOWN BOARD MUST APPROVE ANY PURCHASE IN AN AMOUNT OF $5,000 OR GREATER UP TO NEW YORK STATE BIDDING LIMITS, AND WHEREAS, THE TOWN HIGHWAY SUPERINTENDENT HAS ADVISED THE TOWN BOARD THAT A CAT GRADER IN THE HIGHWAY DEPARTMENT IS IN NEED OF IMMEDIATE REPAIR FOR SNOW CLEARING PURPOSES AND THEREFORE THE REPAIRS ARE NEEDED ON AN EMERGENCY BASIS, AND WHEREAS, THE HIGHWAY SUPERINTENDENT HAS OBTAINED PROPOSALS FOR THE REPAIRS AND HAS REQUESTED TOWN BOARD APPROVAL TO OBTAIN THE MATERIALS AND REPAIR SERVICES FROM SOUTHWORTH EQUIPMENT FOR AN AMOUNT NOT TO EXCEED $9,695, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE HIGHWAY SUPERINTENDENT OBTAINING THE MATERIALS FROM AND ENGAGING THE SERVICES OF SOUTHWORTH EQUIPMENT TO MAKE THE NECESSARY EMERGENCY REPAIRS TO A CAT GRADER IN THE HIGHWAY DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $9,695 TO BE PAID FOR FROM ACCOUNT No.: 04- 5130-4110 - 2002 APPROPRIATIONS, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD AUTHORIZES A 2002 BUDGET AMENDMENT AND TRANSFER OF $3,000 FROM ACCOUNT No.: 004-5130-4200 TO ACCOUNT No.: 004-5130-4110, AND RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE HIGHWAY SUPERINTENDENT, 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 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT: NONE RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 53,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION Organizational Meeting, 01-06-2003, Mtg #1 493 SECONDED BY: MR. ROGER BOOR WHEREAS, THE ATTACHED BUDGET AMENDMENT REQUESTS HAVE BEEN DULY INITIATED AND JUSTIFIED AND ARE DEEMED COMPLIANT WITH TOWN OPERATING PROCEDURES AND ACCOUNTING PRACTICES BY THE TOWN COMPTROLLER, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND DIRECTS THE TOWN COMPTROLLER'S OFFICE TO TAKE ALL ACTION NECESSARY TO TRANSFER FUNDS AND AMEND THE 2002 TOWN BUDGET AS FOLLOWS: BUILDING AND CODES: FROM: TO: $ AMOUNT: 01-3620-1060 (CLERK - FULL- TIME) 01-3620-4155 (TEMP. CONT. SERVICES) 2,400. TOWN COUNSEL: FROM: TO: $ AMOUNT: 01-1990-4400 (CONTINGENCY) 01-1420-4130 (COUNSEL FEES) 8,000. WASTEWATER: FROM: TO: $ AMOUNT: 034-8110-4130 (TOWN COUNSEL FEES) 034-8130-4425 500. (SEWAGE TREATMENT -GF) 034-8120-4300 (ELECTRICITY) 034-8130-4425 500. (SEWAGE TREATMENT -GF) 034-8120-4520 (ODOR CONTROL) 034-8130-4425 1,360. (SEWAGE TREATMENT -GF) 034-8120-4800 (EQUIP. REPAIRS) 034-8130-4425 1,390. (SEWAGE TREATMENT -GF) 135-1990-4417 (S. QBY. CONTINGENCY) 135-8150-2899 1,200. (CAPITAL CONSTRUCTION) DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE Organizational Meeting, 01-06-2003, Mtg #1 494 ABSENT: NONE Discussion held before vote: Councilman Stec-Regarding budget amendment for Counsel did we run over? Town Counsel Hafner-Noted that was on the litigation side. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH NEW YORK STATE FOR "LAKE GEORGE - PLAN FOR THE FUTURE" GRANT FUNDS AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT FUNDS RESOLUTION NO.: 54,2003 INTRODUCED BY: MR. DANIEL STEC WHO MOVED ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, THE TOWN OF QUEENSBURY HAS RECEIVED $315,000 IN MATCHING GRANT FUNDS FROM NEW YORK STATE FOR IMPLEMENTATION OF THE "LAKE GEORGE - PLAN FOR THE FUTURE" DOCUMENT WHICH UPDATES THE 1987 DOCUMENT ENTITLED "THE PLAN FOR THE FUTURE OF THE LAKE GEORGE PARK," AND WHEREAS, A LOCAL "MATCH" TO THE $315,000 GRANT AWARDED BY THE STATE IS REQUIRED, SUCH MATCH TO COME IN THE FORM OF MAINLY IN-KIND SERVICES WITH A SMALL PORTION BEING MATCHED BY CASH CONTRIBUTIONS FROM LOCAL MUNICIPALITIES AND/OR OTHER ASSOCIATIONS OF NON-PROFIT ORGANIZATIONS, IN THIS CASE, SUCH CONTRIBUTIONS FROM NINE (9) MUNICIPALITIES AND/OR ASSOCIATIONS BEING IN THE AMOUNT OF $7,000 EACH FOR A CASH CONTRIBUTION OF $63,000, AND WHEREAS, THE TOWN BOARD WISHES TO AUTHORIZE EXECUTION OF THE GRANT AGREEMENT WITH NEW YORK STATE AND ESTABLISH APPROPRIATIONS AND ESTIMATED REVENUES FOR THE $315,000 GRANT AWARD PLUS AN ADDITIONAL $7,000 TO BE CONTRIBUTED BY THE TOWN, AND WHEREAS, A COPY OF THE PROPOSED GRANT AGREEMENT HAS BEEN PRESENTED AT THIS MEETING, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY ACCEPTS THE $315,000 IN MATCHING GRANT FUNDS RECEIVED FROM NEW YORK STATE FOR IMPLEMENTATION OF THE "LAKE GEORGE - PLAN FOR THE FUTURE" PROGRAM AND AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR Organizational Meeting, 01-06-2003, Mtg #1 495 TO EXECUTE THE GRANT AGREEMENT, IN A FORM TO BE ACCEPTABLE TO TOWN COUNSEL, THE TOWN SUPERVISOR AND THE TOWN COMPTROLLER AND ANY OTHER ASSOCIATED DOCUMENTATION AND TAKE ANY OTHER ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER ESTABLISHES APPROPRIATIONS AND ESTIMATED REVENUES IN THE AMOUNT OF $378,000 ($315,000 FOR GRANT FUNDS TO BE RECEIVED, $7,000 IN FUNDS TO BE CONTRIBUTED BY THE TOWN AND $56,000 TO BE CONTRIBUTED FROM OTHER MUNICIPALITIES AND/OR ASSOCIATIONS), SUCH APPROPRIATIONS AND ESTIMATED REVENUES TO BE RECORDED IN ACCOUNTS TO BE DETERMINED BY THE TOWN COMPTROLLER'S OFFICE, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN COMPTROLLER'S OFFICE TO AMEND THE 2003 TOWN BUDGET, MAKE ANY ADJUSTMENTS, BUDGET AMENDMENTS, TRANSFERS OR PREPARE ANY DOCUMENTATION NECESSARY TO ESTABLISH SUCH APPROPRIATIONS AND ESTIMATED REVENUES AND EFFECTUATE ALL TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER NOES NONE ABSENT: NONE DISCUSSION HELD BEFORE VOTE: SUPERVISOR BROWER-THIS IS A GRANT FOR $315,000 THAT THE LAKE GEORGE WATERSHED CONFERENCE APPLIED FOR ON BEHALF OF THE TOWN OF QUEENSBURY, THE TOWN WILL PAY $7,000 AS PART OF THE MATCH ALONG WITH EVERY OTHER COMMUNITY ON THE LAKE WILL ALSO PAY $7.000 AS WELL AS IN KIND SERVICES TO MAKE THE 315,000 DOLLARS THAT IS PROVIDED BY THE STATE FOR REMEDIATION OF A NUMBER OF FACTORS ON LAKE GEORGE. MR. DAVID DECKER-DIRECTOR OF THE LAKE GEORGE WATERSHED CONFERENCE. REpORT ANNuALLY TO ALL THE TOWNS. . . ON THE ACTIVITIES ON THE CONFERNECE AND VARIOUS PROGRAMS. NOTED THIS IS THE THIRD GRANT, THE FIRST ONE TO THE TOWN OF LAKE GEORGE, LAST YEARS TO THE TOWN OF BOLTON. SPOKE TO THE BOARD ON OUT OF POCKET EXPENSES. . . SUCH AS THE PURCHASE OF A HYDRO SEEDER USED BY MANY MUNICIPALITIES. . . RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND DAVID J. DECKER, P.E. & ASSOCIATES FOR PROVISION OF PROGRAM AND PROJECT MANAGEMENT SERVICES RELATED TO "LAKE GEORGE - PLAN FOR THE FUTURE" GRANT FUNDS RECEIVED BY THE TOWN OF QUEENSBURY RESOLUTION NO.: 55,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION Organizational Meeting, 01-06-2003, Mtg #1 496 SECONDED BY: MR. ROGER BOOR WHEREAS, BY PREVIOUS RESOLUTION THE QUEENSBURY TOWN BOARD ACCEPTED AND ESTABLISHED APPROPRIATIONS AND ESTIMATED REVENUES IN THE TOTAL AMOUNT OF $378,000 FOR "LAKE GEORGE - PLAN FOR THE FUTURE" GRANT FUNDS, AND WHEREAS, THE TOWN BOARD WISHES TO AUTHORIZE ENGAGEMENT OF DAVID 1. DECKER, P.E. & ASSOCIATES FOR THE PROVISION OF PROGRAM AND PROJECT MANAGEMENT SERVICES RELATED TO SUCH FUNDS, AND WHEREAS, A COPY OF A PROPOSED AGREEMENT HAS BEEN PRESENTED AT THIS MEETING AND IS IN FORM APPROVED BY TOWN COUNSEL, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY APPROVES OF THE AGREEMENT WITH DAVID 1. DECKER, P.E. & ASSOCIATES SUBSTANTIALLY IN THE FORM PRESENTED AT THIS MEETING FOR THE PROVISION OF PROGRAM AND PROJECT MANAGEMENT SERVICES RELATING TO THE "LAKE GEORGE - PLAN FOR THE FUTURE" GRANT FUNDS RECEIVED BY THE TOWN, AND BE IT FURTHER, RESOLVED, THAT THE FEES PAID DAVID 1. DECKER, P.E. & ASSOCIATES, FOR RENDERING 12 MONTHS WORTH OF PROGRAM MANAGEMENT SERVICES SHALL BE $81,000, NOT TO INCLUDE OUT- OF-POCKET EXPENSES AS DELINEATED IN THE ATTACHED AGREEMENT, SUCH SERVICES TO PAID FROM THE GRANT FUNDS RECEIVED BY THE TOWN AND TO BE PAID FOR FROM THE APPROPRIATE ACCOUNT AS DETERMINED BY THE TOWN COMPTROLLER, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR TO SIGN THE AGREEMENT AND FURTHER AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR AND/OR TOWN COMPTROLLER TO TAKE SUCH OTHER AND FURTHER ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES NOES MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR NONE Organizational Meeting, 01-06-2003, Mtg #1 497 ABSENT: NONE RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT WEST MOUNTAIN SKI CENTER ON JANUARY 18,2003 RESOLUTION NO.: 56,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, ALONZO FIREWORKS DISPLAY, INc., ON BEHALF OF WEST ENTERPRISES, HAS REQUESTED PERMISSION TO CONDUCT A FIREWORKS DISPLAY AS FOLLOWS: SPONSOR: WEST ENTERPRISES PLACE: WEST MOUNTAIN SKI CENTER DATE: SATURDAY, JANUARY 18,2003 TIME: 9:30 P.M. (APPROX.) 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 M05, TO ISSUE A FIREWORKS PERMIT TO ALONZO FIREWORKS DISPLAY, INc., ON BEHALF OF WEST ENTERPRISES, SUBJECT TO THE FOLLOWING CONDITIONS: 1. 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. Organizational Meeting, 01-06-2003, Mtg #1 498 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 WEST GLENS FALLS 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 9405, 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 MAYBE 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 OF IN A WAY SAFE FOR THE PARTICULAR TYPE OF FIREWORKS Organizational Meeting, 01-06-2003, Mtg #1 499 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 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. STEC, MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER NOES NONE ABSENT: NONE RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT HILAND GOLF COURSE ON JANUARY 18,2003 RESOLUTION NO.: 57,2003 INTRODUCED BY: MR. THEODORE TuRNER WHO MOVED ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, FANTASY FIREWORKS ON BEHALF OF MR. ERIC RIVERA HAS REQUESTED PERMISSION TO CONDUCT A FIREWORKS DISPLAY AS FOLLOWS: SPONSOR: ERIC RIVERA PLACE: HILAND GoLF COURSE DATE: SATURDAY, JANUARY 18,2003 TIME: 6:00 P.M. (APPROX.) 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 M05, TO ISSUE A FIREWORKS PERMIT TO FANTASY FIREWORKS ON BEHALF OF ERIC RIVERA SUBJECT TO THE FOLLOWING CONDITIONS: 2. AN APPLICATION FOR PERMIT BE FILED WHICH SETS FORTH: Organizational Meeting, 01-06-2003, Mtg #1 500 H. 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. I. THE DATE AND TIME OF DAY AT WHICH THE DISPLAY IS TO BE HELD. 1. THE EXACT LOCATION PLANNED FOR THE DISPLAY. K. THE AGE, EXPERIENCE AND PHYSICAL CHARACTERISTICS OF THE PERSONS WHO ARE TO DO THE ACTUAL DISCHARGING OF THE FIREWORKS. L. THE NUMBER AND KIND OF FIREWORKS TO BE DISCHARGED. M. THE MANNER AND PLACE OF STORAGE OF SUCH FIREWORKS PRIOR TO THE DISPLAY. N. 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. 3. 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; 5. INSPECTIONS AND APPROVAL MUST BE MADE BY THE QUEENSBURY FIRE MARsHAL AND THE CHIEF OF THE BAY RIDGE VOLUNTEER FIRE COMPANY, INc., 6. 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 9405, 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 Organizational Meeting, 01-06-2003, Mtg #1 501 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 MAYBE 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 OF 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 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BREWER, MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC NOES NONE ABSENT: NONE 7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR RESOLUTION EXTENDING BID AWARD FOR LIQUID ALUM FOR USE AT TOWN WATER TREATMENT PLANT FOR YEAR 2003 RESOLUTION NO. : 58,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC WHEREAS, BY RESOLUTION No.: 476, 2001, THE QUEENSBURY TOWN BOARD AWARDED THE BID FOR PROVISION OF LIQUID ALUM TO THE TOWN'S WATER DEPARTMENT FOR THE YEAR 2002 Organizational Meeting, 01-06-2003, Mtg #1 502 TO HOLLAND COMPANY, INc., THE LOWEST BIDDER MEETING ALL REQUIREMENTS SPECIFIED IN BID SPECIFICATION No.: 01-14, FOR THE AMOUNT OF $192 PER TON FOR APPROXIMATELY 125 DRY TONS, AND WHEREAS, IT WAS AN EXPRESS PROVISION IN THE TOWN'S BID SPECIFICATIONS THAT THE TOWN COULD EXTEND THE BID AWARD FOR THE YEAR 2003 ON THE SAME EXACT TERMS AND PRICES AS 2002, AND WHEREAS, THE QUEENSBURY WATER DEPARTMENT AND HOLLAND COMPANY WISH TO EXTEND THE 2002 BIDDING TERMS AND PRICES FOR PROVISION OF LIQUID ALUM TO THE WATER DEPARTMENT THROUGH 2003, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND AGREES TO HOLLAND COMPANY, INc., PROVIDING THE TOWN WATER DEPARTMENT WITH LIQUID ALUM DURING 2003 FOR THE AMOUNT OF $192 PER TON DELIVERED, WITH PAYMENT TO BE FROM THE APPROPRIATE WATER DEPARTMENT ACCOUNT, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR, ACTING PURCHASING AGENT, WATER SUPERINTENDENT AND/OR TOWN COMPTROLLER TO TAKE ANY ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BROWER, MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER NOES NONE ABSENT: NONE RESOLUTION EXTENDING BID AWARD FOR LIGHT SODA ASH FOR USE AT TOWN WATER TREATMENT PLANT FOR YEAR 2003 RESOLUTION NO.: 59,2003 INTRODUCED BY: MR. TIM BREWER WHO MOVED ITS ADOPTION SECONDED BY: MR. DANIEL STEC Organizational Meeting, 01-06-2003, Mtg #1 503 WHEREAS, BY RESOLUTION No.: 58,2002, THE QUEENSBURY TOWN BOARD AWARDED THE BID FOR PROVISION OF LIGHT SODA ASH TO THE TOWN'S WATER DEPARTMENT FOR THE YEAR 2002 TO ASTRO CHEMICALS, THE ONLY AND THEREFORE LOWEST BIDDER MEETING ALL REQUIREMENTS SPECIFIED IN BID SPECIFICATION No.: 01-15, FOR THE AMOUNT OF $0.1158 PER POUND DELIVERED FOR APPROXIMATEL Y 100 TONS, AND WHEREAS, IT WAS AN EXPRESS PROVISION IN THE TOWN'S BID SPECIFICATIONS THAT THE TOWN COULD EXTEND THE BID AWARD FOR THE YEAR 2003 ON THE SAME EXACT TERMS AND PRICES AS 2002, AND WHEREAS, THE QUEENSBURY WATER DEPARTMENT AND ASTRO CHEMICALS WISH TO EXTEND THE 2002 BIDDING TERMS AND PRICES FOR PROVISION OF LIGHT SODA ASH TO THE WATER DEPARTMENT THROUGH 2003, NOW, THEREFORE, BE IT RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY AUTHORIZES AND AGREES TO ASTRO CHEMICALS PROVIDING THE TOWN WATER DEPARTMENT WITH LIGHT SODA ASH DURING 2003 FOR THE AMOUNT OF $ 0.1158 PER POUND DELIVERED FOR APPROXIMATELY 100 TONS OF LIGHT SODA ASH, WITH PAYMENT TO BE FROM THE APPROPRIATE WATER DEPARTMENT ACCOUNT, AND BE IT FURTHER, RESOLVED, THAT THE TOWN BOARD AUTHORIZES AND DIRECTS THE TOWN SUPERVISOR, ACTING PURCHASING AGENT, WATER SUPERINTENDENT AND/OR TOWN COMPTROLLER TO TAKE ANY ACTION NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION. DULY ADOPTED THIS 6TH DAY OF JANUARY, 2003, BY THE FOLLOWING VOTE: AYES MR. BOOR, MR. TURNER, MR. STEC, MR. BREWER, MR. BROWER NOES NONE ABSENT: NONE 8.0 TOWN BOARD DISCUSSIONS Councilman Boor-No discussion Councilman Turner-No discussion Councilman Stec- Would like the consensus of the Board to direct the Comptrollers Office to do whatever study needs to be done for a discussion and vote before September 1 st. on a rebate on County Property Taxes with some of our surplus. Requested an Executive Session on personnel matter. Organizational Meeting, 01-06-2003, Mtg #1 504 Councilman Brewer-No discussion Supervisor Brower-2002 was a productive year for the Town of Queensbury. We instituted our Capital Improvement Plan to plan for present, short term and long term goals of the Town. The Department Managers prioritized projects that came forward from the various department managers, a ranking system was developed and people that were involved the managers felt that the process was fair, they felt their project were rated fairly and prioritized properly and the Town Board agreed with that assessment. That was a major undertaking and a major accomplishment of this board. The fleet committee also met and made some significant progress. We got vehicles that were listed as vehicles and not vehicles out of the system we came up with eighty nine vehicles in the towns fleet that includes all highway equipment all water equipment all sewer equipment all vehicles, eighty nine vehicles. The average age I believe was 8.5 years but in fairness that did include a 1955 fire truck that the highway department includes in their vehicle fleet. So, if that was,..Councilman Brewer didn't they take that out... Supervisor Brower-When we did the evaluation it was in there and I think we have updated that to ... in fairness it may change the average age of our fleet. We also, the Town was successful in receiving the first low income housing grant ever for the Town of Queensbury. The first recognition that we have problem areas, or not problem areas but people that lack the means to provide adequate housing for themselves. It enable, the grant of four hundred thousand dollars it will enable a number of families to improve their housing conditions, whether it be a new roof, whether it be improved electrical power, new furnaces whatever it is an important improvement to the town. At the same time we have extended our sewer planning and operation. We are extending sewers on Queensbury Avenue, we are planning on sewers for Route 9, the Bay Road Sewer District will be coming forward and of course, Main Street and Corinth Road will be sewered in the near future. That is a significant step forward for the Town it is going to encourage economic development not only industrial but also commercial activity in the Town. We have seen new stores the Home Depot for example proposal come forward and move forward to where we are starting to see light at the end of the tunnel now. I think that is going to be a significant re-development for a plaza that has seen its better days and hopefully revitalizing that plaza the Northway Plaza for the future. The Town Cemetery situation has improved I want to recognize Rod Mosher retirement after over twenty five years of service to the Town of Queensbury as its Superintendent of Cemeteries. Rod has done an outstanding job at the Cemetery he is a minister as well and he just has a unique touch. The Cemetery Commission is interviewing new potential candidates for that position and this week and last week they met and determined who they wanted to interview. Hopefully a new Superintendent will be coming forward. The Cemetery has provided challenges to the board over the years the Cemetery has become a fulcrum for change, originally the Cemetery John Webster sold offwhat is now the Northway Plaza for One hundred Thousand Dollars and with great foresight built the old half of Town Hall that still exists without necessitating taxes to the average citizen of Queensbury. He also purchased more land for development in the future with that income he derived by selling it to a developer for expansion of a cemetery. This is well before Quaker Road was envisioned Now or two years ago I think the Cemetery had a operating deficit of two hundred roughly fifty six thousand dollars. Last year it was around two hundred fifty five thousand dollars and this year with some changes in the way we hope the Cemetery will be able to operate we hope to keep the deficit to around a hundred and fifty six thousand dollars. The Cemetery is important to people in the Town of Queensbury it is also being challenged by the National Cemetery in Saratoga where Veterans can now be buried free of charge in recognition of their military service and veterans status. Certainly I would not deprive anyone of that opportunity but certainly it has reduced the demand for some services at our Cemetery and yet I think it is still a very important venue where the Town is now taking care of about ten or eleven different Cemeteries in the Town of Queensbury much of which is maintenance keeping them mowed and in good order. So, I am sure I have missed some highlights of the year 2002 but I do think we have made a number of accomplishments that are going to be important to the Town in years to come. I want to thank the Town Board for their time and effort and staff, the managers who without their efforts the Town would not have progressed to where it is currently. The Town Managers have taken leadership positions and moved projects within their departments forward. I am very proud of them each and everyone of them and I want to thank them for their good work in 2002 and hopefully a renewed effort in 2003 to continue the progress we are making, I am very pleased and that is all I have to say. 9.0 ATTORNEY MATTERS Organizational Meeting, 01-06-2003, Mtg #1 505 NONE 10.0 EXECUTIVE SESSION RESOLUTION CALLING FOR AN EXECTIVE SESSION RESOLUTION NO. 60,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss a personnel matter. Duly adopted this 6th day of January, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURING EXECUTIVE SESSION AND ORGANIZATIONAL MEETING RESOLUTION NO. 61.2003 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 it Executive Session and Organization Meeting. Duly adopted this 6th day of January, 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-Queens bury