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2005-04-04 MTG17 162 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 REGULAR TOWN BOARD MEETING MTG. #17 April 4, 2005 RES. 172-191 7:00 p.m. BOH 9-10 LL. 1 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Budget Officer Jennifer Switzer Executive Director of Community Development Marilyn Ryba Town Counsel Bob Hafner PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BOOR SUPERVISOR STEC-Open the Meeting 1.0 PROCLAMATIONS PROCLAMATION WHEREAS , adults who provide alcohol to those below the legal drinking age of 21 are placing those youth at risk for health, safety and legal problems, and WHEREAS , alcohol kills 6.5 times more young people than ALL other illicit drugs combined, and usage among teens often accompanies traffic fatalities and other high risk behaviors such as unsafe sexual activity, tobacco and other drug use, and contributes to illegal activity such as vandalism and theft, and WHEREAS , alcohol use by young people is dangerous, not only because of the risks associated with acute impairment, but also because of the threat to their long-term development and well-being, and WHEREAS , it is illegal to give or allow teens other than your own, to drink alcohol in your home, even with their parent’s permission, and WHEREAS , anyone found guilty of providing alcohol to youth can face up to a $1,000 fine and one year in jail, in addition to any civil action that can be brought as a result of damages or injury related to the offense, and WHEREAS , any citizens who are aware of underage drinking at teen house parties are responsible to report such activity to their local law enforcement 163 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 agency by calling Warren County Sheriff’s Office or the New York State Police, and WHEREAS , adults have the authority and responsibility to our youth to provide them with alternative opportunities by creating alcohol free activities, and WHEREAS , CAN (Caring, Awareness, Nuturing), the Town of Queensbury chapter of the Communities That Care organization, sponsors the Parents Who Host, Lose The Most Campaign provides the educational materials to raise community awareness regarding this illegal and unhealthy practice, and WHEREAS , parents and the community must take responsibility to give teens the clear message that there is no safe way to drink alcohol, and WHEREAS , the Town of Queensbury encourages residents to refuse to provide alcoholic beverages to underage youth and to take the necessary steps to discourage the illegal and unhealthy practice, including the reporting of underage drinking by calling your local police, and NOW, THEREFORE , be it resolved that the Town of Queensbury not only discourages the use of alcohol by those below the legal age of consumption but also exhorts all residents of Town of Queensbury to refuse to provide alcoholic beverages to those underage youth, and will continue to take the necessary steps to discourage this illegal and unhealthy activity. NOW, THEREFORE , we, the Town Board of Queensbury, State of New York the month of April, 2005 to be: Parents Who Host, Lose do hereby proclaim, the Most Month 2005. _________________________________ Dan Stec, Town Supervisor __________________________________ Roger Boor, Ward 1 Councilman __________________________________ Ted Turner, Ward 2 Councilman __________________________________ John Strough,Ward 3 Councilman __________________________________ Tim Brewer, Ward 4 Councilman Supervisor Stec-Thanked John Strough for working closely on the towns behalf with the Communities that Care Organization also known the local chapter as Queensbury CAN, I would ask that you bring this back to them with the towns regards and thanks. Councilman Strough-Thank you. I also have a version for the County would you bring it to the County. Supervisor Stec-I would be happy to. Councilman Strough-Along with this effort we are trying to run this program through April and June time of the prom, time of graduation and I do not think we need any more reminders than what was on the front page of the Post Star today. We are a community that cares and this Town Board cares. In school we ran a logo campaign to develop a logo for the Queensbury Chapter of Communities that Care (Showed drawing) Mary Curtin an Art 164 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 Student developed this for us and Robin Fitzpatrick did computer touching up and made it into a logo that we could put anywhere. Noted that a poster will be made and G.F. Printing will publish it for us to be distributed in the Greater Queensbury Community. PROCLAMATION th WHEREAS, The Queensbury Senior Citizens, Inc., celebrated its 25 Anniversary March 7, 2005, and WHEREAS, The Queensbury Senior Citizens organization has endeavored to promote Good will and fellowship through social, educational, recreational and Charitable purposes beneficial to the public interest and community, and WHEREAS, The volunteers of the Queensbury Senior Citizens, Inc., have provided the afore mentioned services to all residents of the Town of Queensbury for the past 25 years, and WHEREAS, The Queensbury Seniors make and donate knitted hats for the Snuggery at Glens Falsl Hospital and lap robes for the veterans at the Veteran’s Hospital and food items for the Family Services Food Pantry, and WHEREAS, The members of the Queensbury Senior Citizens, Inc., provide a valuable Service to the senior residents of the Town of Queensbury and to the Region at large, NOW THEREFORE BE IT PROCLAIMED, that the Town of Queensbury, on behalf of all its citizens, hereby Dedicates the month of April 2005 as a time to recognition and honor for The many accomplishments of the Queensbury Senior Citizens, Inc. _____________________ Dan Stec, Town Supervisor _____________________ Roger Boor, Ward 1 Councilman _____________________ Ted Turner, Ward 2 Councilman _____________________ John Strough, Ward 3 Councilman _____________________ Tim Brewer, Ward 4 Councilman Supervisor Stec-Presented the proclamation to the President of the Queensbury Senior Citizens Joseph Fusco. Thank you very much again for both of those organizations Communities that Care and the Queensbury Seniors for their dedication to the Queensbury Community and the hard work that they put in really at both ends of the age bell curve. 2.0 QUEENSBURY BOARD OF HEALTH 165 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 172.2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 4 day of April, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND VICTORIA GLANDON RESOLUTION NO.: 9, 2005 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Robert and Victoria Glandon have applied to the Local Board of Health for a variance from a provision of Chapter 136 to install an absorption field 15’ from the dwelling in lieu of the required 20’ setback on property located at 63 Knox Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on April 25, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert and Victoria Glandon’s sewage disposal variance 166 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 application concerning property located at 63 Knox Road, Queensbury (Tax Map No.: 239.7-1-13) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Mr. and Mrs. Glandon’s property as required by law. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Strough-Are we going to see a perk test? Engineer MacElroy-Noted that the results are indicated on the plan. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 10.2005 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury acting as the Queensbury Board of Health hereby adjourns its Meeting and returns to regular session. th Duly adopted this 4 day of April, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 3.0 CORRESPONDENCE 3.1 Landfill Monthly Report March 2005 on file 167 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0 OPEN FORUM FOR GENERAL AND RESOLUTIONS (LIMIT 5 MINS) Mr. Dick Merrill-6 Sunset Trail, North Queensbury Noted winter snow is gone and the spring trash has appeared, there are volunteers that pick it up, if we want to do some beautification in the town I think the first thing to do is address the trash. I would encourage the town to take the lead in this. Councilman Brewer-Noted that Landfill Supt. Jim Coughlin is the process of arranging to contact a half dozen people to clean up the roads in the Town. Supervisor Stec-This is a good opportunity to recognize the Town Highway Supt. Rick Missita, adopt the highway program, there are a lot of organizations that have adopted a highway and are doing a good job. Mr. Merrill-Questioned if there is going to be a brush pickup this year? Supervisor Stec-Yes. The pickup will be in May. Councilman Brewer-The schedule is on the web site. rd Councilman Boor-April 23 is free tire disposal day at the landfill. Mr. Bill Flaherty-51 Sara Jen Drive, Queensbury Vice President of Business Services for this region for Niagara Mohawk Spoke on Underground Utilities Local Law that was adopted in July…hoped that they could consider not implementing the law…1. It is going to be costly for residential and commercial customers that are going to have to underground their services. 2. I do not think it is good for economic development in this area. We are a proponent of economic development at Niagara Mohawk but I do not think it is in the best interest of that, I say that, as a member of the board of Warren County DEC as well as the Chamber. The impact will not help economic development. There are four commercial corridors that you are applying that law to. I think with the costs and everything else, because of more extensive engineering these project will not help economic development. I have reviewed the minute notes and the tapes from the meeting back in July and it was pretty apparent that there was a lot of confusion about that law particularly from the public, some of the statements that were made, people not quite sure who was paying for what even amongst the town board members. I think that is one of the problems here is that no one was talked to, previous to the adoption of that law. This impacts a lot of people not just Adelphia, not just Verison, not just us, it impacts a lot of commercial and residential customers. There is a lot of unintended consequences I think as a result of this law. I have talked to a lot of developers and commercial customers over the last couple of months and people are not aware of the impact of that law. That is significant, we need to have a better understanding in the community as to how this impacts others. We took that action of legal proceeding that is not the way we 168 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 particularly like to proceed but we have to protect our interests here we have to protect the interest of our ratepayers that is why we did it. I am certainly open to dialog on this, we have had some conversation regarding the Main Street plan with the County Consultants, Barton and Loguidice we raised a number of issues a few weeks ago that really need to be considered if you are going to underground utilities. The kind of project the extent of this project a mile of underground, we have not done this before in our service territory, it is rarely if ever done. Noted he was involved in a similar project in Massachusetts and three and a half years later they have still have not put a shovel in the ground on that project very similar to the one here. Just the real estate acquisition alone takes a long time, it is a significant project, it is not to say you cannot underground but it impacts all the utilities as well as the customers that have to put the services underground. We have offered options and we want to talk about the overhead options. I think that is something that still should be considered. The bottom line is that this law we do not feel is a good one and certainly we would like to consider its implementation. Thank you. Mr. Rigby-Question the status of the legal proceedings with Glens Falls on the zoning? Supervisor Stec –Again it is litigation and we generally do not discuss our litigation. Noted that the Town is going to contact the City formally in the very near future to try to avoid litigation. Mr. Rigby-Questioned the progress on the recreation center. Supervisor Stec-There will be on Friday a real estate closing for forty-nine acres adjacent to Town Hall and East of the Highway Garage, the plan currently is that it would be the location for the recreation center. The Recreation Commission will be setting up four informational meetings and we are setting up a special town board workshop to hear their presentations late in April or beginning in May. Councilman Strough-Noted that there is a mailing coming out any day regarding the proposed Recreation Center. Mr. Pliney Tucker-41 Division Road Re: 7.14 Easement to Michaels Group What is that about? Councilman Strough-The Convenience Store to use the Town Road as part of an access to the Convenience Store and Gas Station. Supervisor Stec-Noted it will not be a vehicle type of road, it will be a bike path the town will still owns the property. Executive Director Marilyn Ryba-The point of the Planned Unit Development was to make sure that there would be a connection between the residential area and commercial activity. When it went before the Planning Board there was some concern by residents of putting a road in the discussion ended up with a bike path/walking path that would serve the same purpose. The Town will still have a right of way that would be required that in case of the future it was decided a town road would make sense there. 169 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 Mr. Tucker-Questioned the property above the water treatment plant? Attorney Hafner-I spoke to Niagara Mohawk personnel last week, they expect us to have documents from Niagara Mohawk within the next couple of weeks. Mr. Tucker-Spoke about another issue where a house might have been built on Nigara Mohawk Property? Attorney Hafner-The Assessor understands that the house was built via a lease or license so I think your concern was squatter’s rights, people taking ownership by using it. That is not the case if they have a lease or a license. She seemed to think that was not going to be on the property that the town is going to get when we get the proposed deed and map from Niagara Mohawk we will compare it to where this house is located. Mr. Tucker-Noted he believed there was five and a half acres involved originally. Attorney Hafner-It is five or five and a half the record alternates. Councilman Brewer-It is nothing less than five acres. Mr. Tucker-7.18 Is that the same law that you were talking about? Supervisor Stec-That was the law that was passed twice already. We did not change it again since the public hearing we had last meeting. We did get a chance to discuss it again and people can change their minds between one meeting and another but based on what I last heard the town is confident that we knew what we were doing two years ago when we made this decision and the information has not really changed in the last two years to make us want to change our minds now. Mr. Tucker-Mrs. Matuszak was going to be here tonight we have a lot of questions on this re- assessment. st Supervisor Stec-On the re-val Friday the 1 was the last day for meetings at the Insurance Building, in the next three weeks individuals that have questions can call the Queensbury Assessor’s Office if you did not make it in for one of the those interviews. Talking to the Assessor’s Office is now just as good and have the same impact as it would have if you had gone to the Insurance Building for those meetings. Anyone that has had meetings will be getting a statement toward the end of the month or beginning of May telling them the outcome. Another process Grievance Day, Tuesday, May th 24 when the Board of Assessment Review will convene to go through their deliberations. Further information available on the Town’s web site www.queensbury.net Mr. Peter Brothers-RE: Independent Fire Districts Would like to see implemented in No. Qsby. Noted No. Qsby. will be paid off in two years… 170 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 Supervisor Stec-Right now the Town and the Fire Companies are not in any discussions about fire districts, it has been mentioned in fairness and certainly North Queensbury has mentioned it and the Town certainly understands the issue as far as why No. Queensbury Fire would be interested in it but right now the Town is not actively pursuing it nor am I aware of any fire company that is actively pursuing it. Mr. Peter Brothers-North Queensbury sends a lot of money into the fund per se and then they get very little back compared with others that I think send in little and get a lot back. When the time is right maybe we could consider putting this also in the general fund where we could draw off the sales tax revenue. Supervisor Stec-To my knowledge it is not a legal possibility. Mr. Peter Brothers-Re: Medicaid situation would like to have more discussion at the County, hope they would advocating some kind of change in the Medicaid system at the State Level… Supervisor Stec-The County has passed resolutions and has lobbied at the Federal Level and State Level to try and correct the issue. Mr. John Salvador-Re: 7.14 Why is it necessary to grant an easement, why not enter into a contract? Supervisor Stec-This is the form suggested by Town Counsel. Mr. Salvador-Re: Fire Tax noted there are significant County Facilities that do not pay a fire tax, County Center, Airport, Community College, and Nursing Homes…as a district tax users are supposed to pay. Re: I think you can abandon the taxing district and fold it into the Town General Fund Re: Litigation with the City over the watershed property - you want that for passive recreation, why don’t you define what you mean as passive recreation develop a passive recreation zone and list the allowable uses in that zone. Re: Expansion of Crandall Library Crandall Library is a special district library in which the public is supposed to own the library and votes for the trustees and the budget, we all know that the district does not own the library neither does the district own the library that it is built on so we have a problem there. The last paragraph of the enabling legislation calls it an improvement district, that can be funded by taxpayers and it can be private property but the voting is different in an improvement district than it is in a public library district and that is the problem that we have. In an improvement district, taxpayers, property owners get to vote, that is not the way it is for Crandall Library. Queensbury pays a share in the total library budget that is the measure of the number of card holders in the community and should be audited by our town. Supervisor Stec-Asked for further input…no one spoke 6.0 TOWN BOARD DISCUSSIONS 171 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 Councilman Boor-Re: landscaping at the corner of Bay and Quaker has the insurance aspect gotten ironed out? How will volunteers be covered? Budget Officer Switzer-After speaking with Gary Eddy it is a program that we would need to set up identifying the type of program that it is, how many hours and then track the volunteers and the type of work that they are doing and when they are there. It would be nominal fee to have that. Supervisor Stec-This should be set up for this or anything else…hope to th have a resolution on April 11for this and the audit… Noted our web site has pictures on the proposal for the corner of Bay and Quaker Road… Councilman Brewer-Speed limit concern on Old Forge Road by the Reservoir, from the Plug Mill to before it turns into Peggy Ann…requested that the Sheriff be contacted to put the radar sign up in that area to reduce the speed. Supervisor Stec-Noted he will call and write a follow up letter requesting the speed wagon. Councilman Strough-Some residents have expressed concern over the Farr Lane, Potter Road, Aviation Road intersection…maybe it is time to have a traffic expert take a look at those sites. The solution maybe as simple as a traffic attendant up there for the one hour in the morning. Re: Queensbury Post – April 2005 spoke about the list of activities for the Seniors…encouraged those who have not joined to do so. Re: American Federation Association Planning April Issue - Article on designing your community so that the members of the community remain healthy…big item is bike trails – bike trail systems improves health of the community… Supervisor Stec-Thanked TV8 and Glens Falls National Bank for broadcasting the Town Board Meetings. Towns web site is www.queensbury.net minutes and agendas are available on that site… Warren County DPW is working on a study of the corner of Bay Road and Moon Hill moving toward a flashing light red and caution lights this spring…The Town is requesting from the State to lower the speed limit on Meadowbrook Road…Meadowbrook Road will be repaved by the Highway Dept. this year … The intersection of Haviland and Meadowbrook is very awkward suggested to move the intersection approximately three hundred feet to the east that will improve site distances, that is being worked on. West Mountain Road and Corinth Road corridor widening, engineering work is progressing on that, the County is drafting a letter that will be coming out to residents on West Mountain Road between Aviation and Peggy Ann Roads and in the future for Corinth Road on what easements we will need. There will be construction on West Mountain and Corinth Road later this year. Councilman Brewer-I thought we were assured that 1.2 miles on Corinth Road would be done this year. 172 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 Supervisor Stec-Yes. I will be signing the real estate property closing on Friday for the forty-nine acres for $230,000, the property is adjoining the Town Office Building Property…. Re: Bill for service We have started to see money trickle in, as of today it is around ten thousand dollars that has come in, it is too early to see if it is a steady stream…There still work to be done with Medicare … I need to mention to the Town Board and I will do publically for my own reasons the seriousness and the potential damage that can be done to the Town if executive sessions are not respected. We did have an executive session on litigation matters last Monday and Tuesday morning I did receive phone calls with very detailed questions from the reporter and I will not go into what the litigation was although I am sure some people can guess. I will not get into who I asked on the Town Board and who said that wasn’t them and who I did not hear from. Again, whether you like the litigation or you liked the position that the Town takes either as a Board Member or as a member of the public the bottom line is that the five of us collectively were entrusted to make those decisions about what is appropriate for executive session and what isn’t and what course to take and strategy in litigation is important and that is why the law allows for executive sessions and confidentiality. So, I just want to remind Board Members as we move forward to be more sensitive in the future executive session items. Councilman Strough-Also, along that line when we agree to no comment that is the standard, no comment. Supervisor Stec-Well, I would not have gotten a phone call if a Town Board Member hadn’t leaked litigation, wrong information to the press that needed to be corrected. As I said in my e-mails I did the best I could with damage control, I am certainly not going to take the hit on the article that was in the paper, John. I offered to leave it at that. Councilman Strough-Well, I just thought I would add something to it because but more importantly lets move on. I think we are in agreement on that and I do not think anybody did to be honest with you. Councilman Brewer-Well, I can tell you Tim Brewer did not have a copy of that letter, I left it with you, Ted left it with you I do not know if Roger had a copy or if Dan had a copy but I can tell you in front of the public I did not have a copy of it so there is no way that I gave it to the Post Star. Councilman Strough-I am not going to belabor this Tim, you had it on the e- mail. Councilman Brewer-Well, you are making an issue of it John, I do not have it on my e-mail because nobody ever e-mailed it to me John, you originated the letter so if you want to lay the cards on the table. Supervisor Stec-I think in fairness I think it was e-mailed and you may not have opened it. Councilman Boor-Also in fairness I think there has been some assumptions that the e-mail occurred after the executive session and I think if somebody had just taken the time to ask the reporter they would have found out that 173 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 perhaps the e-mail arrived at the reporters desk well before any Attorney Client Privilege or executive session. Supervisor Stec-That may be true Councilman Brewer-But it has to do with litigation Roger, is the issue. Councilman Boor-..it did not have to do with litigation Supervisor Stec-Roger I would say that what you are saying Councilman Brewer-It certainly does. Councilman Boor-And I did not do it, but just so you know, if you had asked the reporter, which I did, I you would have found out what I did that nobody violated what we talked about sending that letter after we had the meeting. Supervisor Stec-Well, what I will point out and that maybe true, however, one, I would question the wisdom of sending it in advance of the executive session to the reporter at all. Councilman Boor-It was one individuals opinion it was not adopted as what this Town Board was going to do, people are entitled to talk to the paper about what they would like to see. Councilman Brewer-Understood, but when they make issue or make presence of the Town Board is will to do this if it is one person. Councilman Boor-Nobody did that Tim. Councilman Brewer-Roger, read the article, it says the Town Board, I did not agree to do that. Councilman Boor-I did not say anything about it in executive session and neither did John. Councilman Turner-If you are going to talk about that Councilman Boor-You can ask the reporter, she is here, you want to find out where it came from? Councilman Brewer-I know where it did not come from I can tell you that, that is all that matters to me, Roger. Supervisor Stec-Go ahead Ted. Councilman Turner-When you know that you are going to go into executive session you do not peddle your papers ahead of time. Supervisor Stec-I think that potentially, what actually happened what came of it in this particular instance wasn’t a big deal, the potential for and the precedence it sets and the respect for your fellow board members for litigation matter, if it occurred before I do not see where it is usually better 174 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 and if it did happen before anyone of the four e-mails that were sent out asking that could have been responded and said you know what Dan, I did it and I did it before we promised not to talk about it. Although I think Ted hit the nail on the head you do not, if you know that you are going to be talking about something in executive session you don’t send your two cents to the paper before you go into executive session. I will leave it at that. Councilman Strough-Noted he sent an e-mail last week it had a draft letter to property owners, we need to talk about that, requested that be scheduled for Monday. Supervisor Stec-It may be resolved before then. 7.0 RESOLUTIONS RESOLUTION RESCHEDULING TOWN BOARD REGULAR MEETING RESOLUTION NO.: 173, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Supervisor has requested a change to the regular Town Board meeting schedule for April, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a change in the th April 2005 Town Board Meeting Schedule, from the regularly scheduled date of April 18 th to the new date of April 25, 2005. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 175 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 RESOLUTION APPROVING PURCHASE OF OXYGEN REGENERATION SYSTEM BY WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 174, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it currently spends $600- rentingpurchase $700 monthly oxygen and the Squad has the opportunity to an oxygen regeneration system for an amount of approximately $30,000, or a monthly loan payment of approximately $600, and such purchase will provide the Squad with the ability to fill its own oxygen tanks on-site, and WHEREAS, although moneys for oxygen provision are already allotted in the Squad’s 2005 Budget, the Squad requires Town Board authorization for such oxygen regeneration system purchase since the Squad will need to transfer moneys from its operating expenses account to its debt service account, and WHEREAS, such purchase will not increase the dollar amount in the Squad’s 2005 Budget and the Town Board agrees that such purchase would positively benefit the Squad, other EMS agencies and ultimately the citizens of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.’s purchase of an oxygen regeneration system for a sum of approximately $30,000, and authorizes that moneys shall be transferred from the Squad’s operations expenses account to its debt services account to provide for such purchase, and BE IT FURTHER, 176 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 4day of April, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Discussion held before vote: Councilman Brewer-Will you have to buy tanks? Representative of West Glens Falls Rescue Squad-Yes Councilman Brewer-How many tanks will be have to buy? I have no problem with the purchase but I just want to know. Representative of West Glens Falls Volunteer Fire Company-We are going to be buying around forty tanks small tanks, four large tanks for the ambulances and two tanks to fill off of. Councilman Brewer-This system will come with tanks. Supervisor Stec-West Glens Falls has been renting oxygen for six to seven hundred dollars a month and they are proposing to purchase an oxygen regeneration system for a total of thirty thousand and the payback on this definitely indicates that it is cheaper over a very short course it will pay for itself. Councilman Brewer-Questioned if other companies could fill from West Glens Falls system? Supervisor Stec-Will check with Bay Ridge and North Queensbury to see what their status is. RESOLUTION ACCEPTING DEDICATION OF EXTENSION OF BLACKBERRY LANE RESOLUTION NO. 175, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Michael and Yvonne Wild have offered to dedicate to the Town of Queensbury an extension of Blackberry Lane as more particularly described in the survey th map prepared by VanDusen & Steves Land Surveyors, LLC dated January 14, 2005 and presented at this meeting, and WHEREAS, Highway Superintendent Richard Missita has recommended acceptance of the road extension contingent upon the developer completing the top coat of th the black-top within two years of the date of acceptance or by April 4, 2007 and Michael and Yvonne Wild have provided the Town with a $10,000 cash escrow to ensure placement of the top coat on the road extension by such date, and 177 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 WHEREAS, the Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with the Town Water Department’s standards, and WHEREAS, the Director of Building and Codes Enforcement and Zoning Administrator have recommended acceptance of the road extension, and WHEREAS, the form of the deed and title to the road extension offered for dedication has been reviewed and approved in form by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of an extension of Blackberry Lane in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including an Escrow Agreement to be in form approved by the Town Budget Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the road be added to the official inventory of Town Highways as follows: Name: Blackberry Lane (Extension – first portion previously dedicated) Road Number: 342 Description: Beginning at Blackberry Lane and continuing in a westerly direction a distance of 570’ and .11 of a mile and ending at a cul-de-sac. Feet: 570’ and .11 of a mile 178 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF ONE (1) 2005 JOHN DEERE WHEEL LOADER FOR USE BY HIGHWAY DEPARTMENT RESOLUTION NO.: 176, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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’s Deputy Highway Superintendent has advised the Town Board that he wishes to purchase one (1) 2005 John Deere 624J Wheel Loader for use by the Town Highway Department, and such proposed purchase has been budgeted for in the 2005 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC60601, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent’s purchase of one (1) 2005 John Deere 624J Wheel Loader from John Deere Construction and Forestry Company in accordance with New York State Contract # PC60601 for an amount not to exceed $78,037 (purchase price of $100,037 minus a trade- in value of current loader in the amount of $22,000) to be paid for from funds budgeted in the current year from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, 179 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Deputy Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR SUPER SHOE RESOLUTION NO.: 177, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Super Shoe has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient th th merchant market from June 7through June 11, 2005 in the parking lot located at 1499 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the Town’s Zoning Administrator has advised the Town Board that he has reviewed the application materials and they are consistent with the requirements for such uses, and since the 2005 application depicts the same level of operations as approved with the applicant’s 2004 Transient Merchant License, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, the Warren County Planning Board also reviewed the applicant’s prior application(s) and recommended approval of the prior application(s), NOW, THEREFORE, BE IT 180 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Super Shoe (Applicant) to conduct a transient merchant market for 3-wheel conversions for motorcycles, in the parking lot located at 1499 State Route 9, Queensbury, subject to the following: 1. Applicant must pay all fees as required by Town Code Chapter 160; 2. Applicant must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Applicant must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; thth 4. The License shall be valid only from June 7 through June 11, 2005 from 9:00 a.m. to 6:00 p.m., and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. The Applicant must comply with all regulations specified in Town Code §160-8. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING USE OF TOWN PARKING LOT AND RESTROOMS BY EMPIRE STATE CAPITAL VOLKSSPORTERS RESOLUTION NO.: 178, 2005 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Empire State Capital Volkssporters has requested permission to use the Town of Queensbury’s parking lot as the start point of a walk as well as the Town’s st restroom facilities located in Town Hall, 742 Bay Road, on Saturday, May 21, 2005, and 181 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 WHEREAS, Empire State Capital Volkssporters has provided a certificate of liability insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Empire State Capital Volkssporters to use the Town of Queensbury’s parking lot and restroom facilities st located in Town Hall, 742 Bay Road, on Saturday, May 21, 2005, and BE IT FURTHER, RESOLVED, that the Town Board further directs that Empire State Capital Volkssporters shall have the responsibility to clean and/or repair the site to the satisfaction of the Town’ Facilities Manager. th Duly adopted this 4 day of April, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION ADDING ASPEN RIDGE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 179, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add “Aspen Ridge,” a private drive entrance located off of Moon Hill Road to the Town’s list of private driveways and road names, NOW, THEREFORE, BE IT 182 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 RESOLVED, that the Queensbury Town Board hereby adds “Aspen Ridge” to the Town of Queensbury’s list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying “Aspen Ridge,” and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION APPOINTING SCOTT BURNARD AS GIS & UTILITIES LOCATION TECHNICIAN AT TOWN WATER DEPARTMENT RESOLUTION NO. 180, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 287,2003, the Queensbury Town Board established the full-time Union position of GIS & Utilities Location Technician in the Town’s Water Department, and WHEREAS, there is currently a vacancy in the position, and WHEREAS, the Town’s Water Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to make an appointment, 183 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Scott Burnard to the full-time Union position of GIS & Utilities Location Technician in the Town’s Water Department in accordance with the terms set forth in Town Board Resolution No.: 287,2003, and BE IT FURTHER, th RESOLVED, that Mr. Burnard’s appointment shall be effective April 5, 2005 and shall be on a provisional basis until such time as he: 1) passes the Civil Service exam for the position; 2) successfully completes an eight month probation period; and 3) passes the pre- employment physical required by Town Policy; and shall be subject to any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Mr. Burnard shall be paid an hourly rate of $18.47, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION REAFFIRMING AND AUTHORIZING TRANSFER OF VACATION AND SICK TIME ACCRUALS FOR DATA COLLECTOR/APPRAISER RESOLUTION NO. 181, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer 184 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 WHEREAS, by Resolution No.: 576, 2004, the Queensbury Town Board appointed Ted Bigelow as Data Collector/Appraiser in the Town Assessor’s Office, and WHEREAS, Warren County Civil Service has advised that Mr. Bigelow’s transfer from his employment at the City of Glens Falls to the Town of Queensbury is considered by Civil Service to be a transfer of function and promotion, and therefore any vacation and sick time accrued by Mr. Bigelow while he was employed at the City of Glens Falls may be transferred to Mr. Bigelow’s accruals at the Town of Queensbury, and WHEREAS, at the time of Mr. Bigelow’s hiring, the Town Board understood and agreed that Mr. Bigelow would not lose any vacation and sick time accruals Mr. Bigelow had earned while he was employed by the City of Glens Falls, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reaffirms and authorizes the transfer of Ted Bigelow’s vacation and sick time accruals Mr. Bigelow had earned while employed by the City of Glens Falls, to Mr. Bigelow’s vacation and sick time accruals and employee status at the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Assessor and/or Budget Officer to complete any forms and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2005 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 158,2005 REGARDING DESIGNATION OF TOWN POLLING PLACES RESOLUTION NO.: 182, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 185 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 WHEREAS, by Resolution No.: 158,2005 the Queensbury Town Board designated the Town of Queensbury’s polling places for each Election District, and WHEREAS, the location for Ward 1 Election District 6 was inadvertently omitted from such Resolution and therefore the Town Board wishes to amend Resolution No. 158,2005 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 158,2005 to add the location for Ward 1, Election District 6 as the Warren County Municipal Center, and BE IT FURTHER, RESOLVED, that the Town Board hereby designates the following locations as the 2005 Town of Queensbury’s polling places for each Election District: WARD/ELECTION DISTRICT LOCATION 1/1 North Queensbury Firehouse 1/2 Bay Ridge Firehouse (Bay Road) 1/3 Bay Ridge Firehouse (Bay Road) 1/4 Warren County Municipal Center 1/5 Bay Ridge Firehouse (Bay Road) 1/6 Warren County Municipal Center 2/1 South Queensbury Firehouse 2/2 Queensbury Activities Center 2/3 Queensbury Central Firehouse (Lafayette Street) 2/4 Queensbury Activities Center 2/5 Warren County Municipal Center 2/6 The Glen at Hiland Meadows 3/1 Queensbury 4/5 School Gym 3/2 Queensbury 4/5 School Gym 3/3 Queensbury 4/5 School Gym 3/4 Kensington Road School 3/5 Queensbury 4/5 School Gym 3/6 Queensbury 4/5 School Gym 4/1 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Rds) 4/2 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Rds) 4/3 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Rds) 4/4 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Rds) 186 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 4/5 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/6 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/7 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/8 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/9 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a copy of this Resolution to the Warren County Board of Elections, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 158,2005 in all other respects. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION REQUESTING STUDY AND POSSIBLE SPEED LIMIT REDUCTION FOR MEADOWBROOK ROAD RESOLUTION NO.: 183, 2005 INTRODUCED BY : Mr.Theodore Turner SECONDED BY : Mr. Tim Brewer WHEREAS, due to increased road traffic, the Queensbury Town Board is concerned about the current speed limit on Meadowbrook Road in the Town of Queensbury, and 187 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 WHEREAS, the Town Board wishes to adopt a Resolution requesting that the speed limit be studied and possibly reduced on that section of Meadowbrook Road extending from Quaker to Haviland Roads, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the speed limit along Meadowbrook Road from County Route 254 (Quaker Road) north 9,021’ to County Route 17 (Haviland Road) be studied and possibly reduced from the current 40 miles per hour speed limit to 35 miles per hour, for safety reasons, and BE IT FURTHER, RESOLVED, that in accordance with New York State Vehicle and Traffic Law §1622, the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution and any other necessary documentation to the Warren County Department of Public Works and/or New York State Department of Transportation for the purposes of studying and possibly establishing such lower maximum speed limit. th Duly adopted this 4 day of April, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY CONROY REALTY, LLC RESOLUTION NO.: 184, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Conroy Realty, LLC, previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for tax years 2003/04 and 2004/05 concerning assessments on properties located in the Town of Queensbury at 53 188 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 Quaker Road (Tax Map No.: 296.18-1-2) and 407 Bay Road (Tax Map No.: 296.19-1-38) and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Queensbury Union Free School District and the Glens Falls School District have approved the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury brought by Conroy Realty, LLC, for the 2003/04 and 2004/05 tax years concerning assessments on properties located in the Town of Queensbury at 53 Quaker Road ( Tax Map No.: 296.18-1-2) and 407 Bay Road (Tax Map No.: 296.19-1-38), in accordance with the following revised assessment values: 53 Quaker Road : (Tax Map No.: 296.18-1-2) Current Revised Tax Year Assessment Assessment 2003/04 $496,400 $468,200 2004/05 $496,400 $468,200 407 Bay Road : (Tax Map No.: 296.19-1-38) Current Revised Tax Year Assessment Assessment 2003/04 $752,400 $688,700 2004/05 $752,400 $688,700 and BE IT FURTHER, RESOLVED, that assessments for future tax years shall be set as follows: 53 Quaker Road : ( Tax Map No.: 296.18-1-2) Tax Year Assessment 2005/06 $440,000 2006/07 $440,000 2007/08 $440,000 189 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 407 Bay Road : (Tax Map No.: 296.19-1-38) Tax Year Assessment 2005/06 $625,000 2006/07 $625,000 2007/08 $625,000 and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs payment of any and all refunds without interest to Conroy Realty, LLC, within thirty (30) days from the date that a Demand for Refunds is served upon the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING EXECUTION OF GREATER GLENS FALLS URBANIZED AREA MS4S INTERMUNICIPAL PHASE II STORMWATER PERMIT IMPLEMENTATION AGREEMENT WITH LAKE CHAMPLAIN – LAKE GEORGE REGIONAL PLANNING BOARD RESOLUTION NO.: 185, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Environmental Protection Agency (EPA) enacted Phase II 190 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 Storm Water regulations for regulated small municipal separate storm water sewer systems (MS4s) in order to comply with the Federal Clean Water Act, and WHEREAS, MS4s are conveyances owned by a public entity that discharge to U.S. waters and are designed to collect and convey storm water, are not a combined sewer, and are not part of a publicly owned treatment works, and a “small MS4” is an MS4 within municipalities with a population of less than 100,000, including the Town of Queensbury, and WHEREAS, the federal Census Bureau designed all or parts of the following municipalities as “urbanized areas”: the City of Glens Falls, Warren County, Washington County, Town of Fort Edward, Village of Fort Edward, Village of Hudson Falls, Town of Kingsbury, and Town of Queensbury, collectively known as the “Greater Glens Falls Urbanized Area MS4s,” and WHEREAS, the Town of Queensbury, as an MS4 community, is required to comply with the EPA’s Phase II stormwater regulations and must submit an annual report and municipal compliance certification form to the New York State Department of Environmental Conservation (DEC) each year, and WHEREAS, the City of Glens Falls, as the lead municipality, applied for and received a $100,000 EPF matching grant for Stormwater Phase II implementation and each MS4 community shall benefit equally from the grant funds and implemented programs, including the Town of Queensbury, and WHEREAS, a local “match” to the grant is required, such match to come in the form of mainly in-kind services with a small portion being matched by cash contributions from the municipalities, and WHEREAS, the Town Board wishes to authorize execution of the Grant Agreement, establish appropriations and estimated revenues for the grant award plus an additional $12,500 to be contributed by the Town, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $100,000 in matching grant funds received from New York State for Stormwater Phase II implementation, and authorizes and directs the Town Supervisor to execute the Greater Glens Falls Urbanized Area MS4s Intermunicipal Phase II Stormwater Permit Implementation Agreement substantially in the form presented at this meeting, and any 191 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 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 authorizes and directs the Town Budget Officer make any 2005 Town Budget adjustments, amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT : None Discussion held before vote: Executive Director Marilyn Ryba-A couple of years ago a grant application, applied for funds by the Champlain Lake George Regional Planning Board and the Warren County Soil and Water Conservation district and every municipality in Warren and Washington Counties has agree to fulfill our requirements that are required by the Federal Environmental Protection Agency including education requirements including looking at all our site plans going out there when they are actually approved and looking that the storm water requirements are met. There are a number of things that the grants provides, quite a bit of this is education piece. What this funding does is provide some money for example GPS equipment for municipalities to share so that we can locate all of our storm water facilities such as drains. The other is some equipment that the City of Glens Falls will utilize but other municipalities can use as well. The funding was received and by authorizing the Town Supervisor to sign this is accepting a hundred thousand dollars in matching funds so the Town will be providing matching with requirement with staff and some funds. Councilman Strough-This will help us meet the EPA’s phase II storm water regulations, in 2008 they have to be in effect, for the Greater Queensbury area, correct? RESOLUTION GRANTING EASEMENT TO THE MICHAELS GROUP, LLC ACROSS PROPERTY OWNED BY THE TOWN OF QUEENSBURY LOCATED IN THE HUDSON POINTE PUD RESOLUTION NO.: 186, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVE FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, The Michaels Group, LLC has requested that the Town of Queensbury grant an Easement to The Michaels Group, LLC for construction and maintenance of a driveway and access area on Town-owned lands, and the construction (but not maintenance) Easement for a bicycle path to connect the residential portion of the Hudson Pointe PUD to 192 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 Corinth Road, on Town-owned property located in the Hudson Pointe PUD in the Town of Queensbury, and WHEREAS, the Town’s Planning Board previously approved the commercial phase of the Hudson Pointe PUD contingent upon construction of such entrance roadway and construction of the bike path which will connect the project to the Hudson Pointe PUD, and WHEREAS, as part of the granting of the Easement, The Michaels Group, LLC will construct a bike path for the use of Queensbury residents and the public, and WHEREAS, a proposed Easement has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby grants and authorizes an Easement to The Michaels Group, LLC for construction and maintenance of a driveway and access area on Town-owned lands, and the construction (but not maintenance) Easement for a bicycle path, on Town-owned lands located in the Hudson Pointe PUD in the Town of Queensbury, such Easement to be substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Counsel to complete and execute any documents associated with the Easement and related documentation and take any further action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2005 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held before vote: Councilman Boor-Are there any down sides to doing it this way? Town Counsel Hafner-We are granting an easement to the Michaels Group to put in an access for what they are building. It has to be built to Town highway standards it is an easement on top of our property. We continue to own the property, if at any time the Town Board and the Highway Superintendent wants to take it over and make it a Town Road the Town retains that right. We also grant them an easements part of what the Town gets in this, they get the bike path. The Michaels Group gets an easement to construct the bike path from the end of the roadway into Hudson Pointe, it is temporary, just for construction when 193 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 construction is done we have a nice bike path made to town standards which the Town owns and the public can use. RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 187, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2005 Town Budget as follows: COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 001-1990-4400 001-3620-4090 1,000. (Contingency) (Conference Expense) 001-1660-4010 001-3620-4010 500. (Central Supplies) (Office Supplies) TOWN CLERK/TAX RECEIVER/RECORDS CLERK FROM: TO: $ AMOUNT: 001-1410-4010 001-1330-2001 500. (Office Supplies) (Misc. Equipment) 001-1410-4090 001-1330-2001 500. (Conference Exp.) (Misc. Equipment) 001-1460-4400 001-1460-2001 62. (Misc. Cont.) (Misc. Equip.) th Duly adopted this 4 day of April, 2005, by the following vote: 194 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – ST ABSTRACT OF MARCH 31, 2005 RESOLUTION NO.: 188, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills st presented as the Abstract with a run date of March 31, 2005 and a payment date of April th 5, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a stth run date of March 31, 2005 and payment date of April 5, 2005 numbering 25-116700 and 25-138000 through 25-161200 and totaling $1,294,096.68, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AFFIRMING CONSISTENCY OF SCHERMERHORN RESIDENTIAL SUBDIVISION PROJECT WITH HILAND PARK PLANNED UNIT DEVELOPMENT 195 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 RESOLUTION NO. : 189.2005 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS Schermerhorn Residential Holdings, L.P. is seeking approval from the Town of Queensbury to construct a twenty-one (21) lot single family residential subdivision on Haviland Road in the Town of Queensbury, and WHEREAS, Schermerhorn Residential Holdings, L.P. has requested that the Queensbury Town Board affirm that this proposed project is consistent with the Hiland Park Planned Unit Development as approved by the previous Town Board on January 14, 1987 by Resolution No. 212.87, and WHEREAS, the Senior Planner has reviewed the proposed project to be sure it is in compliance with the PUD Ordinance and Hiland Park PUD and has recommended that the Town Board adopt a Resolution affirming that the proposed project is consistent with the Hiland Park PUD so that the proposal will be able to move forward through the subdivision and site plan review process as administered by the Queensbury Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms that the proposal by Schermerhorn Residential Holdings, L.P. to build a twenty-one (21) lot residential subdivision on Haviland Road in the Town of Queensbury is consistent with the Hiland Park PUD as approved by Town Board Resolution 212.87, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to present a copy of this Resolution to Schermerhorn Residential Holdings, L.P. and the Town Planning Board, and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner 196 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-What we have been asked to do tonight is to decide that the modification to the residential subdivision at Hiland Park PUD is consistent with the PUD and it is a reduction in allowed density from ninety-one units down to 21. Councilman Boor-The issue I have this PUD, what we have in front of us is a 1-21-87 drawing of the original PUD and I have no idea as to how this relates to what is there now. Although you are reducing the density for the area you are talking about I do not know how it relates to the rest of the PUD. Attorney Lapper-The simple answer is that the residential is not even close to what was approved because it never got finished and this is one very small piece that Rich is buying. This piece when you get to the top of Meadowbrook Road if you look straight across Haviland that is where this is. My numbers are ninety-one whether it was ninety-one or seventy-one down to twenty-one. Councilman Boor-I see it showing forty-eight in the area. Attorney Lapper-That forty-eight is a multi family that would be town houses or condo’s and then there is a single-family component along with that which is forty-three. Councilman Strough-You also included this little property, which is not in Richards agreement. Attorney Lapper-That is all one lot, it is lot number 21. There is already a house on that. Councilman Boor-Questioned the forty-eight single family units marked on the map…and you are saying it is ninety-one, single family and multi family. Mr. Schermerhorn-It says Highland Park Terrace forty-eight single family, but if you go down a couple of lines under that it says Black Forest forty-three multi family units, and there is a little number thirty three and another number ten, that indicated under the PUD that is was going to be forty-three multi family unit, town homes. Councilman Boor- Number ten and thirty-three they are wet aren’t they? Mr. Schmerhorn-No, what the problem is, is it gets wet when you get down to the thirty years yes it does get wet, but the problem is we will never be able to get a connecting road because of the wetlands and the Monahans bought the other portion of the PUD where it shows Plantation Heights, Middleland acres and Whispering Pines, there is no way to get a connection. Councilman Boor-When this PUD was originally done, and where I am looking at thirty-three by today’s standards you could not build there, could you? Mr. Schermerhorn-Well do not want to say you couldn’t because if it was under, there is no way to put a density I guess if you called it MR-5 it would be five thousand square feet per dwelling unit, you certainly could take the sixty-five acres I could subtract the twenty-one acres or whatever wetlands we have in fact I would be able to do more than that. Councilman Boor-I do not really have a problem with what you are proposing, I have an issue with this being so vastly different and they were probably calculating on wetlands back when this PUD was done. Attorney Lapper-Either way I guess we are saying less is more and a twenty-one single-family subdivision is an easy way. Councilman Strough-Isn’t there a development to the north? Attorney Lapper- No. It is all woods. Mr. Schermerhorn-The pieces to the north, one of which I owned last summer was the Ouderkerk piece which was an approved subdivision called Mulberry Estates, there was twenty-five acres that we deemed forever wild and that backs up to this subdivision. The next piece over is owned by a gentlemen by the name of Zverblis and I know for a fact there is quite a portion that separates that two of us, that there are some wetlands. Councilman Strough-Suggested that Mr. Schermerhorn provide a kind of pedestrian path through whatever is north of there. Attorney Lapper-Rich has talked to the Park and Rec. people and if the town project happens at the bottom part of the lot that you were asking about lot twenty-one that might be suitable and it might not be needed, Rich would be willing to sell part of that. Councilman Boor-The sewer will come from Meadowbrook? Attorney Lapper-He is going to bring it up. Councilman Boor-Do you know what capacity is left? Mr. Schermerhorn-Actually it is a tremendous amount. Councilman Boor-If the rec. center should pass would it be closer when you come across here to hook into that. Attorney Lapper-It could go either way. Mr. Schermerhorn-An easement was granted to ACC for a sewer line and that is the shortest distance is a straight line, you have to pump either way you do it. Vote taken 197 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 RESOLUTION ENACTING LOCAL LAW NO.: 1 2005 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” SECTION 179-4-110 ENTITLED “UNDERGROUND UTILITIES OVERLAY DISTRICT” RESOLUTION NO. 190. 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2005 to amend Queensbury Town Code Chapter 179, “Zoning,” Section 179-4-110 entitled “Underground Utilities Overlay District,” by adding new provisions concerning 1) replacement of individual telephone or electric poles damaged or destroyed due to automobile accident and/or natural disaster, and 2) projects which have already been substantially commenced, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, Notice of Public Hearing was provided to neighboring municipalities and the Warren County Planning Board, and st WHEREAS, the Town Board duly held a public hearing on March 21, 2005 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the proposed amendment does not constitute any material change having any new or different environmental impacts not previously considered, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board therefore reaffirms its previous SEQRA Negative Declaration as there will be no significant environmental impacts, and BE IT FURTHER, 198 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: ___ of 2005 to amend Queensbury Town Code Chapter 179, “Zoning,” Section 179-4-110 entitled “Underground Utilities Overlay District,” by adding new provisions concerning 1) replacement of individual telephone or electric poles damaged or destroyed due to automobile accident and/or natural disaster, and 2) projects which have already been substantially commenced, as presented at this meeting, and BE IT FURTHER, § RESOLVED, that the Town Board reaffirms and readopts 179-4-110 entitled, “Underground Utilities Overlay District,” as amended, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 4 day of April, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-At last weeks DPW meeting the DPW committee passed a resolution of support of the Town of Queensbury’s actions and decisions to move toward under grounding utilities along these corridors. In specific the one the County cares about most these days is the one that they are about to start construction on. I do not want to get into great detail discussion about this because certainly we are in litigation with Niagara Mohawk right now and I suppose it is conceivable that others may join that suit. Some of the comments that were made in recent editorials are inaccurate and if there are people in the public that have been lead to believe that the lateral coming from the street to your house or your property or building, is going to be on you nickel, it has been made crystal to the town and in a couple of different formats, that the grant money that the Town has received is an eligible expense for some of the grant money that we have received. So, we do not anticipate property owners being forced to pay a significant amount of money to connect up to an underground utility system. That is one of the few areas where under grounding is allowed to be funded from some of these grants that the Town has received. There are other inaccuracies that were started in the editorial and certainly the Town Board was not at all flippant in the decisions that have led us to this evening. We have considered all these things over the last couple of years we have reaffirmed these decisions internally several times over the last couple of years. We do feel that the actions th that we took on July 26 2004 and again reaffirmed after correcting a minor issue by a second resolution I believe in November of last year and then again tonight, this will be the third time that this local law in its base format have been voted on . We have moved diligently, we do know what we are doing we have considered other options and I believe that tonight we are going to pass this resolution, local law for the third time. 199 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 Councilman Strough-I would also like to add I think Mr. Flaherty’s concerns need to be addressed because we are looking at it as a community we are not looking at it narrowly as Niagara Mohawk interest that this proposal improves, public safety, and minimizes the need for right of way acquisition, it has positive economic impacts and does improve the esthetics and it improves intermunicipal cooperation and as Marilyn pointed out it is a one time investment. Under grounding produces returns for generations, enjoy the benefits of it and it facilities construction of buildings to maximum heights by avoiding building to wire clearances. Under grounding results in fewer poles, less clutters better pedestrian access Supervisor Stec-Better safety. Councilman Strough-better safety, under grounding allows for greater variety of approved street trees to be planted and grow in their natural canopy. Maintenance costs in the long run are lower, pole replacement, tree trimming, things like that do not occur. Attractive street scapes encourage greater transient and pedestrian activity, they encourage improved urban design. Under grounding promotes pride and patronage in neighborhood commercial areas, it attracts places to frequent and shop, it contributes to increased property values in the affected areas. Not only that Mr. Flaherty refers to Main Street in particular, Main Street in particular has unique problems with trying to locate poles in a safe place. For the sake of the public they should know what we are thinking. Supervisor Stec-Again as a housekeeping matter we did close the public hearing on this st amendment on this local law on March 21. we conducted a public hearing we heard all interested parties and we did close the public hearing on that date. To summarize again the two changes they are not changes as much as they are additions to the local law which is a paragraph 179-4-110 F & G. Paragaph F refers to situations of single damage poles or whatever hit by an automobile accident, natural disaster that this local law is not intended to trigger the under grounding of power due to one damaged or destroyed pole, an example due to a car accident and paragraph G summarizing it, again refers to substantial commencements ie. Those projects on effected corridors that have already started are not subjected to under grounding their utilities at this time. Those are the two minor changes that we are making for the local law. Asked for comments from the Town Board Members-no one spoke… vote taken LOCAL LAW NO.: 1 OF 2005 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” SECTION 179-4-110 ENTITLED “UNDERGROUND UTILITIES OVERLAY DISTRICT” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 179, “Zoning,” Article 4 entitled "Schedule of Regulations" is hereby amended by adding new provisions F and G to Section 179-4-110 as follows: § 179-4-110. Underground Utilities Overlay District. A. Purpose and Findings. The Town of Queensbury is currently experiencing significant new construction and reconstruction in developed areas 200 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 which involve either installation or relocation of electric, telephone, cable television and telecommunication utility lines. Placement of these utilities underground would improve the safety and welfare of Town residents and visitors for several reasons. A multitude of utility poles close to the street constitutes a traffic hazard by increasing visual clutter and the likelihood of accidents related to the resulting distraction as well as by presenting a collision obstacle for vehicles which leave the lane of travel for any reason. Utility poles and overhead utility lines also pose a threat to public safety as they are vulnerable to being downed by ice and wind storms. Finally, the appearance of the major arterials in the Town contributes significantly to the overall impression of the community held by residents, visitors and commuters. Placing utilities underground will improve this general perception and positively impact the appeal of the community. This Local Law is intended to provide these benefits by requiring the placement of electric, telephone, cable television and telecommunication utilities underground within the overlay district. B. Definitions. “Utility Lines” shall mean transmission, trunk and lateral distribution lines, including electric, telephone, cable television, telecommunication and all other wires and cables. C. Creation of Overlay District. An overlay district is hereby created to be known as the Underground Utilities Overlay District which include all properties located within 125 feet of the centerline of the following roads: 1. Warren County Route 28 (Main Street) from Exit 18 of the Adirondack Northway (NYS Route I-87) to the City of Glens Falls municipal boundary; 2. NYS Route 9 from NYS Route 149 to the City of Glens Falls municipal boundary; 3. All of Quaker Road (NYS Route 254) lying within the Town; and 4. Aviation Road (NYS Route 254) from west of the bridge over the Adirondack Northway (NYS Route I-87) to NYS Route 9. 201 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 D. Under grounding Required. Any utility lines within the Underground Utilities Overlay District which are required to be relocated in connection with any construction project and any new utility lines to be installed within the Overlay District shall be installed underground. Utility companies shall obtain all necessary approvals and permits prior to commencement of construction. Wherever practicable, trenches through utility easements shall be occupied jointly by electric and telecommunication utility lines. Whenever main distribution and trunk utility lines are located or relocated underground, lateral distribution lines from those lines to individual structures shall also be located or relocated underground. All new or relocated lateral distribution lines shall be located underground whether or not the main distribution and trunk lines are underground. E. Removal of Existing Poles and Overhead Lines. The utility company which owns existing utility poles and overhead utility lines shall remove such poles and lines immediately following installation and activation of the underground lines. Notwithstanding any other provisions of this Local Law, individual F. telephone poles, electric poles [or similar separate and distinct utility structures] which are damaged or destroyed due to automobile accident, natural disaster (lightning, fire, flood or the like) may be repaired or replaced at the same or substantially similar above-ground location at the discretion of the utility company and/or property owner bearing responsibility for the repair or replacement. The provisions of this Local Law shall be deemed to be applicable to any G. activity or project which has not already been substantially commenced. For this purpose, “substantial commencement” shall mean that the physical, on-site construction or work associated with the project or activity has actually begun in the field and was substantially underway at the time of enactment. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. 202 SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17 SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. 8.0 ACTIONS OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 9.0 ATTORNEY MATTERS Town Counsel Hafner-I know that we have already informed the Town Board about something the Highway Dept. has run into, you know that every year or twice a year we do cleanup they place it in a location over by Jenkinsville where they do their mining, DEC has requested that they get a certain permit, they have applied and obtained it there is documentation that the Highway Supt. has to sign that DEC has given them and I wanted to update the Board and make sure you have copies of correspondence that were written to DEC, and make sure that the Town Board is of similar mind and no problem with them going forward. Board agreed to go forward. 10.0 EXECUTIVE SESSION NONE RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 191.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 4 day of April, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury