Loading...
2004-07-26 MTG32 REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 47 REGULAR TOWN BOARD MEETING MTG#32 TH JULY 26, 2004 RES#360-385 6:30 P.M. B.H. 15-17 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND HISTORIAN, DR. MARILYN VAN DYKE DIRECTOR OF BUILDING & CODES, DAVE HATIN SENIOR PLANNER, MARILYN RYBA PRESS POST-STAR TV8 SUPERVISOR STEC-Called meeting to order. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 360, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby enters Executive Session to discuss property acquisition. th Duly adopted this 26 day of July, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 361, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 48 SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters into regular session. th Duly adopted this 26 day of July, 2004 by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH REGULAR SESSION 7:20 P.M. SUPERVISOR STEC-Presented Executive Director, Chris Round with the following Proclamation. Chris Round, Director of Community Development, has demonstrated a WHEREAS, high degree of professionalism, technical expertise and devotion to the Town of Queensbury over the past seven years, and WHEREAS, Mr. Round has been an integral member of the management team of the Town of Queensbury and has served as a strong leader of the Community Development Department which is charged with addressing the Town’s quality of life and community planning challenges, and WHEREAS, Mr. Round has overseen dozens of major Town projects including the creation of the Comprehensive Land Use Plan, Open Space Plan, Town-wide rezoning and numerous large-scale and high profile projects, and WHEREAS, Mr. Round has been a vital member of the area’s economic development, efforts serving as a staff member to the Queensbury Economic Development Corporation (QEDC), and WHEREAS, Chris Round has accepted a position in the private sector and will be greatly missed by all of his co-workers and members of the Queensbury Town Board, Queensbury Planning Board and Queensbury Zoning Board of Appeals, and WHEREAS, the Queensbury Town Board is proud of Mr. Round’s accomplishments and wishes to formally salute and recognize Mr. Round for providing his valuable knowledge and tireless service to the Town of Queensbury, NOW, THEREFORE, the Queensbury Town Board hereby congratulates Chris Round and further expresses its sincere appreciation to Mr. Round for his years of loyal and dedicated service to the Town of Queensbury and doing his part to make the Town of Queensbury a better place to live. th Given under the Seal of the Town of Queensbury this 26 day of July 2004. AYES: Mr. Brewer, Mr. Boor, Mr. Strough, Mr. Turner, Mr. Stec REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 49 Noes: None Absent:None EXECUTIVE DIRECTOR, MR. ROUND-I just want to thank you; you are very generous with your praise. I’m honored and humbled. We’re fortunate here at the Town to have many fine employees; I’m fortunate to have many equally talented co-workers. I want to thank you and everybody I’ve worked with over the past seven years. I just want to again, acknowledge it’s a tough job you all have up here up front your volunteer position as political representatives for the Town and thanks for all the opportunities that you guys have given me. COUNCILMAN BREWER-We’ll certainly miss you Chris. You are not going to be far away. I want to thank you for all the help you have provided in the last four and a half years. COUNCILMAN STROUGH-And a whole lot of projects and I’ve mentioned them before. The Main Street Project, we have a Comprehensive Land Use Plan he has helped guide us through. The zoning proposals, which troublesome in some areas were a very pro-active approach, I think we have a lot to work with and those and many of things I want to thank you Chris. COUNCILMAN TURNER-I’d just like to wish Chris all the best. I’ve worked with him, I think since we’ve hired him seven years ago. He has certainly helped this board and other boards certainly. We will miss you. COUNCILMAN BOOR-You’ve done a great job. I think probably as you pointed out at least to us and I’m not sure if the public is aware of it, it’s a tough position because you didn’t complete I think a lot of things that you really took a lot of pride in and wanted to see to fruition. It’s obvious in government that we move really really slowly, but certainly you laid the groundwork for some projects that I know will get completed. They certainly probably wouldn’t have been completed had it not been for your tenure. Besides the day-to-day grind with what you put up with you have to listen us political idiots. COUNCILMAN BREWER-Speak for yourself Roger. COUNCILMAN BOOR-You are here at these meetings. I think it goes unaware I think of how much time you put in. It’s not just the eight to five or nine to five. You are in the community doing work. You attend these meetings. You’ve supported all of us in many ways. You will be missed and very difficult to replace. I appreciate your time. SUPERVISOR STEC-Thank you again, Chris. Recognized the following past and present elected officials. Assemblywoman Teresa Sayward from Essex County, current County Supervisor and past Town Supervisor Fred Champagne, County Supervisor Nick Caimano also the County Budget Officer, former Town Board Member, former Town Board members Betty Moynihan, Pliney Tucker, and Dan Olsen. Thanked all of them for coming this evening and helping out. Thanked Glens Falls National Bank for sponsoring the Town Board Meeting for the last several months noting they have agreed to sponsor the airing of the Town Board Meetings for the next twelve months. It is a very important avenue for the Town Board to communicate to the public. Also noted the Website was featured in an article of the Post Star, www.Queensbury.net. It is up to date, it’s current, and it’s comprehensive. It could save you a trip to the Town Hall. REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 50 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 362, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 26 day of July, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None Absent:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RONALD AND KATHLEEN GOODSPEED RESOLUTION NO.: BOH 15, 2004 INTRODUCED BY: Mr. Theodore Turner 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, Ronald and Kathleen Goodspeed have applied to the Local Board of Health for a variance from Chapter 136 to install a leach field 83’ from their own well and 75’ from a stream instead of the required 100’ setback(s) on property located at 2383 Ridge Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public th hearing on August 16, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Ronald and Kathleen Goodspeed’s sewage disposal variance application concerning property located at 2383 Ridge Road, Queensbury (Tax Map No.: 240-1-12 and 240-1- 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 REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 51 Notice to neighbors located within 500 feet of Mr. and Mrs. Goodspeed’s property as required by law. th Duly adopted this 26 day of July, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-Recommended an engineer look at this noting they have talked about this in the past. In the case of the Goodspeed’s proposal and variances that they are requesting because of its location in a sensitive environmental area and the proximity to the well maybe an Engineer should analyze this not only for the community’s safety, but also for the applicant’s safety noting he doesn’t want the applicant coming back and back. If we did this ahead of time prior to the applicant’s meeting with us and the public hearing it would save them time. COUNCILMAN BOOR-Noted he would not have an objection to an engineer looking at this. EXECUTIVE DIRECTOR, MR. ROUND-Noted they need to give clear instruction to the engineer as to what exactly they are looking for. The things that come to mind are, are there alternative locations for sighting the facility, which is generally what Mr. Hatin is looking at as part of the permit project. Beyond that there is not a lot of design variables involved in most of these things. COUNCILMAN STROUGH-Noted he wants some assurances. They had a setback of a hundred feet from the septic to the well. They established that for a reason. The reason may be that certain types of soil would allow drainage of the septic system into a well, should it be closer. Maybe this doesn’t have those types of soil, noting this is his primary concern for the well-being of the people that live in the house or the well-being of the people who might buy this house should they sell it that the well is not going to get contaminated by a septic system that is less than one hundred feet. EXECUTIVE DIRECTOR, MR. ROUND-Will pass this information along to Mr. Hatin and work with the applicant to make sure we make that referral. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF WOLFRAM AND SANDY SCHILLE RESOLUTION NO.: BOH16, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 52 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, Wolfram and Sandy Schille have applied to the Local Board of Health for a variance from Chapter 136, 136-11, which requires applicants to obtain a variance for holding § tanks and the applicants have requested a holding tank, and WHEREAS, Mr. and Mrs. Schille have also applied to the Local Board of Health for an additional variance to allow placement of the holding tank 6’ from the property line in lieu of the required 10’ setback on property located at 382 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on August 16, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Wolfram and Sandy Schille’s sewage disposal variance application concerning property located at 382 Cleverdale Road in the Town of Queensbury and bearing Tax Map No.: 226.12-1-58 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLTUION NO. BOH 17, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 26 day of July 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 53 NOES: None ABSENT:None PUBLIC HEARINGS PUBLIC HEARING – QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY – PURCHASE OF PUMPER PRESIDENT, JOHN KASSELBAUM QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY NOTICE SHOWN SUPERVISOR STEC-John, if you would be so kind to join us at the microphone. To not confuse or alarm the public why don’t I let you address why we’re here this evening. MR. KASSELBAUM-I do know there have been some questions as to whether this was an additional. Number one, this is not an additional pumper. This is the same st engine that we had that we received approval for on December 1, 2003. Obviously at that time since the truck was not going to be finished until July or August we did not immediately, although we had a Letter Of Intent and a Letter of Agreement with Glens Falls National Bank for the additional hundred and eighty- five thousand dollar loan, we did not go into that because we were not going to incur debt that we did not need to pay. As the truck was nearing completion in June of 2004, I approached Frank Lemery who had originally given us the Letter of Intent. We started working on that, obviously in that case our lawyer, Paul Pontiff and through him his associate, Bruce Lipinski started working with Bill Fitzgerald at Glens Falls National. Unfortunately, oversight or we did not recognize what was occurring was that we did not realize for IRS Tax Law you need a fourteen day notice in the paper not realizing the Town does only ten days. It’s a semantics thing, but obviously for the IRS tax free loan, which we are getting from Glens Falls National we found out that we needed to do this all over again. All this is, is strictly a resolution, not to re-approve but approve the financing and to make sure that it was also posted for fourteen days because the last posting for our engine and our financing was for only ten days, that the Town normally does that we know now. Nothing has changed price wise. Our rate has stayed the same at three and three quarter percent; Glens Falls has already guaranteed the note. That hundred and eighty-five thousand dollars is for the balance that we owe on the engine and also for the equipment. The engine itself will be here probably within the week. It does not mean it will be in service yet because we still have equipment that it seems as though the engine has been built faster than our equipment and we also need some striping done. But we anticipate that it will be in service probably if not by the end of August, even earlier. So, that’s why we’re here. We’re not buying anything additional, this is the same engine that we were approved for December 1st, 2003. SUPERVISOR STEC-I can tell you and our Attorney is here, he can correct me if I misspeak it’s the Town’s understanding as well that this was a public hearing requirement because you did and the Town is happy that you did, tax free financing. Because no one knew at the time in December when this was approved that the public hearing was for ten days and not fourteen days so we’ve readvertised the public hearing, which is tonight, but it is not for a new piece of apparatus. I thought that was probably worth clarifying. REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 54 MR. KASSELBAUM-Nothing additional to what we’ve already been approved for. SUPERVISOR STEC- Thank you. With that I’ll open the public hearing. If there are any members of the public that would like to comment or ask questions or express concerns about what we’re doing here this evening, please feel free to step forward. PUBLIC HEARING OPENED NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE A PIERCE CUSTOM ENFORCER PUMPER TRUCK AND AUTHORIZING INCURRENCE OF DEBT FOR SUCH PURCHASE RESOLUTION NO.: 363, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, by Resolution 496,2003, the Town Board authorized the Fire Company to purchase a Pierce Custom Enforcer Pumper Truck for an amount not to exceed $357,500 including modification costs, with the understanding that the Fire Company would use $185,000 in the Fire Company’s Restricted Vehicle Fund, including the Town’s 2004 contract payment, toward the purchase and incur $185,000 in debt with the Glens Falls National Bank and Trust Company, and WHEREAS, 10 days notice was provided to the public before the Town Board conducted the required public hearing concerning the Fire Company’s purchase, but the Fire Company requires 14 days notice to be able to issue its debt as tax-exempt, and WHEREAS, in accordance with the Fire Company’s request, the Town Board set another public hearing to allow the Fire Company to have this public hearing with 14 days notice in accordance with the Internal Revenue Code and Regulations, and REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 55 th WHEREAS, on July 26, 2004, the Town Board held such public hearing and heard all interested persons, and WHEREAS, the Town Board wishes to adopt another Resolution authorizing the incurrence of debt by the Fire Company where such debt is based on no obligation of the Town and the debt shall in no way be considered to be a Town debt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board approves of the incurrence of $185,000 in debt by the Queensbury Central Volunteer Fire Company, Inc. for such purchase with the understanding that the Town Board is relying upon the Fire Company’s assurances that the Pumper Truck is serviceable and suitable for its long-term intended use, BE IT FURTHER, RESOLVED, that a retired pumper truck will be sold or traded at fair market value and the proceeds will be deposited to the Restricted Vehicle Fund if sold, or will reduce the amount of debt if traded in, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee the debt with Glens Falls National Bank and Trust Company on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 26 day of July, 2004 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None PUBLIC HEARING – LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO CREATE AN UNDERGROUND UTILTIES OVERLAY DISTRICT NOTICE SHOWN REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 56 SUPERVISOR STEC-The purpose of this one actually it is a little more convoluted than the last one. The Town has expressed a desire after reviewing and trying to look forward and be a little more proactive with the appearance of our Town as well as the safety and economic development. The Town has identified several corridors primarily commercial, high traffic, high visibility corridors within the Town. We would like to establish a local law that would require that going forward in the future anytime the utilities in those corridors are moved or need to be relocated for whatever reason that this local law would require that they be under grounded by the utility companies that would be moving them. The corridors that would be affected by this local law is in no particular order is the Route 9 corridor from the City line with Glens Falls up to Route 149. Almost the entire length of Route 9 in the Town of Queensbury it’s been the subject of much comment all the way to Dave Letterman, I do believe as far as the appearance and the level of difficulty of that particular corridor with all of our traffic and pedestrian crossing difficulties and aesthetics. When you look at the Route it’s one of the areas that we would like to see enhanced. The other one is Quaker Road the entire length of Quaker Road all the way to the intersection with Route 9, across Route 9 up at that point Aviation Road to Exit 19, the stretch of Aviation Road east of the Northway all the way down Quaker Road. The third area would be the Main Street Corridor down on Main Street from Exit 18 to the City line in the area of the Main Street Project. So this local law is something that we have been working on, on and off for several months now. With that, Bob did I leave out any salient points? ATTORNEY HAFNER-No. SUPERVISOR STEC-With that I’ll open the public hearing. If there is anyone who has any has any questions or comments for or against, would like anything clarified on this local law the floor is yours. Not seeing any, any comments or questions from Town Board members? PUBLIC HEARING OPENED COUNCILMAN BOOR-I just think it’s a good idea. It is certainly something we’ve been kicking around. As you stated quite eloquently, I think in the long run it is going to help the appearance. I’d like to maybe see it extended further, but I guess we’ll see how it goes in these initial areas. SUPERVISOR STEC-That’s just it too, Roger made an excellent point. This is a starting point. That’s not to say that it wouldn’t or couldn’t be enhanced or improved in the future that we wouldn’t add other corridors. These are the three we thought that if we could see this come to fruition that it would be an economic development asset, a safety asset, an a appearance improvement in our community. Roger has taken a bit of a leadership position on pushing for this as well. I think it was fitting that Roger had his comments and I’m guessing that Roger might want to make a motion. COUNCILMAN BOOR-I’ll move it. SUPERVISOR STEC-Seconded by Councilman Strough. RESOLUTION ENACTING LOCAL LAW NO.: 6, OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO CREATE AN UNDERGROUND UTILITIES OVERLAY DISTRICT REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 57 RESOLUTION NO. 364, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 6 of 2004 to amend Queensbury Town Code Chapter 179, “Zoning,” Article 4 entitled "Schedule of Regulations" by adding a new section 179-4-110 entitled “Underground Utilities Overlay District,” to create an Underground Utilities Overlay District in the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and th WHEREAS, the Town Board duly held a public hearing on July 26, 2004 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 6 of 2004 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” Article 4 entitled "Schedule of Regulations" by adding a new section 179-4-110 entitled “Underground Utilities Overlay District,” to create an Underground Utilities Overlay District in the Town of Queensbury as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 58 LOCAL LAW NO.: 6, OF 2004 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO CREATE AN 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 a new 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 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: REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 59 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. D. Undergrounding 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. 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 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. 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. DISCUSSION HELD BEFORE VOTE ON RESOLUTION ATTORNEY HAFNER-Can I jump in here? COUNCILMAN STEC-Yes, you may. REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 60 ATTORNEY HAFNER-If you remember at the last meeting I said that there was one blank in here. I think the board wanted to give the public a chance to give any input they have they haven’t given any input. On Page 2, you guys need to focus on the amount of feet. Chris Round and I were talking that maybe what you were thinking about was in the neighborhood of a hundred feet that was something that we needed your input on before you actually pass this law tonight. SUPERVISOR STEC-That is Paragraph C on Page 2 of the local law. The Overlay District will include all properties located within X feet of the following roads. Then it’s Main Street, Route 9 south of Route 149, Quaker Road and that portion of Aviation Road as I described before. I do think that you are correct that perhaps for this overlay a hundred was a number that we were kicking around. But certainly if the Town Board wants a different number now would be the time to solicit. COUNCILMAN STROUGH-I was under the opinion that we generally agreed that a hundred feet would cover ninety nine percent of our interest. SUPERVISOR STEC-Bob, question for me. It’s within a hundred feet of the following roads so is that the centerline of the road or the edge of the asphalt? ATTORNEY HAFNER-We had interpreted the edge of the asphalt but let’s say the edge of the following roads. SUPERVISOR STEC-Okay, within a hundred feet of the edge of the following road. COUNCILMAN BOOR-What determines the edge of the road? ATTORNEY HAFNER-It would be either our deeded property line or if it were a road by use it would be where the edge actually is. COUNCILMAN BOOR-I guess my concern would be obviously no matter what happens does it have to be surveyed? In some instances can we get away from that extra burden? ATTORNEY HAFNER-Do you want to make it a hundred and twenty five feet from the centerline? COUNCILMAN BOOR-I would be more comfortable with that. SUPERVISOR STEC-I think that’s clearer. ATTORNEY HAFNER-How about hundred and twenty five feet of the centerline. SUPERVISOR STEC-A hundred and twenty five feet of the centerline of the following roads. With that important blank filled in the public hearing is still opened is there anyone from the public that would like to comment? JOHN SALVADOR-Will this require the public utilities to participate also? COUNCILMAN STROUGH-You mean like cable, yes. MR. SALVADOR-Power? COUNCILMAN BOOR-Yes. REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 61 COUNCILMAN STROUGH-Yes. MR. SALVADOR-High voltage? COUNCILMAN BOOR-Yes. COUNCILMAN BREWER-Yes. COUNCILMAN BOOR-All utilities. SUPERVISOR STEC-All utilities. Thank you, John. PLINEY TUCKER-My question is will this be at a total cost to the utilities, taxpayers will not be involved at all? SUPERVISOR STEC-That is the intent. MR. TUCKER-Thank you. COUNCILMAN BOOR-Total cost to the person who is making the improvement not to utilities the property that is being enhanced will be paying for it. You said the utilities didn’t you? MR. TUCKER-Yeah. I mean if Niagara Mohawk is rewiring a section of Route 9, you guys are going to require they go underground that will be their expense won’t it? COUNCILMAN BREWER-Correct. SUPERVISOR STEC-Correct. COUNCILMAN BOOR-They are not going to do it for free. The person whose property is being improved is probably going to get a bill Pliney. COUNCILMAN BREWER-The Town is not going to pay for it Pliney. COUNCILMAN BOOR-The Town is not going to pay for it is a requirement for improvement. SUPERVISOR STEC-Bob, you look like you might want to clarify. TOWN COUNSEL, HAFNER-The way the local law is written the intent is that the utility whoever is having it moved would pay for it. The only way that would overcome that is if a court decided something different. SUPERVISOR STEC-Right, I thought we were talking utility that’s why I was getting a little confused. Does that answer your question John? TOWN COUNSEL, HAFNER-And it doesn’t require any movement at all right now what’s there is there. SUPERVISOR STEC-It’s when it’s time for them to move then again they would be required to underground them. REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 62 MR. SALVADOR-If I understand correctly you are talking about one piece of property underground another piece of property you haven’t gotten to yet above ground, have you spoken to the utility company about how you do this? You are talking about switchgear you are talking expense. COUNCILMAN BOOR-Correct. MR. SALVADOR-Especially if you are going to bury high voltage cable. COUNCILMAN BOOR-That’s correct. MR. SALVADOR-I think you should coordinate with the utility companies that have to bear this expense. COUNCILMAN BOOR-The utility companies are not bearing the expense John. SUPERVISOR STEC-They are. TOWN COUNSEL, HAFNER-That’s the way the statute is written. COUNCILMAN BOOR-Ultimately they won’t. MR. SALVADOR-You’ve got the feeder that runs down the highway. Then you have the laterals that service the users. As, I understand it somebody has to move first you have to have a system in place that’s going to be compatible with what you want to do. You just can’t go cutting one section out and do that, I don’t think. You should really consult with the utility company they do this stuff every day. WARREN COUNTY SUPERVISOR NICK CAIMANO, TOWN OF QUEENSBURY-We’re confused in the back. Who is paying for this? If you have a sewer district the guy laying the sewer doesn’t pay for it the people pay for it, it has to be the same way here. We’re going to pay for it right? You answered that differently to Pliney when he asked you that question. TOWN COUNSEL, HAFNER-No, the intention of this law is if the utilities are moved they have to be moved underground at their expense. MR. CAIMANO-Their meaning? TOWN COUNSEL, HAFNER-The utility company. MR. CAIMANO-How can you do that? TOWN COUNSEL, HAFNER-There are lots of things that the Town requires if they do things they have to pay for them. COUNCILMAN BOOR-If you are talking about what is pole to pole utility companies would be bearing it. If you are talking pole to business the business picks up the expense. MR. CAIMANO-So the main feed is paid for by the utility. COUNCILMAN BOOR-They are required to bury them. MR. CAIMANO-The lateral is paid for… REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 63 COUNCILMAN BOOR-Would be paid for by the business. MR. CAIMANO-In the long run Nimo will make us pay for all of that. MR. TUCKER-Your answer to me was right. SUPERVISOR STEC-Yes, it was. TOWN COUNSEL, HAFNER-The Town can’t speak for what Niagara Mohawk might require with their customers. SUPERVISOR STEC-Thank you for that clarification. FORMER SUPERVISOR FRED CHAMPAGNE-We are confused back there obviously it sounds to me we have a couple of different answers here to our concerns. Is it even possible number one to legislate this within a Town for Nimo to perform this particular task? Number two; my question would be does this in fact apply to Corinth Road rather than Town expenses and other costs associated with doing the underground on Corinth Road? COUNCILMAN BOOR-The second we can answer the first Bob can answer. MR. CHAMPAGNE-I understand that. SUPERVISOR STEC-I think Bob the answer to your first questions other Town’s other municipalities have enacted local laws like this one? TOWN COUNSEL, HAFNER-This is similar to other types of zoning. It’s within the Town’s authority to set standard for how things are done. This is one of the standards that this Town has decided to impose. Other Towns have required undergrounding of utilities. MR. CHAMPAGNE-The enactment of this law tonight, public hearing tonight will in fact provide for Nimo to do the underground on the Corinth Road Project, is that what I’m hearing you say? TOWN COUNSEL, HAFNER-That is the intent of the law. SUPERVISOR STEC-That is the Town’s opinion. COUNCILMAN BOOR-That is one of the corridors that would be affected, yes. MR. CHAMPAGNE-God bless you. SUPERVISOR STEC-Any other questions or comments? With that I’ll close the public hearing. PUBLIC HEARING CLOSED CORRESPONDENCE DEPUTY CLERK O’BRIEN-Read the following letter into the record. Queensbury Town Board July 26, 2004 REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 64 My work commitments prevent me from attending tonight’s meeting, however, I would like to address the following issues: Route 254 Where are you? This past Saturday left my home at 11:a.m. and drive to Lake George. The traffic was backed up going south on Route 9 as far as Leo’s Lobster. I needed to take a friend from Lake George to the Wood Carte on Route 9 across from Suttons. Knowing that returning on Route 9 would be impossible, I chose the Northway and got off at exit 19. The traffic was backed up to the Silo. After sitting through 4 cycles of traffic lights in an attempt to turn left on Route 9 to go north, I changed lanes so I could cross Route 9. I proceeded to turn left on Country Club Road, left on Sweet Road and right on Route 9 to the Wood Carte. This past Saturday was not Memorial Day, Labor Day, Fourth of July, Balloon Festival or any other special event. It was just a Saturday, which most of the time isn’t any different than any other day in terms of traffic. This is a scenario experienced by residents on a daily basis. We are all aware of the rating the intersection has received, the studies and dialog regarding the Route 254 intersection, but when is the improvement going to be implemented? The tax rebate resolution on tonight’s agenda states that there is an $11 million dollars surplus. Is that all undirected funds or is a portion of it already dedicated to specific use? How do these funds factor into the funds needed for the numerous capital improvements still unscheduled and unplanned? Today’s paper quoted Supervisor Stec as saying, “If I have to call 10 special meetings in the month of August, this thing will pass.” The residents of Queensbury deserve the same level of commitment on all projects from the Supervisor, not just those that are the special interests of the voting block that attempts to control this board. Regardless of my absence, I would hope questions raised will be addressed for those in attendance and the public in general. Joanne Bramley 38 Twicwood Lane Queensbury, NY DISCUSSION HELD SUPERVISOR STEC-Noted that Chris Round, and himself met with Sear Brown and DOT last Thursday to discuss the Route 9, 254 intersections. Noted he is happy to announce that the funding for the Route 9, 254 projects will be available from the State next June. As soon as the funding is available we will be ready to go. The engineering should be finished before the money is available we’re eyeing a September 2005 commencement for that project. DOT and Sear Brown both estimated somewhere between two to three months construction time. People of Greenway North will be relieved to know that Sear Brown has finished their th analysis noting he has scheduled a Workshop for August 9 regarding this matter. Their recommendation is to eliminate the connector road option and to eliminate the round-a-bout option. Their recommended option to us will be intersection enhancements at that intersection specifically adding a second left hand turn lane coming south on Route 9 to take a left onto Quaker Road and coming down the hill from Aviation Road turning left to head north on Route 9, right now those are single left hand turn lanes. There is enough room in the right of way for them to REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 65 do those projects. They think this is a very straightforward engineering problem to get done. PRESENTATIONS LAKES TO LOCKS DR. MARILYN VAN DYKE , JOHN STROUGH AND MARILYN RYBA resented board members with brochures regarding this program. (On file Town P Clerk’s Office) Mrs. Van Dyke spoke to the board regarding the Lakes to Locks Program noting it is a broad base program in which partnerships have been formed with public, private, and non-profits groups in an effort to interpret the areas scenic, historic, natural, cultural, recreational, and working landscape resources noting the Town of Queensbury has a lot to offer tourists. Mrs. Van Dyke, Mr. Strough, and Mrs. Ryba spoke to the board in detail regarding this program COMMUNITIES THAT CARE DAVID STAFFORD FROM COUNCIL OF PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE - CHRIS MC CORMACK, DOUG HERSCHLEB, TIM DONOVAN Mr. Stafford and staff made presentation to board noting that two years ago in conjunction with the Warren County Youth Bureau and encouragement and support of the Warren County Supervisor’s the Council and the Youth Bureau brought the Communities that Care process to Warren County. Presently there are five communities who are in various stages of involvement with the process. Communities that Care the goal is to create healthy communities, healthy families, and healthy youngsters noting it is a data driven program. The Queensbury Group is called Queensbury Can named by the youngsters in the High School and the CAN stands for Caring, Awaring and Nurturance. Mr. Mc Cormack spoke to the board regarding the process. Mr. Herschleb spoke to the board regarding the survey. Mr. Donovan spoke to the board regarding issues that are facing th Queensbury noting the next meeting is scheduled for August 18 at 7:00 p.m. at the Methodist Church on Aviation Road. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE OPEN FORUM FORMER SUPERVISOR DENNNIS BROWER-Spoke to the board regarding having an open public form regarding the Lake George sewer issue particularly the report that has been complied, noting this is an issue he feels strongly about. Thinks sewering with strong zoning and enforcement would enable the lake to be cleaner, healthier, and enable more recreation to occur on it for people who enjoy the lake and continue to have a powerful tourism presence for the future. Before the summer residents leave schedule a public meeting to discuss this. Thanked Executive Director Round personally for his contribution to Queensbury the many many efforts and the tremendous dedication given to the Town for many years. Spoke to the board regarding the moratorium noting he has never been an advocate for a moratorium noting he would not support a moratorium on commercial venues. However, unless there is a quick replacement of Mr. Round’s position REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 66 with someone experienced and knowledgeable about the Town of Queensbury the Town needs to be concerned particularly about the residential aspect of development. Spoke to the board regarding TV 8 filming of Town Board Meetings noting typically they get cut off in the middle of resolutions asked the board to keep this is mind. WARREN COUNTY SUPERVISOR CAIMANO AND WARREN COUNTY BUDGET OFFICER, 36 Surrey Field Drive, Queensbury-Spoke to the board regarding Resolution Rescinding Resolution No. 342, 2003 and Requesting and Authorizing Warren County to Retain Sales Tax Revenues and Offset Property Taxes, encouraged the board to pass this resolution for the Queensbury taxpayers of Warren County noting Hague, Bolton and Lake George already do this. COUNCILMAN BOOR-Recommended that the board address this resolution first number one because it’s the platform that the Supervisor ran on. Two, we do run out of tape thinks it would be a travesty for the public not to see where this board actually stands. TOWN BOARD-In agreement. DAN OLSEN, 29 CARLTON DRIVE, QUEENSBURY-Asked the board to strongly consider the re-allotment of the million dollars to offset the Queensbury residents County taxes noting he thinks it’s the proper thing to do. Spoke to the board regarding the Local Law To Amend Queensbury Town Code Chapter 179 to Create an Underground Utilities Overlay District. Presented to the Supervisor an article to the board regarding the statistics of pollution regarding this matter. Spoke to the board noting he has a situation where he has a problem with a diesel truck that is fifty to seventy five feet from his house in a residential area. The operator of the truck lets it run sometimes two to three hours at a time. The diesel fumes penetrate your house. They smell noting he has had health issues regarding this. Is pleased that the board is entertaining this resolution tonight. KAREN ANGLESON, 1 GREENWOOD LANE, QUEENSBURY-Spoke to the board asked the board to provide the residents of the Town with an update on the process on the issues identified a couple months ago when the Planning Board th requested a moratorium on residential building. The Workshop on June 14 you unanimously decided to set up a committee of the Chairman of the Planning and Zoning Board, the Town Board members, members of the public, and other appropriate individuals to study this matter and reach some conclusion. Spoke to board regarding Route 254 and Route 9; noting the board answered many of the questions is glad to hear that it is in progress. Asked how bike and pedestrian traffic will be affected in this situation. Asked the board to provide Town residents with the status of a bicycle pedestrian plan for the Town, which was presented and discussed at a public meeting several years ago. Asked what recommendations have been implanted for the Open Space Plan that was completed over a year ago? Will these be coordinated and shared with the committee set up to act and advise on the actions on the Planning Boards request for a moratorium? According to the Open Space Vision Plan 2003 Committee Report on the Town website the 2004 committee has not been appointed. Asked what is the status of the replacement of Mr. Round and the restructure of the department? Asked has a prudent review of the items listed and priorities on the capital project request list dated 5/4/01 been done before making the decision on leaving a million dollars of the Town surplus to Warren County for the purpose of offsetting 2005 county taxes? Asked in this prudent review has the cost to restructure the Community Service Department and the Planning Department including salaries to attract qualified candidates been done? Questioned if the mechanism for offsetting the 2005 county taxes has it REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 67 been reviewed so that we can be assured that the Queensbury money is being used for the Queensbury residents? FORMER TOWN COUNCIL NEWCOMB, ADIRONDACK CHAMBER OF COMMERCE, BARBARA SWEET-42 Queen Mary Drive, Queensbury-Spoke as Chairperson of the Open Space Planning Committee thanked Chris Round on behalf of the committee noting history will prove that the work that has been done on the Open Space Plan will be a great import to Queensbury having lasting ramifications as we work toward the future. Noted she serves as a Director of Government Affairs for the Adirondack Regional Chamber of Commerce is here in support of the resolution regarding the one million dollars. Feels it is unique and good that Queensbury is in such a good position in this day and age as compared to a lot of other communities. Believes it sends a very good message that we are in such a good position and that we are able to help out our taxpayers. Perception of a good community and the reality of a good community will help down the line as we work towards the ramifications of development with Tech Valley and other issues that are going on to the south of us. FORMER SUPERVISOR FRED CHAMPAGNE-1 JUNIPER DRIVE, QUEENSBURY-Thanked Mr. Round for the outstanding job he has done for the Town. Spoke to the board regarding the one million dollars noting he echoes Mr. Caimano noting it is the right thing to do. BRUCE MANDOLORE-Spoke to the board regarding his property. Asked if his single family home is on two lots or one, is it a legal subdivision? SUPERVISOR STEC-It is an APA matter noting the Town can help him look into it, but it is not a Town matter. Asked for Mr. Mandolore’s phone number noting he will get back to him. JOHN SALVADOR-Spoke to the board noting he would be interested in the solution to Mr. Mandolore’s problem noting they have the same situation in North Queensbury. Spoke to the board regarding the Tourism Promotion and Convention Development Agreement, asked which department in the Town will administer the contract? SUPERVISOR STEC-Until the Town Board decides otherwise the Accounting Office. MR. SALVADOR-Cautioned the board to look before they leap on the sales tax issue. Your talking about one-time sales tax revenue. Spoke to the board regarding the twenty five percent admission fee to amusement parks. Recommended that the Town abolish the fire-taxing district and collect the money in the general fund then use the sales tax money to reduce the fire tax. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the Resolution Approving Revisions to Town Landfill Fee Schedule. Asked Supervisor Stec to justify this. SUPERVISOR STEC-Noted the fees haven’t been adjusted in over ten years. For several years the Town has been losing money. It has been subsidized by the general fund noting this was something that Former Supervisor Brower wanted to do noting he agreed with him. State Comptroller Audits have commented on this, the former Comptroller of the Town also agreed that it was something we needed to try and correct that we were subsidizing this from the general fund. REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 68 MR. TUCKER-Questioned how much of the operation is being subsidized? SUPERVISOR STEC-Approximately seventy thousand dollars a year noting the fees won’t make up all of the seventy thousand dollars. It will be close. MR. TUCKER-Asked the percentage the fees were going up? SUPERVISOR STEC-Twenty percent plus or minus. MR. TUCKER-Asked if the million dollars was a one-time deal? SUPERVISOR STEC-No, it’s not, it will be an annual amount with an initial kicker. COUNCILMAN BREWER-We have to pass a resolution every year to do it. SUPERVISOR STEC-No. The base line would go on until we take action to change it similar to the last one. We will be talking about it very shortly. DAVE STRAINER, 1124 RIDGE ROAD, QUEENSBURY-Spoke to the board regarding the Resolution Authorizing Commencement of Supreme Court Action Town of Queensbury vs. Arthur Brown asked if the board could move this resolution up front noting the people of Glen Lake would be happy to hear this, questioned what action the board is commencing? SUPERVISOR STEC-It’s regarding the septic system. MR. STRAINER-Commended the board for giving the tax money to the taxpayers. Asked what the other plans are for the other million dollars noting he would like to see the Town purchase some open space. SUPERVISOR STEC-Noted it is more than two million. MR. STRAINER-Thanked Mr. Round for his help. OPEN FORUM CLOSED 9:30 P.M. TOWN BOARD DISCUSSIONS thrd COUNCILMAN STROUGH-Spoke to the board regarding the May 28 to June 3 Business Review noting it rates the capital district schools noting Queensbury School was ranked number one as most cost effective. Out of eighty-five when they took a look at the needs index; cost effective index, community, testing, Queensbury was ranked thirteen. The issue of May 31, 2004 it mentions that schools should follow business procedure to do things effectively and efficiently. They should learn from business and use technology. Spoke to the board regarding the Resolution Rescinding Resolution No. 342, 2004 and Requesting and Authorizing Warren County to Retain Sales Tax Revenues and Offset Property Taxes noting he is in favor of giving back money to the taxpayers. This issue wasn’t discussed in workshop or with Budget Officer, Jennifer Switzer. It is not fair to put a resolution of this importance on tonight’s schedule at such a late time when the board hasn’t had a workshop with the Budget Officer to get down to the basic facts. COUNCILMAN BREWER-This has been an on going discussion we’ve had for three years noting Supervisor Stec has mentioned it many times. We’ve talked REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 69 about it. It was an issue that was brought up last year, it was a campaign issue Dan ran on and won on noting he is prepared to move it. COUNCILMAN STROUGH-Recommended having a Town Board Workshop regarding this before passing it tonight. SUPERVISOR STEC-Spoke to the board regarding the procedure for the packets for Town Board Meetings. COUNCILMAN BOOR-Echoed the exact sentiments as Councilman Strough, read an editorial from the Post Star regarding this issue noted the Post Star must not read their reporters articles. Noted he would like to give back a million dollars back a year, not a one-time deal. SUPERVISOR STEC-Made presentation regarding the million dollars noting the resolution allows them to do a million a year. Spoke to the board regarding his attendance at the Lake George Watershed Conference Lake Awareness Day. Grant money was given to Lake George Village and Town of Hague for some projects to improve their communities on Lake George. Spoke to the board regarding the things they have been working on the last seven months. Audit was done on Assessment of the Town, noting it was very successful. State Comptroller, did an audit on payroll. Independent auditor did an audit on fire and EMS. Also audited several departments in the Town that handle money. EMS negotiated contracts added paid daytime; we cut cost twenty three percent. We brought in a bill for service arrangement that we are working on. They are talking about consolidation and we’ve got a new building to figure out where it is going to go. Fire, we have been talking about cutting cost and possible consolidation. Conversations have started and they are ongoing. There is a border dispute between two fire departments as to who should respond to what address. There has been talk about districts that have forced us to do research. The water tank has been fixed. We have a sewer expansion going on town wide. We have a water expansion project going on town wide. We have a budget to work on for 2005. We have eight Fire and EMS contracts to negotiate for 2005. We did a rezoning and have also initiated an aggressive campaign of Supreme Court action to correct quality of life issues. We have passed a garbage pickup law that corrects a noise problem. We are continuing to dredge Glen Lake. We are taking action on the idling of diesel trucks in residential neighborhoods. Working to widen West Mountain and Corinth Road. The first time in thirteen years we are going to get an ISO revaluation that is going to impact insurance rates for the Town for homeowners. We are doing the first reval in eight years of the Town. We’re talking about a land use plan update to start sometime in the near future. Looking at professional office zoning. We do the newsletter in-house. We have the Main Street Project going on. We have the Route 9 pedestrian lighting project going on. We solved an outdoor furnace local law. We’ve passed a local law for undergrounding of utilities for Quaker Road, Route 9, and Main Street. We are starting to look at the cable contract. We’ve had paintball thrown at us. We have a rec center project that we’re working on. We have Wal Mart, Great Escape Hotel, and Target. There is three point five million in the Comprehensive Land Use Plan noting the Town Board has been busy the last seven months of this year. RESOLUTIONS RESOLUTION RESCINDING RESOLUTION NO.: 342.2003 AND REQUESTING AND AUTHORIZING WARREN COUNTY TO RETAIN SALES TAX REVENUES AND OFFSET PROPERTY TAXES REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 70 RESOLUTION NO.: 365, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, Warren County receives sales tax revenues resulting from sales transactions taking place within the County and a substantial portion of such transactions occur within the Town of Queensbury, and WHEREAS, portions of the Warren County sales tax revenues are annually allocated and paid to each one of Warren County’s municipalities and annual sales tax revenues allocated to the Town of Queensbury is currently in the range of $6.7 million, and WHEREAS, at the end of 2003, the Town of Queensbury had an audited, total, end-of- year fund balance for general purposes totaling approximately $11.4 million, and WHEREAS, the Town of Queensbury’s gross sales tax revenue for the first and second quarters of 2004 were at a record high, and WHEREAS, the Town’s audited, total, end-of-year fund balance from the years 1989 through 1996 was steady between $1.4 million and $2.6 million, and WHEREAS, the Town’s audited, total, end-of-year fund balance from the years 1997 through 2003 steadily climbed from $2.6 million to nearly $11.4 million at the end of 2003, and WHEREAS, in 2001 the Town decided to eliminate the Town’s property tax which generated approximately $325,000 annually and the 2000 audited, total, end-of-year fund balance was nearly $7.3 million, and WHEREAS, a $1 million rebate was first proposed in 2002 when the 2001 audited, total end-of-year fund balance was $9.4 million and was defeated in a 2-1-1-1 vote, and WHEREAS, in 2003, a $1 million rebate was again proposed and defeated in a 2-3 vote, and the audited, total, end-of-year fund balance in 2002 was $10.7 million, and WHEREAS, the $375,000 rebate was passed in 2003 on a vote of 5-0, and the audited, total, end-of-year fund balance in 2003 was nearly $11.4 million, and WHEREAS, the Town of Queensbury has underestimated sales tax revenues each year since 1992, and REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 71 WHEREAS, since 1998, the average amount that the Town of Queensbury has under- budgeted for sales tax revenue has exceeded an average of $1 million annually, and WHEREAS, Chapter 528 of the Laws of 2000 (in Town Law §107) provides that towns may adopt a budget which includes a “reasonable amount” of unappropriated fund balances, and WHEREAS, by Resolution No.: 342.2003 and in accordance with New York State Tax Law §1262, the Town Board authorized Warren County to retain $375,000 of Warren County sales tax revenues allocated to the Town in 2004 to apply such revenues to reduce 2004 County property taxes on real property within the Town in order to offset County taxes on Queensbury properties, and WHEREAS, such Resolution No.: 342.2003 also authorized the reduction of County property taxes on real property within the Town for each year thereafter until rescinded by Town Board Resolution, and WHEREAS, the Town Board has determined that the current total fund balance again exceeds the reasonable amount needed for revenue stabilization, cash flow, contingencies, and contemplated capital projects, and the Town Board wishes to undertake a greater yet affordable and sustainable reduction of county taxes on Queensbury property, and WHEREAS, this issue has been examined and debated for the past three years, and WHEREAS, the Town Board feels that a larger amount for 2005 is warranted because the Town taxpayers that generated the surplus over the last several years should benefit from a larger initial rebate, and WHEREAS, the Town Board wishes to rescind Resolution No.: 342.2003 so that the Town Board may amend the amount of sales tax revenues to be retained by Warren County for 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescind Resolution No.: 342.2003, and BE IT FURTHER, RESOLVED, that the Town Board authorizes Warren County to retain $1,000,000 of Warren County sales tax revenues allocated to the Town of Queensbury in 2005 and apply such revenues to reduce the annual County property taxes on real property in the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 72 RESOLVED, that the Town Board requests that Warren County evenly redistribute the annual amount(s) to be retained, thereby retaining the Town’s sales tax rebate on a quarterly basis, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file a certified copy of this Resolution with Warren County’s Chief Fiscal Officer by mailing such st Resolution by registered or certified mail before September 1, 2004 in order to take effect for the calendar year 2005, and BE IT FURTHER, RESOLVED, that the authorization provided for in this Resolution shall be effective for each year until rescinded by Town Board Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor and/or Town Budget Officer to provide any other required documentation to Warren st County prior to September 1, 2004 and take any and all other action necessary to effectuate all terms of this Resolution. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None ABSTAIN:Mr. Strough DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, HAFNER-The second resolve on page three in the second line recommended to delete, and each year thereafter noting that is the only change he would recommend. COUNCILMAN BOOR-Recommended that last resolve on page three he would like it to be a million dollars not five hundred thousand. TOWN COUNSEL, HAFNER-That’s how it would work out if you want that. A million dollars is the same as what is proposed. After further discussion it was agreed to change to a million dollars in the second resolve and would delete the third resolve at the top of page three. SUPERVISOR STEC-Does not have a problem with this. TOWN BOARD-In agreement. REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 73 COUNCILMAN BOOR-Noted it’s the material aspect of the resolution it’s the method. RESOLUTION APPOINTING DR. MARILYN VAN DYKE TO LAKES TO LOCKS PASSAGE – LAKE GEORGE LOOP LOCAL ACTION COMMITTEE RESOLUTION NO.: 366, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Lake George Loop Local Action Committee is an organization that will utilize a grass-roots planning process to create the Lake George Component to the Corridor Management Plan (CMP) for Lakes to Locks Passage, a nationally designated All-American Road, and the CMP will guide future public and private investment and build a cohesive travel experience for visitors throughout the entire interconnected waterway of Lakes to Locks Passage, and WHEREAS, the Lake George area is rich with historic, cultural, scenic, and natural resources, and is an outstanding addition to the interconnected waterway of Lakes to Locks Passage and Lake George's entire shoreline (including the landside features in Washington County) will be encompassed in the CMP for this byway loop, and WHEREAS, the western side of Lake George includes the communities of Hague, Bolton, Town and Village of Lake George and Town of Queensbury along State Routes 9N and 9, and WHEREAS, the Queensbury Town Board wishes to appoint and designate a representative to the Lakes to Locks Passage -Lake George Loop Local Action Committee, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby appoints Dr. Marilyn Van Dyke of Bay Road in the Town of Queensbury to serve as a member of the Lakes to Locks Passage - Lake George Loop Local Action Committee, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to Dr. VanDyke and the Lakes to Locks Passage - Lake George Loop Local Action Committee and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2004, by the following vote: REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 74 AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION APPROVING REVISIONS TO TOWN LANDFILL (TRANSFER STATION) FEE SCHEDULE RESOLUTION NO.: 367, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has not amended the Town of Queensbury’s Landfill (Transfer Station) fees since 1994, and WHEREAS, for the past several years the Town of Queensbury has been subsidizing the Transfer Station operations from the Town’s General Fund, and WHEREAS, the Town’s Solid Waste Facilities Operator has reviewed the fees presently being charged at the Town’s Transfer Stations and has recommended that the Town Board approve revisions to the Town’s Landfill (Transfer Station) Fee Schedule as follows: Item Current Fee Proposed Increased Fee 0-16 gallon trash bag $ 1.50 each $ 2.00 each 17-32 gallon trash bag $ 2.50 each $ 3.00 each 32-50 gallon trash bag $ 4.00 each $ 5.00 each Refuse $15.00 per cubic yard $20.00 per cubic yard Mattress or Sofa $ 6.00 each $ 8.00 each Large Chairs $ 6.00 each $ 8.00 each Box Springs $ 6.00 each $ 8.00 each Disposal fees for the following items would remain the same: -Passenger Tire - $ 3.00 each -Compost Material (Ridge Road Only) - $.25 per bag up to 8 bags or a $2.00 maximum for car or pick-up loads -Appliances Containing Freon - $15.00 each and WHEREAS, the Town Board concurs with the Solid Waste Facilities Operator’s recommendations, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 75 RESOLVED, that the Queensbury Town Board hereby approves the revisions to the Town’s Landfill (Transfer Station) Fee Schedule as delineated in the preambles of this Resolution, and BE IT FURTHER, th RESOLVED, that the new fees shall take effect as of August 9, 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Solid Waste Facilities Operator and/or Budget Officer to take any and all action necessary to effectuate the new fee schedule and all terms of this Resolution. th Duly adopted this 26 day of July, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Mr. Coughlin asked to have a full week before this goes into effect. TOWN BOARD-After further discussion it was the decision of the board to change it to read th Monday, August 9, 2004. RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION OF CURBS AND SIDEWALKS ON THE NORTH SIDE OF FORT AMHERST STREET AND SIDEWALK REPAIRS IN BROADACRES NEIGHBORHOOD WITHIN TOWN OF QUEENSBURY RESOLUTION NO.: 368, 2004 INTRODUCED BY: Mr. Theodore Turner SECONDED BY: Mr. John Strough WHEREAS, Town of Queensbury funds have been appropriated in Account No.: 001- 5410-2899 for the purpose of the construction and replacement of sidewalks and curbs, and WHEREAS, the Town’s Highway Superintendent wishes to prepare a Request for Proposals (RFP) to distribute to qualified contractors for design and construction services of curbs and sidewalks on the north side of Fort Amherst Street in the Town of Queensbury, more specifically as follows: 1. approximately 556’(±) of curbs from 32 Fort Amherst Street to 46 Fort Amherst Street; and REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 76 2. approximately 909’(±) of sidewalks from 22 Fort Amherst Street to 38 Fort Amherst Street; and WHEREAS, the Town Supervisor wishes to also prepare a Request for Proposals (RFP) to distribute to qualified contractors for the repair of approximately 300’ of individual sidewalk squares in the Broadacres Neighborhood in the Town of Queensbury, and WHEREAS, the Town Board wishes to solicit proposals for these services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town’s Highway Superintendent and/or Purchasing Agent to prepare and distribute a Request for Proposals for the design and construction services of curbs and sidewalks on the north side of Fort Amherst Street and the repair of approximately 300’ of individual sidewalk squares in the Broadacres Neighborhood in the Town of Queensbury as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent and/or Purchasing Agent to take any further action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Boor RESOLUTION ADDING “AMERICAN WAY” TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 369, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 77 WHEREAS, the Town Board wishes to add “American Way” located at 407 & 409 Luzerne Road to the Town of Queensbury’s list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds “American Way” to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary pole and street sign identifying this road, and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. th Duly adopted this 26 day of July, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Turner NOES: None ABSENT:Mr. Boor RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT HILAND GOLF CLUB RESOLUTION NO.: 370, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Operation Second Chance, has requested permission to conduct a fireworks display as follows: SPONSOR : Operation Second Chance PLACE : Hiland Golf Club th DATES : Friday, July 30, 2004 TIME : 9:30 P.M. (approximately) NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 78 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks permit to Alonzo § Fireworks Display, Inc., on behalf of Operation Second Chance 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. 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 Bay Ridge Volunteer Fire Company, Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law §405, provide: REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 79 the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed 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. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Turner, Mr. Strough NOES : None ABSENT:Mr. Boor RESOLUTION SUPPORTING LEGISLATION TO CONSOLIDATE ADMINISTRATION OF VOTING MACHINES UNDER THE COUNTY BOARD OF ELECTIONS RESOLUTION NO.: 371, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the federal government has mandated under the Help America Vote Act, the st purchase and implementation of voting machines with approved technology by January 1, 2006, and WHEREAS, without the action of New York State or the Warren County Supervisors to consolidate the administration of these machines under the County Board of Elections, the individual Towns must accept the responsibility of purchasing, programming, training, and administration of the new machines, a cost which could run as high as $10,000 per machine for implementation and voter education, such cost to be borne solely by the Town, REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 80 NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby petitions the Warren County Board of Supervisors to adopt the necessary legislation to consolidate the authority of the Board of Elections so that central administration of the new voting machines may be accomplished, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documents in connection with this Resolution and further authorizes and directs the Town Supervisor to send certified copies of this Resolution to the Warren County Board of Supervisors and Warren County Board of Elections and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2004 by the following vote: AYES : Mr. Stec, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Boor RESOLUTION APPOINTING KIMBERLY RIVERS AS SENIOR CLERK IN TOWN CLERK’S OFFICE RESOLUTION NO. 372, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Clerk wishes to hire a Senior Clerk to work in the Town Clerk’s Office, and WHEREAS, the Town Clerk posted availability and reviewed the current Warren County Civil Service List for the Senior Clerk position, reviewed resumes and interviewed interested candidates, and WHEREAS, the Town Clerk has recommended that the Town Board authorize the appointment of Kimberly Rivers as Senior Clerk as Ms. Rivers is listed as #2 on the Warren County Civil Service List for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges and approves of the nd Town Clerk’s appointment of Kim Rivers as Senior Clerk effective August 2, 2004, subject to a REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 81 six month probation period, completion of a pre-employment physical required by Town Policy and any applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Ms. Rivers shall be paid the annual salary of $25,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Clerk 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 26 day of July, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:Mr. Boor RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2004 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW ARTICLE I OF CHAPTER 68 ENTITLED “PROHIBITION OF DIESEL VEHICLES IDLING IN RESIDENTIAL ZONES” RESOLUTION NO. 373, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2004 to amend the Queensbury Town Code by adding a new Article I of Chapter 68 entitled "Prohibition of Diesel Vehicles Idling in Residential Zones” to prohibit diesel vehicles from running or idling for any length of time in residential zones while the diesel vehicle is unattended as such activity can produce offensive odors and noise which can harm the health, safety and welfare of Town residents, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 82 RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, August 16, 2004 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2004, 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 proposed Local Law No. __ of 2004 in the manner provided by law. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING WORKSITE SPONSOR AGENCY AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT OF LABOR RESOLUTION NO.: 374, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the New York State Department of Labor has presented the Town of Queensbury with an Agreement With Worksite Sponsor Agency whereby the Town would become a sponsor and be assigned temporary employees (Workfare employees) consistent with the New York State Social Service Law, and WHEREAS, the Workfare employees covered under the program are persons in receipt of family assistance and/or food stamps and/or similar State benefits, and WHEREAS, accepting the Workfare employees allows the Town to provide additional services to its citizens at no significant expense to the Town, and WHEREAS, participation in the program is encouraged both by State and Federal law, and WHEREAS, the Agreement specifically provides that the acceptance of Workfare employees is not allowed to impair any existing contract for services or collective bargaining agreement, and WHEREAS, the Town has successfully participated in this program in the past, and REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 83 WHEREAS, the Agreement is in substantially the same form as executed by the Town in the past, and WHEREAS, a copy of a proposed Agreement is presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby seeks designation of the Town of Queensbury as a Worksite Sponsor Agency with the New York State Department of Labor so that the Town can receive temporary Workfare employees consistent with the New York State Social Service Law, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes the Agreement With Worksite Sponsor Agency referred to in the preambles of this Resolution and presented at this meeting and hereby authorizes and directs the Town Supervisor to execute such Agreement substantially in the form presented at this meeting and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT : None RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY RESOLUTION NO.: 375, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Warren County derives revenues from the Occupancy Tax authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003) and, after deducting the amount provided for administering such tax, is to allocate the funds to enhance the general economy of Warren County and its cities, towns and villages through the promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and WHEREAS, an Agreement between Warren County and the Town of Queensbury (Agreement) is presented at this meeting, which Agreement proposes to provide funds to the Town for tourism promotion and tourist and convention development, and REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 84 WHEREAS, the Agreement provides for initial funds of ten thousand dollars ($10,000) and for additional funds to be provided only in accordance with further Resolution adopted at the sole discretion of the Warren County Board of Supervisors with all funding subject to and in accordance with and the terms and provisions of the Agreement without the need to approve and sign additional agreements for additional payments, and WHEREAS, the Agreement also contains provisions concerning allowable fund expenditures, accounting, recordkeeping and under certain circumstances, refunds of Occupancy Tax funds being paid to the Town, and WHEREAS, the Town is ready, willing and able to provide for promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to carry out the terms of the Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Local Tourism Promotion and Convention Development Agreement between the Town of Queensbury and Warren County substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement for the receipt of funds in the amount of ten thousand dollars ($10,000) with the understanding that: 1. additional funding may be made by Warren County in accordance with the Agreement as occupancy tax revenues shall become available and in such amounts as the Warren County Board of Supervisors shall, in its sole discretion, determine appropriate in accordance with a municipal sharing formula to be approved by the Warren County Board of Supervisors; and 2. all funds received in accordance with the Agreement shall be subject to the terms and provisions of the Agreement without the need to approve and sign additional agreements; and 3. the Town of Queensbury shall refund such funds to Warren County if such funds are st not expended by December 31, 2005 or used for eligible expenditures; and BE IT FURTHER, RESOLVED, that specific expenditure of the funds provided under the Agreement shall be subject to further authorizing Resolution of the Queensbury Town Board, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 85 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward certified copies of this Resolution to the Warren County Attorney’s Office and Warren County Board of Supervisors and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT :None RESOLUTION AUTHORIZING UNPAID MEDICAL LEAVE OF ABSENCE FOR WILLIAM SHAW RESOLUTION NO.: 376, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, William Shaw, Computer Technology Coordinator, has been out on sick th leave/sick bank leave since February 25, 2004, and WHEREAS, Mr. Shaw has exhausted all paid leave available to him, including all sick leave bank leave, and WHEREAS, Mr. Shaw has requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX, and WHEREAS, Mr. Shaw has submitted medical documentation supporting a need for medical leave, and WHEREAS, the Town’s Director of Information Technology and Budget Officer have recommended that the Town Board grant unpaid medical leave with an effective date of August th 6, 2004 extending through the earlier of: th 1. February 6, 2005; or 2. Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town; and WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board approval is discretionary and necessary before an employee may take such leave, and REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 86 WHEREAS, the Town Board has carefully considered the circumstances of Mr. Shaw’s request and the recommendations of the Director of Information Technology and Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an unpaid th medical leave of absence to William Shaw with an effective date of August 6, 2004 extending through the earlier of: th 1. February 6, 2005; or 2. Certification of his physical qualification for return to work, documented by his physician in form acceptable to the Town; and BE IT FURTHER, RESOLVED, that Mr. Shaw shall provide the Town with a status report from his physician regarding his ability to return to work and must notify the Town Board in writing by th January 20, 2005 of his intention to return to work or request further unpaid medical leave and supply supporting documentation if he wishes to request additional unpaid leave beyond th February 6, 2005, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Information Technology and/or Budget Officer to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers’ Compensation Benefits. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS – ND ABSTRACT OF JULY 22, 2004 REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 87 RESOLUTION NO.: 377, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as nd the Abstract with a run date of July 22, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run nd date of July 22, 2004 numbering 24-307300 through 24-336200 and totaling $1,557,077.62, 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 26 day of July, 2004, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None ABSTAIN:Mr. Boor RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 378, 2004 INTRODUCED BY: Mr. Roger Boor 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 2004 Town Budget as follows: REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 88 ACCOUNTING & EMERGENCY SERVICES FROM: TO: $ AMOUNT: 001-1315-1035 01-1320-4401 8,500. (Comptroller) (Auditor) 005-3410-4400-4980 005-9025-8025-4980 7,984. (Misc. Contractual) (Service Award) th Duly adopted this 26 day of July, 2004, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING INCREASE OF APPROPRIATIONS AND ESTIMATED REVENUES AND AMENDING 2004 TOWN BUDGET TO ACCOMMODATE INCREASE IN GASOLINE BUDGET FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 379, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, there is a need to amend the 2004 Budget to increase the Highway Department’s budget for the remainder of the 2004 fiscal year due to lingering, high gasoline prices, and WHEREAS, the Highway Department has requested a budget amendment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of the Town’s 2004 Budget as follows: 1) Increase Estimated Revenues in Account #004-0004-2801 (Interfund Revenue) by the amount of $35,000; and 2) Increase Appropriations in Account #004-5130-4410 (Vehicle Fuel) by the amount of $35,000; and and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 89 RESOLVED, that the Town Board further approves, authorizes and directs the Town Budget Officer to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF VAN DUSEN & STEVES LAND SURVEYORS TO PROVIDE SURVEYING SERVICES FOR PROPERTY AND TOPOGRAPHIC SURVEY OF RICHARDSON STREET RESOLUTION NO.: 380, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Executive Director of Community Development has advised the Town Board that it is necessary to obtain a property and topographic survey of Richardson Street to establish the limits of the Town’s right-of-way as a component of the Town’s Main Street Gateway Improvement Project, and WHEREAS, VanDusen & Steves, Land Surveyors has offered to provide these services for a total not to exceed $9,800, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of VanDusen & Steves Land Surveyors to prepare a property and topographic survey of Richardson Street to establish the limits of the Town’s right- of-way as a component of the Town’s Main Street Gateway Improvement Project for an amount not to exceed $9,800, and BE IT FURTHER, RESOLVED, that such services shall be paid for from the TEA-21 Grant Award funds the Town received for the Main Street Gateway Improvements Project with the $9,800 to be funded by the Town as a local match to the Grant, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to sign any documentation and take any and all action necessary to effectuate all terms of this Resolution. REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 90 th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer RESOLUTION SETTING HEARING CONCERNING UNSAFE (PULLED) STRUCTURE LOCATED ON PROPERTY OWNED BY HOWARD TOOMEY DISCUSSION HELD SUPERVISOR STEC-Asked Mr. Hatin to come forward noting he had a brief conversation with him regarding a letter that was received today. DIRECTOR OF BUILDING & CODES, MR. HATIN-The structure is located at the intersection of Sunnyside and Rockwell Road. Has received several complaints over the last two months, has tried to work it out with the property owner but was unsuccessful. Asked to have a resolution prepared for the meeting noting no action had taken place on the structure. After the resolution was prepared Mr. Toomey’s son was notified that there would be an action tonight. He did undertake some action over the weekend. Met with him this morning advising him it was not enough. Asked him if he could find a way to collapse the structure. It would eliminate the immediate hazard that perhaps the board would entertain a resolution with a thirty to sixty day window, which he would have time to remove the structure. COUNCILMAN BOOR-It is collapsed. TOWN COUNSEL, HAFNER-Recommended coming back in a week with the thirty or sixty days. COUNCILMAN BOOR-Recommended Dave asking him if he can get it done before that he can save the Town time. DIRECTOR OF BUILDING & CODES, MR. HATIN-Talked to him today it seems like the end of September is probably more realistic. TOWN COUNSEL HAFNER-To come back in a week with the resolution to set the hearing for the sixteenth. RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. ARTHUR BROWN – NON-CONFORMING SEPTIC SYSTEM RESOLUTION NO.: 381, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 91 WHEREAS, Chapter 136 of the Town Code provides for administration and enforcement of the Town’s On-Site Sewage Disposal Ordinance and related laws, codes, ordinances, and regulations, and WHEREAS, Arthur Brown owns property at 69 Birch Road in the Town of Queensbury and neighbors have reported that Mr. Brown moved his septic system and provided photographs which support this claim, and WHEREAS, the Town’s Director of Building and Codes is charged with enforcement of the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Arthur Brown has refused admittance to the Director of Building and Codes Enforcement for the purpose of determining whether the septic system was moved; however, the Director of Building and Codes Enforcement observed heavy equipment and land disturbance consistent with neighbors’ reports and the Town’s Health Officer has opined that if the septic system was relocated as neighbors claim, this poses a serious health risk, and WHEREAS, the Town’s Director of Building and Code Enforcement has recommended to the Town Board that it commence a Supreme Court action against Mr. Brown to require Mr. Brown to allow inspection of his septic system and further require him to come into conformance with the Town’s On-Site Sewage Disposal Ordinance and Town Code, and WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and injunctive relief, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and injunctive relief in the matter of the Town of Queensbury vs. Arthur Brown as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation and take any and all action necessary to commence such proceeding and effectuate all terms of this Resolution. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 92 ABSENT : None RESOLUTION AMENDING RESOLUTION NO.: 166 OF 1963 CONCERNING TOWN HIGHWAY INVENTORY TO REVISE LENGTH OF ANTIGUA MOTEL ROAD RESOLUTION NO.: 382, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 166 of 1963 the Queensbury Town Board adopted its Inventory of the Town’s Highway System, and WHEREAS, the Town’s Deputy Highway Superintendent has advised that the length of Antigua Motel Road set forth in the Town’s Inventory (684.4’±) is incorrect as the Town Highway Department has maintained for years a total of 949.4’± on Antigua Motel Road or an additional 263’, and WHEREAS, the Town Board wishes to therefore amend Resolution No. 166 of 1963 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 166 of 1963 such that the length of Antigua Motel Road set forth on the Town of Queensbury’s Highway System Inventory shall be 949.4’± (or .18 miles), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Highway Superintendent to amend the Town’s Highway Inventory accordingly and take such other and further action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 163 of 1963 in all other respects. th Duly adopted this 26 day of July, 2004, by the following vote: AYES : Mr Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : Noes REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 93 ABSENT:None INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE ATTORNEY MATTERS TOWN COUNSEL, HAFNER-Spoke to the board regarding two parcels of property near the Water Treatment Plant. There are two different parcels that the Town is looking to get. One is one that there is a contract on. Years ago we bought the part that we could purchase, we had a contract for a portion of the property right next to it, which was within the FERC boundaries where you can only sell it after the federal government gives their permission. They have gotten that approval. They are now moving forward internally at Nimo to fulfill their part of the contract. They have to send someone out to look at the property before it can move forward noting it looks like it will move fairly quickly. There is a second parcel, which is approximately five acres that we are supposed to get from Niagara Mohawk. Niagara Mohawk had hired the surveyor; we had different survey maps. We asked them to get the one that had the metes and bounds for our parcel. They have determined which one is the correct one. They have the description to get from Van Dusen & Steves the exact survey map. When we receive this we will then review it with Marilyn and the Water Department to make sure it is the correct one then we will move forward to get the deed. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 383, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel and land acquisition. th Duly adopted this 26 day of July, 2004, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 384, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 07-26-2004 MTG#32 94 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. th Duly adopted this 26 day of July, 2004, by the following vote: Ayes: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer Noes: None Absent:None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 385, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 26 day of July, 2004, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None No further action taken. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury