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2005-06-20 MTG 28 452 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 TOWN BOARD MEETING MTG. #28 JUNE 20, 2005 RES. 291-316 7:04 p.m. BOH 15-17 TOWN BOARD MEMBERS SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS DEPUTY WATER SUPT. BRUCE OSTRANDER DIRECTOR OF BUILDING AND CODES DAVE HATIN EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT MARILYN RYBA SENIOR PLANNER STU BAKER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR Supervisor Stec-Opened the Meeting RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 291.2005 INTROUDCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 20 day of June, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 1.0 BOARD OF HEALTH 1.1 Public Hearing On Sanitary Sewage Disposal Variances of Jay Cardinale NOTICE SHOWN Supervisor Stec-I will open the public hearing this is located at 10 Crossover Lane up on Assembly Point and all the property owners within five hundred feet of the property have been notified and the applicant is seeking to allow a holding tank in placement of the well ten feet from the property line in lieu of fifteen feet set back and again on Crossover Lane. I will open the public hearing and if the applicant or agents are here and would like to start us off I would welcome that. Mr. MacElroy. Mr. Dennis J. MacElroy P.E.-The Environmental Design Partnership, LLP - I am an engineer representing Jay Cardinale in this variance request, with me Mark DelSignore the 453 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Attorney for the applicant, owner and Mr. Cardinale the owner. This is a small lot roughly seventy by eighty eight, preexisting year round structure that has been in existence for, I do not know the history probably forty, fifty, sixty years. It has been vacant for the past few years Jay has purchased it recently undergoing renovations at that point in working with Dave Hatin’s Office, there was an issue about the septic system the existing septic system for that property and the result of that is coming before you with a request you have an approval for the use of a holding tank. The existing system is non-compliant any effort to build an in ground system in that location would run into a series of variances more involved than the holding tank application. This in consideration of existing regulations and perhaps a need to go the best route we have proposed the approval of the use of the holding tank. In addition there is a request to have the well, there would be a new water supply provided for that lot the existing water supply is a shallow well and in placing that there is a reference in Queensbury’s standards as well as the Department of Health Standards, it is not a written standard it is in a diagram that just indicates fifteen foot minimum from a well to a property line. So, in doing that we felt we should request a variance because in putting it in that northwesterly corner of the lot we would fifteen feet away we would be right up against the foundation of the house. In that regard we are asking for a variance to a ten-foot setback to the property line for what will be a new water supply for that residence. Supervisor Stec-Board Members any quick questions before we get into the public hearing? Dave Hatin do you have much that you would like to add? Do you agree with all of that? Director of Building and Codes Dave Hatin-Yes. Supervisor Stec-Ok. The public hearing is open is there any members of the public that would like to address this issue or ask any questions or make any comments just raise your hand and I will identify you and call you? Anybody? Town Board Members any other questions or concerns? Councilman Boor-One question, would you, obviously you do not have to but would you want or would you consider a larger holding tank? If it is too expensive you do not have too, this is adequate what you are asking for. Is it something that you want to have? Mr. Cardinale-Dennis? Counsel DelSignore-I guess I would defer to the engineer on that in terms of what that size difference is. Councilman Boor-If you do not want to pump it out as often, I mean it is up to you, I do not.. Mr. Cardinale-I have already considered every month just having the truck just come and pump it out and have no issues after that. Councilman Boor-You comply with the number of gallons in bedrooms so it is not an issue for me, I am just sometimes if you can get away with not having to have it come every month it might be easier for you. I do not know if there is a surcharge for the actual trip or if they just do it by the gallon, you know, so. Mr. Cardinale-I have already thought about it and I will just go with the payment every month just like a telephone bill, just leave it at that. Councilman Boor-I do not have any other questions. Councilman Strough-I noticed that it has the appropriate bells and whistles and warnings in its system and is the holding tank above the one hundred foot flood level? Engineer MacElroy-Yes. Supervisor Stec-Any other Town Board Members? Anyone else from the public? Ok. I will close the public hearing and entertain a motion. 454 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR JAY CARDINALE RESOLUTION NO.: 15, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Jay Cardinale filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow a holding tank and another variance to allow placement of a well 10’ from the property line in lieu of the required 15’ setback on property located at 10 Crossover Lane in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance requests on June 20, 2005, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Jay Cardinale for variances from the Sewage Disposal Ordinance to allow a holding tank and for 455 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 placement of the well 10’ from the property line in lieu of the required 15’ setback on property situated at 10 Crossover Lane in the Town of Queensbury bearing Tax Map No.: 226.15-1-41. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 1.2 BOARD OF HEALTH RESOLUTION RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DORIE TUCKER RESOLUTION NO.: 16, 2005 BOH INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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, Dorie Tucker has applied to the Local Board of Health for a variance from Chapter 136 to place a leech field 76’ from her well instead of the required 100’ setback and 1’ from the property line instead of the required 10’ setback on property located at 18 Hall Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold th a public hearing on Monday, July 11, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Dorie Tucker’s sewage disposal variance application concerning property located at 18 Hall Road, Queensbury (Tax Map No.: 289.11-1-44) and at that time all interested persons will be heard, and BE IT FURTHER, 456 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Ms. Tucker’s property as required by law. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 17, 2005 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourns its session and moves back into Regular Session. th Duly adopted this 20 day of June, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 2.0 PUBLIC HEARING 2.1 Public Hearing On Peter Bovee and Darleen Phillips Application For Revocable Permit To Locate Mobile Home Outside Of Mobile Home Court NOTICE SHOWN Supervisor Stec-This property is located at forty six Saunders Road in the Town of Queensbury. The applicant or the owner please step to the microphone sir. Councilman Brewer-I have a technical question before we ever start, if I might. This really isn’t a mobile home? Mr. Bovee-It is a double wide, the frame stays with it. Councilman Brewer-That is my point, is this considered a mobile home because it is a modular? 457 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Supervisor Stec-Marilyn or Dave? Director Hatin-It is still a double wide it is still looked at as a mobile home. Supervisor Stec-It still requires the revocable permit? Director Hatin-Yes. Councilman Brewer-Why though it is not a mobile home? Councilman Boor-Even if it is on a foundation? Director Hatin-It stays on a frame and the frame stays with it so it is considered a mobile home… Supervisor Stec-Marilyn is shaking her head in agreement. I will open the public hearing, Sir, if you could identify yourself for the record. Mr. Peter Bovee-I am Peter Bovee, Supervisor Stec-That makes it very easy. Do you anything that you want to add to, I guess we just answered probably a key question. Councilman Boor-I did have one there was some confusion when we first looked at this at the last meeting is the address 45 or 46? Mr. Bovee-It is 46, we currently live at 45. Supervisor Stec-Alright, so we guessed right because we thought maybe it was a typo, we were not sure. The public hearing is open if there is anyone that would like to comment on this the resolution right now reads, it is multiple choice we would need a motion or a second to either authorize or not authorize. If anyone would like to comment on this public hearing, again for mobile home to be located outside a mobile home court at 46 Saunders Road. Anybody at all? Any other Town Board questions or comments? Councilman Strough-What are you going to do with that white structure that is right next to the..? Mr. Bovee-Relocate it. Councilman Strough-Ok. Are you going to have to put in a new foundation for? Mr. Bovee-A slab. Councilman Strough-Ok. A slab and the rest of that whole foundation is going? Mr. Bovee-Correct. Councilman Strough-I was up there today, it looks fine to me. Mr. Bovee-Thanks. I actually mowed this weekend. Supervisor Stec-Any other questions or comments from the Board or from the public? Hearing none I will close the public hearing and entertain a motion. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR PETER BOVEE AND DARLENE PHILLIPS 458 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 RESOLUTION NO.: 292, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code §113-12, and WHEREAS, Peter Bovee and Darlene Phillips have filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to seek formal Town Board approval to place a new, double-wide, manufactured mobile home on their property located at 46 Sanders Road in the Town of Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on th June 20, 2005 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Peter Bovee and Darlene Phillips in accordance with the terms and provisions of Queensbury Town Code §113-12. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None 2.2 Public Hearing On proposed Revised Capital Improvement Plan Policy NOTICE SHOWN Supervisor Stec-I will open this public hearing and I will do the preamble, our Budget Officer could not be with us tonight she is feeling under the weather and I know that Mr. VanDusen who is the lead spokes person at the workshop that the Town Board conducted last week on this matter is also not here. Basically, I will try to explain it in a nutshell. The Town created the Capital Improvement plan, policy about three or four years or in 2001 four years ago, and it had several, it does require public hearings it had a scoring system and it required basically several unneeded additional public hearings that slowed the process down to getting projects so there is a requirement to have a public hearing, if we adopt this tonight. It stream lines it down to one Town Board public hearing instead of I think at one point it was two or more. 459 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Town Counsel Hafner-Sometimes three. Supervisor Stec-So, that is really the only change to the policy. Again, we had a workshop on it last week. So, I will open the public hearing, if there are any members of the public that would like to comment or question on this now is the time? Not seeing any I will close the public hearing. Is there any further discussion by Town Board Members? Councilman Strough-I have a couple of suggestions. Seeing that we now have an old version and a new version, I would suggest that the new version be dated or have an amended date on it so that we can keep this straight in our records. Supervisor Stec-You mean on that three page there? Councilman Strough-The third page should be maybe in the resolution referred to as Exhibit A or something of that effect just so the public knows that it is the amended plan. Supervisor Stec-Bob, could we make a reference to that as an attachment A or whatever and then perhaps on that also can we also write adopted by resolution whatever it is of 2005. th June 20 2005. Town Counsel Hafner-We certainly can. We will put a date on it and we will refer to it as th Exhibit A. We will put amended date June 20 2005. Supervisor Stec-But, that is also going forward not just this but probably any of these sorts of resolutions going forward, probably dating this stuff would be helpful as well Bob, if you could pass that to Kathy and Mark and certainly Pam obviously. Town Counsel Hafner-I will try to make sure that we do that on the amending things, the first time it is not needed but after that. Supervisor Stec-I think that is a good idea, things like this should have at least a date on them. Councilman Strough-That is a problem, I have bought a four drawer file cabinet when I started this job a year and a half ago, it was a dented Staples, a dented one, I bought it for a good price, now it is full. Supervisor Stec-All right do you have that amendment. I will entertain a motion. Introduced by Councilman Brewer, Seconded by Councilman Strough as amended. Bob,do you want to point out the amendment before we vote? Town Council Hafner-Yes. The amendment is in the first resolve where it says that Resolved, that Queensbury Town Board hereby authorizes and directs adoption of the revised Town of Queensbury Capital Improvement Plan as presented at this meeting, and I will suggest that you add and attached as Exhibit A hereto. On here we will call this Exhibit A and we will also put amended 6-20, 2005. Are you both fine with that? Councilman Brewer-Yes Councilman Strough-Yes. (vote taken) RESOLUTION AUTHORIZING ADOPTION OF REVISED TOWN OF QUEENSBURY CAPITAL IMPROVEMENT PLAN POLICY RESOLUTION NO.: 293, 2005 460 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 233,2001, the Queensbury Town Board adopted a Policy authorizing and establishing the Town of Queensbury’s Capital Improvement Plan (CIP) to serve as a Plan to facilitate meeting the Town’s future capital needs, including public works infrastructure, and WHEREAS, the Town’s CIP Committee proposed certain changes to the Town’s CIP Policy to improve efficiency and effectiveness, and WHEREAS, in accordance with New York State General Municipal Law §99-g, the Town Board duly conducted a public hearing and heard all interested persons concerning th the proposed CIP Policy on June 20, 2005, and WHEREAS, the proposed, revised CIP Policy 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 authorizes and directs adoption of the revised Town of Queensbury Capital Improvement Plan Policy as presented at this meeting and attached hereto as Exhibit A, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to distribute copies of the revised CIP Policy to all Departments and take such other and further action as may be necessary to implement the revised CIP Policy and effectuate the terms of this Resolution in the manner provided by law. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT : None 2.3 Public Hearing Concerning Proposed Increase IN Town-Wide Revaluation Capital Project 461 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 NOTICE SHOWN Supervisor Stec-We set this public hearing two weeks ago, again Jennifer is not here. Back in early 2004 the Town Board created by resolution the capital fund number 143 and seeded it with three hundred thousand dollars. Three hundred thousand dollars was just a little bit more than the contract with the appraisal consultants which was the firm that the City of Glens Falls and the Town of Queensbury both jointly agreed to hire and then since then we knew that there would be additional leasing of space some overtime that is allowed. Basically the Town could either include this in the Capital Plan or could come up with the money from somewhere else, basically this does not change the money that has been spent this money has been spent already it just authorizes us to get the funding out of the capital fund rather than out of a contingency line. The additional monies when you add it up, postage was about twelve thousand dollars the lease of the C&A building for a couple of weeks was a little over three thousand dollars, we are going to claim some of the staff’s overtime for a little over forty two hundred dollars and postage and printing came to just under a thousand dollars so when you total up those extras there was an additional seventeen thousand two fifty. So, this would add seventeen thousand two hundred and fifty dollars to that capital project which again was created last year by the Town Board at three hundred thousand dollars. So, that is the background on that I will open the public hearing again this is because this involves the CIP that is why it requires a public hearing. So, if there any members of the public that would like to comment or ask any questions about this capital project and adding seventeen thousand and two hundred and fifty dollars to it just raise your hand. Ok, seeing none I will close the public hearing, is there any further discussion from Town Board Members? Councilman Boor-I called Jennifer today, and she was not in. The three whereas were general but, when I picked up my mail today I see it was.. Supervisor Stec-We anticipated that there would be questions and what is the breakdown of that seventeen thousand. Councilman Boor-Thanks for doing that. Councilman Strough-My question wasn’t this an inter-municipal project? Supervisor Stec-And they had their own expenses as well separate from us this is just the Queensbury share, that should be pointed out. Any other discussion? Ok. I will entertain a motion and a second. RESOLUTION AUTHORIZING ESTABLISHMENT OF PROPOSED INCREASE IN TOWN-WIDE REVALUATION CAPITAL PROJECT AND PROPOSED INCREASE IN TOWN-WIDE REVALUATION CAPITAL PROJECT FUND #143 RESOLUTION NO.: 294, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board adopted the Town of Queensbury’s (revised) Capital Improvement Plan (CIP), which CIP included the Town’s proposed prioritized short and long-term Capital Projects, and 462 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, by Resolution No.: 46,2004, the Town Board authorized creation of the 2005 Town-wide Revaluation Fund #143 and transferred into such Fund $300,000 from the Capital Improvement Plan, and WHEREAS, the Town Board wishes to withdraw and expend additional moneys from the Capital Improvement Plan Reserve Account in the amount of $17,250 for additional postage, printing expenses and overtime related to the Town-wide Revaluation Project, and WHEREAS, the total for the 2005 Town-wide Revaluation Fund #143 after the additional transfer from CIP fund will be $317,250, WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP and the Town Board th scheduled and duly held a public hearing on June 20, 2005 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the $17,250 increase in the proposed 2005 Town-wide Revaluation Capital Project known as the 2005 Town-wide Revaluation Fund #143, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by funding through the Capital Improvement Plan, and BE IT FURTHER, RESOLVED, that the Town Board hereby increases appropriations and estimated revenues for Capital Project Fund #143 in the amount of $17,250, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: ?? Revenue Account No. 143-0143-5031 – $17,250 463 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 ?? Expense Account No. 143-1355-4400 – $17,250 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2005 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None 2.4 Public Hearing Concerning Proposed Professional Planning Services Capital Project NOTICE SHOWN Supervisor Stec-By way of introduction this is the work from the Planning Ordinance Review Committee there are several members, at least three, I think I saw at least three members present here this evening from the Planning Ordinance Review Committee. They have been working quietly and relatively with not a lot of hoopla for the past seven, eight, nine months. One of the directions that I think they are working in parallel with some other things but certainly one of the major ones that the Town Board is certainly aware of and I believe supportive of, was the idea of bring in a consultant to look at and update the Comprehensive Land Use Plan. The Town has a Comprehensive Land Use Plan which was adopted in 1998 after a couple of years of work and a lot of community involvement. There are several members of the community in attendance tonight as well that I know participated in that creation of that document which is at the hub and corner stone of a lot of the towns ordinances, the planning ordinance or the zoning ordinance etc. It has been referred to a lot the Comprehensive Land Use Plan, six or seven years have gone by now it is appropriate to be looking at an update it is appropriate to be considering creating a capital project to hire staff. I know that the Planning Ordinance Review Committee did do an RFQ and interviewed several potential professional firms to come in. It looks like they are recommending one to us right now which appears as Saratoga Associates, this public hearing again would fund this from the Capital Improvement Plan. They are looking to seed that from that fund with a hundred and thirty thousand dollars to bring that into this capital project. Again, because it involve CIP it requires a public hearing this would allow us to if we pass this tonight go forward and allow them to hire 464 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 somebody to come in and start working with them on the process of updating the Comprehensive Land Use Plan. The rational behind that is once that is complete then from that other things will get looked at like subdivision regulations, zoning regulations, things like a lot of things that have been discussed in the town over the last fifteen, eighteen months. So, that is the background in this. I will open the public hearing if there is any members of the public that would like to comment on the creation of this capital project fund it would be fund number 148 and again to update the Comprehensive Land Use Plan, Zoning Code and Town Subdivision Regulations and out of CIP for a hundred and thirty thousand dollars. So, the public hearing is open, if anyone would like, yes Mr. Hunsinger or Mr. Merrill, either. Mr. Dick Merrill-Yes. I am Dick Merrill, 6 Sunset Trail, North Queensbury. I would like to speak out in support of this proposal. For three years I served as Chairman of the Comprehensive Land Use Committee that prepared the plan that was adopted in 1998. It was a committee that was made up of citizens throughout the community and I would encourage in the update to involve the community as much as possible in doing this update. When we completed it we recognized it was really a work in progress. One of our suggestions was that it be updated every two to three years. So, it is long overdue and I think this action should have been taken you know three or four years ago. So, it is very timely to do it tonight. We did it without any outside consultants but we did rely very heavily upon the professional staff and the Planning Dept. and it was quite a load on them. So, if you added up their time it probably would approach that you are going out for tonight. I do not think that you have the staff available right now it would be quite a strain on them to undertake that. Also, I do not think that you can afford to wait three or four years for a citizens committee to pull this together. So, I think it is very timely it should have been a few years ago and I do wish you the best in it and as I say I think the Saratoga Associates are very familiar with the community they were involved in the update and the zoning ordinance quite well qualified so I think you are in a good position to move ahead. Do you have a time schedule on this, is there time? Supervisor Stec-Well, Stu if you want to address that question if you want to come to the microphone, I was just going to add that is probably a better question for the Planning Ordinance Review Committee right now, although I think I have heard anecdotally somewhere in the twelve month range from when they start. Senior Planning Stu Baker-It is to be a twelve month project from start to finish including both the comp plan update and revising the zoning regulations and the subdivision regulations. Supervisor Stec-So if it is started this summer by next summer it could be finished. Mr. Merrill-I think that is an important point there, there are three elements to this not just the update but the revising of zoning and the subdivision. I think it is a good plan and encourage you to move ahead with it, it is too bad you didn’t do it three years ago. But, good luck with it. 465 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Supervisor Stec-Any other members of the public, Mr. Hunsinger who is on the Planning Ordinance Review Committee you are its new chairman. Mr. Hunsinger-Yes, that is right. Supervisor Stec-As you are a member of the Planning Board. Mr. Hunsinger-Good evening, as the Supervisor said I am Chris Hunsinger and I am currently the Chairman of the Planning Ordinance Review Committee. I just wanted to take the opportunity to give the board some information, maybe a brief update on where we are at and where we see this thing headed. We all know that the Planning Ordinance Review Committee was created because there were some concerns primarily coming out of the Planning Board about some of the development pressures in the community. A lot of that came from the public hearings at the Planning Board meetings, people from the public expressing concerns, development pressures on the school district and some other issues. The resolutions before you tonight we think it is really important for a variety of reasons. It was already mentioned that at the end of the day if this were to move forward we would have three new documents or at least three updates to our existing documents. The Comprehensive Land Use Plan would be updated, the Zoning Ordinance would be addressed and the Subdivision Regulations would also be would updated. It is really quite a bang for your buck. We really do not feel that it is beyond the ability of the existing staff in the committee but it is beyond our capacity particularly to do that within a one year time frame which is what we are looking at. As Mr. Merrill already pointed out the last time the Comprehensive Land Use Plan was updated it took about three years and basically from what I understand there was a full time Senior Planner assigned whose sole work was to update the Comprehensive Land Use Plan. Without that kind of in house capacity we really need to look to the outside sources to pull this together. We think that a one year time frame is very quick for something like this it will be a very open public process. There are several public meetings that will be held, public hearings, there will be several meetings, at least two meetings with the Town Board to update you on where we are. Of course all of the meetings of the Planning Ordinance Review Committee will be open to the public as they currently are and there will be opportunity for public comment during those meetings. I guess I just want to leave you with that thought. We have looked long and hard at the definitions in the Zoning Ordinance we have looked at various pieces in the Comprehensive Land Use Plan it really is a huge effort that is beyond the capacity particularly when we have two boards that are really the Planning Board right now we are meeting three times a month to review all of our cases. The Zoning Board is equally stressed. So, it is an issue of capacity, what we are doing is buying capacity to get the job done quicker. I would be happy to answer any questions about it if there were any? Supervisor Stec-Any questions from Mr. Hunsinger? Councilman Boor-Yes. I do not know if I should ask Stu but I guess one of the things is as far as, have you met with Saratoga Associates. Mr. Hunsinger-We have 466 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Councilman Boor-Did they give an indication of the staff size and would there be a particular person you would go to? Mr. Hunsinger-We reviewed, there were five proposals that were received. We reviewed all five there was a smaller committee that made a recommendation of the top three to the full committee. The full committee interviewed all three consultants and the one selected was the preference of the whole committee. All of the proposals did obtain a staffing matrix if you will, it is not just one staff person or two staff persons but there is a number of staff persons that they would dedicate to the project including an outside attorney that they use to write the zoning code itself. Councilman Boor-I guess that was one of the questions that came up would we want to lower the cost by using our own attorneys and I guess that is something that we would deal with at a later date. Mr. Hunsinger-We had a meeting last week with Saratoga Associates Mr. Strough was at that meeting as well, we asked that very question specifically. Basically the way that they do that is they actually bring an attorney in to act as their staff. So, it is not like we are paying attorney fees twice, they are bring the attorney in as consultant to that part of their proposal their attorney would then draft the regulations and then our attorney would review them. We think that was a pretty good check and balance if you will. So, we felt real comfortable with that. And yet also it did not feel like we were paying an exorbitant fee to have that expertise. Councilman Boor-That is good. The other thing is I like the idea of public involvement and so I would assume that when we do have these meetings they would be like when the public can attend so they are not going to be day time. Mr. Hunsinger-Seeing how most of the committee members have a full time job I imagine they will be evening meetings. Councilman Boor-That sounds good. Mr. Hunsinger-We also had a Saturday workshop last fall I think it was that was very well attended. It may necessitate some Saturday meetings as well we will have to see. Councilman Boor-No, that is fine just so long that they are not like eleven in the morning or something like that. Supervisor Stec-Any other questions? Anything else Chris? Thank you, glad you are feeling better. Mr. Hunsinger-Well, thanks. Supervisor Stec-Anyone else public comment on this public hearing to create this Capital Project Fund. Again, this is all we are doing tonight is creating the fund, this does not hire any specific although apparently one has been selected but that will be a resolution at a later time. 467 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Councilman Boor-You said this is coming out of CIP is it a specific portion of the CIP or where in the CIP? Supervisor Stec-The big CIP. Councilman Boor-The big pot, ok. Supervisor Stec-Any other public comment, Mr. Salvador, who I will add participated in the creation of the 1998 Comprehensive Land Use Plan as a volunteer, thank you. Mr. John Salvador-One of the requirements of a comprehensive plan and this is I have seen it someplace in the literature whether it is in Town Law or some kind of recommendation is the recognition of the requirements of neighboring communities and State and Federal Agencies in the development of our plan. All to often regulatory agencies whether it is a town or the state always leaves it to the applicant to get all other permits necessary. Really no one ever knows if you ever have enough. To this end the August issue of Adirondack Life I do not know if you have seen it but we are in the headlines. Lake George murky future. Now, I have got to tell you I have showed you this before this is the condition of the near shore area Lake George in North Queensbury. (showed picture) This is algae and it isn’t even August. This comes about because we have Town agencies, Town government, State Agencies, doing this, it is the other guy. We have for the second time now a developer in North Queensbury who has obtained permits to dredge a wetland. He has a permit from the Army Core of Engineers and now the DEC and he is on his was to getting the APA permit to dredge a wetland. Whoever heard of such a thing, dredging a wetland. Councilman Strough-Where Mr. Salvador-Pardon me? Councilman Strough-Where? Mr. Salvador-Dunhams Bay. Dunhams Bay estuary. Those permits are granted and our requirements as a town as not recognized. Nobody cares. Our Planning and Zoning Staff doesn’t enter into it, they go, they take the end run and go to these other agencies and make application for a permit. It is not doing us any good. This is the result. We never had this before. Councilman Strough-Did you take that picture, John? Mr. Salvador-I sure did. Councilman Strough-Where? Mr. Salvador-Dunhams Bay, estuary. Yes. The important thing is our plan recognizes the requirements of other agencies. There is no sense an applicant going through and getting all the permits conforming to town requirements and then they don’t match what is required by State Agencies or vice versa and then the circus starts. So, I would recommend that we take particular attention all the way through this, every time we get north of that 468 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 blue line that we understand that there are other agencies that have jurisdiction. This is the Health Department, this is the DEC, the OGS, the Army Core of Engineers, it is the APA and they all have their own requirements. Thank you. Supervisor Stec-Thank you Mr. Salvador. Anyone else like to comment on this public hearing? Any other discussion amongst Board Members? All right I will close the Public Hearing and any other discussion? All right I will entertain a motion. RESOLUTION AUTHORIZING ESTABLISHMENT OF 2005-2006 PROFESSIONAL PLANNING SERVICES PROJECT - CAPITAL PROJECT FUND #148 RESOLUTION NO.: 295, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by adoption of Resolution 426,2004 the Queensbury Town Board created the Planning Ordinance Review Committee (PORC) and appointed its members, and WHEREAS, by such Resolution, the Town Board directed the PORC to review and address inconsistencies and problems known to be at issue in, among other things, the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and th WHEREAS, on May 19, 2005 the PORC adopted a Resolution recommending the hiring of a consulting firm to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, the Town Board has received a request for such 2005-2006 professional planning services project to be included as part of the Capital Improvement Plan (CIP), and WHEREAS, in accordance with the revised CIP, the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and 469 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, the Town Board scheduled and duly held a public hearing on June th 20, 2005 concerning establishment of the 2005 – 2006 Professional Planning Services Project as currently listed on the Town’s approved CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the 2005 – 2006 Professional Planning Services Capital Project, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the 2005 – 2006 Professional Planning Services Capital Project Fund #148 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Capital Reserve Fund #64 in the amount of $130,000 to transfer to 2005 – 2006 Professional Planning Services Capital Project Fund #148, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ?? Revenue Acct No. – 148-0147-5031 (Interfund Revenue) $130,000; and ?? Revenue Acct No. – 148-8020-4720 (Consultant Fees) $130,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2005 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. 470 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None 3.0 CORRESPONDENCE 3.1 Monthly Report Queensbury Transfer Station for May, 2005 3.2 Monthly Report Building Permits for May, 2005 WARREN COUNTY SUPERVISOR’S REPORT Town of Queensbury Warren County Supervisor Michael Barody: Reviewed for the Town Board the following: 1. Tip of the hat to the Warren County work crews and emergency crews and our community and others who reacted so quickly last Monday to the washed out roads cause by the rains in the northern part of the County. Noted there is a lot of work left to be done, we are up to six or seven million on some of the County Roads, will not know the full scope until we start replacing a lot of the soil and road beds… 2. Resolution passed by Warren County to relocate the Council for Prevention of Alcohol and Substance Abuse to Queensbury in the Gurney Lane area, five to seven thousand square foot piece of property which will increase their operational size for job training and workforce development with Warren County. They will tie into our co-generation plant that we built over by West Mount Infirmary, the taxpayers will get some federal dollars out of that by supplying power to this building and by leasing the property to this federal entity. 3. State Winner of This year Tobacco Free Program Poster Contest from St. Mary’s St. Alphonsus School Emily Moses, for two years in a row the winners have come from Warren County. Noted that the program has had an impact on the program, in the lastest survey 85% of our children have never even tried to smoke now, and less than 10% are smoking at least once per month, so much better than the National and State averages. th 4. Airport News; Gliders – fifty of them on August 27 thru ndth September 2. August 19 Dedication of the Air Shark – in front of the Airport Experimental Aircraft Association thst fly in is August 19 through the 21. at the Airport 471 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 5. West Mt./Corinth Road Bike Path update – working with right of ways and easements. Had a start date of September…due to the rain may not start until Spring. 6. Speed limit on West Mt. Road – we wait until the entire road was done with the bike way and then go back to the State on the speed limit… 7. I am representing the County on the Adirondack Business Incubator which is being developed in Glens Falls, recently was elected President of the Incubator Board and also Jennifer Switzer was elected Treasurer, I want to thank the Board for allowing her to participate. We have a three story building on Elm Street that we are looking at, 18,000 square feet, the idea to incubate jobs for the whole area, we are looking at high tech and or medical device in that building. Spoke on Luther Forest, ACC and International Economic Development … 8. Tourism-Americade was successful as was the Elvis weekend-noted he had been working with Tourism shooting new footage for promoting the area…next year the Fire Chief’s will be in the area, a very large group we have to make sure that we are ready for all the groups that come in and have the employees in the area…have had good feed back on the hospitality of the area. looking to extend tourism season..questioned if we are going to build a conference center to extend the tourism season… Councilman Brewer-Noted he understood the rain situation but noted the bike path is 1.2 miles five feet wide, which has been put off for years would like to see it done this year. Supervisor Barody-Supervisor Stec and I are using all our skills to get that accomplished. Councilman Strough-are we getting State and Federal Disaster relief? Supervisor Barody-We are seeking aid and they have toured the site this week. 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0 PRIVILEGE OF THE FLOOR (LIMIT 5 MINS) Mr. Pliney Tucker-41 Division Road – Requested minutes of the Library Discussion from the last meeting… questioned bonding for the library expansion… Supervisor Stec-Reviewed the process regarding bonding noting that all three municipalities will be meeting on Wednesday June 22, 2005 at 7:00 P.M. Evergreen Bank, Quaker Road with Crandall Library. 472 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Mr. Tucker-Res. 7.13 What was settled with Niagara Mohawk? Supervisor Stec-You are referring to the litigation regarding assessment going back to 1994/95 it went to court, they did not issue a decision it gave the town and Niagara Mohawk one last opportunity to settle, we believe we have agreed to terms and at tonights School Board Meeting they are also considering passing their own resolution accepting the same terms as the town. Niagara Mohawk had asked for assessments to be reduced as low as eighteen million on their property from approximate the low to mid thirties. The settlement that we have reached the full value at thirty two million seven hundred and fifty thousand dollars for 2005 and that locks it in for six years. That will entitle Niagara Mohawk to a rebate and the total rebate of two million dollars split between the Town-County and School District over ten years to tax formulas the approximate for school one million three hundred and eighty seven thousand the County be approximately three hundred and thirty nine thousand, and the Town including special districts would be approximately two hundred and seventy four thousand dollars. Mr. Tucker-The case with Niagara Mohawk over underground utilities is still in the works? Supervisor Stec-yes. Mr. Tucker-Property from Niagara Mohawk? Town Counsel Hafner-Noted he had spoken to them, their Attorney has to arrange for internal approvals, he envisions that it will go forward… Mr. Peter Brothers-Ward I Acting President of the Queensbury Property Owners For Tax Equity spoke on recent Reval. We found the properties in North Queensbury when the revaluation was done were either at a 100% or over in a case or two however other properties throughout Queensbury were way under assessed under the 100% and some were as low as 60%. We request that those sales that did occur that were under assessed be brought up to full value and if they cannot be we would request a consideration for the re valuation be voided because of that discrepancy that occurred. In regard to the re-assessment there are a number of water front communities on Long Island, where they are only at one percent equalization and I am sure there is a large difference between the water front properties and the property in that town off the water, I am mentioning that as a town that has not gone through a re-val in at least thirty five years they are getting a lot of state aid. I am concerned that we are going to be getting less state aid. Re: giving money back to the taxpayers supported the effort… Supervisor Stec-We will be examining that next month. Mrs. Bonnie Lapham-New York State Certified Residential Real Estate Appraiser- Noted what she thought was flawed in the re-valuation process- problem with mathematical formula that says all lake front property is equal…errors in collecting data, error in reporting some sales, inflated market values after 9-11…The Board of Assessment Review should take into account the unique property specific issues brought to their attention by individual lake front owners as part of the grievance process as legitimate 473 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 grounds for the reduction the assessed valuation of lake front properties and consideration should be given to reappraising all the lake front property utilizing a methodology that is not so seriously flawed and takes into consideration of each lake front property. Noted she felt Helen Otte and her staff was wonderful..most of the problems came from too little time to do a good job and the need to hire consultants from outside the area that are not familiar with the Town and variety of properties here.. other problems arise from State drop dead dates that are all so close that the tax payers do not have enough time to get their information together. Mr. Gene Cassella-Ward I volunteer worker in 2005 given an award for being the top volunteer of the year in the Retired and Senior Volunteer Program…served over six hundred volunteer hours…we are giving to the community we would like to get something back, as much consideration as you people can give us…the re-assessment has me very concerned all of us that make a volunteer contribution to this community are subject to possibly having to move, I do not want to move..I am speaking for my brother and sister volunteers. The reassessment was flawed at best as far as I was concerned. Mr. John Salvador-RE: Re-val-there is no question that every foot of shore line is not the same as every other foot of shore line, one size does not fit all…the problem stems from zoning, we do not have a category of recreation zoning and many of the high priced properties are strictly recreation uses, people will pay more for a recreation use property…if you had recognition that a use was limited to a recreation use, a seasonal dwelling separate that from a person who is living here year round making a living you would have a more equitable assessment. The property classification codes have to be looked at. Re: Library – Proposed funding plan for capital expansion that would involve private as well as public funding…do you know how much we will be obligated for? Supervisor Stec-Noted that the meeting is Wednesday..noted no final numbers as of this date… Councilman Boor-We will not vote on it unless we do. Mr. Salvador-I would not want to be faced with approving a project of lets grab a number of ten million with their promise that they are going to have four million in funding and we will only be responsible for six… Councilman Brewer-We will have to know a number what we are going to approve, I would agree with you.. Supervisor Stec-I would agree it would have to work in a different way. Mr. Salvador-There was talk about a Dormitory Authority being the vehicle through which the bonds are floated, I think we successfully debated that issue and that was not a proper vehicle to use…this would be the trash plant all over again. I want to make sure the Dormitory Authority is not going to be the vehicle, the bonds should go through the three local governments. 474 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Mr. Dick Merrill-6 Sunset Trail North Queensbury Re: Library Member of the Crandall Library Public Board and also the Southern Adirondack Library System Board – the question of bonding will be discussed Wednesday at 7:00 P.M. the public is invited … At this time the Dormitory Authority is not in consideration and we are coming to the individual towns and the City to discuss bonding. We do not know what the cost is for the renovation that is still an open question, it will be revealed to the public when we have firm figures. We are engaged in fund raising to reduce the amount of bonding that will have to go to the public. Supervisor Stec-Noted that the number should be available in mid July. 6.0 TOWN BOARD DISCUSSIONS Councilman Boor- 1. Lake Sunnyside did get the sonar treatment, thanks in part to our donation as a community…there is already an improvement in the lake. 2. Request – the attachments are not going through on the Computer please check on this… 3. We are going to be giving to the Great Escape $65,000 or like kind services for the improvements of Glen Lake Intersection with Route 9, it might be a good time to do at the same time a request for that property that they have all but said we could have if we wanted it, I believe that they have no use for it they cannot build on it… Supervisor Stec-They have all but conveyed title, they have told us they would transfer title. Councilman Boor-Would you talk to the necessary party that would be great… Supervisor Stec-Noted that the IT Dept. switched over to a new server and we have a new e-mail system at the town, one of the issue was the attachments not going through, will contact the IT Dept. about that… Councilman Turner-Lynn Avenue-So. Queensbury we need to address the issue… Supervisor Stec-There is a portion of the road that has not been conveyed. Town Counsel Hafner-I have been working with Mr. Turner on this, apparently Lynn Avenue is longer than our town road and it appears that the end of it was never conveyed, it needs to go farther…For us to maintain and extend the road we need to own it or have an easement .. Step one to have the road surveyed so we have a description and will show ownership…or we may have to do title work and get deeds…noted there is a house being built at the end of the road no CO issued, and across the street property for sale when she went to sell it found it was not on a town road. Councilman Boor-Are there hydrants in there. Councilman Turner-We have one hydrant that ends three hundred and twenty five feet from Phillips in we need a survey. 475 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Supervisor Stec-We need to pursue this. Town Counsel Hafner-We have a consensus of the Board to go ahead with the survey. Councilman Brewer-Nothing at this time. Councilman Strough- 1. Announced Governor Pataki’s Community Preservation Act-offer a funding mechanism to communities that want to develop a preservation and open space initiative. The Community must develop a mandatory planning component called a land conservation plan. Sr. Planner Stu Baker and Community Development Director Marilyn Ryba and I agree that Queensbury is ahead of the game in this with our Open Space Vision Plan and our Comprehensive Land Use Plan, should we want to go in this direction and develop a land conservation plan we are already set for that. 2. Fire Dept. ISO ratings –The ISO itself many aspects of it are getting antiquated so many it is time to sit down with the fire companies and ask them for feed back and send something to the ISO people and make they aware that we are aware that they are not keeping up to date. 3. Memo on Drinking water problem… Deputy Water Superintendent Bruce Ostrander-Updated the Town Board on the quality of the Town drinking water…unfortunate event that was linked to what happened in northern Warren County earlier in the week…River water deteriorated to a level where it was difficult to treat the water..spoke on the raw water levels and how they affect the water quality…worst quality in the last thirty years was raw water color or 101 units and turbidity of about 9 or 10 units…by Friday morning the raw water 475 color units and over 50 turbidity units…we were unable to keep up with the changes…spoke on the testing that was being done on the water which takes about an hour to complete by the time we would finish doing the tests and a strategy to treat the water it had gone to levels we had never treated before, by that time the test were not accurate because the raw water quality had gotten worse…Ralph VanDusen the Superintendent was in communication with the Health Dept…the event lasted about eighteen hours…with in hours offered we issued the public health advisory the treatment facility came back to within the limits that the Health Dept. set. Friday and Saturday we took bacterial and turbidity levels through out the distribution system in Queensbury and by Saturday afternoon all the levels had come back to acceptable limits. The Health Dept. has reviewed all our test and issued that the public health advisory could be lifted at three thirty this afternoon. Councilman Strough-4. Rush Pond Trail – Thanked George our GIS expert th to develop the map of the landowners… 5. June 13 Post Star article on effort to preserve the Native American Fountain in Battle Ground Park – Warren County Historial Society is acting as the funding agent for that, if you have donation send them to Warren County Historical Society, please mark you checks that it is going to the Native American Fountain and send to 71 Lawrence Street, Glens Falls, N.Y. 12801…$13,000 to repair the statue… 6. W.G.F. EMS Building-how is that coming? Supervisor Stec-We have had a meeting with the consultants, it looks like they are on track for a July Planning Board Meeting for site plan, and they 476 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 are working on the issues with the Connector Road…and we are in agreement on the time line. Town Council Hafner-Noted some of the time line is not under our control..the EMS Squad Architect is preparing plans and bring the application before the Planning Board…also the Town Board will be working with QEDC on this project… Executive Director Ryba-Noted she placed in the Councilmen’s mail box a copy of the preliminary plan that the architect put together along with Barton Loguidice park and ride plan…if you have comments let us know right away. Councilman Strough-Would like to see a hard copy time line on that project…7. Ltr. Shane Newell-Wireless Telecommunications specialist in Warrensburg- like to place cell tower on top of or general area of the landfill…the town could receive annual funds for allowing it to be located there…we should investigate this… Councilman Brewer-What about the proposed tower just north of that? Sr. Planner Stu Baker-It was a proposed tower that was to house antennas from Cingular Wireless, Shane Newell was the agent for that application, he has not withdrawn the application from planning board review he is not moving forward. Essentially it is an incomplete application, environmental review information was needed… At this point he wants to discuss with the Town Board the option on the landfill property and if that were to move forward the Planning Board would ask either the applicant to withdraw the application or the application for the Route 9L and 149 site or denied without prejudice. Councilman Brewer-Would we be responsible for the environmental review? Sr. Planner Baker-No that would rest with the applicant. Councilman Boor-Would that be a lease? Town Counsel Hafner-Yes. Councilman Boor-Do we want to encourage that as a Board? Councilman Strough-If it would bring in a pretty good income … Councilman Brewer-Do you know what we make off the ones that we have? Councilman Boor-About fifteen thousand a year. It depends on how many providers use it. Supervisor Stec-We received correspondence on this last week, would like to schedule this as an agenda items on a workshop. 477 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Councilman Strough-8. Watershed-Bike Trail have proposed language here; the proposed path location is merely conceptual at this time, geographic constrains and landowner desires may necessitate some location changes and that the landowner will be notified of any and all changes that may impact their property and only with their approval will we progress forward with this path proposal. We are seeking permission to survey the proposed location of the pedestrian bicycle path on the Rush Pond area this summer. If anyone from the public wants a copy of the conceptual review of the Rush Pond Pedestrian Bicycle Path is going to look like and why it would be a good thing for our community you can e-mail me at strough@capital.net and I will send you the electronic version of that. 9. In the town we have done nineteen million dollars worth of business. 10. Brownfield area Grant-for Ciba Geigy…need to apply for grant…this will help us to market this area 11. Thanked Stu for attending the Lakes to Locks Meeting…it looks like we will receive funding in some way for the kiosk, in six different locations in the town the Town Historian and I have been working on that will identify the historic and importance of our town and our heritage to our nations history. 12. New York Regulators say Verizon can upgrade their net work. to supply cable TV to households….suggested that a letter be sent that our town is interested in the upgrade…we are interested in their proposal… Supervisor Stec-1. Thanked G.F. Nat’l Bank and TV8 for sponsoring these meetings…our town’s web site is www.queensbury.net second to none in the area… 2. Spoke on the damage in Bolton from the last storm and the Northway washout, the Town of Queensbury contacted Warren County Tuesday morning, the Highway Dept. Supt. Rick Missita offered our help, sending up eight highway trucks up there to assist, noted there were other truck from other municipalities, there was a great community effort put forth immediately, also three of our five fire companies assisted, Bay Ridge, North Queensbury Fire and West Glens Falls fire had people and apparatus up there…the Water Dept. assisted with potable water for the area…all towns pitched in a great deal …. 3. Noted that our water advisory has been lifted…4. There will be a workshop next Monday night, we will be th considering an audit of bills because of the July 4 holiday, another agenda item will be State DEC Grant monies for milfoil work it appears that the Park Commission will administer the permitting and over site, the Fund for Lake George will be seeking the grant and they are going to be looking to cooperate through the Town Board to tackle approximately a one acre size area in Dunham’s Bay for milfoil it is preliminary at this stage. 5. Third Party Billing-Waiting for provider numbers for the Medicare, private billing is starting to pickup, the town to date has picked up fifty eight thousand dollars 6. The Library meeting will be at Evergreen Bank on Quaker Road Wednesday evening at 7:00 P.M. the Town of Queensbury, Town of Moreau and City of Glens Falls to discuss library project and bonding 7. Thursday night this week there will be 9 and 254 information meeting at the Queensbury Activity Center at 7:00 P.M. Executive Director Reba-As the result of previous meetings residents voiced concern about a left turn lane going into Carlton Avenue and as a result of that we were able to speak with DOT and convince them it was part of this project and that will be done as well. Supervisor Stec-that is all I have called for Resolutions… 478 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 7.0 RESOLUTIONS RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY EDWARD MURRAY RESOLUTION NO. 296, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a structure on property owned by Edward Murray located at 17 Luzerne Road in the Town of Queensbury (Tax Map No.: 309.10-1-96) and found that one wall has collapsed, the roof is leaking severely causing the ceiling materials to cave in, a large amount of water damage has occurred within the building and the building is generally in disrepair, unusable and unsafe, and WHEREAS, the Director advised Mr. Murray to take appropriate measures to remove the structure from the property as more specifically set forth in the Director’s May rd 23, 2005 letter presented at this meeting, and WHEREAS, the Town’s Health Officer has advised the Town by letter dated June th 6, 2005 that there is a significant amount of mold and mildew in the building and therefore in his opinion the property is also a public health hazard, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to remove the structure, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be demolished and removed, NOW, THEREFORE, BE IT 479 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the structure owned by Edward Murray and located at 17 Luzerne Road in the Town of Queensbury (Tax Map No.: 309.10-1-96) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning such dangerous th and unsafe structure on Monday, July 11, 2005 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner Discussion held before vote: Director Hatin-We have tried to make contact with the owner Town Counsel has tried to contact him and has had no response, we have sent registered letters they have received them be no correspondence or calls..…Councilman Strough-Is that next to Podnorski? Director Hatin-Yes…Town Counsel-noted that he lives in Chester, suggested that correspondence be sent to that address…we should look at the actual th deed…Supervisor Stec-Our Health Officer did send us a letter on June 6 stating that he felt it was a public health hazard due to a significant amount of mold and mildew in the building. Town Clerk Darleen Dougher asked for short recess… RECESS Supervisor Stec-Reconvene meeting. RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY ALAN PERKINS RESOLUTION NO. 297, 2005 480 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a structure on property owned by Alan Perkins located at 52 Howard Street in the Town of Queensbury (Tax Map No.: 301.20-1-32.2) and found that the building is generally in disrepair, unusable and unsafe, and WHEREAS, the Director has advised the Town Board that he has been unable to contact Mr. Perkins and a Town Court action has been initiated, and WHEREAS, the Town’s Health Officer has advised the Town by letter dated June th 7, 2005 that there is a significant amount of mold and mildew in the building and therefore in his opinion the property is also a public health hazard, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to remove the structure, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the structure owned by Alan Perkins and located at 52 Howard Street in the Town of Queensbury (Tax Map No.: 301.20-1-32.2) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning such dangerous th and unsafe structure on Monday, July 11, 2005 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, 481 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner Discussion held before vote: Director Hatin-This has been a long court proceeding that we have been trying to go through and Mr. Perkins has failed to show up in Court and we have had no contact with him, from what I understand the Judge has issued a bench warrant for his non appearance in Court, the mobile home that he lived has been pretty well trashed..we have not been able to get in, we had the Health Officer go over to see what he could find out and he did say it is a health hazard and should be removed or repaired. I believe removal is probably going to be the ultimate end here. We will place a notice on the mobile home … RESOLUTION AUTHORIZING HIRING OF CATHERINE STROUGH TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. :298, 2005 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Catherine Strough to work part-time for the Department as a seasonal Youth Program Assistant, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Catherine Strough is the daughter of Town Councilman John Strough, 482 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Catherine Strough to work for the Town’s Department of Parks and Recreation as th a part-time Youth Program Assistant effective June 20, 2005 to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner ABSTAIN: Mr. Strough Discussion held before vote: Supervisor Stec-The Town requires that if we hire family members of other town employees that we disclose the familial relationship in a formal matter by passing a resolution. Councilman Strough-noted that she has worked for the town three years prior, a year and a half before I got here. RESOLUTION AUTHORIZING HIRING OF THOMAS MC NALLY TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 299, 2005 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. John Strough WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Thomas McNally to work part-time for the Department as a seasonal Recreation Leader, and 483 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Thomas McNally is the son of Town Justice Robert McNally, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Thomas McNally to work for the Town’s Department of Parks and Recreation as a th part-time, seasonal Recreation Leader effective June 20, 2005, to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Stec. Mr. Boor, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING HIRING OF FREDERICKA RAMSEY TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 300, 2005 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Fredericka Ramsey to work part-time for the Department as a seasonal Park Maintenance employee responsible to plant and maintain the flowerbeds and other floral garden display areas at all Town Parks, and 484 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Fredericka Ramsey is the mother-in-law of Parks and Recreation Department Senior Typist Simone Ramsey, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Fredericka Ramsey to work for the Town’s Department of Parks and Recreation as th a part-time, seasonal Park Maintenance employee effective May 24, 2005, to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING HIRING OF MICHAEL CARR TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 301,2005 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. Roger Boor WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Michael Carr to work part-time for the Department as a seasonal Recreation Specialist (Lifeguard and Swim Lesson Instructor, Manager), and 485 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Michael Carr is the son of Town Aquatic Supervisor Elise Carr, and WHEREAS, Michael Carr worked for the Town for two years as a seasonal Recreation Specialist prior to Elise Carr being hired full-time by the Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Michael Carr to work for the Town’s Department of Parks and Recreation as a th part-time, seasonal Recreation Specialist effective June 12, 2005, to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING HIRING OF C. WESLEY CARR TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 302, 2005 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire C. Wesley Carr to work part-time for the Department as a Lifeguard, and 486 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and C. Wesley Carr is the son of Town Aquatic Supervisor Elise Carr, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of C. Wesley Carr to work for the Town’s Department of Parks and Recreation as a nd part-time Lifeguard effective June 22, 2005 to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5070 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 303,2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 5070, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and 487 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty two thousand twenty dollars ($22,020), and WHEREAS, the owner is eligible to receive up to $5,000 in a deferred loan through the Town Housing Rehabilitation Program by separate loan Resolution, and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 5070 in the Town of Queensbury, New York in the amount not to exceed twenty thousand dollars ($20,000) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT : Mr. Turner RESOLUTION APPROVING HOUSING REHABILITATION LOAN IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 304,2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer 488 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS, a single family property, Case File #5070, has been determined to be eligible for a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such a loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty two thousand twenty dollars ($22,020), and , WHEREAS the property has been approved for a grant for twenty thousand dollars ($20,000) through the Housing Rehabilitation Program, and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving this deferred loan, and WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby approves a rehabilitation loan for Case File #5070 in an amount not to exceed two thousand twenty dollars ($2,020) and hereby authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Turner 489 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 RESOLUTION AUTHORIZING THREE (3) FIREWORKS DISPLAYS AT GREAT ESCAPE THEME PARK RESOLUTION NO.: 305, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Time Warner, Inc., has requested permission to conduct three (3) fireworks displays as follows: SPONSOR : Time Warner, Inc. PLACE : Great Escape Theme Park ndrd DATES : Saturday, July 2, 2005 (Raindate: Sunday, July 3) thst Saturday, July 30, 2005 (Raindate: Sunday, July 31) thth Saturday, August 13, 2005 (Raindate: Sunday, August 14) TIME: 9:30 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law 405, to issue fireworks § permits to Alonzo Fireworks Display, Inc., on behalf of Time Warner, Inc., subject to the following conditions: 1. Alonzo Fireworks, Inc., obtaining its valid fireworks license from New York State prior to the fireworks displays; 2. Alonzo Fireworks, Inc., filing application(s) for permit(s) which set forth: A. The name of the body sponsoring the displays and the names of the persons actually to be in charge of the firing of the displays. B. The date and time of day at which the displays are to be held. C. The exact location planned for the displays. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 490 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the displays. G. A diagram of the grounds on which the displays are to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 3. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 4. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Company, Inc., 5. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law §405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind 491 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 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 20 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner RESOLUTION RE-APPOINTING JAMES UNDERWOOD AS MEMBER OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 306, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town’s Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, James Underwood’s term on the Zoning Board of Appeals recently expired and he has expressed his wish for reappointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints James Underwood to serve as a member of the Queensbury Zoning Board of Appeals until his term expires on December 31, 2012. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None 492 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 ABSENT: Mr. Turner RESOLUTION AUTHORIZING PROMOTION OF SUSAN SHEEHAN FROM WATER PLANT OPERATOR I TO WATER PLANT OPERATOR II AT TOWN WATER TREATMENT PLANT RESOLUTION NO. 307, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Deputy Water Superintendent has recommended that the Town Board authorize the promotion of Susan Sheehan from Water Plant Operator I to Water Plant Operator II at the Town’s Water Treatment Plant, and WHEREAS, the Deputy Water Superintendent has advised that Ms. Sheehan has passed the departmental test for the position and has the required job experience, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Susan Sheehan from Water Plant Operator I to Water Plant Operator II at the th Town Water Treatment Plant effective June 20, 2005 at the rate of pay specified in the Town’s CSEA Union Agreement for the position for the year 2005, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent, Deputy Water Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None 493 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 ABSENT: Mr. Turner RESOLUTION AUTHORIZING CONTINUED EMPLOYMENT OF TEMPORARY EMPLOYEE IN COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 308, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 118, 2005, the Town Board authorized the hiring of a temporary employee to work in the Community Development Department through May nd 2, 2005, and WHEREAS, by Resolution No.: 200, 2005, the Town Board authorized the th continuation of the employment of such temporary employee through June 10, 2005, and WHEREAS, due to the heavy workload in the Community Development Department, the Town’s Executive Director of Community Development has requested authorization for the temporary employee to continue working in the Department through th June 27, 2005, and WHEREAS, the Town Board has considered the Executive Director’s request and agrees that such request is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Executive Director of Community Development to continue the employment of the temporary employee hired through Heber Associates to work in the Community Development th Department through June 27, 2005, and BE IT FURTHER, RESOLVED, that payment for such temporary employment services shall be paid by the Town of Queensbury directly to Heber Associates from Account No.: 001-8020- 4155 ($2,000) and Account No.: 001-3620-4155 ($2,000), and BE IT FURTHER, 494 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY NIAGARA MOHAWK POWER CORPORATION AND ITS SUCCESSORS RESOLUTION NO.: 309, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Niagara Mohawk Power Corporation and its successors (collectively, Petitioners) previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning the Sherman Island power generating facilities for tax years 1994/95 through 2004/05 (Old Tax Map No. 148-1-2.1 for tax years 1994/95 through 2001/02 and New Tax Map No. 315-1-9.6 for tax years 2002/03 through 2004/05) and WHEREAS, the cases for the 1994/95 through 2001/02 tax years have been taken through trial, but no Judgment has yet been issued by the Court, and WHEREAS, the Town Assessor and the Town Board have reviewed the cases and the proposed settlement of themwith Town Counsel, and WHEREAS, the Assessor and the Town Board have concluded that under the circumstances it would be in the Town’s best interest to settle all pending cases on the terms negotiated rather than be subject to a Judgment by the Court, and 495 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, counsel for the Queensbury Union Free School District has advised that they will recommend that the School Board approve the proposed settlement and such approval is anticipated, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Niagara Mohawk Power Corporation and its successors for tax years 1994/95 through 2004/05 concerning the Sherman Island generating facilities (Old Tax Map No. 148-1-2.1 for tax years 1994/95 through 2001/02 and New Tax Map No. 315-1-9.6 for tax years 2002/03 through 2004/05) (the Property), as follows: 1. The Town shall pay as a refund to Petitioners the Town’s proportional share of the sum of Two Million Dollars ($2,000,000.). The Town’s share of the Two Million Dollar refund payment shall be in the same proportion that the Town’s overall tax rate (including any Town tax rate as well as the tax rates appearing on the tax bills for the Property for fire protection, EMS, library, water and any other services) bears to the combined rate for Town, County and School taxes on the Property for the tax years at issue; and 2. If necessary to make the refund provided for in Paragraph 1, above, the assessed values of the Property for the years at issue shall be revised to an amount or amounts which will produce a tax refund totaling Two Million Dollars ($2,000,000), combined, from the Town, County and School District. 3. The Town shall not initiate any condemnation proceedings with respect to the Property or other parcels identified in Paragraph 5, below, from the date of this Resolution through 2010. The Town shall not enter into any inter-municipal agreement with the Town of Moreau to condemn the Property, nor shall the Town assign, transfer or delegate any of its condemnation rights for the Property to any other entity or person during the same period. If the Town breaches this provision, Petitioners may revive the litigation and seek refunds up to petitioned amounts. The Town alone would be responsible to pay any refunds awarded by the Court in excess of the Two Million Dollar combined refund provided for in Paragraph 1, above. 4. The full-value of the Property shall be fixed at Thirty-Two Million Seven Hundred Fifty Thousand Dollars ($32,750,000) for assessment years 2005 through 2010 (six years). Full value shall be subject to adjustment by the equalization rate, to a maximum of 100%, in computing the assessment for each year from 2005 through 2010. 496 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 5. The full-value of seven other parcels belonging to Petitioners (the Additional Parcels) shall be fixed for assessment years 2005 through 2010 (six years) at the following values: Tax Map Nos. Full Value 309.18-1-48 $ 85,700 316.6-1-10 183,400 316.6-1-9 79,600 315-1-9.3 55,200 315-1-19 40,300 314-1-5 36,400 309.19-1-17 293,300 The above values shall be subject to adjustment by the equalization rate, to a maximum of 100%, in computing the assessment for each year from 2005 through 2010. 6. The tax assessments on the Property and Additional Parcels for 2005 through 2010 may be changed only as allowed under the Real Property Tax Law and shall not be increased over the full values set forth in Paragraphs 4 and 5, above, even if the Town conducts a Town-wide revaluation or update of its assessment roll which would otherwise be effective for those assessment years; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest upon the filing of a Stipulation of Settlement and Order signed by all parties and the Supreme Court Judge presiding over these cases, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. RESOLVED, this resolution is contingent upon the Queensbury Board of Education approval. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Turner 497 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Discussion held before vote: Councilman Strough-What if the Queensbury Board of Ed didn’t support this we are assuming they did should we make our vote contingent upon their approval? Town Counsel Hafner-We can add a resolved that it is contingent upon their approval. Agreed to by Mr. Brewer and Mr. Strough RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 310, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2005 Town Budget as follows: ASSESSOR FROM: TO: $ AMOUNT: 001-1355-2010 001-1355-4140 500. (Office Equipment) (Mileage Reimbursement) ROUTE 9 SEWER FROM: TO: $ AMOUNT: 135-1990-4417 135-8150-4426 25,000. (So. Qby. Swr. Contingency) (Sewer Buy-In) th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner 498 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 311, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thst presented as the Abstract with a run date of June 16, 2005 and a pay date of June 21, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thst run date of June 16, 2005 and pay date of June 21, 2005 numbering 25-259500 through 25-286900 and totaling $624,563.17, 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 20 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH FUNDS RESOLUTION NO.: 312, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 499 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, by Resolution No. 91,2005 the Queensbury Town Board authorized submission of an application to the New York State Affordable Housing Corporation (AHC), and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of $151,200 from the New York State Affordable Housing Corporation, such funds to be used for housing rehabilitation, and WHEREAS, the Town Board wishes to authorize acceptance of such grant funds and establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $151,200 in grant funds to be received from the New York State Affordable Housing Corporation (AHC) and authorizes and directs the Town Supervisor and/or Executive Director of Community Development to execute a Grant Agreement with the New York State Affordable Housing Corporation (AHC), such Grant Agreement to be in form acceptable to the Town Supervisor, Executive Director of Community Development and Town Counsel, and any other associated documentation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $151,200 for grant funds received by the Town through the New York State Affordable Housing Corporation (AHC), such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town Supervisor, Executive Director of Community Development and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None 500 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 ABSENT : Mr. Turner Discussion held before vote: Supervisor Stec-This grant that we are accepting is for a hundred and fifty one thousand two hundred dollars from the New York State Affordable Housing Corporation. Councilman Brewer-Now the Town has tallied up to nine hundred and fifty one thousand two hundred dollars in three grants and hopefully we are going to have another grant this year. Supervisor Stec-It is almost a million dollars worth of affordable housing grants in the last four to five years. This is a lot of work for Marilyn’s Department but it has done a lot of good mostly in the West Glens Falls area. Executive Director Ryba-I would like to mention that this money is also available in South Queensbury Area. RESOLUTION RESCHEDULING TOWN BOARD REGULAR MEETINGS IN JULY RESOLUTION NO.: 313, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer th WHEREAS, due to the Independence Day holiday on Monday, July 4, the Town Board wishes to change its regular Town Board meeting schedule for July, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a change in the July 2005 Regular Town Board Meeting Schedule, so that the regular Town Board meetings thth in July shall be on Monday, July 11 and Monday, July 25. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING SUBMISSION OF GRANT APPLICATION IN CONNECTION WITH “LAKE GEORGE – PLAN FOR THE FUTURE” RESOLUTION NO.: 314, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 501 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 WHEREAS, the environmental health and overall quality of life in the Lake George Watershed Area is critical to the social and economic well-being of the Town of Queensbury, Warren County and the region in general, and WHEREAS, the protection, preservation and proper management of water quality within the Basin is an essential ingredient to maintaining this important natural resource as a key to the social and economic vitality of this region, and WHEREAS, the Town of Queensbury has been an active participant in developing the critically important water quality management plan, and WHEREAS, the adopted document, entitled, “Lake George – Plan for the Future” was developed by municipalities in the Lake George Basin, including the Town of Queensbury, and it identifies numerous recommendations and actions as being critical to pursuing the objectives of preserving, protecting, and enhancing the water quality throughout the Basin, and WHEREAS, New York State has recently solicited (competitive) applications for Financial Assistance Grants from municipalities around New York State, and WHEREAS, an application for funding has been prepared in response to such solicitation for applications, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Town of Queensbury, acting on behalf of and in concert with all the several communities that make up the Lake George Watershed, hereby authorizes submission of a Grant Application dated June 30, 2005 for funding in response to New York State’s solicitation for grant applications and agrees to serve as custodian for grant funds, if awarded, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to execute any documentation relating to such Grant Application and to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2005, by the following vote: 502 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 AYES : Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES : None ABSENT : Mr. Turner Discussion held before vote: Supervisor Stec-this is a standard grant that floats around from municipality to municipality in the Lake George Basin and basically next year would be the Town’s turn to apply…The Lake George Watershed Council does the lions share of the work on securing and administering this grant. 7.0 Action Of Resolutions Previously Introduced From The Floor None Attorney Matters 8.0 Town Counsel Hafner-1. RE: Haying of Town Property – Ideal Dairy, Mr. Dickinson will hay the property-$150.00 per year he will pay the Town for haying, he will have to show insurance coverage before it is hayed. RESOLUTION HIRING MR. DICKINSON TO HAY PROPERTY RESOLUTION NO. 315.2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury authorizes Mr. Dickinson to pay the town One hundred and Fifty Dollars for the year 2005 to hay the property next to the High Department that we recently required provided that he provides proof of Insurance to the satisfaction of the Budget Officer with said proof of insurance indemnifying the Town. th Duly adopted this 20 day of June, 2005 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner Discussion held:Councilman Boor-Is it like automotive insurance where if the insurance lapses we are notified? Town Counsel Hafner-Usually there a notification condition, I will talk to Jennifer about that. Town Counsel Hafner-RE: Library Meeting on Wednesday- Regarding bonds- before you can pass a Bond resolution you have to have your plan of financing, it will cost X, we are going to get this much from this account this 503 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 much is the maximum we are going to bond…when you pass that, this is how much you are authorizing you cannot go over that amount without coming back and doing the same thing again. … reviewed the history regarding the library-there is legislation that authorize the establishment of the library district, it encompasses three municipalities, the way the statue or the legislation forming the district was set up each of the three municipalities would pass a bond resolution for its share. That is the way the statue provided it. At the last time this came to be discussed it is state legislation, the state can change the rules, they have changed the law that would allow the State Dormitory Authority to finance these types of things, the Town Board would have had to put for referendum allowing it and then it would not be each of the three municipalities each having to pass it but one would have the veto but it would change it so if they financed it in that way it would be the majority of all three, like it was one combined, that did not go forward at that time. I do not know if they have changed that State Law but I do not understand that is what they are proposing this time, that is what Mr. Merrill said that what they are proposing and what they have talked to me over the phone is that they expect to suggest that each municipality issue their own bonds which is consistent with the authorizing legislation which was a matter of some discussion and pros and cons the last time this came up. I wanted to give you some frame work going into Wednesday’s meeting. Councilman Strough-Requested that Lori or Bob draft a letter to Verizon suggesting that we are interested in investigating their franchise proposal for cable TV. Supervisor Stec-Asked that Town Counsel draft that letter. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 316.2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 20 day of June, 2005 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner Respectfully submitted, 504 REGULAR TOWN BOARD MEETING 06-20-2005 MTG. 28 Miss Darleen M. Dougher Town Clerk-Queensbury