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2005-12-05 MTG 54 Regular Town Board Meeting, 12-05-2005, Mtg #54 205 REGULAR TOWN BOARD MEETING Mtg #54 TH DECEMBER 5, 2005 BOH Res. #35-36 7:13 P.M. Res. #563-576 TOWN BOARD MEMBERS SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Ralph VanDusen, Former Water/Wastewater Superintendent Bruce Ostrander, Water Superintendent Mike Shaw, Wastewater Superintendent Lori O’Shaughnessy, Executive Administrative Assistant Marilyn Ryba, Executive Director of Community Development Jennifer Switzer, Budget Officer PRESS: TV-8, Glens Falls Post Star SUPERVISOR STEC called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH SUPERVISOR STEC recognized and presented Mr. Ralph VanDusen with the following proclamation: P R O C L A M A T I O N WHEREASMr.Ralph VanDusen , , Superintendent of the Queensbury Water Department, has demonstrated a high degree of professionalism, technical expertise, and devotion to the Town of Queensbury over the past thirty-three years, and WHEREAS , Mr. Ralph VanDusen has been an integral member of the Water Department for the Town of Queensbury and has served as a strong leader and supervisor of this Department, which is charged with addressing the provision of the Town’s safe and potable water supply, and WHEREAS , Mr. Ralph VanDusen has played a vital role in implementing, directing, and overseeing a number of major Town Water Department projects and the increased production of a safe water supply for the Town of Queensbury and neighboring communities, and WHEREAS , Mr. Ralph VanDusen has served the Town Water Department in the following capacities: Operator Trainee, Chemist, Chief Operator, Deputy Superintendent, and Superintendent, thus attaining expertise in all facets of water treatment and transmission, and WHEREAS, Mr. Ralph VanDusen, after a distinguished and successful career, has retired as the Superintendent of the Queensbury Water Department and he will be greatly missed by all of the members of the Queensbury Town Board, the Water Department staff, and by his friends and colleagues at Town Hall and throughout the Town of Queensbury, and WHEREAS , the Queensbury Town Board is proud of Mr. Ralph VanDusen’s impressive and notable professional accomplishments, Regular Town Board Meeting, 12-05-2005, Mtg #54 206 exemplary professional record, and wishes to formally salute and recognize Mr. VanDusen for providing his valuable knowledge and tireless, unselfish, and remarkable service to the Town of Queensbury, NOW, THEREFORE BE IT PROCLAIMED, Queensbury thatthe Town Board Mr. Ralph VanDusen hereby congratulates and further expresses its sincere appreciation and thanks to Mr. VanDusen for his years of loyal, devoted, and dedicated service to the Town of Queensbury and for doing his part to make the Town of Queensbury a better place to live. th GIVEN under the SEAL of the Town of Queensbury this 5 day of December, 2005. __________________________ __________________________ TIMOTHY BREWER ROGER BOOR __________________________ __________________________ JOHN STROUGH THEODORE TURNER __________________________ DANIEL G. STEC Town Supervisor TOWN BOARD congratulated Mr. VanDusen… MR. RALPH VANDUSEN-I’d like to say how lucky I’ve been to have picked a career and a location to work that have truly loved. It just seems like yesterday that I graduated from college and was lucky enough to get a job doing something that was fun for people that I liked working with and I honestly enjoyed coming to work each and every day. I’m certainly going to miss each of you, miss the Town of Queensbury. I don’t miss sitting in those chairs out there and I think that the Board should sit in the same chairs that are there and I know the meetings would be much, much faster. Thank you very much for the recognition, I really appreciate it. SUPERVISOR STEC-We appreciate everything Ralph, and you built the Water Department into a first rate operation, I think recognized throughout the State for its professionalism and its quality. So, thank you very much for everything…. The reason why we’re a little late getting started this evening, we had a workshop with West Glens Falls EMS at six o’clock that ran slightly over and I think we’ll be considering adding a resolution… TOWN BOARD held discussion regarding whether the Town Board would need to conduct a public hearing regarding the matter with West Glens Falls EMS’ contract and Town Counsel felt that if the contract funds are being increased then the Town Board would have to conduct a public hearing and Town Counsel agreed to prepare a resolution for Town Board to consider later in meeting… RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 563, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Regular Town Board Meeting, 12-05-2005, Mtg #54 207 th Duly adopted this 5 day of December, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RICHARD AND CYNTHIA SMITH BOARD OF HEALTH RESOLUTION NO.: 35, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Richard and Cynthia Smith have applied to the Local Board of Health for variances from Chapter 136 to install a replacement septic system: 1.2.5’ from the west property line instead of the required 10’ setback; 2.1’ from the south property line instead of the required 10’ setback; 3.7.2’ from the basement instead of the required 20’ setback; and 4.99’ from Lake George instead of the required 100’ setback; on property located at 112 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, December 19, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Richard and Cynthia Smith’s sewage disposal variance application concerning property located at 112 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.09-1-10) and at that time all interested persons will be heard, and BE IT FURTHER, Regular Town Board Meeting, 12-05-2005, Mtg #54 208 RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Mr. and Mrs. Smith’s property as required by law. th Duly adopted this 5 day of December, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 36, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. th Duly adopted this 5 day of December, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION HEARING - North Country Imports, Inc.’s Application For Variance/Waiver Request From Sanitary Sewer Connection Requirement Set Forth In Town Code Chapter 136 – Sewers And Sewage Disposal 7:30 P.M. SUPERVISOR STEC-Okay, this is a hearing that we’re going to have, we’ve had several of these over the last few months. North Country Imports is seeking a one year extension to connect and the location 616 Quaker Road, I think everyone knows where North Country Imports is, they’re seeking a one year extension. Our code allows us to grant a one year or up to a two year extension. Basically, there’s no financial advantage for them not to tie in, this is more a construction kind of related convenience. They will still be Regular Town Board Meeting, 12-05-2005, Mtg #54 209 financially on the hook as though they were connected and we’ve covered that before. So, is anyone from North Country? Sir, if you just want to step to the microphone. MR. TOM MCDERMOTT-My name is Tom McDermott, I work at North Country Imports and we’re just trying to get this problem solved. It took them eight months to get our engineering plans done. We got a hold of one contractor, he said he would be there in July to do it, never called us back, never showed up. We got a hold of the second contractor, he gave us a price, it was absolutely outrageous. When I questioned him about it, he got belligerent with me. He said, what do you want to know and I said I want to know how you got to this number. We’re on our third contractor who hopefully will come in with a reasonable price but now he’s saying that we’re getting too far into winter, can’t get the project done. So, talked to Mr. Shaw and he said to try to get a variance. We want to get it done. COUNCILMAN TURNER-Are you going to get it done before winter comes on? COUNCILMAN BOOR-It depends on the contractor. COUNCILMAN TURNER-I know but I mean, he’s still, he’s got a one year extension or else you’ve got to come back. MR. MCDERMOTT-Right, before next winter. SUPERVISOR STEC-Yea, you’ll be done before next winter? MR. MCDERMOTT-Yes. Yes, if I can find somebody to work. SUPERVISOR STEC-Any other discussion? Okay, I’ll entertain a motion. RESOLUTION APPROVING NORTH COUNTRY IMPORTS, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 564, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, North Country Imports, Inc., has applied to the Town Board for a § one-year extension variance/waiver from 136-44 for a of the Town’s connection requirements to connect its property to the Town’s South Queensbury – Queensbury AvenueSewer District, as the existing on-site leachfield is working properly and additional Regular Town Board Meeting, 12-05-2005, Mtg #54 210 time is needed for the applicant to engage the services of a contractor at a more reasonable th price, as more fully set forth in North Country Import’s Inc.’s November 14, 2005 application presented at this meeting, WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to North Country Imports, Inc., and the Town Board conducted a hearing concerning the variance/waiver th request on December 5, 2005, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves North Country Imports, Inc.’s 616 sewer connection variance/waiver application concerning its property located at Quaker Road , Queensbury (Tax Map No.: 303-10-1) for a variance/waiver from § Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and grants th one year extension a of time or until December 5, 2006 in which to connect its property located at 616 Quaker Road to the Town of Queensbury’s South Queensbury – Queensbury Avenue Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of December, 2005 by the following vote: Regular Town Board Meeting, 12-05-2005, Mtg #54 211 AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None CORRESPONDENCE DEPUTY TOWN CLERK BARBER noted that Mr. James Coughlin, Solid Waste Facility Operator has submitted a report regarding Brush received at the Ridge Road Landfill from 9/25/04 thru 08/09/05 – on file in the Town Clerk’s Office. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR Town Counsel is in process of proposing one for Town Board to consider later in meeting… PRIVILEGE OF THE FLOOR – NONE TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH-Just a couple of things. One, this was in the Post Star; nd Tuesday, November 22, region is third in safety ranking. The Queensbury area is the third safest metropolitan area among three hundred and thirty regions in the nation, it’s highest ranking ever in the survey in the last twelve years… This Friday we’re having our tree lighting ceremony; children’s party will take place from six to eight p.m. th December 9 at the Queensbury Town Hall and Activity Center. This year’s party for the kids will feature performances by the Zucchini Brothers at six-thirty and seven-fifteen along with horse drawn wagon rides and a visit from Santa… th SUPERVISOR STEC-Yes, Christmas Party December 9 as John pointed out… Also, the Comprehensive Land Use Plan update that we’ve been talking about, we’re really trying to drum up a lot of public input and involvement… Announced the upcoming meetings regarding the Comprehensive Land Use Plan Update: th December 6, Queensbury High School Large Group Instruction Room at 7 p.m. th December 13, Queensbury High School Large Group Instruction Room at 7 p.m. nd December 22, PORC Meeting, Queensbury Activity Center at 7 p.m. th January 5, Queensbury High School Large Group Instruction Room at 7 p.m. th January 10, Queensbury Activity Center at 7 p.m. Recommended the Queensbury’s website, tons of information provided and thank Glens Falls National and TV-8 for sponsoring and televising the Town Board Meetings. RESOLUTIONS 7:35 P.M. RESOLUTION AWARDING BID FOR SODIUM HYPOCHLORITE, LIGHT SODA ASH AND ALUMINUM SULFATE/LIQUID ALUM FOR USE AT TOWN WATER TREATMENT PLANT RESOLUTION NO.: 565, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION Regular Town Board Meeting, 12-05-2005, Mtg #54 212 SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury duly advertised for bids for Sodium Hypochlorite, Light Soda Ash and Aluminum Sulfate/Liquid Alum in accordance with the Town Water Department Bid Specification No.’s: 2005-07, 2005-08 and 2005-09, and WHEREAS, the Town’s Purchasing Agent and Water Superintendent have reviewed the bids and have recommended that the Town award the bid for each chemical to the lowest bidder in each category who meet all requirements specified in such Bid Specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids referenced in the preambles of this Resolution as follows: Surpass Chemical Co., 1.Bid for Sodium Hypochlorite for the year 2006 to Inc$0.865 ., for the amount of per gallon delivered; Astro 2.Bid for Light Soda Ash for the first six months of the year 2006 to Chemicals, Inc.$298 , for the amount of per dry ton delivered; and Holland Co., Inc., 3.Bid for Aluminum Sulfate/Liquid Alum to for the $256 amount of . per net ton, dry basis delivered; with payment for such chemicals to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of December, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING MUNICIPAL OFFICIALS Regular Town Board Meeting, 12-05-2005, Mtg #54 213 TO ATTEND 2006 ANNUAL ASSOCIATION OF TOWNS CONFERENCE RESOLUTION NO.: 566, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to authorize certain municipal officials to attend the annual New York State Association of Towns Conference to be held thnd in New York City from February 19 through February 22, 2006, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law §116, Subdivision 10 and subject to availability of budgetary appropriations, the Queensbury Town Board hereby authorizes the following Town Officers and employees to attend the annual Association of thnd Towns Conference to be held in New York City from February 19 through February 22, 2006: Town Supervisor Town Board Members Town Highway Superintendent Executive Director of Community Development Director of Building and Codes Enforcement Water Superintendent and Wastewater Director Deputy Water Superintendent or Deputy Wastewater Director Town Assessor Town Justices Town Clerk Town Budget Officer/Accountant Director of Information Technology and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to cast the vote of the Town of Queensbury at the Association General Meeting and in his absence, authorizes and directs the Deputy Supervisor to cast the Town’s vote, and Regular Town Board Meeting, 12-05-2005, Mtg #54 214 BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the Association of Towns Conference shall be deemed proper Town charges. th Duly adopted this 5 day of December, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Town Board held discussion and it was agreed to remove Town Counsel from resolution, the Town provides for Town Counsel every other year… (vote taken) RESOLUTION AUTHORIZING 2006 RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD RESOLUTION NO.: 567, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield, and WHEREAS, the Town Budget Officer, in conjunction with Capital Financial Group, has negotiated renewal contracts for the year 2006 with Empire Blue Cross Blue Shield, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for the year 2006 with Empire Blue Cross Blue Shield with the 2006 monthly premiums to be as follows: MEDICARE MEDICARE MEDICARE INDIVIDUAL FAMILY INDIVIDUAL 2-PERSON FAMILY PPO 437.66 1279.35 402.50 805. 1244.22 EPO 416.73 1218.22 383.27 766.54 1184.75 DENTAL 53.94 53.94 N/A N/A N/A Regular Town Board Meeting, 12-05-2005, Mtg #54 215 and BE IT FURTHER, RESOLVED, that the health insurance cost-sharing formula(s) shall remain the same in 2006 as they were in 2005 - 12% for PPO coverage and 4% for EPO coverage, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of December, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AMENDING 2005 BUDGET TO INCREASE APPROPRIATIONS AND AMEND FUND BALANCE RESOLUTION NO.: 568, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Water Fund and Emergency Services Fund have incurred settlement costs in property tax assessment cases that were not Water and Emergency Services Funds, and WHEREAS, the Water Fund and Emergency Services Fund have sufficient surplus fund balances and have met New York State Comptroller's requirements for the appropriation of fund balances during the fiscal year, and WHEREAS, the Town Board wishes to increase appropriations and appropriated fund balances in these Funds, Regular Town Board Meeting, 12-05-2005, Mtg #54 216 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that the 2005 Budget be amended by increasing appropriations and increase Appropriated Fund Balance in the Water Fund - Account No.: 040-1950-4430 in the amount of $135,717 and in the Emergency Services Fund – Account No.: 005-1950-4430 in the amount of $112,246, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town's Budget Officer to make any necessary adjustments, transfers, or prepare any necessary documentation to effectuate the terms of this Resolution. th Duly adopted this 5 day of December, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SUPPORTING AND CONCURRING WITH WARREN COUNTY’S APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN WARREN COUNTY AS AN EMPIRE ZONE RESOLUTION NO.: 569, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with New York State General Municipal Law §961 and by Warren County’s Local Law No.: 2 of 2001, Warren County authorized its application for designation of certain areas as an Empire Zone within the meaning of such statute and such designation was approved by the New York State Commissioner of Economic Development and such lands were formally designated by the Empire Zones Designation Board, and WHEREAS, the New York State Legislature and the Governor have enacted into law certain changes to the Empire Zones program whereby each existing Empire Zone must configure its existing zone acreage into six “distinct and contiguous” areas, and Regular Town Board Meeting, 12-05-2005, Mtg #54 217 WHEREAS, in accordance with New York State General Municipal Law §957(d)(1), the Town of Queensbury has proposed the redesignation of the existing Warren County Empire Zone into six “distinct and contiguous areas,” which will include the Town of Queensbury, and WHEREAS, such redesignation could greatly benefit the Town in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for Town residents, and WHEREAS, the Town of Queensbury intends to authorize the submission of an application for the redesignation of areas within the Town of Queensbury as an Empire Zone, and WHEREAS, the Town of Queensbury wishes to redesignate certain areas within the Town as part of the proposed Empire Zone, and WHEREAS, the Town of Queensbury wishes to work with Warren County through the Empire Zone Program to provide enhanced job opportunities for its residents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in its capacity as governing body of the Town of Queensbury, does hereby support and concur with the Warren County’s submission of an application for redesignation of certain areas as an Empire Zone, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to the Warren County Economic Development Corporation and the Warren County Board of Supervisors and take any and all actions necessary to effect this Resolution. th Duly adopted this 5 day of December, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None Regular Town Board Meeting, 12-05-2005, Mtg #54 218 ABSENT : None RESOLUTION SCHEDULING PUBLIC HEARING CONCERNING MANNIX MARKETING’S REQUEST TO SHIFT OPERATIONS FROM THE TOWN OF QUEENSBURY TO THE CITY OF GLENS FALLS LOCATED IN THE WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 570, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS,Mannix Marketing is a high-technology, full-service internet marketing company located on Stonehurst Drive within the Town of Queensbury and serving Warren, Washington and Northern Saratoga Counties, and WHEREAS, Mannix Marketing specializes in making websites easy to find on the Internet and its business has grown at least 10% and as much as 50% annually since its inception in 1996, and WHEREAS, growth at Mannix Marketing has been stifled due to the size of office space it currently occupies in its home setting on Stonehurst Drive in the Town of Queensbury and relocation would allow growth and increase visibility, and WHEREAS, Mannix Marketing could not find comparable business space to conducts its business within the Town of Queensbury and therefore has decided to relocate from its Stonehurst Drive site to the City of Glens Falls located in the Warren County Empire Zone, and § WHEREAS, in accordance with New York State General Municipal Law 959 (a)(iii), Mannix Marketing must secure the approval of the Town of Queensbury in order to relocate to the City of Glens Falls located in the Warren County Empire Zone, and WHEREAS, the Town Board wishes to schedule such required public hearing, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on December th 19, 2005 to hear all interested persons concerning the proposal by Mannix Marketing to relocate to the City of Glens Falls located in the Warren County Empire Zone, and Regular Town Board Meeting, 12-05-2005, Mtg #54 219 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing at least ten (10) days before the Hearing as required by law. th Duly adopted this 5 day of December, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None DISCUSSION BEFORE VOTE: Supervisor Stec noted that the business is presently run out of a home and the business will be transferring to the City of Glens Falls. Councilman Boor-Do they own the home? Town Counsel Hafner-May I disclose that the Mannix in this resolution is the daughter- in-law of my partner Jack Mannix and I know they own their home. Councilman Boor-This is the home that is being referred to in the resolution? Town Counsel Hafner-Yes. Councilman Boor-So the business is moving, not the residence. Town Counsel Hafner-Correct… (vote taken) RESOLUTION AUTHORIZING NATIONAL GRID TO PERFORM WORK PERTAINING TO LIGHTING IN CONNECTION WITH THE ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS CAPITAL PROJECT RESOLUTION NO.: 571, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 69,2003, the Queensbury Town Board authorized establishment of the Routes 9 and 254 Traffic Improvements Capital Project (P.I.N. 1753.82), and Regular Town Board Meeting, 12-05-2005, Mtg #54 220 WHEREAS, the Town’s Executive Director of Community Development has advised the Town Board that National Grid has requested authorization to perform certain work on this Project as follows: 1.Temporarily de-energize the highway lighting along NY Route 254 between the eastern Aviation Mall entrance and the Cemetery so that existing overhead lights can be relocated. A note will be added to the plans limiting the contractor to five (5) days to perform these relocations; and 2.Relocate the existing cobra head street light located at the intersection of Quaker Road and River to an existing utility pole approximately 25’ behind the new edge of pavement. The existing pole where the light is currently attached will be removed; and WHEREAS, the Town Board wishes to authorize such work, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes National Grid to perform the following work relating to the Routes 9 and 254 Traffic Improvements Capital Project (P.I.N. 1753.82): 1.Temporarily de-energize the highway lighting along NY Route 254 between the eastern Aviation Mall entrance and the Cemetery so that existing overhead lights can be relocated. A note will be added to the plans limiting the contractor to five (5) days to perform these relocations; and 2.Relocate the existing cobra head street light located at the intersection of Quaker Road and River to an existing utility pole approximately 25’ behind the new edge of pavement. The existing pole where the light is currently attached will be removed; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development to forward a certified copy of this Resolution to the Regular Town Board Meeting, 12-05-2005, Mtg #54 221 appropriate official(s) at National Grid and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of December, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW PROHIBITING PARKING ON SECTION OF SHERMAN AVENUE AND SECTION OF NORTHWAY LANE RESOLUTION NO.: 572, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law which would prohibit parking on: 1)a section of the north and south sides of Sherman Avenue from its intersection with Seward Street, west to its intersection with Arbutus Drive, for a distance of 4,570’±; 2)a section of both sides of Northway Lane from its intersection with Sherman Avenue to a dead end, for a distance of 750’±, and WHEREAS, such legislation is authorized in accordance with Town Law, Vehicle § and Traffic Law 1660(18) and the Municipal Home Rule Law, and WHEREAS, before the Town Board may act on such a Local Law, it must conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, Regular Town Board Meeting, 12-05-2005, Mtg #54 222 th December 19, 2005 to consider the proposed Local Law presented at this meeting, hear all interested persons and take such action required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. th Duly adopted this 5 day of December, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 573, 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: BUILDING AND GROUNDS: FROM: TO: $ AMOUNT: 001-1620-4070-29 001-1620-1470-02 500. (Repair/Maint. Supplies) (Foreman OT) 001-1620-4090 001-1620-1470-02 500. (Professional Development) (Foreman OT) Regular Town Board Meeting, 12-05-2005, Mtg #54 223 PARKS AND RECREATION: FROM: TO: $ AMOUNT: 146-7110-2899 146-7110-4403 8,000. (Capital Construction) (Engineering/Surveying) 001-7020-4090 001-7020-2010 2,000. (Conf. & Reg.) (Office Furniture) th Duly adopted this 5 day of December, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 574, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills st presented as the Abstract with a run date of December 1, 2005 and a pay due date of th December 6, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a stth run date of December 1, 2005 and pay due date of December 6, 2005 numbering 25556300 through 25-568800 and totaling $111,178.17, 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 5 day of December, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Regular Town Board Meeting, 12-05-2005, Mtg #54 224 NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Town Board held discussion regarding the Town considering obtaining a bulk mailings permit. Jennifer Switzer, Budget Officer recommended addressing the Department Managers as to what their positions are concerning this issue… (vote taken) ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR TOWN COUNSEL HAFNER proposed the following resolution: RESOLUTION SETTING PUBLIC HEARING CONCERNING CONTRACT WITH WEST GLENS FALLS EMS RESOLUTION NO.: 575, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and West Glens Falls Emergency Squad Inc., have entered into an agreement for Emergency Services, and WHEREAS, the West Glens Falls Emergency Squad has presented to the Town Board a proposal to construct a new squad building on the west side of Luzerne Road in the Town of Queensbury for a principal amount not to exceed $1.7 million and proposes to finance the construction project by acquiring a mortgage, and WHEREAS, it is important to the Town Board in considering this Resolution that the total cost of the project not exceed $1.7 million, indeed the Town Board hopes that the total cost is less then such amount, and WHEREAS, the West Glens Falls Emergency Squad plans on entering into a financing agreement for an amount not to exceed $1.55 million for twenty years at a rate to be determined, and WHEREAS, the Queensbury Town Board has determined that it’s necessary and in the public interest to approve such construction contract to improve the provision of emergency services to the Town, and Regular Town Board Meeting, 12-05-2005, Mtg #54 225 WHEREAS, the West Glens Falls Emergency Squad has spent certain funds towards the project for soft costs and has not yet closed on either its real estate or its financing, and WHEREAS, the West Glens Falls Emergency Squad has spent certain funds included in this $1.7 seven million project maximum costs and needs these funds to operate until the closings on the real property and on their financing occur, and WHEREAS, such amount shall not exceed $39,000, and WHEREAS, the Town Board wishes to determine whether or not it is in the public interest to have this occur, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby sets a public hearing concerning the proposed amendment of the Town’s Contract with the West Glens Falls Emergency Squad, Inc., to authorize an increase in the Contract amount not to exceed $39,000, provided that such $39,000 is included in the $1.7 million amount and that this amount will be reimbursed when the above closings occur, with such public hearing to be held at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on th Monday, December 19, 2005 and the Town Board shall hear all interested persons and take such action required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by law. th Duly adopted this 5 day of December, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None ATTORNEY MATTERS – NONE EXECUTIVE SESSION – NONE Regular Town Board Meeting, 12-05-2005, Mtg #54 226 RESOLUTION ADJOURNING BOARD MEETING RESOLUTION NO.: 576, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from their Regular Town Board Meeting. th Duly adopted this 5 day of December, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY