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2007-03-19 MTG10 REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 270 TOWN BOARD MEETING MTG #10 MARCH 19, 2007 RES. 134-150 7:05PM BOH 1 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS FISCAL MANAGER, BARBARA TIERNEY EXEC. DIRECTOR OF COMMUNITY DEVELOPMENT, BLANCHE ALTER DIRECTOR OF PARKS AND RECREATIONS, STEVE LOVERING WASTEWATER DIRECTOR, MIKE SHAW SUPERINTENDENT OF WATER DEPARTMENT, BRUCE OSTRANDER PRESS TV8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC SUPERVISOR STEC- OPENED MEETING 1.0RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 134, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED , that the Town Board of the Town of Queensbury hereby enters into the Queensbury Board of Health. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF CHARLES M. WEBSTER RESOLUTION NO.: PULLED INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer DISCUSSION HELD: nd Supervisor Stec- This would be for Monday, April 2, our next Regular Town Board Meeting at 7pm in this room. What he is seeking for, the property is on Chestnut Ridge REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 271 Road, is to install a leach field 45 feet from wet lands instead of the required 100 foot set back. So that will be a variance hearing again for two weeks from tonight on Monday, nd April 2. Any discussion? COUNCILMAN BOOR- Yeah, I do. Is the applicant here? Anybody representing the applicant? Okay, it’s important; hopefully we will get a memo to them. I spoke with our engineer, Dan, today having reviewed the map. There are some things that haven’t been done. There are no perk tests. If it is new construction and perk rates aren’t such it would have to be 200 feet the variance as opposed to 100. The drawing that their Engineer submitted is in complete opposition to what our, Dan Ryan, recommended and drew. Dan’s actually had them 100 feet away with a leach field, which I would be much more comfortable with. I believe the reason why the applicant drew it the other way is because under our Engineers design it appears that the effluent would have to be pumped up to the leach field which would be a little more expensive but I spoke with Dan in great lengths today and it would be imperative that those engineers, both Charlie Maine who designated the wetlands and Nace Engineering meet with our Engineer because of those is that the type of system is not what our Engineer would recommend either. So, rather than them come in with what they have here and us say sorry, I think it is imperative that they talk to our Engineer. COUNCILMAN SANFORD- So you are suggesting that we don’t go forward with setting this because they need to do additional revisions. COUNCILMAN BOOR- Right. COUNCILMAN SANFORD- I kind of agree with that. I reviewed it too and that’s what I came up with. SUPERVISOR STEC- Alright, yeah we can do that. COUNCILMAN BOOR- My only thing is, I don’t know if they can do a perk test in the amount of time where we would be scheduling this. COUNCILMAN SANFORD- We need the perk test. COUNCILMAN BOOR- We got to have the perk test. SUPERVISOR STEC- Well than how about this, why don’t we agree to pull this if you guys want to remove your motion? We will just pull it and Blanche I’ll ask you to coordinate with Dan Ryan and get word back to the applicant that there are issues they need to resolve before we put this back on the agenda. EXEC. DIRECTOR OF COMMUNITY DEVELOPMENT, BLANCHE ALTER- I’ll speak to them tomorrow. SUPERVISOR STEC- Okay, super. Who moved this, John and Tim? Are you guys fine with just removing and we will pull it. COUNCILMAN BREWER- Yes. COUNCILMAN STROUGH- Yes. SUPERVISOR STEC- Okay, no problem. COUNCILMAN BREWER- So we will re-address this at another time? SUPERVISOR STEC- Yeah, so that question is resolved and we are comfortable and confident with it. COUNCILMAN BOOR- Thanks. SUPERVISOR STEC- No problem. Resolution to adjourn the Board of Health. REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 272 RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 1, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 19 day of March, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0 PUBLIC HEARING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 9- JOHN W. DREPS BAY ROAD SUBDIVISION PUBLICATION DATE: MARCH 9, 2007 OPEN SUPERVISOR STEC- I will open this public hearing. I guess Mr. Dreps’ applicant, or the applicant’s agent is here. I will ask him to come up here. This is for a five or six lot commercial subdivision off of Bay Road. There are five commercial lots, 6.37 acre parcel on the east side of Bay Road. Mr. Nace if you would like to add to that. TOM NACE- This is just a sewer district for those five commercial lots, no other connections. The sewers have been constructed or are in place. There will be no cost to any of the homeowners quote unquote or the owners of the lots since the developer has paid all of the installation expense. So it would be just normal operating expenses once the sewer district is formed and any development of this lot occurs. SUPERVISOR STEC- Okay. Any questions for Mr. Nace. Mike Shaw do you have anything you need to add. WASTEWATER DIRECTOR, MIKE SHAW- No. SUPERVISOR STEC- Okay. The public hearing is open. If there is any members of the public that would like to comment or ask any questions regarding this public hearing for this sewer district extension No. 9 off of Bay Road just raise your hand, I will call on you one at a time. I didn’t think so. Any other comments from Town Board Members? We do have two resolutions once we close the public hearing. One for SEQRA, and I will ask Blanche to walk the Board through the SEQRA. The other one will be for the actual approval for the sewer district. Any Questions for Mr. Nace? Alright, anybody at all? I will close the public hearing. PUBLIC HEARING CLOSED SHORT ENVIRONMENTAL ASSESSMENT FORM PART II IMPACT ASSESSMENT PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 273 A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE NO FULL EAF. B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED NO AGENCY. ANY C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF NO LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. Potential for erosion, NO drainage or flooding problems? Explain briefly. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural NO resources or community or neighborhood character? Explain briefly. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or NO threatened or endangered species? Explain briefly. C4. A community’s existing plans or goals as officially adopted, or a change in NO use or intensity of use of land, or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by NO the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? NO Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy? NO Explain briefly. D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY NO E.IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN NO BRIEFLY. RESOLUTION ADOPTING SEQRA DETERMINATION OF NON- SIGNIFICANCE REGARDING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 9 – JOHN W. DREPS BAY ROAD SUBDIVISION RESOLUTION NO.: 135, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 274 WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer District Extension No. 9, and WHEREAS, the Town Board is duly qualified to act as lead agency and accepts lead agency status for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Short Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Short Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 275 RESOLUTION APPROVING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 9 – JOHN W. DREPS BAY ROAD SUBDIVISION RESOLUTION NO. 136, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District (hereinafter the “District”) to be known as Central Queensbury Quaker Road Sewer District Extension No. 9, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., Consulting Engineer, an engineer licensed by the State of New York, regarding the proposed sewer district extension to serve the John W. Dreps Bay Road Subdivision containing five (5) commercial lots located on an approximately 6.37 acre parcel of land on the east side of Bay Road (tax map parcels: #296.16-1-16.11, #296.16-1-16.14, 296.16-1- 16.15, 296.16-1-16.16 and 296.16-1-16.17) as more specifically set forth and described in the Map, Plan and Report (hereinafter the “Sewer District Extension”), and WHEREAS, the Town Board accepted such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and such Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and th WHEREAS, on February 26, 2007 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the fact that all costs of the improvements will be paid for by the Developer and not the Town of Queensbury; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended, and REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 276 WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly th held on Monday, March 19, 2007 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article 12A and consolidate the Sewer District Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law §206-a, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1.Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2.An application for permission of the Office of the State Comptroller to extend the District is not necessary, given that all costs associated with the extension of the District and construction of the facilities therein shall be borne by the Developer; 3.All property and property owners within the Sewer District Extension are benefited; 4.All property and property owners benefited are included within the limits of the Sewer District Extension; 5.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension No. 9 to the existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 277 with the Queensbury Town Clerk; 6.In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Central Queensbury Quaker Road Sewer District Extension No.: 9 in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly side of Bay Street at the northwest corner of the lands conveyed to Stewarts Ice Cream Company, Inc.; running thence along said Bay Road, North 05 degrees, 11 minutes and 12 seconds East, a distance of 161.63 feet; continuing along Bay Road, North 05 degrees, 05 minutes and 41 seconds East, a distance of 362.4 feet to the southwest corner of lands of Bay Meadows Golf Club Inc.; thence running along said lands southeasterly along a curve to the left having a radius of 25.00 feet a distance of 39.27 feet; thence running South 84 degrees, 54 minutes and 19 seconds East, along the southerly bounds thereof, a distance of 238.97 feet; thence running along a curve to the left having a radius of 25.00 feet, a distance of 37.95 feet; thence running along a curve to right having a radius of 70.00 feet, a distance of 219.59 feet; thence continuing along said lands of Bay Meadows Golf Club Inc., South 83 degrees, 47 minutes and 10 seconds East, a distance of 152.09 feet to an angle point therein for a corner; thence continuing along said lands of Bay Meadows Golf Club Inc., South 06 degrees, 12 minutes and 50 seconds West, a distance of 440.20 feet to the northeast corner of lands now or formerly of JBJ Queensbury, LLC; thence running along said lands, North 81 degrees, 26 minutes and 40 seconds West, a distance of 287.70 feet to the northwest corner thereof; thence running along said the westerly line thereof, South 05 degrees, 53 minutes and 33 seconds West, a distance of 93.91 feet to the northeast corner of said lands of Stewarts Ice Cream Company, Inc.; thence running along the northerly bounds thereof, North 84 degrees, 06 minutes and 27 seconds West, a distance of 284.03 feet to the point and place of beginning, containing 6.37 acres of lands to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 278 SUBJECT also to an easement of ingress and egress over the southwesterly corner of said property as described in an easement granted by Roger W. Brassel to Stewarts Ice Cream Company, Inc. recorded in book 1115 of deeds at page 24. and BE IT FURTHER, RESOLVED, that construction of the improvements may proceed and service provided subject to the following; 1.The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 2.Permissive referendum in the manner provided in New York State Town Law Article 7; and 3.The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None 3.0 CORRESPONDENCE NONE 4.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0PRIVILEGE OF THE FLOOR PAUL ABESS- ? (Submitted letter to be kept on file in the Town Clerk’s Office) Read a letter from the Ethics Board notifying the Town Board of the immediate resignation of REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 279 Gordon Ostrander. Richard Merrill, Thomas Haley, and Kathleen Irion are requesting not to be reappointed, and that Mr. Abess himself will resign when his term expires and a new Ethics Board is in place. BERNARD RAHILL- ? Questioned whether Supervisor Stec performed marriages. ? Spoke regarding the Kirsten Gillibrand’s appearance at the Hyde Collection on Saturday, March 10, 2007 speaking on health care issues. PLINEY TUCKER- ? Questioned the Board regarding whether or not a firm was ever hired to take a look at charges from Niagara Mohawk. Supervisor Stec will look into that and get back to him. ? Questioned the process for reporting street lights that are out? Supervisor Stec told him to call his office with a pole number and the street location and he will call it in. He submitted a petition to form a library in the Town of Queensbury. On this day of March 19, 2007, we the undersigned taxpayers of the Town of Queensbury, Warren County, NY 12804, petition the Town Board to establish a Tax Free Public Library, within 90 days of the filing of this petition with the Town Board. Surplus Funds of said Town shall be used to establish and operate said Public Library. (Thirty-eight signatures on file in the Town Clerk’s Office) GEORGE DRELLOS- ? Questioned the Board on when the project on Corinth Road will begin? Supervisor Stec said that it has been in planning for nine years. Utility construction could possibly start by the end of this year. ? Commended the Highway Department for a job well done during this last job. 6.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- ? Congratulated the Glens Falls Basketball Team COUNCILMAN STROUGH- ? Also congratulated the Glens Falls Basketball Team on a job well done. He attended the games at the Civic Center, which was packed with supporters from all over the area. ? Congratulations to the Queensbury High student who performed the “Music Man.” They did a great job. ? Spoke of the editorial in the Post Star on March 7, 2007 on ethics. COUNCILMAN SANFORD- ? The Glens Falls Basketball players did a great job. ? Spoke regarding an e-mail he received from Mr. Rahill whether or not there is anything the Town could do on Round Pond. This was looked at in the 80’s and nothing ever happened. At Mr. Rahill’s suggestion he put a call into the current owner of the property. That individual did not return his call. He will follow-up to try and find out what the current status of the property is. ? Placed a call to the Attorney’s regarding moving forward with setting the public hearing for North Queensbury. COUNCILMAN BOOR- REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 280 ? Agrees with Councilman Sanford that it would be worth looking into whether or not the Town could acquire the property near Round Pond. ? Also went to the Glens Falls Basketball Tournament. It was a great game and they did a great job. ? Queensbury Hockey players did a great job as well. SUPERVISOR DANIEL STEC- ? Thanks to Glens Falls National Bank and TV8 for sponsoring our televised Town Board Meetings. ? The Towns website www.queensbury.net- there is a lot of information is available there. ? Also attended the play the “Music Man” put on by the Queensbury High Students. Everyone did a great job! ? Also gave his congratulations to the Glens Falls Basketball players. ? The Queensbury Little League recently made a presentation to the Common Council of Glens Falls, looking for space. They have the need for additional fields because they are up to approximately 900 ball players now. He was approached by them looking for guidance with the Glens Falls Watershed property in mind. He directed them to talk to the Recreation Commission, the Glens Falls Water and Sewer Board, and the Common Council. The City is willing to work with the Little League on this. Sometime in the near future they will be coming to the Town to gauge interest and support. ? As Mr. Rahill pointed out last Saturday afternoon at the Hyde Kirsten Gillibrand had a public meeting to discuss health care. Before that meeting she met with 15 out of 20 members of the Warren County Board of Supervisors. They had a round table discussion regarding issues of concerns to supervisors. Some of the things that he mentioned surrounded our need for funding as they look to move forward with the septic management district. th ? On March 12, along with Bill McGarr (coordinator for Veteran’s in Warren County) and the Supervisor from Hadley, Jeff Trottier attended a meeting with the Congress woman and her staff to talk about Veteran’s issues. 7.0RESOLUTIONS RESOLUTION APPOINTING JENNIFER BAERTSCHI TO THE POSITION OF RECREATION PROGRAM ASSISTANT IN TOWN RECREATION DEPARTMENT RESOLUTION NO. 137, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury Recreation Commission and Director of Parks and Recreation (Director) recommend appointment of a full-time Recreation Program Assistant in the Parks and Recreation Department, and WHEREAS, the Recreation Commission and Director posted availability for the vacant, full-time position in accordance with the Warren County Civil Service Department, reviewed resumes and interviewed interested candidates, and REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 281 WHEREAS, the Recreation Commission Personnel Committee and Director have made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby endorses the appointment of Jennifer Baertschi as Recreation Program Assistant, an overtime exempt and Grade 5 position within the Town of Queensbury’s Non-Union Position Grade Schedule, effective th March 20, 2007 or the date thereafter that she commences in such position, on a provisional basis subject to her successful completion of: 1) a pre-employment physical required by Town Policy; 2) a six month probation period; 3) a Warren County Civil Service Exam, if applicable; and 4) any other Civil Service requirements, and BE IT FURTHER, RESOLVED, that Ms. Baertschi shall be paid an annual salary of $27,602, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of March, 2007 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION APPOINTING COURTNEY SMITH TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO. 138, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 282 WHEREAS, a vacancy exists on the Recreation Commission, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Courtney Smith to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Courtney Smith to st the Town of Queensbury Recreation Commission, such term to expire on December 31, 2013. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF FRANK RICCIO AS FULL-TIME LABORER FOR SOLID WASTE DEPARTMENT RESOLUTION NO. 139, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Town of Queensbury’s Landfill Equipment Operator has advised the Town Board that there is a vacant, full-time Laborer position in the Solid Waste Department, and WHEREAS, the Landfill Equipment Operator posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended the hiring of Frank Riccio, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Landfill Equipment Operator to hire Frank Riccio as a full-time Laborer effective March th 20, 2007 contingent upon Mr. Riccio passing a pre-employment physical as required by Town Policy and subject to an eight (8) month probationary period, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 283 RESOLVED, that the Town Board further authorizes and directs that Mr. Riccio be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Landfill Equipment Operator and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of March, 2007 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JEREMY WARD AND DANIEL DWYER AS TEMPORARY, PART-TIME LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 140, 2007 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Jeremy Ward and Daniel Dwyer as temporary Laborers to work for 10 weeks this summer under the direct supervision of the Town’s Cemetery Superintendent, such employment proposed to commence in May, 2007, 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 Jeremy Ward is the nephew of Eugene Ward, a Heavy Equipment Operator in the Town Highway Department, and Dan Dwyer is the nephew of Michael Lopez, a Working Foreman at the Pine View Cemetery, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Jeremy Ward and Daniel Dwyer as temporary Laborers to work 10 weeks this summer under the direct supervision of the Town Cemetery Superintendent, and REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 284 BE IT FURTHER, RESOLVED, that these temporary employees shall be paid at the hourly rate set forth in the Town’s Agreement with the Civil Service Employees Association and payment shall be paid from the Laborer, Part-Time Account No.: 002-8810-1410, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION SETTING HEARING ON KEITH CRIST’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING “A 2000” PROPERTY LOCATED AT 1025 STATE ROUTE 9 RESOLUTION NO.: 141, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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, Keith Crist has submitted his first application to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect the “A 2000” property located at 1025 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that in the fall of 2007 there will be excavation at the site for construction of a fifth and final storage building and therefore, there will be equipment on site at that time for construction of the storage building and for connection to the Sewer District, and the existing on-site sewage disposal system REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 285 consists of a working septic tank, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, nd April 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Keith Crist’s sewer connection variance/waiver application concerning the “A 2000” property located at 1025 State Route 9, Queensbury (Tax Map No.: 296.13-1-24), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR VARIABLE FREQUENCY DRIVES AND ACCESSORIES FOR TOWN WATER DEPARTMENT’S LOW LIFT PUMPS RESOLUTION NO.: 142, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 617.2006, the Queensbury Town Board authorized engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services related to the replacement of three Low Lift Pump variable frequency drives at the Town’s Water Department, including the development of specifications, and WHEREAS, Barton has presented the Town’s Civil Engineer with bid documents and specifications to advertise for bids for the furnishing and installation of the three (3), six pulse variable frequency drives and accessories necessary to operate the three (3) 125 horse power low lift pumps, along with a contingency built in to the specifications to cover any REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 286 additional line filter that may be required to keep any electrical variations within specified guidelines, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent and/or Barton & Loguidice, P.C. to publish an advertisement for bids for the furnishing and installation of the three (3), six pulse variable frequency drives and accessories as delineated in the preambles of this Resolution, for the Town’s Water Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT ON CORNER OF VANDUSEN ROAD AND LINETTE LANE RESOLUTION NO.: 143, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to arrange for placement of a street light on National Grid Power Corporation Pole #9 at the corner of VanDusen Road and Linette Lane in the Town of Queensbury, and REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 287 WHEREAS, such light would be located outside the boundaries of any Town of Queensbury Lighting District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves installation of a 100 watt high pressure sodium lamp on National Grid Power Corporation Pole #9 at the corner of VanDusen Road and Linette Lane in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that annual charges for such lighting shall be paid for from the appropriate General Fund Account as will be determined by the Town Fiscal Manager as such street light is not located within a Town of Queensbury Lighting District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to make all necessary installation arrangements with National Grid Power Corporation and the Town Supervisor and/or Town Fiscal Manager to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF REGENT CONSULTANTS CORP. FOR CONSULTING SERVICES RELATING TO NON-OCCUPATIONAL DISABILITY INSURANCE RESOLUTION NO.: 144, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, by Resolution No.: 349,2006, the Queensbury Town Board authorized engagement of the services of Regent Consultants Corp., to thoroughly evaluate the Town REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 288 of Queensbury's insurance needs and prepare a Request for Proposals (RFP) to send to insurance agents/brokers interested in providing insurance coverage to the Town, and WHEREAS, the Town Board wishes to again authorize engagement of Regent Consultants Corp., to perform the necessary consulting services relating to issuance of a non-occupational disability insurance RFP for a fee of $750 plus travel expenses in an amount up to $250 per personal meeting with the Town Board and/or designated individuals, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of Regent Consultants Corp., to prepare a Request for Proposals (RFP) to send to insurance agents/brokers interested in providing non-occupational disability insurance coverage to the Town, for a fee of $750, plus travel expenses in an amount up to $250 per personal meeting with the Town Board and/or designated individuals, and BE IT FURTHER, RESOLVED, that the costs of such services shall be paid for from Account No.: 001-1315-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed agreement or documentation and the Town Supervisor and/or Town Fiscal Manager to take any other action needed to effectuate the terms of this Resolution. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough NOES: Mr. Stec, Mr. Brewer ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY DONNA ROSEN RESOLUTION NO. INTRODUCED BY: Mr. John Strough, REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 289 PULLED WHO MOVED ITS ADOPTION SECONDEDBY: Mr. Roger Boor DISCUSSION HELD: SUPERVISOR STEC- For tax year 2005 and apparently this has been endorsed by the Lake George Central School District who is also the involved party here. The property is 165 Pilot Knob Road. The current assessment was $538,000 and the revised assessment if we approve this tonight will be $465,000. COUNCILMAN BOOR- And this is just for the 2005 tax year? SUPERVISOR STEC- Correct COUNCILMAN STROUGH- In a letter that we got from our Attorneys, it refers to the property on 167 Pilot Knob Road, which I looked up on our land locator on our website and another person owns that property. SUPERVISOR STEC- We just said 165. The Resolution says 165. So that might explain that…. COUNCILMAN STROUGH- Furthermore, I did end up finding this individuals house. COUNCILMAN BOOR- Wait a minute, did you find the right house though? COUNCILMAN STROUGH- Yes I did, it’s listed under this owner. It wasn’t easy to find. Here the Attorney says if the property owner were to rebuild the higher assessment would be justified. Well, if you go to our website and look at the house it looks like they’re rebuilding, huh. COUNCILMAN BREWER- I kind of think so. SUPERVISOR STEC- Do you guys want to—why don’t we pull this. COUNCILMAN BOOR- Why don’t we pull it, let’s pull it. SUPERVISOR STEC- Who moved it, the motion and second COUNCILMAN STROUGH- I moved it. COUNCILMAN BOOR- I’ll pull the second. SUPERVISOR STEC- Alright, those that moved and seconded are withdrawing their motion. COUNCILMAN BOOR- Yeah. SUPERVISOR STEC- So we’ll just pull it if there is no objection. Yeah, that looks like it’s a work in progress. Okay so we will go ahead and pull number 9. COUNCILMAN SANFORD- Wait a second, one thing that does come in mind they are talking for the year 2005 and this is 2007. COUNCILMAN BOOR- But the question, but it gets more complicated because it’s not the same owner. I’m not sure if you can legally challenge your assessment if you don’t own the property anymore. COUNCILMAN SANFORD- Well, back then they owned it obviously. SUPERVISOR STEC- There is several questions. I’ll run them down with Helen. REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 290 COUNCILMAN BOOR- I mean, I don’t think you have standing. SUPERVISOR STEC- Right. COUNCILMAN BOOR- And the statute of limitations would be over on that I think maybe. SUPERVISOR STEC- Okay, so we will pull number 9, lets move on to number 10. RESOLUTION APPROVING NEW FEE SCHEDULE FOR SERVICES PROVIDED AT PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO.: 145, 2007 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Cemetery Commission and Cemetery Superintendent have informed the Town Board that the New York State Department of State has advised the Town (by letter dated February 12, 2007 presented at this meeting) that the State Legislature recently enacted Chapter 579 of the Laws of 2006 for the regulation of New York State crematories and such law addresses the disposition of cremated remains, operation of crematories, certification requirements and cremation authorizations, and WHEREAS, in accordance with such new law, the Division of Cemeteries will inspect all New York State crematories and to help defray the cost of such State inspections, each cemetery will be required to pay the statutory fee for each cremation, and WHEREAS, the Department of State will assess cemeteries and crematories the sum of three dollars per interment and cremation in excess of fifteen interments or cremations for the preceding calendar year, and WHEREAS, in order to offset these new State fees, the Cemetery Commission has recommended revisions to fees presently being charged by the Town of Queensbury Pine View Cemetery and Crematorium, and WHEREAS, the Cemetery Commission has requested Town Board approval for such fee revisions as set forth in the Commission’s Memorandum to the Town Board, with th proposed new fee schedule, dated March 7, 2007 and presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 291 RESOLVED, that the Queensbury Town Board hereby approves the new fee schedule for services provided at the Pine View Cemetery and Crematorium as presented at this meeting and as follows: Pine View Cemetery and Crematory Outside Cemetery Openings Lots: Per grave any multiple $550 Weekday $580** Urn Garden Lots, any multiple $275 Saturday $780** Grave Opening: Sundays and Holidays: Weekday $555** Saturday $705** Closed on Sundays. $805** Small Child (Vault) Weekday $230** Holidays only if feasible and at the Discretion of the Superintendent of Cemeteries Small Child (Vault) Saturday $285** Infant Weekday $140** Infant Saturday $200** Cremation Interment: Weekday $185** Saturday $305** Cremation: Adult $330 Children 13 mo. – 12 yrs $180 Stillborn thru 12 mo. $130 Overtime Cremations $150 Extra Mausoleum Interment: Weekday $205** Saturday $255** Disinterment: Mon. – Fri. $550** Saturday $700** Miscellaneous: Vault Rental $125 Mailers $ 30 Cardboards $ 30 Refrigeration Rental Per Day $ 30 (Extended Storage) Funerals after 3 pm $125 Extra Call-ins $150 Extra REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 292 stst **WINTER BURIAL PERIOD is December 1 through March 31 if conditions allow. There is an additional charge of $125 during this period and BE IT FURTHER, st RESOLVED, that the new fees shall take effect as of April 1, 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Cemetery Superintendent and/or Town Fiscal Manager to establish procedures and policies necessary to collect, manage and distribute the funds required to be sent to the Department of State as referenced in the preambles of this Resolution and take any and all action necessary to effectuate the new fee schedule. th Duly adopted this 19 day of March, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 146, 2007 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Fiscal Manager, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2007 Town Budget as follows: FROM: TO: $ AMOUNT: 002-9030-8030 002-8810-4230 1,500. (Social Sec.) (Water) REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 293 th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF MARCH 19, 2007 RESOLUTION NO.: 147, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of March 15, 2007 and a payment date of March th 20, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of March 15, 2007 and payment date of March 20, 2007 totaling $1,379,231.40, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of March, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 148, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 03-19-2007 MTG #10 294 SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss the employment history of an individual. th Duly adopted this 19 day March, 2007 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None NO ACTION TAKEN RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 149, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. th Duly adopted this 19 day of March, 2007 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION No. 150, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED IT 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 19 day of March, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully Submitted, Darleen Dougher Town Clerk Town of Queensbury