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2008-01-28 MTG.#5REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 1 REGULAR TOWN BOARD MEETING MTG #5 JANUARY 28, 2008 RES. # 102-122 7:00PM TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS FISCAL MANAGER, BARBARA TIERNEY PRESS POST STAR TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STEC OPENED MEETING 1.0PUBLIC HEARINGS QUEENSBURY VILLAGE MOBILE HOME PARK EXPANSION NOTICE SHOWN PUBLICATION DATE: JANUARY 18, 2008 PUBLIC HEARING OPEN SUPERVISOR STEC-The history of this is that it is located off of Petrie Lane, off of Warren Lane. It is a mobile home park that we referred to the Planning Board for their recommendation regarding allowing double wides on all the sites. They have come back and recommended to the Town Board that we go ahead and grant that. Tonight we will also need to do a SEQRA if we do decide to move forward to approve. With that I will open the public hearing. If there are any members of the public that would like to comment on this public hearing again, just raise your hand one at a time and I will call on you and hear you. Mr. Naylor PAUL NAYLOR- Division Road, West Glens Falls I think it is a good idea. He runs a good place over there, it looks pretty nice. I think he is doing a good job. SUPERVISOR STEC- Alright, thank you Mr. Naylor. Anyone else like to comment on this public hearing? Okay any comments or questions from the Board Members before we close the public hearing? COUNCILMAN BREWER- I would like to make a comment Dan. This is something that was brought to our attention got to be a year and a half ago, two years ago Sam? For what ever reason the previous owner of the Park stipulated single wides only as I remember it. I think I was on the Planning Board back then. Every park in the Town is allowed double wides provided they meet the setbacks, etc. I just think this was a long, erroneous problem that Sam had and I am finally glad to see it come to an end. COUNCILMAN STROUGH- I think in all fairness I’m in agreement with this as well. I will agree with Tim. But moving forward I think that, and I have investigated what other towns are doing, they do treat single wides and double wides differently in terms of the size of the lot and what is required. Double wides REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 2 are not really considered to be mobile structures anymore. They are rather permanent structures. So, with the new zoning code, when ever we get around to it, it’s been a year now; I think that is another thing that we could address in the sense of taking a look how other townships, other municipalities have handled the treatment of single wides verses double wides. But, I’m okay with this in all fairness I think it is fine. SUPERVISOR STEC- Anything else from the Board? Again, any public comment on this public hearing? Alright, I will close the public hearing and we need to do a SEQRA. Rose, if you want to walk us through the SEQRA short form? PUBLIC HEARING CLOSED PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) 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. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 3 RESOLUTION AUTHORIZING QUEENSBURY VILLAGE MOBILE HOME PARK EXPANSION RESOLUTION NO. 102, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board previously approved the Queensbury Village Mobile Home Park located on Petrie Lane off Warren Lane, Queensbury (Mobile Home Park) and owned by Sam Wahnon (Owner), and WHEREAS, by Town Board Resolution No. 379.2000, the Town Board authorized an expansion of the Mobile Home Park by four (4) lots for a total of 53 lots, and th WHEREAS, by letter to the Queensbury Town Clerk dated April 28, 2006, the Owner applied for a modification to the existing plan to permit double-wide mobile homes on all of the lots in the Mobile Home Park, and WHEREAS, in accordance with Town Code §113-23 and §113-17, any modification to an existing Mobile Home Park first requires referral by the Town Board to the Town Planning Board for report and recommendation before the Town Board may approve the modification, th WHEREAS, on December 20, 2007, the Town Planning Board recommended site plan approval of the proposed modification to the existing plan to permit double-wide mobile homes on all of the lots in the Mobile Home Park, and WHEREAS, the Town Board duly conducted a public hearing concerning the th modification request on Monday, January 28, 2008, and WHEREAS, the Town Board, as SEQRA Lead Agency, has reviewed an Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Zoning Administrator has determined that there are no other involved agencies for SEQRA purposes concerning this proposed modification, and REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 4 WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed modification, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed modification to the existing plan of the Queensbury Village Mobile Home Park located on Petrie Lane off Warren Lane, Queensbury and owned by Sam Wahnon will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Sam Wahnon’s application to modify the existing plan and permit double-wide mobile homes on all of the lots in the Mobile Home Park, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a certified copy of this Resolution to the Town of Queensbury Planning Board. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None PUBLIC HEARING WITHDRAWAL FROM LANDFILL EQUIPMENT RESERVE FUND NOTICE SHOWN PUBLICATION DATE: JANUARY 18, 2008 PUBLIC HEARING OPEN SUPERVISOR STEC- We had talked about this at our last Regular Town Board Meeting that we had over two million dollars in the landfill reserve fund and we are required to have a public hearing to withdraw from the reserve fund the purchases off of a state contract bid. It is for a 2008 Volvo L70F Wheel Loader, it is a loader for the Ridge Road Landfill. The last one got a couple decades, was it Tim, use COUNCILMAN BREWER- It was an eighty three maybe, eighty five, something like that SUPERVISOR STEC- Twenty five years almost. And the price on state contract is one hundred twenty thousand eight hundred and eighty two dollars. Again, this REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 5 will come out of the reserve fund. With that said is there anyone from the public that would like to comment on this public hearing. Mr. Tucker PLINEY TUCKER, Division Road, Queensbury. When we talked about this before there was a compactor and a remodeling SUPERVISOR STEC- Right, that will be a future action MR. TUCKER- remodeling of the building, that is going to be a separate project? COUNCILMAN BREWER- Yes it will. The compactor is out to bid right now. The concrete work will go out to bid after we get bids in for the compactor, it will move on hopefully March or April. We’ll get it done. MR. TUCKER- When we talked before I was at the opinion that the City of Glens Falls had to be involved in the compactor and the remodeling of the buildings, I mean cost wise. COUNCILMAN BREWER- No, I don’t believe so. I believe the contract states that they own the property, we own or maintain the facilities on the property and that’s an expense of maintaining the facilities on the property. We just renewed that contract with the City as a matter of fact last year. MR. TUCKER- I know you did and with the original contractor there was a lot of things left out that weren’t in the new part. This is going back a while when the State of New York told us we had to close our landfill on Ridge Road and close the City landfill. Up to that time any extra cost over and above what revenue they took in was shared on a fifty forty deal. COUNCILMAN BREWER- I don’t know that Pliney but I can certainly have Bob Hafner look into it. If that is the case they owe us forty percent of the building that we put up last year for twenty five thousand. If that is the case, I’m not saying it is or it isn’t. MR. TUCKER- Would you take the time to have someone take a look at it. COUNCILMAN BREWER- I absolutely will. I will call Mr. Hafner tomorrow. Thank you. SUPERVISOR STEC- Thank you Mr. Tucker. Anyone else like to comment on this public hearing regarding the loader and the hundred and twenty thousand and change come from the landfill reserve. Alright, I will close the public hearing. Any discussion from the Board? I will entertain a motion. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING WITHDRAWAL FROM LANDFILL EQUIPMENT RESERVE FUND RESOLUTION NO.: 103, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 6 WHEREAS, the Town of Queensbury's Landfill Equipment Operator advised the Queensbury Town Board that he wishes to purchase a 2008 Volvo L70F Wheel Loader for use at the Town’s Landfills to be funded from the Town’s Landfill Equipment Reserve, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62326, and WHEREAS, the Town Board must conduct a public hearing before approving any purchases made from the Town’s Landfill Equipment Reserve, and WHEREAS, the Town Board duly conducted such public hearing on Monday, th January 28, 2008 and heard all interested persons, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from the Landfill Equipment Reserve Fund subject to permissive referendum, and WHEREAS, the Town Board previously authorized a transfer of funds from the Solid Waste Pollution Reserve to the Solid Waste Equipment Reserve, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the purchase of a 2008 Volvo L70F Wheel Loader for use at the Town’s Landfills to be funded from the Fund’s Landfill Equipment Reserve for an amount not to exceed $120,882.00 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such purchase is an expenditure for a specific item of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate the following 2008 Budget Amendment: ? Increase Appropriation 009-9901-9006-112 by $120,882.00; ? Increase Revenue 009-0000-55031 Interfund Transfer by $120,882.00; REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 7 ? Increase Appropriation 009-8160-2040 Heavy Equipment by $120,882.00; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and Landfill Equipment Operator to take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 28 day of January, 2008 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None 2.0HEARINGS KENNETH ERMIGER’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN THE TOWN CODE CHAPER 136- SEWERS AND SEWAGE DISPOSAL SUPERVISOR STEC- This is property is a Route 9 car wash at 719 State Route 9 in Queensbury. We have had many of these before. We have a multiple choice resolution at the back either to would or would not, is or is not, that sort of thing. Basically, if we approve it would go one direction and if we decide to move for to approve this one year extension that’s being sought the bracketed bold portion at the bottom page two would also be included in the resolution to approve the waiver/variance. But again, as we have said in the past this is really more a convenience for the applicant. They still have to pay into the district as though they were connected, so they are carrying their share of the capital cost. But they would not have to actually go through their own personal expense to complete the tie in for ideal reasons more often than not there is a business reason or a timing reason of other work. So with that said, I’m not sure if the applicant is here tonight or if he wants to say anything. Or if anyone has got anything they want to say. Again, these are fairly common. The Hearing is open. COUNCILMAN MONTESI- Dan, as I understand he has a fully functioning septic system that recycles the water. He has indicated somewhere along the line, it isn’t in the resolution, but he has indicated that the property is for sale and it may ultimately not be a car wash any longer. There is kind of an economic need not to force this fellow to put a whole new system in or at least to hook up to the existing system. As you point out, he is paying his fair share. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 8 SUPERVISOR STEC- I will close this hearing and I’m going to assume that the Board is inclined to approve and again on a second page that resolve at the top of the page, section A, the first option will be “would not be material detrimental, option B would be is that “it is” reasonable and it “would” alleviate unnecessary hardship. Then in the resolve in the middle of the page “approves” and “grants” and then again, the bolded section in the brackets at the bottom would also be included, including all charges do as if the property was connected to Route 9. COUNCILMAN BREWER- Why is this resolution different than a lot of the other ones? SUPERVISOR STEC- It is a slightly different format. New year, new attorneys’. They reworded it a little bit. It is basically the same as before though. Any discussion? I’ll entertain a motion. RESOLUTION APPROVING KENNETH ERMIGER’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 104, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, Kenneth Ermiger applied to the Town Board for a variance/waiver § from Town Code 136-44 for an extension of the Town’s connection requirements to connect his Route 9 Car Wash property located at 719 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the property has a properly functioning septic system and recycled water filtration system and the property is listed for sale for redevelopment, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on th Monday, January 28, 2008, NOW, THEREFORE, BE IT RESOLVED, that REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 9 a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of 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 Queensbury Town Board hereby approves Kenneth Ermiger’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and hereby grants Mr. Ermiger a one-year extension of th time or until January 28, 2009 in which to connect his Route 9 Car Wash property located at 719 State Route 9, Queensbury (Tax Map No.: 296.17-1-42) to the Town of [ Queensbury’s Route 9 Sewer District, provided that if there is any change in property use, 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 Kenneth Ermiger shall pay all charges due as if its property was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2008 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 3.0PRIVILEGE OF THE FLOOR FOR RESOLUTIONS MARK HOFFMAN- REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 10 Spoke regarding resolution 4.16 (120, 2008) Resolution Setting Public Hearing on Proposed Local Law Amending Zoning Law to Revise Parking Requirements. He is concerned that this resolution gives the Planning Board the authority to increase the amount of available parking on proposed projects. Concerned that the Planning Board already has the authority to do a twenty percent increase. A hundred percent seems fairly drastic. He is concerned about piece meal approaches to rezoning the Town. He is also concerned that if there is a marked increase in the amount of parking lots in Town and the sizes of parking lots. He feels that it is going to have adverse environmental impacts and aesthetic impacts. The size of the parking lot is what determines the traffic, if the cars have a place to park that is where they are going to go. So you are going to have to deal with the traffic impact, you are going to have permeability issues. SUPERVISOR STEC- These arguments are really more appropriate for the public hearing two weeks from now. We are just setting a pubic hearing this evening. COUNCILMAN STROUGH- Right now is the time to discuss this. This is the most ridiculous resolution I ever seen in my life. Several places in the new Comprehensive Land Use Plan it asks for a reduction in the number of parking spaces. This runs contrary to that. Who is the one who asked the attorney to have this resolution drawn up? SUPERVISOR STEC- If you need a name you can put my name probably next to it. We are not looking to debate this tonight. BETTY MONAHAN- Also spoke regarding resolution 4.16 (120, 2008). She questioned how this benefits and meets the standards of the community and how it complies with the Comprehensive Land Use Plan? PLINEY TUCKER- Spoke regarding resolution 4.7 (111, 2008). Resolution Establishing New Capital Project Fund #169- West End Park Improvement Project. Questioned what that resolution was for? SUPERVISOR STEC- That was discussed at the last workshop. The Recreation Commission came to the Board with a project to redo the basketball court, add some playground area, parking, and field. This is something that should have been done a long time ago. The price tag is estimated at two hundred and nineteen thousand dollars and there is financing. MR. TUCKER- Stated that the Town of Queensbury doesn’t own the land where that park is located. SUPERVISOR STEC- Some we do and some we don’t. National Grid owns some of it. COUNCILMAN BREWER- National Grid owns an easement through it. SUPERVISOR STEC- National Grid owns more than half of it. MR. TUCKER- Do we have a right to put taxpayers money into it. SUPERVISOR STEC- As long as we have their blessing. That was one of the items that came up during the workshop and I did contact Bill Flaherty and he did suggest that he get some information to him. I will be doing that this week. COUNCILMAN BREWER- I do believe the improvements are on our property not on National Grids. SUPERVISOR STEC- Right, the actual construction, the parking lot itself, and the basketball court are on Town property. The only part that is on National Grid property is the softball field. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 11 COUNCILMAN BREWER- National Grid owns a portion where their pole line is. That is all. COUNCILMAN MONTESI- None of the existing facility is on their property either. JOHN DAVIS- Spoke regarding resolution 4.16 (120, 2008). Stated that he has it on the advice of legal counsel that it is his belief that the proposed resolution could constitute an unlawful delegation of authority to the Planning Board. The language of the proposal grants the Planning Board the authority to grant parking space variances, such variances are area variances, which may only be granted by the Zoning Board of Appeals. The Town Board, of course, may amend the zoning ordinance including provision of parking spaces but it cannot grant the Planning Board the ability to make such changes on a case by case basis. SUPERVISOR STEC- That is not what we are doing. We are not creating a variance situation. We are redoing the code. Our legal counsel would disagree with your legal counsel. DENNIS FRANKLIN- Questioned why we don’t take care of what we have and preserve it. Why don’t we have a good plan in this Town? Why do we spend so much time with the PORC Committee and all that money to Saratoga Associates; and we have nothing except piece meal. GAIL BUTTO- Spoke regarding resolution 4.16 (120, 2008). It is my belief that the current zoning regulations for parking requirements were established as an opportunity to defend the interests of residents and for the residents to defend the interests of their neighborhoods. It is also an opportunity for elected officials and appointed officials to act as stewards of the environmental, aesthetic interests and the safety of all the residents of the Town. We must all be guardians, preservationists and make responsible zoning considerations and adhere to the current zoning laws as they have been established. COUNCILMAN STROUGH- That is correct. The code that we have now is based on ITE, it’s based on standards that have been developed nationally, they have been developed based on common usage. There is a rational basis to this. There is no rational basis to …. SUPERVISOR STEC- A week ago you sat at the workshop and you called for that they needed to be updated and expanded. COUNCILMAN STROUGH- I said there were three pages of parking requirements; 1) Could we increase the amount that goes to apartments- yes I said. Could we have a spread say three to six cars per thousand square feet of leasable floor area; in some cases yes, depending on the type of professional office use? Should we decrease the parking that we allow for retail, that was yes. But the other four pages I said are fine as they are. The PORC Committee agreed that they are fine as they are, with the exception of those three things, two suggested possible increases, one was a decrease, and the rest would stay the same. No where does it come close to a one hundred percent increase? SUPERVISOR STEC- I want to correct you what you said. You said this last week and you said it again tonight that the PORC recommended that we change those parking variances. COUNCILMAN STROUGH- Get the PORC people here and look at this resolution SUPERVISOR STEC- That is what you just said. You said that PORC recommended that we update these parking regulations. COUNCILMAN STROUGH- Those three items. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 12 SUPERVISOR STEC- I’m going to read for the record and this is part of the PORC minutes. A resolution of PORC that handed it off to the Town Board May 17, 2007. It was introduced by Mike Wild, seconded by Don Krebs. Resolved, that the Planning Ordinance Review Committee has voted to recommend the following chapters and articles in Town Code for adoption into law. It lists article Chapter 179 articles 1, 2, 5, 6, 9-12, 12A, 12B, 13-7 and 19 and Chapter A183. It goes on the resolution hereby passed them on to the Town Board for review, public hearing and ultimate adoption; and be it further resolved, and this is the important part to pay attention to, that the Planning Ordinance Review Committee has reviewed proposed revisions to the following chapters and articles of Town Code but was unable to make a recommendation to the Town Board. So they didn’t recommend reduction, they didn’t recommend an increase, they didn’t recommend anything. That is Chapter 179, articles 3, 4, which is parking, 7 and 8. Duly th adopted on the 17 of May 2007 and it was unanimous vote by Mark Hoffman, Don Krebs, Chuck McNulty, Gretchen Steffan, John Strough, Mike Wild and Mr. Hunsinger. So you said last week and you just said again tonight that the PORC had all kinds of recommendations about parking, and in fact the official record shows that they don’t and in fact they handed it to the Town Board now. COUNCILMAN STROUGH- There is a stack this high of PORC conversations. What you took out basically reinforces just what I said. SUPERVISOR STEC- The resolution that says that they couldn’t come to an understanding on parking. COUNCILMAN STROUGH- One of the things, you were never at the PORC Committee Meetings. SUPERVISOR STEC- I went to some of the PORC Committee Meetings. COUNCILMAN STROUGH- Not enough of them. SUPERVISOR STEC- Apparently, I went to enough of them. COUNCILMAN MONTESI- Part of the impetuous to put this forth tonight was that from my point of view, Angio Dynamics brand new office building that was built within a year two years ago had to come before the Town Zoning Board for a variance for their parking lot. The next one, Tribune Media, they had to come before for a variance for their parking lot. There is a third one, Dr. Schwenker on Bay Road. They had to come before the Zoning Board for a variance for parking. There is something wrong with that specific professional office building variance or ordinance and we are trying to address that one thing tonight. The reason why we are trying to do it is if we are going to be at all business friendly, why do we make everybody jump through this hoop when we know the ordinance is wrong. The guy just wants to do something on Quaker Road, he’s going to have to come before us for a variance also for his development. That doesn’t make sense, if you are a business man and you see a problem you try to solve it. That is what we are trying to do. In the mix of all of this, yes there is a Schermerhorn project out there. That isn’t why I’m looking at this. I’m looking back over the last three that we already gave variances for and potentially Quaker Road where we may have to give another variance. COUNCILMAN STROUGH- But Ron, the three examples you gave are all professional office. This is like taking a bulldozer to pull a tooth. You don’t need to go and give the Planning Board an opportunity to increase parking 100%. I just think it is way out of line, it is not code. It is not in line with what the Comprehensive Land Use Plan says. COUNCILMAN BREWER- It doesn’t automatically. It gives them the authority to be able to do that. It doesn’t say that they must. If you read the resolution… COUNCILMAN STROUGH- You know what, you’ve got something wrong with your code if you are giving them the power to increase the amount of parking spaces which have been based on IT&T and common practice by 100%. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 13 COUNCILMAN MONTESI- You said a week ago that when you did research that Queensbury was the lowest nationally. COUNCILMAN STROUGH- Professional office. What you are saying is for four pages of parking requirements. You are going to give a power to double them all. SUPERVISOR STEC- You are misrepresenting what is being done. The code talks about… COUNCILMAN STROUGH- To increase them by 100% SUPERVISOR STEC- To give a range, to increase the range from minimum to 20% to range from three to six. This is something else that John Strough at last weeks workshop meeting. I’m sure you will recall but if you don’t we have audio backup. You said that you understood, your recollection was that the Planning Ordinance Review Committee had recommended in their draft, their draft was a range of three to six, in fact that’s not true, they didn’t recommend anything. But, in fact what do they… COUNCILMAN STROUGH- I said SUPERVISOR STEC- Three to six COUNCILMAN STROUGH- Yes, because based on…. For professional office zoning, not four pages of parking requirements. SUPERVISOR STEC- Let me finish please. What we currently have, the current code, you talked a lot about three to six. That is what you thought the number was. The current code as it stands right now is COUNCILMAN STROUGH- One car per three hundred per square foot of leasable… SUPERVISOR STEC- Which is three and a third to four. Twenty percent above three and a third is approximately four. So our current range, if everyone else has got a range of three to six, five to seven, our range is three and a third to four. It is far to restrictive. COUNCILMAN STROUGH- Okay, well lets change professional office and make that range accordingly for various types of professional office uses and get rid of this resolution. SUPERVISOR STEC- No, I don’t think we are going to be doing that. COUNCILMAN STROUGH- Well, that’s what we should do. SUPERVISOR STEC- Is there anyone else that would like to address the Board on resolutions? Mr. O’Brien DAVE O’BRIEN- Spoke regarding resolution 4.1 (105, 2008). Resolution Authorizing Engagement of the Compass Company, Inc. to Review Town Insurance Coverage’s and Prepare Request for Proposal for 2008 Town Insurance Coverage. Questioned if the term “engagement” means that the Town is going to hire them? What is Compass? SUPERVISOR STEC- Yes, hire a consultant to assist the Town in putting out another RFP for insurance. Compass is a consultant. PETER BROTHERS- Spoke regarding resolution 4.1 (105, 2008). Discussion was held regarding the hiring of a consultant to help select an insurance carrier, keeping it local and having a sealed bid and having it opened in front of the Town Board. COUNCILMAN METIVIER- Wants to make it clear to everyone that he himself is employed with Encompass Insurance not Compass. They are not related. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 14 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF THE COMPASS COMPANY, INC. TO REVIEW TOWN INSURANCE COVERAGES AND PREPARE REQUEST FOR PROPOSAL FOR 2008 TOWN INSURANCE COVERAGE RESOLUTION NO.: 105, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to authorize engagement of The Compass Company, Inc. (Compass) to: 1) evaluate the Town of Queensbury's 2006 and 2007 Property and Casualty Insurance Coverages; and 2) prepare specifications for insurance coverages for Property and Casualty Insurance, prepare a Request for Proposals (RFP) to send to insurance agents/brokers interested in providing insurance coverage to the stth Town effective July 1, 2008 – June 30, 2009, and evaluate responses and recommend carriers for Town insurance coverages, and WHEREAS, Compass has offered to provide such services for: 1) an estimated fee of $2,500.00 for evaluation of the Town’s 2006 and 2007 Property and Casualty Insurance Coverages; and 2) an estimated fee of $14,500 for preparation of the RFP and services associated with the RFP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of The Compass Company, Inc. (Compass) to: 1) evaluate the Town of Queensbury's 2006 and 2007 Property and Casualty Insurance Coverages for an estimated fee of $2,500; and 2) prepare specifications and a Request for Proposals (RFP) to send to insurance agents/brokers interested in providing insurance coverage to the Town effective stth July 1, 2008 – June 30, 2009 and evaluate and recommend respondents’ proposals for an th estimated fee of $14,500, as more fully set forth in Compass’ January 19, 2008 proposal, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 15 RESOLVED, that the Town Board authorizes the Budget Officer to amend the budget as follows: Increase appropriation 001-1910-4720 Insurance Consultant by $17,000.00 and reduce appropriation 001-1910-4200 Insurance by said amount, BE IT FURTHER, RESOLVED, that the costs of such services shall be paid for from the Insurance – Misc. Contractual Account No.: 01-1910-4720 Insurance Consultant, 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 Budget Officer to take any other action needed to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: Mr. Strough ABSENT: None RESOLUTION APPOINTING CARLENE RAMSEY AS REAL PROPERTY TAX SERVICE ASSISTANT RESOLUTION NO. 106, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s current Real Property Tax Service Assistant in the Town Assessor’s Office will be retiring at the end of March, 2008 and so there will soon be a vacancy in such position, and WHEREAS, the Town Assessor has posted for the soon to be vacant Real Property Tax Service Assistant position, reviewed resumes and interviewed interested candidates, and REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 16 WHEREAS, the Town Assessor has recommended that the Town Board authorize the hiring of Carlene Ramsey on a provisional basis subject tosuccessful completion of the Warren County Civil Service test for such position and any other applicableWarren County Civil Service rules and requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Carlene Ramsey as a full-time Real Property Tax Service Assistant in the Town Assessor’s th Office effective on or about January 29, 2008 on a provisional basis subject to Ms. Ramsey’s successful completion of: 1) an eight (8) month probation period; 2) a pre- employment physical as required by Town Policy; 3) the Civil Service exam for the Real Property Tax Service Assistant position; and 4) any other applicable Warren County Civil Service rules and requirements, and BE IT FURTHER, RESOLVED, that Ms. Ramsey shall be compensated at the hourly rate of $12.84, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Supervisor and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2008 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF 2008 FORD FOCUS SE FOR USE BY TOWN ASSESSOR’S OFFICE RESOLUTION NO.: 107, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 17 WHEREAS, the Town of Queensbury’s Assessor has advised the Town Board that she wishes to purchase one (1) 2008 Ford Focus SE for use by the Town Assessor’s Office, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted in the 2008 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62762, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Assessor’s purchase of one (1) 2008 Ford Focus SE from Warnock Automotive in accordance with New York State Contract #PC62762 for an amount not to exceed $11,740.09 plus delivery charge to be paid for from funds budgeted in the current year from , Account No.: 001-1640-2020 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING SALE OF AND ACCEPTING BIDS FOR SALE OF OBSOLETE VEHICLES RESOLUTION NO.: 108, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 18 WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or are worn-out or obsolete, and WHEREAS, the Town’s Wastewater Director declared a 1998 Jeep Cherokee Sport 4x4 used by the Wastewater Department as surplus, and WHEREAS, the Town’s Water Superintendent declared a 1998 Chevrolet Pick-up Truck used by the Water Department as surplus, and WHEREAS, the Town’s Cemetery Superintendent declared a 1993 Ford F-350 Dump Truck used by the Cemetery as surplus, and WHEREAS, the Wastewater Director, Water Superintendent and Cemetery Superintendent advised Town Departments of the surplus vehicles in their respective departments and they did not receive any requests from the Departments for the vehicles, and WHEREAS, by Resolution No. 80,2007, the Town Board approved the sale of the vehicles and authorized the Town Purchasing Agent to publish an advertisement for bids to sell the vehicles, and WHEREAS, in accordance with Resolution No. 80,2007, the Town’s Purchasing Agent published an advertisement for bids to sell the surplus vehicles in the official newspaper for the Town of Queensbury and bid proposals were received, opened and reviewed by the Town’s Purchasing Agent, and WHEREAS, James Flansburg submitted the highest bid for the purchase of the 1993 Ford F-350 Dump Truck, and WHEREAS, Denise Rudenko submitted the highest bids for the purchase of the 1998 Chevy C/K 2500 Truck and 1998 Jeep Cherokee Sport, and WHEREAS, the Town’s Purchasing Agent has recommended that the Town Board accept such bids, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of the 1998 Jeep Cherokee Sport 4x4 used by the Wastewater Department, 1998 Chevrolet Pick- up Truck used by the Water Department and 1993 Ford F-350 Dump Truck used by the REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 19 Cemetery that are no longer needed by the Town or are worn-out or obsolete, and are sold in “as-is/where-is” condition, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts the following high bids with funds received for the sales to be deposited into the proper Town Account(s): HIGHEST BIDDER VEHICLE BID AMOUNT James Flansburg 1993 Ford F-350 Dump Truck $1,024. Denise Rudenko 1998 Chevy C/K 2500 Truck $ 876. Denise Rudenko 1998 Jeep Cherokee Sport $1,580. and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Water Superintendent, Wastewater Director, Cemetery Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE TRUCK RESOLUTION NO.: 109, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 20 WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Parks and Recreation Department has declared a 2000 Dodge Ram, ¾ Ton Pick-Up Truck (112,861 miles) with an 8’ Fischer Plow as surplus, and WHEREAS, the Parks and Recreation Department advised Town Departments of the surplus truck and plow and did not receive any requests from the Departments and therefore has requested Town Board authorization to sell the truck and plow by advertising in the official Town newspaper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of the Town Parks and Recreation Department’s 2000 Dodge Ram, ¾ Ton Pick-Up Truck (112,861 miles) with an 8’ Fischer Plow that is no longer needed by the Town or obsolete, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids to sell the surplus truck and plow in the official newspaper for the Town of Queensbury, and that all Town proceeds from the sale shall be deposited in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same 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 28 day of January, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR FORD F-350 PICK-UP TRUCK FOR USE BY TOWN PARKS AND RECREATION DEPARTMENT REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 21 RESOLUTION NO.: 110, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Recreation Commission and Director of Parks and Recreation have advised the Town Board that the Department wishes to purchase one (1) 2007 or 2008 Ford F-350 4x4 Pick-Up Truck for use by the Parks and Recreation Department, and WHEREAS, this replacement vehicle will not increase the Department’s fleet of five (5) vehicles, and WHEREAS, the vehicle to be replaced is a 2000 Dodge Ram ¾ ton pick-up truck with 112,861 miles and requires an estimated $5,101 in necessary repairs (transmission, transfer case and steering box), will be taken out of service and sold at public auction to the highest bidder, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for a 2007 or 2008 Ford F- 350 4x4 Pick-Up Truck for use by the Parks and Recreation Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same 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 28 day of January, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 22 ABSENT: None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #169 – WEST END PARK IMPROVEMENT PROJECT RESOLUTION NO.: 111, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to establish a Capital Project Fund for the following project at West End Park: 1.demolition and removal of the old basketball court; 2.installing a new playground area; 3.installing a new basketball court; 4.site work to create an informal ball field with backstop; 5.landscaping and improving the entryway and creation of parking area; and 6.professional services for all of the above; and WHEREAS, the total Project cost is estimated to be $219,000 and therefore the Town Board wishes to appropriately establish a Capital Project Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the “West End Park Improvement Project Fund #169,” which Fund will establish funding for expenses associated with the improvements set forth in the preambles of this Resolution at West End Park, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project in the amount of $219,000 shall be by: 1. a transfer from the balance of unexpended funds in Capital Project Fund #140 - Glen Lake Improvement Project and Capital Project Fund #142 – Klak/Hiland Park Project to the newly created Capital Project Fund #169; 2. a transfer of funds from Capital Project Fund #144 – Queensbury Community Center Project in the amount of $42,000 to the newly created Capital Project Fund #169; REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 23 3. from Capital Reserve Fund No.: 61 – Recreation Assessment Reserve Fund; and 4. from Capital Reserve Fund No.: 64 – Capital Improvement Fund; and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #169 in the amount of $219,000, 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 Account No. 169-0000-55031 – Interfund Revenue - $219,000; ? Expense Account No.: 169-7110-4403 - $ 19,000 – Engineer/Surveyor; and ? Expense Account No.: 169-7110-2899 - $200,000 – Capital Construction, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2008 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 28 day of January, 2008 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO.’S: 140 AND 142 RESOLUTION NO.: 112, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 24 WHEREAS, the Town of Queensbury has completed all planned construction and operation in the following two (2) Capital Projects: 1.Glen Lake Improvement Project No. 140; and 2.Klak/Hiland Park Capital Project No. 142, and WHEREAS, the final accounting shows that there is approximately: ? $32,165.41 remaining in Capital Project Fund No. 140; and ? $26,558.41 remaining in Capital Project Fund No.: 142 and WHEREAS, the Queensbury Town Board wishes to close these Capital Project Funds and transfer each Fund’s remaining funds to the West End Park Improvement Project Fund No.: 169; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the following two (2) Capital Projects: 1.Glen Lake Improvement Project No. 140; and 2.Klak/Hiland Park Capital Project No. 142, and and transfer each Fund’s remaining fund balance to the West End Park Improvement Project Fund No.: 169;and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 25 RESOLUTION AUTHORIZING WEST END PARK IMPROVEMENT PROJECT AND WITHDRAWAL FROM CAPITAL RESERVE FUND NO.’S: 61 AND 64 FOR SUCH PROJECT RESOLUTION NO.: 113, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Assessment Reserve Fund No. 61 (Fund No. 61) for future recreational developments, and WHEREAS, the Town Board previously established a Capital Improvement Plan Reserve Fund No. 64 (Fund No. 64) for future Town project developments, and WHEREAS, the Town Board wishes to withdraw and expend moneys from such reserve accounts in the amount of $118,276.18 ($30,000 from Fund No. 61 and $88,276.18 from Fund No. 64) for specific capital improvements and certain items of equipment for the West End Park Improvement Project to consist of: 7.demolition and removal of the old basketball court; 8.installing a new playground area; 9.installing a new basketball court; 10.site work to create an informal ball field with backstop; 11.landscaping and improving the entryway and creation of parking area; and 12.professional services for all of the above; and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund No.’s: 61 and 64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the recreation project known as the West End Park Improvement Project and authorizes expenditures in the total amount of $219,000 for the work described in the preambles of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 26 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to establish a separate capital project fund for such Project – West End Park Improvement Project Capital Project Fund #169, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $30,000 and a transfer from Fund No.: 64 in the amount of $96,256.83 to fund such Project, such funds to be placed into the capital project fund to be established in accordance with this Resolution and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital reserve fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the West End Park Improvement Project is an expenditure for a specific capital project and items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 28 day of January, 2008 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 114, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 27 WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the th Bay Ridge Volunteer Fire Co., Inc., on Monday, February 11, 2008 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 115, 2008 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 28 SECONDED BY: Mr. Anthony Metivier WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the th West Glens Falls Volunteer Fire Co., Inc., on Monday, February 11, 2008 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON YEAR 2008/2009 EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 116, 2008 REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 29 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreement currently in effect between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) expired on December 31, 2007, and WHEREAS, the Town and the Squad have negotiated terms for a new two (2) year Agreement for general emergency ambulance services and the Town is prepared to set a public hearing concerning the proposed Agreement in accordance with Town Law §184, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance services Agreement between the Town th of Queensbury and the Bay Ridge Rescue Squad, Inc., on Monday, February 11, 2008 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON YEAR 2008/2009 EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 30 RESOLUTION NO.: 117, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreement currently in effect between the Town of Queensbury and the North Queensbury Rescue Squad, Inc. (Squad) expired on December 31, 2007, and WHEREAS, the Town and the Squad have negotiated terms for a new two (2) year Agreement for general emergency ambulance services and the Town is prepared to set a public hearing concerning the proposed Agreement in accordance with Town Law §184, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance services Agreement between the Town th of Queensbury and the North Queensbury Rescue Squad, Inc., on Monday, February 11, 2008 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None ORDER SETTING PUBLIC HEARING FOR PROPOSED CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 11 – BAYBRIDGE DRIVE REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 31 RESOLUTION NO. 118, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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. 11 – Baybridge Drive, and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin Engineers, PLLC, engineers licensed by the State of New York, regarding the proposed Sewer District Extension to be installed along the western side of Bay Road to serve a professional office subdivision called the Fairfield Professional Offices and to include tax map parcel no’s: 296.15-1-2 and 296.15-1-28 as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Town Board accepts 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 WHEREAS, the Town Board wishes to establish the proposed Sewer Extension in accordance with Town Law Article 12A and consolidate the Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law §206A, and WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Queensbury Town Board shall hold a public hearing to consider establishment of the previously described proposed extension to the Central Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer District Extension No. 11 – Baybridge Drive. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 32 2. The boundaries of the proposed Extension and benefited areas of the Central Queensbury Quaker Road Sewer District are as set forth in the Map, Plan and Report previously described in this Order. 3. The proposed sanitary sewer facilities for Sewer Extension #11 will consist of new privately owned sanitary facilities to be constructed to serve the proposed District Extension. Parcel 296.15-1-2 will be served by 8” PVC gravity collection sewer which will convey domestic sewage to a centralized pump station. Such pump station will discharge to the existing Town of Queensbury sanitary manhole at the corner of Walker Lane and Bay Road via a new force main. The Fairfield Professional Office complex proposed on parcel 296.15-1-28 will also be served by new privately owned sanitary facilities. Gravity building sewers leading to individual grinder pump stations will be constructed for each building. The pump stations will discharge to a pressure sewer system that will terminate in the sanitary manhole at Walker and Bay Roads. All facilities will be constructed in accordance with NYSDEC and Town of Queensbury standards. The City of Glens Falls Wastewater Treatment Facility receives all wastewater collected in the Central Queensbury Quaker Road Sanitary Sewer District including that which is proposed to be generated by this District Extension. The City WWTP has the capacity to provide the Town of Queensbury with the capacity necessary for this District Extension. All such Sewer Extension improvements are more specifically delineated in the Map, Plan and Report. The cost shall include a buy-in to the City of Glens Falls Wastewater Treatment Plant in the amount of $12,800 ($1.00 per gallon fee x 12,800 gpd for the two parcels). 4. All costs of construction, legal and engineering fees shall be the responsibility of the developers and will be privately owned and those costs are not intended to be shared by other users within the Sewer District in accordance with a formula delineated in the Map, Plan and Report. The improvements shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, any State laws or regulations, in accordance with approved plans and specifications and under competent engineering supervision. 5.There are no Town hook-up fees for connection to the Sewer District once it is formed. The private cost of the infrastructure in order to hook up to the Sewer District will vary depending on many circumstances. Typical sewer lateral installation costs for these commercial properties is estimated to range from several hundred dollars to several thousand dollars. The annual cost of the District for the first year of operation to the typical property is $955.83, comprised of $160.13 for the annual benefit tax and $795.70 for the estimated operation and maintenance cost. There is no estimated annual cost for a typical one or two-family home since (1) there are no one or two-family homes currently located in REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 33 the proposed District, and (2) all property located within the proposed District is zoned commercial and currently is expected to be developed as commercial not residential. The total cost of the improvements is estimated to be $100,000.00 which will entirely be paid by the developers. 6. In accordance Town Law §206-a, all future expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 7. The Map, Plan and Report describing the improvements, area involved and a detailed explanation of hook-up fees and cost of the District to the typical property, and, if different, the typical one or two family home, is on file with the Queensbury Town Clerk and is available for public inspection. 8. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, February 11, 2008 to consider the Map, Plan and Report, hear all persons interested in the proposal and take such other and further action as may be required or authorized by law. 9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 10. The Town Board hereby authorizes and directs the Town of Queensbury Community Development Department to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 11. The Town Board further authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 34 th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING GRANT APPLICATION FOR FUNDING FROM ADIRONDACK PARK COMMUNITY SMART GROWTH PROGRAM IN CONNECTION WITH THE LAKE GEORGE WATERSHED REGIONAL ROAD DE-ICING ALTERNATIVES DEMONSTRATION PROJECT RESOLUTION NO.: 119, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the environmental health and overall quality of life in the Lake George Watershed area is critical to the social and economic well being for 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 revered 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” 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, the State has recently solicited (competitive) applications for the Adirondack Park Community Smart Growth Program from municipalities located wholly or partially within the Adirondack Park, and WHEREAS, an Application for funding has been prepared in response to such solicitation for applications, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 35 RESOLVED, that the Town of Queensbury, acting on behalf of and in concert with all the several communities that make up the Lake George Watershed, authorizes submission of the Adirondack Park Community Smart Growth Program application dated th December 29, 2007 with its co-applicant for this submission, namely, the Town of Hague, for funding in response to such solicitation with the Town of Hague agreeing to serve as custodian for such grant funds, if awarded, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the designation of Hague Township Supervisor Daniel Belden as the Lead Applicant Contact Person and that the Town of Queensbury hereby supports submittal of such application to the Adirondack Community Smart Growth Program, and BE IT FURTHER, RESOLVED, that the project that is the subject of the aforementioned application shall be known as the Lake George Watershed Regional Road De-Icing Alternatives Demonstration Project and that this application is seeking funding in the amount of $100,000, and BE IT FURTHER, RESOLVED, that the Town of Queensbury, and on behalf of its joint municipal partner and co-applicant, the Town of Hague, hereby agrees to support and participate in advancing the Smart Growth Grant Project described in such application, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ____ OF 2008 AMENDING ZONING LAW TO REVISE PARKING REQUIREMENTS REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 36 RESOLUTION NO.: 120, 2008 INTRODUCED BY: Mr. Ronald Montesi SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board wishes to provide greater flexibility to property owners and project sponsors in providing additional off-street parking when needed for particular projects without increasing the requirements for all projects, and , WHEREAS a change to the provisions of the Town Zoning Law that govern parking would be enacted by adoption of a Local Law setting forth the change, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board shall hold a Public Hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m. th on Monday, February 11, 2008, to consider proposed Local Law No.: ___ of 2008 which would revise §179-4-040(B)(10) of the Zoning Law to allow a property owner or project sponsor to provide, for property outside of the Adirondack Park, up to 100% more parking than required by the Zoning Law if approved by the Planning Board. At the Public Hearing the Town Board shall hear comments from all interested persons and thereafter may take action on the proposed Local Law as authorized by law, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to submit the proposed Local Law to the Adirondack Park Agency for a determination as to whether the proposed amendments to the Zoning Law are subject to Agency approval under Section 807 of the Adirondack Park Agency Act, and BE IT FURTHER, RESOLVED, that, pursuant to General Municipal Law §239-m, the Town Clerk is hereby authorized and directed to refer the proposed Local Law to the Warren County Planning Board for its report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to publish, post and otherwise provide legal notice of the Public Hearing on proposed Local Law No.: ___ of 2008 in the manner provided by law and to make a copy of the proposed REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 37 Local Law available for public inspection in the Town Clerk’s office following the adoption of this Resolution and until the Public Hearing is closed. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: Mr. Strough ABSENT: None LOCAL LAW NO.: __ OF 2008 A LOCAL LAW TO AMEND ZONING LAW TO REVISE PARKING REQUIREMENTS BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: SECTION 1. PURPOSE; AUTHORITY – The purpose of this Local Law is to provide greater flexibility to property owners and project sponsors in providing additional off-street parking when needed for particular projects without increasing the requirements for all projects. This Local Law is adopted pursuant to Municipal Home Rule Law Section 10. SECTION 2. AMENDMENTS – Queensbury Town Code Chapter 179, “Zoning,”, is amended as follows: A. Section 179-4-040(B)(10) is revised to read as follows: “If approved by the Planning Board, a property owner or project sponsor may provide, for property outside of the Adirondack Park, up to one-hundred percent (100%) more parking than the minimum number of parking spaces required by Table 5. For property within the Adirondack Park, a property owner or project sponsor may provide up to twenty percent (20%) more parking than required by Table 5, if approved by the Planning Board. SECTION 3. SEVERABILITY – The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 4. REPEALER – All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 38 SECTION 5. PENDING APPLICATIONS – Any application pending prior to the date of the Public Hearing on this Local Law but not yet approvedshall be subject to the new provisions established by this Local Law. SECTION 6. EFFECTIVE DATE – This Local Law shall be filed in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law Section 27 and shall take effect as provided by law. RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF JANUARY 28, 2008 RESOLUTION NO.: 121, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of January 24, 2008 and a payment date of th January 29, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of January 24, 2008 and payment date of January 29, 2008 totaling $714,069.10, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 5.0 CORRESPONDENCE NONE REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 39 6.0PRIVELEGE OF THE FLOOR MARK HOFFMAN- Spoke again regarding resolution 4.16 (120, 2008) Discussion held to clarify terms of proposed resolution. Recalled PORC Committee Meeting with regards to this issue. Does not remember any major disagreements about parking. BETTY MONAHAN- Spoke regarding resolution 4.1 (105, 2008). Reviewed procedures that were followed during her time on the Board to hire consultants. GAIL BUTTO- Commented on Mr. Montesi’s explanation on the repeated request by companies for increases in parking. Stated that we still need the current zoning allowances for parking as a realistic restraint on unintentional growth and inappropriate expansion of any property beyond what is originally granted by the Zoning Board. She considers the resolution to be short sighted and more importantly dangerous due to the ease to which it may be abused. She is pleased that there are plans to protect the Adirondack Park section of the Town by excluding it from this proposal. She hopes that the same would be applied to protect the rest of the Town and residents of Queensbury. SUPERVISOR STEC- In 2002 the Town changed the zoning code. When we changed the zoning code they cut in half the parking requirements. We are not going into an area that we haven’t visited before. The old minimum used to be what we are proposing the new maximum be. COUNCILMAN STROUGH- We did not cut in half the parking requirements. MS. BUTTO- Questioned if the zoning has been approved for professional office? SUPERVISOR STEC- Years ago. Nothing has been changed in the last few years. MS. BUTTO- Perhaps that is the problem. Maybe it will solve many misconceptions among the residents of the Town. PLINEY TUCKER- Spoke of workshop on January 22, 2008 regarding expansion of Corinth Road. This has been going on for fifteen years and we haven’t moved a single car. The problem is that we needed it twenty years ago and what we are doing is not going to even bring us up to what we should have now. Mr. Bill Lamy stated that this is a County road but they are not responsible for any of the lighting. Since this is a County road they should establish a taxing district and build that road the way it should be. COUNCILMAN BREWER- Great idea but if the County was to do it they wouldn’t put the power underground. Since it is Queensbury we wanted certain things and we were told that if we want it that way the Town would have to pay for it. DAVID STRAINER- Spoke regarding insurance issue. Stated that he feels it to be a conflict of interest when the chairman of the party is bringing in quotes for his insurance company. He would love to see the insurance stay local. What are we comparing and what are we looking for? What is the most important thing that we look for in insurance? COUNCILMAN MONTESI- Questioned Mr. Strainer regarding the fire training center. Asked him to keep him updated as to any new information that arises so he can keep his constituents informed. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 40 7.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- No comment at this time COUNCILMAN STROUGH- ? Announced that the State Department of Transportation plans to resurface Route 9 from the City of Glens Falls to Round Pond Road this spring. The Town of Queensbury and Warren County want to filter storm water and improve water quality in Halfway Brook on Route 9. The project which is located near Price Chopper will clean up what is the largest outflow source of Storm water. This three and a half million dollar project will be open for public viewing and th comment here at the Activities Center Wednesday, January 30 from 6-8PM. ? Questioned Supervisor Stec about speaking to the Mayor regarding lighting concerns on the cross country ski trails. COUNCILMAN MONTESI- ? Spent the morning with the Water and Wastewater Departments. There is a proposal that the Wastewater Department would like to bring to the Board regarding combining Hiland and the Queensbury Central District. There is two years left on the Queensbury Central bonding. ? Wants to have a hydraulic study done on the Central District. ? The Water Treatment Plant needs a new roof. The current roof is twenty years old and is leaking. COUNCILMAN METIVIER- st ? Just a reminder- taxes are due on Thursday, January 31. ? Received a call regarding some street lights that were not working. Please let us know if you notice any street lights out. ? Lake George did freeze over last week. Please remember the ice is very thin and very dangerous. ? Spoke to the Deputy Highway Superintendent regarding ice fisherman parking on Sunset Drive. This has become an issue with the residents of Assembly Point. They are looking to put some “do not park” signs. ? He has received complaints regarding ice fisherman leaving garbage out on the Lake. Please be sure to take everything with you when you leave. ? Spoke regarding ice eaters. There has been some issues with the ones around Warner Bay, Sandy Bay and Harris Bay. Emily Debault with the Lake George Association has put out an excellent two page brochure on the safe use of ice eaters. SUPERVISOR STEC- ? Thanked TV8 and Cool Insurance for sponsoring/televising the Town Board Meetings. ? Special thanks for a generous donation from the firemen’s fund at Cool Insurance to North Queensbury Fire for $10,000. North Queensbury Fire will be sharing that check with the other fire companies in Queensbury. ? He and Councilman Montesi attended a conference that Judge Krogmann had with the parties associated with French Mountain litigation. ? This is the time of year when we are working on Fire/EMS contracts. Thanks to all the fireman for all they do to protect us and serve us. ? Thanked the City of Glens Falls and DEC for the very informative meeting he attended regarding the safety of the Glens Falls Watershed Property Dams and the emergency plans. Work will begin on renovation of the Butler Storage Dam. There have been some articles in the Post Star and the Chronicle regarding the proper solution to the water supply issue in Glens Falls. Offered to be of assistance if they had any questions. ? Spoke regarding the Gaslight Village Property in Lake George. The Village of Lake George and Warren County has purchased this property. The State is ready to begin work with the environmental groups to assist renovation work to collect storm water of Westbrook and treat it. REGULAR TOWN BOARD MEETING 01-28-2008 MTG # 5 41 RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 122,2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 28 day of January, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully, Darleen Dougher Town Clerk Town of Queensbury