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2007-12-17 MTG #51REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 193 REGULAR TOWN BOARD MEETING MTG # 51 December 17, 2007 RES. # 518-529 7:00PM BOH # 32-33 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS SENIOR PLANNER, STUART BAKER PRESS POST STAR TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH SUPERVISOR STEC- OPENED MEETING PROCLAMATION FOR QUEENSBURY HIGH SCHOOL BOYS CROSS COUNTRY TEAM P R O C L A M A T I O N WHEREAS, the Queensbury Town Board wishes to recognize local student- athletes for their exceptional performances on the athletic field, and WHEREAS, the Queensbury High School Boys Cross-Country Team won the Section II, Class A Sectionals, thereby winning the right to attend the New York State Public High School Athletic Association (NYSPHSAA) Championship meet held at Norwood-Norfolk School District, Norwood New York, on November 10, 2007, and WHEREAS, the Queensbury High School Boys Cross-Country team competed with 11 other schools that were ranked as the top teams from their respective sections of New York State, and the Queensbury High School Boys Cross-Country team beat Pittsford Mendon High School to win the New York State Class A Title, giving the Spartan Boys Cross-Country Team their third State Championship and again bringing victory to the Queensbury Union Free School District and Town of Queensbury, and WHEREAS, by winning the New York State Class A Title, the Queensbury High School Boys Cross-Country Team earned the State’s number one rank, and therefore is the best Boys Class A Cross-Country team in New York State, and , WHEREAS Coaches Robert Underwood and Kevin Sullivan and the Queensbury High School Boys Cross-Country Team deserve special recognition of their accomplishments and the Queensbury Town Board wishes to formally salute and recognize Coaches Kevin Sullivan and Robert Underwood and the Boys Cross-Country team, consisting of Sean Barber, Alex Benway, Gabe Campbell, Matt Flint, Brian Gallagher, Sheldon Reeves and Kevin Sprague for representing the Queensbury School District and Town of Queensbury in such an exemplary manner, NOW, THEREFORE, the Queensbury Town Board, hereby congratulates Coaches Robert Underwood and Kevin Sullivan and the entire Queensbury High School Boys Cross-Country Team for its outstanding performance and level of excellence during REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 194 the 2007 season and achieving the title of New York State Champions, and further expresses its sincere appreciation to Coaches Kevin Sullivan and Robert Underwood and the Queensbury High School Boys Cross-Country Team for doing their part in making the Town of Queensbury a better place to live. GIVEN under the SEAL of the Town of Queensbury this Seventeenth day of December, 2007. _____________________ ___________________ ____________________ DANIEL STEC ROGER BOOR TIMOTHY BREWER _________________________ __________________________ RICHARD SANFORDJOHN STROUGH 1.0RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 518,2007 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 enters into the Queensbury Board of Health. th Duly adopted this 17 day of December, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE FOR MICHAEL DOUGHER NOTICE SHOWN PUBLICATION DATE: December 7, 2007 PUBLIC HEARING OPENED SUPERVISOR STEC- The Town Board has been working with Mr. Dougher on this for the last couple months or so. I know our Engineer was out there about a week or so ago. I think we got everything straightened out. The variance is being sought for a septic tank approximately forty-five feet from the applicant’s well in lieu of the required fifty feet. A distribution box approximately sixty feet from the applicant’s well, an absorption field approximately fifty five feet from the applicant’s well instead of the required one hundred foot setback. A distribution box approximately ninety five feet from a neighbor’s well instead of the required hundred foot setback. An absorption system approximately ninety feet from a neighbor’s well instead of the required hundred foot. The property is located a on Dream Lake Road South in the Town of Queensbury. We set this public hearing a couple weeks ago. Our Engineer had a chance to go out there and has basically reported to the Town that this is the best location to work with and the system that is REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 195 there currently is failed. With that said I will open the public hearing and I don’t know if the applicant or the Town’s Engineer has anything else they’d like to add before anyone from the public may comment. Anybody at all? I will close the public hearing and entertain a motion. COUNCILMAN BREWER- Just note, we do have to mention the STUART BAKER, SENIOR PLANNER- No you don’t. This is a septic variance not the funding SUPERVISOR STEC- This is just the septic variance COUNCILMAN BOOR- Just a couple of questions for the Engineer. SUPERVISOR STEC- Dan if you would like to come to the mic please COUNCILMAN BOOR- Hey Dan, we got your memo where you ran the test and found that there was nothing leaking back in. This is forty five feet, which is less than half of what we typically want. Is there going to be, after the new system goes in, is there going to be any monitoring after that and if so what would be recommended if we have any e- coli situation or something? DAN RYAN, ENGINEER- Well, the existing well is approximately hundred and ten feet deep. It is a cased well so that it is protected obviously to some degree. We are talking about probabilities of occurrence of contamination and the current homeowner has been there since the original system was put in. The well has tested pretty regularly on his own. I think if you wanted some regular testing I think he would be willing to COUNCILMAN BOOR- I’m sure he is going to do what’s right. I’m not the juxtaposition of where it was and where it is going. I just don’t know what the water flow is like. I’m glad it is a cased well and it is a hundred feet deep. It is a subminimum clearance. MR. RYAN- It is. It is probably COUNCILMAN BOOR- Since I’ve been sitting up here I think it is as close as we’ve ever allowed a leech field to a well. For the homeowners protection I just hope he continues to test. MR. RYAN- I would recommend that at least annually if not more frequently if there was some results that dictate that. COUNCILMAN BOOR- That’s about it COUNCILMAN STROUGH- On that thought Roger, that homeowner with that well did give us a release statement? They did or no? COUNCILMAN BOOR- No, I’m talking about, this is his well that the forty five feet, it’s not the neighbors well. The neighbors has signed released statements. They are much further away than the forty five feet; it’s the applicant’s well. I would just encourage them to continue testing. That’s all I have. SUPERVISOR STEC- Any other questions for Dan. Again, any other public comment. Okay, we will close the public hearing. RESOLUTION APPROVING MICHAEL DOUGHER’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 32, 2007 REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 196 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Michael Dougher filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install: 1.a septic tank approximately 45’ from applicant’s well instead of the required 50’ setback; 2.a distribution box approximately 60’ from the applicant’s well and absorption field approximately 55’ from the applicant’s well instead of the required 100’ setbacks; 3.a distribution box approximately 95’ from a neighbor’s well instead of the required 100’ setback; 4.an absorption system approximately 90’ from a neighbor’s well instead of the required 100’ setback; on property located at 6 Dream Lake Road South in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance requests on Monday, December 17, 2007, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 197 RESOLVED, that the Local Board of Health hereby approves the application of Michael Dougher for variances from the Sewage Disposal Ordinance to install: 1a septic tank approximately 45’ from applicant’s well instead of the required 50’ setback; 2a distribution box approximately 60’ from the applicant’s well and absorption field approximately 55’ from the applicant’s well instead of the required 100’ setbacks;\ 3a distribution box approximately 95’ from a neighbor’s well instead of the required 100’ setback; 4an absorption system approximately 90’ from a neighbor’s well instead of the required 100’ setback; on property located at 6 Dream Lake Road South in the Town of Queensbury and bearing Tax Map No.: 279.17-1-22. th Duly adopted this 17 day of December, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 33,2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 17 day of December, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0 CORRESPONDENCE REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 198 DEPUTY CLERK MELLON- Supervisor’s report for Community Development/Building and Codes for the month of November is on file at the Town Clerk’s Office. 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 4.0 PRIVILEGE OF THE FLOOR GINNY BESTHOFF- Is there was any new information in reference to having the Town Board Meetings televised? SUPERVISOR STEC- At least two companies have shown interest in sponsoring these meetings. The meetings will continue to be televised. PLINEY TUCKER- Did our partners in that road send you a check yet? SUPERVISOR STEC- Yes they did MR. TUCKER- When is that road going to be opened legally? SUPERVISOR STEC- The hold up was that we were waiting for the uprights for the signal at the north end on Luzerne Road to be delivered. They have been delivered, anyone who has driven by there now you can see that the lights are up and as of last I saw they were still bagged and they needed to be wired. I’ve asked the Town Attorney and he is working on a procedure but it will be similar to any other road dedication. I imagine we will be able to pass a resolution on that if not the first meeting of the year the second meeting. Anytime you put in a new traffic light it has to flash for thirty days, that’s state law. It will be up and it will flash red in one direction and the Luzerne Road direction will flash yellow. Once it’s operating like that for thirty days then the traffic light will operate normally. But that’s not the hold up for opening the road, if we can get it done we may even open the road on the first. But it may be the mid January meeting. MR. TUCKER- Read in the newspaper that Supervisor Stec got a new job at the County. SUPERVISOR STEC- Nothing is official but it looks like I might be the Finance Chair MR. TUCKER- What’s involved in that? SUPERVISOR STEC- The Finance Chair is the Vice Chairman of the Board. MR. TUCKER- Are you going to be able to handle that and take care of your full time job SUPERVISOR STEC- Yes, there is not a significantly great more deal of time involved. And that’s not done until the Chairman appoints me. MR. TUCKER- Read the resolution that Supervisor Stec got for him from Crandall Public Library. Christine McDonald and probably the Board of Trustees signed a thirty five year lease for the use of the building. I guess it proves what I’ve been saying for quite a long time that Crandall Public Library couldn’t be formed because they didn’t own the building. Finance law states for taxpayer’s money to support something like that they have to own the building. It appears to me that we are about to take another trip like we did with the trash plant. We are going to pay for something and never own it. I think if we made the move and formed our own free library they’d like that too. The ones that didn’t like it could still use the Crandall Library. JOHN SALVADOR- REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 199 ? Concerning the Crandall Library, I filed a petition in Warren County Supreme Court on the twenty first of November asking the Court to address the very issues that Mr. Tucker brought up, among others being the financing for the Library expansion program and the fact that the Town of Queensbury has not legally authorized the tax to be levied. In this regard, we served the defendants, yourself Mr. Stec, the Town of Queensbury, the County Treasurer, Mr. O’Keefe, Mike Swan, the Real Property Tax Agency Chairman and we are asking the Court to withhold the assessment of the taxes that have not been legally instituted. To this end we filed a proposed order restricting the levying of the taxes, this order has been on Judge Krogmann’s desk since the twenty eighth of November. All we are asking for is a hearing in order to show cause. ? With regard to the TV 8 project, understands in talking with one of the businesses in Town that he was encouraging to try to get this contract that the price has gone up from five hundred dollars to two thousand dollars. The gentleman that he spoke with is standing in line who have applied to sponsor these meetings. Maybe we should also try to produce the workshop meetings. A lot of things happen at those meetings. If we can find sponsors why not. ? The Seaboyer project is on the Planning Board agenda for tomorrow night. They are asking the Planning Board for a request to revisit the previous approval. They have already been to the ZBA and I believe the ZBA upheld the Zoning Administrator’s determination that they had to go to the Planning Board. I think the next step is going to be this Board. I would like some assurance that we are going to maintain continuity between this Board and the next Board with regard to the progress we have made on Rockhurst; mainly the recognition that it is in a CEA. The other aspect the realization that there is a subdivision plat approved and on record referred in all of the deeds that have been issued on Rockhurst that restrict the sort of and location of the development we are approving in these days. That must be addressed. The Zoning Administrator has to make a determination that the applicant is in the possession of what we call a lot of record. The lot of record for the lots on Rockhurst are that subdivision plat and the restrictions that have been laid down there. ? Through the efforts of some of the members of this Town Board we have obtained a state grant and on the way to the organization of some sort of a management district. COUNCILMAN BOOR- Familiar with the Seaboyer application. We need to honor our code. The first thing for a variance to be granted there has to be shown that there is a hardship and that there is a failure and in the Seaboyer instance there is neither. They really have no business coming before this Board for what they have asked for in the past. They have misrepresented on the three times that they have come to this Board what they are going to do and when they go to the Planning Board they have completely different plans, they have completely different setbacks, they have completely different applications. It was highly predictable that as of January they would be coming back to this Board with the hopes that two of us not being here that others may find it in their grace to grant what would be totally and wholly inappropriate not only according to our code but to state code. They do not have a failed system. They have reasonable use of a property. RICHARD BESTHOFF- I just had the opportunity to review the sixty-seven page Watershed and Drainage Study dated November 2, 2007, that is for northern Meadowbrook Road. I believe a lot of work went into the finalization of that report but I find one important fact omitted. I don’t know if you had the opportunity to look at the report, they point out four culverts that impact the water flow to that particular area where the Michael’s Group wanted to build. Actually, there are five culverts, and that fifth culvert is a very important one. This culvert is located under Meadowbrook Road, fifty yards North of the northern most entrance to Waverly Place. Actually, it is just before the new Meadowbrook Road curves off to the right. COUNCILMAN SANFORD- Is that the culvert that had two different diameters MR. BESTHOFF- Yes. In fact, I was up to my knees in mud when I measured the culvert on one side and measured the culvert on the other side and now they have made them REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 200 even bigger. Now I don’t know whether it was the Town that did that or whether it was the… SUPERVISOR STEC- Warren County did the road realignment MR. BESTHOFF- Okay, but the culvert was put in before the road was realigned. SUPERVISOR STEC- I don’t know who did that, maybe the Town? MR. BESTHOFF- Okay, this culvert was originally fifteen inches and since the recent upgrade and the construction of the Amedore Homes, which is just to the East, the culvert is now nineteen inches. This now allows much more water flow from the East to the West under Meadowbrook Road. The excess flow of storm water now from the Amedore Homes can now cascade under Meadowbrook Road in the very north on to the common grounds of the Waverly homes then to the Federal and State Wetlands that crisscross through the perimeter of the Waverly property and eventually winds up in Halfway Brook; but it travels behind our homes and goes all the way around and winds up also impacting that area of where the Michaels Group wanted to build that structure. I believe this drainage situation about culvert number five, I’m willing to go with Dan Ryan, in fact I had spoken to him a while ago; I would be willing to go with him and show him exactly where that culvert is. Because the Amedore homes and the new Meadowbrook Road is higher than the existing or the original Meadowbrook Road the water is going to flow down and come this spring we are going to be doing white water rafting in our backyards. So it is something that has to be considered. Now, I have a question for the Board, I don’t know if you can answer it or not. I know that the Town of Queensbury requires that the post development discharge for a fifty year, twenty-four hour storm doesn’t exceed predevelopment conditions. How is that monitored? SUPERVISOR STEC- Its monitored through the site plan process. When they review the engineering from the applicant that is when the Planning Board and our professionals make a decision whether or not they satisfy that. MR. BESTHOFF- Okay, but what I’m saying is we get a torrential down pour this spring and water flows like a son of a gun down through that culvert into the back. How can we determine that more water came down this spring than came down last spring? And also what recourse does the Town or the homeowners have if the water flow exceeds the amount that was supposed to come through? Is there any kind of a law or what can we do? Can you penalize… COUNCILMAN SANFORD- From a practical matter, this is a very good point you are raising and that is why there has to be proper insistence of a good, honest review when the site plan takes place because quite honestly if a situation where the engineering was faulty and you had a situation where that reg. or rule was not adhered to you are going to find yourself more likely than not having to take a civil action. Okay, I mean in all seriousness… MR. BESTHOFF- Schemerhorn once owned that property and we tried to deal with Schemerhorn and now they sold it to Amedore and that is a big concern of the homeowners in Waverly that water that is going to cascade in the spring behind the homes. COUNCILMAN SANFORD- It is not the first time it has happened. MR. BESTHOFF- It’s not the first time COUNCILMAN SANFORD- No, I mean situations like what you are talking about. While I have you here I would like to mention to you because I know you are active in the Waverly Homeowners Association, you may recall at the last meeting we passed a resolution on SEQRA findings and I discussed with Dan and Dan agreed at this meeting we would have a resolution addressing the Michael’s professional office building. If you will check your agenda you will see that there is no such resolution on the agenda. REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 201 SUPERVISOR STEC- I don’t recall agreeing to that but I remember you making the point. COUNCILMAN SANFORD- Then read the minutes because Mark Noordsy was here and there was no follow through on it so it looks like that will have to be addressed by the new incoming Board. MR. BESTHOFF- So they will still have the opportunity to put that building in? Is that what you are saying? COUNCILMAN SANFORD- I’m not saying that. I’m saying it is not going to be finalized and concluded by this Board, it will have to be handled in 2008 and so I want you to be aware of that. COUNCILMAN BOOR- Another issue you are enlightening us with is the issue of the culvert being an additional four inches in diameter, it raises another interesting point. As you are well aware we had DEC flag the wetlands as they saw them for this proposed project for the Michaels Group. If there is a larger culvert in there now and if Amedore Homes or any other development which occurs to the other side, the East side the North does in fact create a greater run off situation, there is a possibility that the wetlands may have to be delineated again and they may in fact be larger… it is greatly limited now, certainly they can’t do what they had intended to do and the more water that we send to that side of the road, it may be that nothing can be done SUPERVISOR STEC- And Mr. Besthoff just to add to what Roger and Richard eluded to is that the wetlands delineation, that is something that the Town Board earlier this year, a few months ago, several months ago changed to require that wetlands be re-delineated as necessary so it’s a more stringent requirement. As recently as two weeks ago the resolution that we did pass applies not only to Amedore but everyone else in that PUD, which is a very large area, that will require that when they go to site plan that an environmental impact statement, which is an extra set, which is an extra level of review of thoroughness is required of everybody in the whole PUD. That is a very large PUD. MR. BESTHOFF- Okay, but can we make sure that Dan Ryan includes that COUNCILMAN SANFORD- It is actually not an environmental impact statement, I believe technically it is it’s a long form SEQRA SUPERVISOR STEC- Long form SEQRA, which could lead to an EIS COUNCILMAN SANFORD- Which can lead to an Environmental Impact Statement. MR. BESTHOFF- But can we make sure that culvert is included in this report because its not shown in this report and does not show the impact of that culvert and COUNCILMAN BOOR- Your best bet, because Richard and I are not going to be here, I’m giving you a little bit of advice here, I would do a follow-up when the new Board comes in and don’t rely on anything that takes place at this meeting. You need to follow- up and make sure that the Engineer, the one unfortunately left after the Board of Health. You could have talked to him directly but he was here for that Board of Health issue and unfortunately he left. Your point is well taken but don’t assume… MR. BESTHOFF- Okay, but I’m saying maybe through Dan that he could alert or flag them SUPERVISOR STEC- I just wrote a note to myself and tomorrow I will shoot an email to Dan Ryan and I will ask him about the culvert. I will ask him to update us on it. MR. BESTHOFF- Thank you very much PAUL NAYLOR- How come the Connector Road did not meet the subdivision regulations? I wrote it. Somebody must have messed up. REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 202 GEORGE RYAN- ? Was here a few months ago and was challenged to go in front of the Planning Board. I went and I learned a lot about the Planning Board. These meeting go until eleven or twelve o’clock and I think they are getting underpaid. They should be praised for their hard work they do for what they have to accomplish. There needs to be more communication from downstairs to upstairs. They are uninformed on the issues. ? Now that we are going to have a new Board I am hoping that they are going to be more pro business. We need to have business in the Town of Queensbury. We need to bring more business to Town. Competition is good, it keep the price in line. ? Everyone is doing a good job and looking forward to the new Town Board coming in. It is going to put new life into this Town. Good luck to everyone. SKIP STRANAHAN- ? Questioned Councilman Boor on French Mountain? Read from the Town of Queensbury’s stop work order. He feels there is still being work done on that project. There is time dated photographs, getting some each day from neighbors. There are actual pictures of the pond before and after it was drained. There is evidence of clear cutting. We have approximately forty three acres of clear cut on that Mountain. COUNCILMAN BOOR- There is communication with the Town’s Attorney and the Judge and they are trying to move forward with depositions. We are such a preliminary stage of the law suit that it is unclear of how much money could be spent. 5.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- ? Thanked Councilmen Boor and Sanford for their service for the Town. ? Wished everyone a Merry Christmas COUNCILMAN STROUGH – ? Thanked Councilmen Boor and Sanford for their honest and hard fought dedication to our community. Hopes that they continue and maintain that. ? Spoke regarding a letter he received from Margaret Sing Smith, Executive Director of the Warren County Youth Bureau claiming that the Town has received a couple of grants. ? The Town of Queensbury Youth Recreation Program has been has been recommended to receive a youth development delinquency prevention funding program for $8,500; and receive another $5,000 grant for Town of Queensbury Youth Corp Program. ? Just received another email and is wondering if the light on the corner of Dixon on pole 38 ½ has been taken care of. Supervisor Stec did have it reported but will look into it again. COUNCILMAN SANFORD- At the last meeting we voted on changing the boundaries to the Empire Zone. We voted no and I noticed that it is on the agenda for tonight. I’ve spent a lot of time on this and have done some research. I have received a copy of the application from Mr. Fosbrook. He did not give me a projection of what the benefits would be. That to me is very significant. We are not being told what the potential benefit of Empire Zone credits would be for Finch Paper and that is problematic in trying to form an opinion without knowing this information. The amount of taxpayer support is essential in order to evaluate these types of projects. In the Finch Paper application, they state that they will be creating seven hundred and fifty five new, full-time equivalent employees in 2008. These are not new jobs. They created a limited liability corporation and they are now calling it a new company. I went onto the internet and looked up some of this stuff. I found and article that was written by a Richard Brodsky. He wrote about certain abuses that are taking place within New York State. He speaks to the Empire Zone abuse. REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 203 COUNCILMAN BOOR- I spoke to Len Fosbrook on the phone last week and urged him to contact Supervisor Stec regarding setting up a workshop and all Board Members should be present. Some of the concerns I have go to the benefit also. In the application it says that there will be seven hundred and fifty five new employees. When I do the math there is a potential of twenty employees. The notion that Queensbury should give up thirty acres so that Glens Falls can add twenty jobs and this new LLC can have taxpayers subsidize them to the tune of multiple millions of dollars not only is not good for Queensbury, I don’t think it is good for the taxpayers of New York. I think this program has to be viewed as something that is genuinely creates a lot of jobs, creates a good business opportunity and I don’t necessarily see that happening here. There was a clerical error, where is it? LEN FOSBROOK- In 2005 the law changed governing Empire Zones. We were required to restructure where the Empire Zone were physically placed in the County. We were limited to placing them in six designated locations. In order to maximize the acreage, which is about twelve hundred acres that we were allowed to use, we went to several places that we thought had excess zone coverage on lands that probably would not be further developed or used in the business and Finch Pruyn was one of them. They have significant amount of land runs along the river all the way down to the Sherman Island Wastewater Treatment Plant. They were more than willing to give up certain acreage because they did not feel that would be developed. In taking off that acreage more acreage was taken off than Finch Pruyn had previously agreed to. We didn’t realize it at the time. The acreage was then reused throughout the County in the six locations that we used and we had to use every bit of the acreage at that given time. It was taken away by resolution. We changed the boundaries and anytime we change the boundaries we have to get concurring resolutions. The law is a County law but requires concurring resolutions from each Town where Empire Zone lands are placed. COUNCILMAN SANFORD- It was a conscientious decision to do this. MR. FOSBROOK- Conscientious to take lands that weren’t going to be developed but a mistake to take two lots that we shouldn’t have taken. COUNCILMAN SANFORD- But not a clerical error MR. FOSBROOK- Well, yeah because we eliminated two tax map ID’s. COUNCILMAN SANFORD- Can you speak of the article I read earlier on his comments on Empire Zone abuse. He seems to suggest there is a problem with businesses appearing to make themselves new and they are eligible for Empire Zone tax breaks simply by changing their name. MR. FOSBROOK- Regarding the Senators speaking to a loop hole that existed in that law that was eliminated in the 2005 legislation. That no longer exists. In this situation, they are new owners. The law views Finch Paper as a new corporation to New York State. COUNCILMAN SANFORD- In predicating the benefit is it going to be the seven hundred and fifty five jobs that are going to be used or the twenty? MR. FOSBROOK- We don’t make those determinations. We administer the zone according to the law and then it is passed to the State of New York where it goes through several departments including Taxation and Finance Department of Labor and the Empire Zone offices. This application is still working its way through there so it has not been approved at this point. It really sounds like you have an issue with the law and the program and taking that up with me is not going to solve that problem. COUNCILMAN BOOR- We are giving thirty acres for twenty jobs. I think that thirty jobs in an industrial zone should be able to generate more than twenty jobs. I want to see Finch Pruyn succeed but I want to see more than twenty jobs. REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 204 COUNCILMAN BREWER- The point that you might not looking at is you have got a company that is eligible for the benefits and they are going to make an eighty million dollar investment, to me that eighty million dollars that they are investing not only comes in this community with jobs and other employers doing the work, they are keeping the jobs here so that they can be competitive. Otherwise, they may not have the eight hundred jobs that are there. We may lose eight hundred jobs. The property that you are talking about in Queensbury, the owner of that property asked us to rezone it. That property does not qualify to be an Empire Zone. For me, if a guy is going to make an eighty million dollar investment, we’re keeping them competitive; we’re keeping eight hundred jobs in this area, that’s sufficient for me. I don’t know where you are getting your information from. COUNCILMAN BOOR- Tim they aren’t making the eighty million dollar investment. That is the issue. COUNCILMAN BREWER- Who’s going to make it? COUNCILMAN BOOR- Apparently, we are; as much as ten percent COUNCILMAN BREWER- I’ll trade ten percent of eighty million for eighty million any day of the week. COUNCILMAN STROUGH- They have planned a fairly aggressive capitalization enhancement program for the next five years. The way I understand it if for some reason they don’t invest with the plan like they’re planning to they don’t get he Empire Zone benefits. They only get the benefits if they produce what they say they are going to produce. Now I read the charts too, and I see the employment growth was rather minimum, but the capitalization growth was fairly aggressive. Not only that but they didn’t consider the secondary impacts that capitalization program is going to have on other local industries. I consider that on whether I think they are deserving, and they are one of the major employees and they do provide good jobs and a lot of those jobs are Queensbury people. This is a program that is monitored by the State and if they don’t live up to their performance projections then they don’t get anything. We may have to do some sacrificing to keep the good jobs here. SUPERVISOR STEC- With regard to the question of losing the thirty acres in Queensbury. Given that we have 1280 acres county wide divvied up and acknowledged by this and other governmental boards when that was created; and the law on the Empire Zones had to that point changed on almost annual or bi-annual basis. In the Town Board rezoning that property to highway commercial at the request of the owner in July of this year, that acreage is no longer eligible so if left unaddressed that would thirty acres of our twelve hundred eighty county wide that would be tied up in ineligible. My question in regards to the Town giving away thirty acres is if the rules don’t change in the next year or two and we find ourselves in at some point in a similar situation where we’ve got an employer who wants to make a substantial investment in jobs and capital and the location is not in the Empire Zone is it safe to say that it would be explored the possibility of reallocating other acres from other parts of the county? MR. FOSBROOK- There is a provision in this law for a regionally significant project. It is a fairly extensive set of criteria, but if that business met that than we could take acreage from a state wide pool and we wouldn’t suffer any loss of acreage here we would bring acreage into the county. The important thing here is we have two types of businesses in our economy. One is a primary business that generates its payroll and its revenue from outside this area, so it brings dollars to the area. The others are consumptive businesses, which actually grow and live off of those primary businesses payrolls. Only about thirty percent of our businesses are primary businesses, the rest are consumptive businesses. Finch Paper is a primary business and it adds significant dollars to our economy. These dollars in this economy do not realize where the political lines are drawn between towns and cities. They travel freely across those lines, so protecting primary businesses is really critical. If you lose a primary business you will have a proportionate loss in the consumptive businesses employment and revenue as well. This is why major employers REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 205 like Finch are critical to us and that’s why we do everything that we can in our organization to protect those businesses and keep them in our community. SUPERVISOR STEC- Here at the local level we do not write the Empire Zone law or are responsible for the creation of the performance measures. New York State writes that formula. COUNCILMAN SANFORD- At the local level we need not be encouraging this. By saying it is governed by New York State may be correct but what we are doing if this moves forward is that we are putting our stamp of approval on this. I just don’t think this is appropriate and I’m not going to be supporting it. SUPERVISOR STEC- ? Thank you to TV 8 and our sponsor who will be named at a later date. ? Town’s website: www.queensbury.net ? Thank you to the Highway Department for their hard work clearing the roads. They did a great job on our first big storm of the year. 6.0 RESOLUTIONS RESOLUTION OF SUPPORT AND CONCURRENCE WITH WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 519, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with New York State General Municipal Law §961 and by Warren County’s Local Law No.: 2 of 2001, Warren County authorized its application for designation of certain areas as an Empire Zone within the meaning of such statute and such designation was approved by the New York State Commissioner of Economic Development and such lands were formally designated by the Empire Zones Designation Board, and WHEREAS, the New York State Legislature and the Governor have enacted into law certain changes to the Empire Zones program whereby each existing Empire Zone must configure its existing zone acreage into six “distinct and contiguous” areas, and WHEREAS, in accordance with New York State General Municipal Law §957(d)(1), the Town of Queensbury has proposed the redesignation of the existing Warren County Empire Zone into six “distinct and contiguous areas,” which will include the Town of Queensbury, and WHEREAS, such redesignation could greatly benefit the Town in that new businesses would be encouraged to locate in the zone area, existing businesses would be REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 206 encouraged to expand in the zone area and new and expanded businesses would generate new jobs for Town residents, and WHEREAS, the Town of Queensbury intends to authorize the submission of an application for the redesignation of areas within the Town of Queensbury as an Empire Zone, and WHEREAS, the Town of Queensbury wishes to redesignate certain areas within the Town as part of the proposed Empire Zone, and WHEREAS, the Town of Queensbury wishes to work with Warren County through the Empire Zone Program to provide enhanced job opportunities for its residents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in its capacity as governing body of the Town of Queensbury, does hereby support and concur with the Warren County Empire Zone revision application to include: ? The addition of 11.10 acres to include tax parcel number: 310.5-7-8 ? The addition of 17.43 acres to include tax parcel number: 310.5-7-1 ? The deletion of 37.55 acres to include tax parcel number: 303.15-1-25 which parcels and tax map numbers must coincide exactly with the map presented at this meeting and made a part hereof in order to be effective, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to inform the Warren County Board of Supervisors of this action and the Town Supervisor and/or Town Counsel to take any and all actions necessary to effect this Resolution. th Duly adopted this 17 day of December, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Strough NOES: Mr. Boor, Mr. Sanford ABSENT: None RESOLUTION AUTHORIZING HIRING OF VIRGINIA PROSSER AS FULL-TIME, FIRST-SHIFT CLEANER FOR REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 207 BUILDING & GROUNDS DEPARTMENT RESOLUTION NO. 520, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that there is a vacant full-time, first-shift Cleaner position in the Building & Grounds Department, and WHEREAS, the Facilities Manager posted availability for the vacant position, reviewed resumes, applications, interviewed candidates and has recommended that the Town Board approve the hiring of Virginia Prosser, and WHEREAS, Town Policy requires that familial relationships be disclosed and the Town Board approve the appointment of Town employees’ relatives and Ms. Prosser is the sister of Rose Mellon, Deputy Town Clerk II, and WHEREAS, the Town Board has considered the Facilities Manager’s request and wishes to approve Ms. Prosser’s employment in this position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Facilities Manager to hire Virginia Prosser as a full-time, first-shift Cleaner beginning as soon as Ms. Prosser successfully passes the required pre-employment physical and completes all necessary documentation related to this position, with such hiring also subject to an eight (8) month probationary period, and BE IT FURTHER, RESOLVED, that Ms. Prosser shall be paid the hourly rate for the position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Fiscal Manager and/or Facilities Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 208 th Duly adopted this 17 day of December, 2007 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF YVONNE LASHWAY AS TEMPORARY, PART-TIME RECORDS CLERK RESOLUTION NO. : 521, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, due to a personnel vacancy relating to medical issues in her Department, the Town Clerk has requested Town Board authorization to hire Yvonne Lashway to work on a temporary, part-time basis as a Records Clerk, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives and Yvonne Lashway is the wife of Town Computer Technology Coordinator Ryan Lashway, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Yvonne Lashway to work on a temporary, part-time basis as a Records Clerk in th the Town Clerk’s Office effective December 6, 2007 at an hourly wage of $13.70, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk 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 17 day of December, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 209 ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF UNPAID MEDICAL LEAVE OF ABSENCE FOR RANDY BALL RESOLUTION NO.: 522, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Randy Ball, an employee in the Town of Queensbury Water Department, exhausted all paid leave available to him as well as unpaid leave time th relative to the Family Medical Leave Act (FMLA) as of June 9, 2007, and WHEREAS, Mr. Ball requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX and submitted medical documentation supporting a need for medical leave , and WHEREAS, by Resolution No.: 319.2007, the Town Board granted Mr. Ball an th unpaid medical leave extending through the earlier of September 9, 2007 or certification of his physical qualification for return to work documented by his physician in form satisfactory to the Town, and WHEREAS, by Resolution No.: 453,2007, the Town Board granted Mr. Ball an th extension of his unpaid medical leave extending through the earlier of November 26, 2007 or notification of Mr. Ball’s disability retirement from the New York State Retirement System, and WHEREAS, Mr. Ball has requested a second extension of his unpaid medical leave until such time as his disability retirement becomes effective, and WHEREAS, the Town’s Water Superintendent has recommended that the Town Board grant such extension, but that such extension be the final extension granted, and WHEREAS, the Town Board has carefully considered the circumstances of Mr. Ball’s request and the Water Superintendent’s recommendation, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 210 RESOLVED, that the Queensbury Town Board hereby authorizes and grants an extension of Randy Ball’s unpaid medical leave of absence extending through the earlier of: th 1.January 26, 2008; or 2.notification of Mr. Ball’s retirement from the New York State Retirement System; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Fiscal Manager to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers’ Compensation Benefits. th Duly adopted this 17 day of December, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES: None ABSENT: None ABSTAIN: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF BURLEY- GUMINIAK ASSOCIATES, PLLC FOR ENGINEERING AND SURVEY SERVICES IN CONNECTION WITH NORTHUP, BULLARD, LINDEN, PARK AREA WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 523, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 211 WHEREAS, the Town of Queensbury’s Water Superintendent has requested a proposal for engineering services concerning the replacement of water mains along Northup, Bullard, Linden and Park Street in the Town of Queensbury (Project), and WHEREAS, the Water Superintendent has recommended that the Town Board authorize engagement of Burley-Guminiak & Associates, PLLC, for engineering and survey services related to such Project for a fee not to exceed $34,215.00 as delineated in Burley- Gumiak’s Proposal dated November 13, 2007 presented at this meeting, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Burley-Guminiak & Associates, PLLC for engineering and survey services concerning the replacement of water mains along Northup, Bullard, Linden and Park streets in the Town of Queensbury (Project), for an amount not to exceed $34,215.00 as delineated in Burley-Guminiak & Associates’s Proposal dated November, 13 2007 presented at this meeting and as follows: A. Engineering Report, Design, Permitting and Bid Phase $11,305.00 B. Estimated cost Proposal for Construction Services $22,910.00 -------------- TOTAL PROJECT $34,215.00 (Estimated Fee) and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for Burley-Gumiak’s services shall be made by the transfer of $34,215.00 in funds from Transfer to Capital Project Account No.: 40-9950-9030 to Water Administration Engineering Services Account No.: 040-8310-4710, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 212 contingency or in the total amount not exceeding $1,710.75 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that upon completion of work and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid from Account No.: 040-8310-4710, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to take all actions needed to transfer such funds and amend the 2007 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Fiscal Manager to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of December, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION SUPPORTING WARREN COUNTY’S APPLICATION FOR GRANT FUNDS IN CONNECTION WITH 2007 ADIRONDACK PARK COMMUNITY SMART GROWTH GRANT PROGRAM RESOLUTION NO.: 524, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 213 WHEREAS, the New York State Department of Environmental Conservation in partnership with the Adirondack Park Agency and New York State Department of State is soliciting applications for grant funds under the 2007 Adirondack Park Community Smart Growth Grant Program, and WHEREAS, by Resolution No. 755 of 2007, the Warren County Board of Supervisors authorized R.S. Lynch & Company to submit an application for grant proceeds of up to $100,000.00 from such Program, and WHEREAS, there is no local cost-sharing obligation on the part of any Towns, Villages or Cities in Warren County, including the Town of Queensbury, choosing to support the grant application, and WHEREAS, the Town Board supports such grant application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of R. S. Lynch & Company’s grant application, on behalf of Warren County, for funds from the Adirondack Park Community Smart Growth Grant Program of the New York State Department of Environmental Conservation for grant proceeds not to exceed $100,000.00 as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Supervisor to forward a certified copy of this Resolution to the Warren County Board of Supervisors and take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of December, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 525, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 214 SECONDED BY: Mr. Tim Brewer WHEREAS, the following 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 and/or Accountant, 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: General Fund From To Code Appropriation Code Appropriation $ General Fund Demolition of unsafe 001-1990-4400 Contingency 001-3650-4400 Bldg. 11,500 001-5132-4070 Bldg. Maintenance 001-5132-2001 Misc. Equipment 54 001-5410-4477 Sidewalk Maintenance 001-5182-4305 Street Lighting 6,000 001-7020-1020 Recreation Salaries 001-7020-4400 Misc. Contractual 200 001-7020-1010 Recreation Salaries 001-7110-4800 Parks Equipment Repair 400 001-7020-1010 Recreation Salaries 001-7110-4110 Parks Vehicle Repair 1,500 001-7020-1010 Recreation Salaries 001-7020-4410 Recreation Fuel for Veh. 1,600 001-9010-8010 Retirement 001-6772-4418 Senior Bus Transportation 2,500 001-9010-8010 Retirement 001-1620-4300 Bldgs&Grds Electricity 15,000 Cemetery 002-8810-1010 Salaries 002-8810-4500 Heating Fuel 2,300 002-8810-2020 Vehicles 002-8810-1020 Overtime 900 Highway 004-5110-4620 Road Paving Materials 004-5130-4410 Fuel for Vehicles 11,000 Snow & Ice Melting 004-5130-4510 Radio Repairs 004-5142-4641 Agent 4,200 Snow & Ice Melting 004-5140-4009 Tree Trimming 004-5142-4641 Agent 900 W Qby Lighting 024-0000-0909 Appropriate Fund Bal 024-5182-5182 Street Lights 2,500 Qby Lighting 025-0000-0909 Appropriate Fund Bal 025-5182-4305 Street Lights 6,000 th Duly adopted this 17 day of December, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AWARDING BID FOR ALUMINUM SULFATE/LIQUID ALUM AND SODA ASH AND AUTHORIZING EXTENSION OF BID AWARD FOR SODIUM HYPOCHLORITE RESOLUTION NO. 526, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 215 WHEREAS, the Town of Queensbury duly advertised for bids for Aluminum Sulfate/Liquid Alum and Soda Ash in accordance with the Town Water Department Bid Specifications, and WHEREAS, the Town’s Purchasing Agent, Water Superintendent and Water Engineer have reviewed the bids and recommended that the Town award the bids to the lowest responsible bidders, and WHEREAS, by Resolution No.: 614, 2006, the Town Board authorized an extension of the 2006 bid award for Sodium Hypochlorite to Surpass Chemical Co., Inc., for the st amount of $0.865 per gallon delivered through December 31, 2007, and WHEREAS, the Town’s Water Engineer has advised that the Water Department and Surpass Chemical Co., Inc., have mutually agreed to extend the 2007 bid award through st December 31, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for Aluminum Sulfate/Liquid Alum to Holland Company, Inc., for the amount of $326.36 per ton and awards the bid for Soda Ash to Astro Chemicals, Inc., for the amount of $355.00 per ton to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes an extension of the bid award for Sodium Hypochlorite to Surpass Chemical Co., Inc., for the amount of $0.865 per gallon to be paid from the appropriate Town Water Department Account, and BE IT FURTHER, st RESOLVED, that all such bid awards shall be effective through December 31, 2008 with an option at such time to extend such bid awards for a period of 12 months or st through December 31, 2009, with any extended bid award to be subject to the same terms and conditions of the original bid, with no surcharges, add-ons or tariffs to be added, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 216 RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Engineer, Water Superintendent and/or Town Fiscal Manager to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of December, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF DECEMBER 17, 2007 RESOLUTION NO.: 527, 2007 INTRODUCED BY: Mr. John Strough 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 December 13, 2007 and a payment date of th December 18, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of December 13, 2007 and payment date of December 18, 2007 totaling $235,381.42, 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 17 day of December, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 217 RESOLUTION ACCEPTING DEDICATION OF BEACON HOLLOW DRIVE IN THE AUTUMN RIDGE SUBDIVISION RESOLUTION NO. 528, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Hayes Construction Group, LLC has offered a deed to the Town of Queensbury to dedicate Beacon Hollow Drive in the Autumn Ridge Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen , & Steves Land Surveyors, LLC February 23, 2007and WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the developer completing the top coat of th the black-top within two years of the date of acceptance or by December 17, 2009, and if applicable, all drainage easements being in place, and WHEREAS, Hayes Construction Group, LLC has provided the Town with a th $22,000 cash escrow to ensure placement of the top coat on the road by December 17, 2009 consistent with the Town Highway Superintendent’s requirements, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, the form of the deed and title to the road offered for dedication has been reviewed by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of Beacon Hollow Drive in the Autumn Ridge Subdivision, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including an Escrow Agreement in form acceptable to Town Counsel and the REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 218 Town Fiscal Manager, and the written approvals of the Water and Sewer Departments and Highway Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Hayes Construction Group, LLC to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Beacon Hollow Drive Road Number: 555 Description: Beginning at Ridge Road and continuing in a north westerly direction a distance of 993’± and .19 hundredths of a mile and ending at a cul- de-sac Feet: 993’ and .19 of a mile . th Duly adopted this 17 day of December, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford ABSENT: None NOES: None 7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE DISCUSSION: SUPERVISOR STEC- Wished everyone a happy holiday from the Town Board. COUNCILMAN SANFORD- I’m not necessarily advocating for an executive session, although, we were scheduled to have one regarding the hiring of attorney’s moving forward. That’s fine; maybe the proposals haven’t come in yet. SUPERVISOR STEC- They were suppose to come in today COUNCILMAN SANFORD- Okay, but for the record, I do want to state just so it is clear and so it is established that at our last meeting we had an executive session. The Board made a decision that we will not paying any additional moneys to our law firm as REGULAR TOWN BOARD MEETING 12-17-2007 MTG # 51 219 they requested and that the contract will stand as written and I anticipate that they either have been or will shortly be communicated of that decision. I just want the record to show that is going to happen. I know it was an outstanding issue that was covered in the press and I wanted to make sure that they know that there was closure on that by this Board, there will no additional provisions. SUPERVISOR STEC- Thanked the outgoing Board Members for their service to the Town. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 529, 2007 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 17 day of December, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None Respectfully, Darleen Dougher Town Clerk Town of Queensbury