The URL can be used to link to this page

2008-05-05 MTG#19REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 683 REGULAR TOWN BOARD MEETING MTG#19 MAY 5, 2008 RES# 242-268 7:00 P.M. B.H. 5-6 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS BUDGET OFFICER, BARBARA TIERNEY ASSESSOR, TERI, ROSS WATER SUPERINTENDENT, BRUCE OSTRANDER WATER DEPARTMENT ENGINEER, CHRIS HARRINGTON PRESS TV 8, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 242, 2008 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 5 day of May, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KENNETH AND CAROL FUCHSLOCHER RESOLUTION NO.: BOH 5, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 684 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Kenneth and Carol Fuchslocher have applied to the Local Board of Health for variances from Chapter 136 to install a replacement septic tank: 1.31’ from Lake George instead of the required 50’ setback; and 2.1’ from the foundation instead of the required 10’ setback; on property located at 2948 State Route 9L in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, May 19, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kenneth and Carol Fuchslocher’s sewage disposal variance application concerning property located at 2948 State Route 9L in the Town of Queensbury (Tax Map No.: 239.20-1-14) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 6, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 685 th Duly adopted this 5 day of May, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT:None QUEENSBURY TOWN BOARD 2.0PUBLIC HEARINGS PUBLIC HEARING – TOWN HIGHWAY DEPARTMENT’S REPLACEMENT OF COLLAPSED MANHOLE COVERS LOCATED ON WEST GLENS FALLS VOLUNTEER FIRE COMPANY’S PROPERTY AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT OPENED NOTICE SHOWN PUBLICATION DATE: APRIL 25, 2008 SUPERVISOR STEC-We did something similar to this with the same Fire Company last year involving drainage structures in their asphalt parking lot that we refer to here in the resolution as manhole covers. They are basically concrete structures that need to be replaced. These are two different structures than what the highway department worked on last year. The Highway Department can assist the Fire Company in doing this it will actually be less expensive if they do it this way. In order to allow this we needed to amend their contract which requires us to have this public hearing. The Highway Superintendent has estimated that the amount of labor to be provided for accounting purposes will not exceed twelve hundred dollars. The Fire Company will provide the materials, but the Highway Department will schedule with them a couple days in order to do the work so that is the purpose of the public hearing. Is there anyone from the public that would like to comment or ask any questions on this public hearing just raise your hand? NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING TOWN HIGHWAY DEPARTMENT’S REPLACEMENT OF COLLAPSED MANHOLE COVERS LOCATED ON WEST GLENS FALLS VOLUNTEER FIRE COMPANY’S PROPERTY AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT RESOLUTION NO.: 243, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 686 the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, two (2) manhole covers located on the Fire Company’s property, specifically on the north side of the Firehouse located at 33 Luzerne Road, have collapsed, and WHEREAS, this unexpected property damage will increase the cost of providing necessary fire protection services to the Town, and WHEREAS, the Town Highway Superintendent advised the Fire Company and Town Board that the Highway Department could make the needed repairs with the dollar value of in-kind services estimated not to exceed $1,200 where the Fire Company will pay the cost of the necessary materials, and th WHEREAS, on Monday, May 5, 2008, the Town Board held a public hearing concerning this matter and the corresponding amendment to the Fire Company’s Fire Protection Agreement, and the Town Board heard all interested persons, and WHEREAS, the Town Board feels that the proposal will cost less to the Town’s taxpayers than the Fire Company paying to correct this damage by contracting with a third party and has determined that it is necessary and in the public interest to act on such proposal to facilitate continued provision of necessary fire protection services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the estimated $1,200 increase in the West Glens Falls Volunteer Fire Company, Inc.’s budget for the Town Highway Department to replace collapsed manhole covers on the north side of the Fire Company’s station located at 33 Luzerne Road, and the corresponding amendment to the Fire Company’s Agreement with the Town of Queensbury for fire protection services for the year 2008 by an additional $1,200 and correspondingly authorizes an amendment to the Fire Company’s Agreement with the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Fire Company in form approved by Town Counsel, and BE IT FURTHER, REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 687 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to take all action necessary totransfer $1,200 from the Town’s fire services budget and the 2008 Fire Company Contractto reimburse the Town Highway Department for the material costs incurredso that Town Highway funds are not being used for this purpose and amend the 2008 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of May, 2008 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None PUBLIC HEARING – TO AMEND QUEENSBURY TOWN CODE CHAPTER 155, “TAXATION” BY AMENDING ARTICLE III ENTITLED “EXEMPTION FOR VETERANS” OPENED NOTICE SHOWN PUBLICATION DATE: APRIL 25, 2008 SUPERVISOR STEC-We have our Assessor here Teri Ross, I will ask Teri to come up in a minute to add a little bit to what I am going to try to do. I promise I won’t try to summarize it in as great a detail as I did two weeks ago because it is a complicated thing to follow. The Town currently has exemptions for veterans on their property taxes if you prove that you are a veteran. Under the former State Legislation under certain times and certain locations theaters you were eligible for an exemption off of your Town property tax separately, but similarly the County also has a similar law and a similar exemption. The State a few years ago they increased, they basically adjusted for inflation is how I understand it they allowed a larger exemption. Most Town’s in Warren County and the County they increased it, but they didn’t increase it all the way to the maximum. The County is looking at and I believe in the next two weeks will be enacting very similar legislation to max it out to the maximum, which is a two hundred and forty dollars assessed value is eligible depending on circumstances for either fifteen or twenty five percent of that total assess value exemption. On the one hand what we are going to have a public hearing on tonight is to increase that total exemption for an amount for an existing program. I will point out not by way of self congratulations, but by way of clarification that because the Town does not have a Town property tax in the general fund that this does not impact the Town tax base or the taxation at the Town level at all. Why do it, it will be on the books in case heaven forbid the Town has a property tax in the future that will be on the books we were in a similar scenario a couple of years ago when we increased that. More importantly, however, the State and I congratulate the State for doing this in particular Betty and Theresa for supporting this. As, I said before the current exemptions that we have and this is important if you are watching at home and you are a veteran you might want to just tune in for a second here because I want to make sure it is one of those situations if you don’t sign for the exemption you don’t get it so you need to know. A lot of veterans served and did not qualify for the original exemption that I just described because it was basically limited to times of war and locations of war. If you were a cold war veteran, i.e. if you served in most of the eighties and good part of the nineties you were not eligible to receive that exemption. The State, I think realized REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 688 that doesn’t make a whole lot of sense if you are a veteran you are a veteran if doesn’t matter where you served or under what conditions you signed up you don’t know what you signed up for. They attempted to correct that recently by allowing what has been called the Cold War Veterans Exemption, which is another exemption. It is structured the formula is a little different frankly, I don’t think it is as quite a good a deal as the other one, but it is better than nothing. Again, at the Town level for cold war vet’s all you need to do is go into the Assessor’s Office they will help you sign up for this. It is a one page document you are bringing your DD2-14 you fill out the paper work you bring in a copy of your tax information they will take care of it you sign up for it once you don’t have to sign up for it anymore. Again, I am explaining in detail because I know that there are veterans that are out there that will say we are not eligible for that exemption because we didn’t serve in World War II, we didn’t serve in Vietnam, and we didn’t serve in the Gulf War. This is the legislation that you have been waiting for the State to pass this makes you eligible for something. Again, because the Town doesn’t have a Town tax don’t get excited about the tax savings that you will get as a veteran from the Town. However, the County is about to pass the same legislation again you fill out the paperwork at the Town it is good for both the Town and the County. If you fill this out if you are a Cold War veteran you will get the exemption and you will see it is not a ton of money, but you will see a break on your county taxes. Like, I said I did this before the public hearing because I wouldn’t ask anyone to transcribe this verbatim. We transcribe the comments of public hearings verbatim. I wanted to at least get some information out there with that said Teri would you like to add anything? ASSESSOR, TERI ROSS-You summarized that very well Dan. I can just reiterate that st you need to come and file the exemption and it has to be before March 1. This is only on Town and County taxes again we don’t have a Town tax so it isn’t really benefiting the Town unless we ever do, it does really benefit you for the County tax. You sign up once if you can’t find you DD 2-14’s or a copy of your deed we contact the Veteran’s Administration for you at Warren County they are very helpful. They will actually fill in the paper work for you or if you are having problems with that we would be glad to do st that for you as well. Again, that has to be by March 1 and it is for Town and County taxes school district don’t recognize veteran exemptions. st SUPERVISOR STEC-As far as March 1 goes that means that basically they have plenty of time for next year. ASSESSOR, ROSS-Yes. The Cold War is essentially between the wars that is what they are determining now. It is between Korean, Vietnam, World War II, and Korea in the eighties like Dan said pretty much covering all of the veterans now. COUNCILMAN BREWER-Certainly if they come in now after the March deadline the following year they will get the exemption. ASSESSOR, ROSS-This would be the first year that we are raising the exemption amount on….. COUNCILMAN BREWER-I just don’t want people to think because it is after March they can’t come in still file. ASSESSOR, ROSS-They can come in right now and just do it now and will be on. SUPERVISOR STEC-After the local law has been filed. ASSESSOR, ROSS-Right. SUPERVISOR STEC-So give us wait until Memorial Day come on in and the Assessor’s Office can help you fill that out it has to be on your primary residence. ASSESSOR, ROSS-On your primary residence. We have the forms in our office or you can download them from our website from the Queensbury website or also the Office of Real Property Tax Services for the State’s website as well. REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 689 SUPERVISOR STEC-Hopefully, I didn’t confuse anyone too much like I said there are two things here. We are increasing an exemption cap on the one hand. On the other hand we are adding in a Cold War exemption for the Cold War veterans. At the Town level presently it won’t factor in financially at all this year at the County level it will have an impact. ASSESSOR, ROSS-As far as increasing that cap you don’t have to reapply it is retroactive if you have already applied for the veteran’s exemption you don’t have to reapply for it. SUPERVISOR STEC-In the Town there is over a thousand that currently get this exemption. ASSESSOR, ROSS-Twelve hundred. SUPERVISOR STEC-That is important to get out there, too. If you are already getting this exemption you don’t have to do anything. ASSESSOR, ROSS-You can’t get both. SUPERVISOR STEC-You can’t get both fair enough thanks Teri. I will open the public hearing if there are any members of the public that would like to comment or ask any questions on this exemption on this public hearing we would just ask that you raise your hand. NO PUBLIC COMMENT SUPERVISOR STEC-Hearing none I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO. 4, OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 155, “TAXATION” BY AMENDING ARTICLE III ENTITLED “EXEMPTION FOR VETERANS” RESOLUTION NO. 244, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 4, of 2008 to amend Queensbury Town Code Chapter 155, “Taxation,” Article III thereof entitled, "Exemption for Veterans,” to provide for an increase in the cap or maximum exempt amount for Veterans’ tax exemptions in accordance with New York State Real Property Tax Law §458-a and provide for a Cold War Veteran’s Exemption in accordance with New York State Real Property Tax Law §458-b, and WHEREAS, this legislation is authorized in accordance with New York State Real Property Tax Law §458-a and §458-b and New York State Municipal Home Rule Law §10, and REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 690 th WHEREAS, the Town Board duly held a public hearing on Monday, May 5, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 4, of 2008 to amend the Queensbury Town Code Chapter 155, “Taxation,” Article III thereof entitled, "Exemption for Veterans” as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None LOCAL LAW NO.: 4, OF 2008 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 155 “TAXATION” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. The purpose of this law is to provide for an increase in the cap or maximum exempt amount for Alternative Veterans tax exemptions allowable in accordance with New York State Real Property Tax Law §458-a and also provide for a Cold War Veteran’s Exemption in accordance with New York State Real Property Tax Law §458-b. Section 2. Chapter 155 of the Queensbury Town Code entitled "Taxation," Article III thereof entitled “Exemption for Veterans,” §155-10, subsections A, B and C are hereby amended as follows: § 155-10. Exemptions granted. REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 691 In accordance with New York State Real Property Tax Law §458-a, Subdivision 2(d), the maximum veterans exemption allowable from real property taxes is established as follows: A.Qualifying residential real property shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided however that such exemption shall not exceed the lesser of Thirty-Six Thousand Dollars ($36,000) or the product ofThirty-Six Thousand Dollars ($36,000) multiplied by the latest state equalization rate for the assessing unit. B.In addition to the exemption provided by paragraph (A) of this subdivision, where the veteran served in a combat theatre or combat zone of operations, as documented by the award of a United States campaign ribbon or service medal, or the armed forces expeditionary medal, navy expeditionary medal, marine corps expeditionary medal, or global war on terrorism expeditionary medal, qualifying residential real property also shall be exempt from taxation to the extent of ten percent (10%) of the assessed value of such property; provided, however, that such exemption shall not exceed the lesser of Twenty-Four Thousand Dollars ($24,000) or the product ofTwenty-Four Thousand Dollars ($24,000) multiplied by the latest state equalization rate for the assessing unit. C.In addition to the exemptions provided by paragraphs (A) and (B) of this subdivision, where the veteran received a compensation rating from the United States Veterans Administration or the United States Department of Defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by fifty percent (50%) of the veteran’s disability rating, provided, however, that such exemption shall not exceed the lesser of One-Hundred Twenty Thousand Dollars ($120,000) or the product ofOne-Hundred Twenty Thousand Dollars ($120,000) multiplied by the latest state equalization rate for the assessing unit. For purposes of this paragraph, where a person has served in the active military, naval or air service during a period of war died in service of a service connected disability, such person shall be deemed to have been assigned a compensation rating of one hundred percent (100%). Section 3. Chapter 155 of the Queensbury Town Code entitled "Taxation," Article III thereof entitled “Exemption for Veterans,” §155-10, is further amended to add the following new language directly following subsection C as follows: REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 692 In accordance with New York State Real Property Tax Law §458-b, the maximum Cold War Veterans exemption allowable from real property taxes is established as follows: A.Qualifying residential real property of veterans of the United States armed forces who served during the Cold War (defined as September 2, 1945 to December 26, 1991) shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided however that such exemption shall not exceed the lesser of Twelve Thousand Dollars ($12,000) or the product of Twelve Thousand Dollars ($12,000) multiplied by the latest state equalization rate for the assessing unit. B.In addition to the exemption provided by paragraph (A) of this subdivision, where the Cold War veteran received a compensation rating from the United States Veterans Administration or the United States Department of Defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by fifty percent (50%) of the veteran’s disability rating, provided, however, that such exemption shall not exceed the lesser of Forty Thousand Dollars ($40,000) or the product of Forty Thousand Dollars ($40,000) multiplied by the latest state equalization rate for the assessing unit. For purposes of this paragraph, where a person has served in the active military, naval or air service during a period of war died in service of a service connected disability, such person shall be deemed to have been assigned a compensation rating of one hundred percent (100%). Section 4. 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 5. 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. Section 6. Effective Date - This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. PUBLICHEARING–AUTHORIZINGTRANSMISSIONSYSTEM IMPROVEMENTSINAREAOFNORTHUPDRIVE,BULLARDAVENUE, LINDENAVENUEANDSECTIONOFPARKPLACEWITHINQUEENSBURY CONSOLIDATEDWATERDISTRICT OPENED NOTICESHOWN PUBLICATIONDATE:APRIL25,2008 REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 693 SUPERVISOR STEC: There are resolutions associated with this public hearing. One authorizes the improvements. The second one establishes the capital project fund for the improvements. The third one authorizes the advertising the bids for the improvements. There will be three we will go through them after the public hearing. With that said Bruce why don’t I ask you to come up or Chris whoever is heading this up for you to give a little history as to the age, the vintage, and composition of what we are replacing, the scope, and your intended ballpark time line. The dollar and cents of this are including engineering that we are establishing a capital project and we are authorizing four hundred forty one thousand dollars and change for construction and engineering work. We are talking about almost a half a million dollar project hopefully less, we will know when we get down to bid. WATER SUPERINTENDENT, OSTRANDER-I have with me Toby Bogart, Burley Guminiak and Associates Consulting Engineers. WATER SUPERINTENDENT, OSTRANDER-The pipe was put in the early sixties it is inferior quality AC pipe. It breaks very easily and we have had multiple breaks over the last several years. Anywhere we have AC pipe the breaks just seem to follow where that pipe is so we are in the process of trying to remove and replace all the AC pipe in the Town of Queensbury. SUPERVISOR STEC-This particular section again we are talking Park Place, Linden. WATER SUPERINTENDENT, OSTRANDER-Northup and Bullard. SUPERVISOR STEC-And Bullard. COUNCILMAN MONTESI-AC pipe what is that? WATER SUPERINTENDENT, OSTRANDER-Asbestos cement. SUPERVISOR STEC-Now we will get calls on that tomorrow. That was in construction that is what they used. WATER SUPERINTENDENT, OSTRANDER-That’s what they used it is an acceptable material. SUPERVISOR STEC-Right, yeah we don’t want to have a panic on our hands. How much more AC pipe do we have out there after we remove this is there much left? WATER SUPERINTENDENT, OSTRANDER-Not that much there is still some more. We have a short section on Carleton a short section on Bentley and Hughes Court. I think there is some on Linden and maybe Pinewood and that will be it. SUPERVISOR STEC-Time line if we adopt these tonight we would be getting out to bid and we are looking at construction what month? WATER SUPERINTENDENT, OSTRANDER-Hopefully construction would start in the middle of June about six to eight weeks. SUPERVISOR STEC-Basically the front half of summer. Obviously you will be communicating with the neighbors so they will know when they are going to lose water when they are not, when to boil water, etc. WATER SUPERINTENDENT, OSTRANDER-We will communicate as soon as we know who the contractor is going to be I will send a letter out to all the people in that area. SUPERVISOR STEC-Okay. I will open the public hearing before you guys get up I will ask the board if they have any immediate questions now. We will open the public hearing if the board has any questions for Bruce or our engineer? Is there any members of the public that would like to comment or question on this public hearing. REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 694 DAN KANE, 21 LINDEN AVENUE-First, I want to wish Mr. Strough a Happy Birthday today he is looking good for his age. SUPERVISOR STEC-His age. Happy Birthday. MR. KANE-A couple of quick comments. I have chatted with Bruce about the schedule and some of the issues and have gotten some information I think we are in sync with what is going on and certainly the schedule in notifying the neighbors is going to help. You had mentioned a capital project is this going to impact our water bills in that water district at all? SUPERVISOR STEC-He is saying no why don’t you discuss the financing very briefly Bruce. WATER SUPERINTENDENT, OSTRANDER-The financing will be from the fund balance nothing will be increasing the tax or the water rate. MR. KANE-Good, good. The other thing in conjunction with that we have had and I have lived in that neighborhood for almost nineteen years now, but there has been a high water table there. There is some concern they are attesting to that there is a really high water table this time of year anyway. In conjunction with this hopefully the Town can look a little closer at what is going on in that whole Broad Acres. Our neighborhood a lot of us are pumping quite a bit because of the high water table Mr. Strough has talked about that. COUNCILMAN BREWER-Mr. Kane there is a lot of pumping going on everywhere in this Town. COUNCILMAN STROUGH-I have Vision Engineering already putting together an assessment of current storm water drainage. Then we will look at where the problems are then we will see what the future needs might be and possibly amend that so that will somewhat mitigate that problem. MR. KANE-There is an existing system at least on our street that has never been tied into. I know that over the years I have talked to various representatives and they said you have dry storm water that goes right under your road there are no inlets that go into it so we are looking at trying to coordinate that so that maybe that will help some of the problems over there. WATER SUPERINTENDENT, OSTRANDER-Mr. Kane has a drywell and we are looking during construction to hook that drywell to that existing system. SUPERVISOR STEC-That would be great. Dan Ryan from Vision Engineering he will help guide us in this, but certainly if there are opportunities to do exactly what you just mentioned for anyone else in that area if we have an under utilized asset that we can let people connect to it’s the time to do it. MR. KANE-There is an existing infrastructure there let’s see if that will elevate some of the problem. SUPERVISOR STEC-That is exactly the kind of scenario that Tim is working on right now in his Ward in Bedford Close. There is an existing storm drain that happens to go through there they have water table problems in there themselves right now we are looking to do exactly that same sort of thing why you have the street dug up do it once. MR. KANE-I have chatted with Mike in the Highway Department that is something we are trying to coordinate we are excited about it. SUPERVISOR STEC-Great. Thanks Mr. Kane. Is there anyone else that would like to comment on this public hearing? I will close the public hearing like I said we have three resolutions. REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 695 PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING WATER TRANSMISSION SYSTEM IMPROVEMENTS IN AREA OF NORTHUP DRIVE, BULLARD AVENUE, LINDEN AVENUE AND SECTION OF PARK PLACE WITHIN QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 245, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by replacing water mains on Northup Drive, Bullard Avenue and Linden Avenue and a section of Park Place installing a water main and copper service lines to the homes served, all in accordance with New York State Town Law §202-b, and WHEREAS, Burley-Guminiak & Associates, professional engineers, have prepared an Engineer’s Report (the “Map and Plan”) concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, and WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), and th WHEREAS, on April 7, 2008, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the proposed improvements; (b) the maximum amount proposed to be expended for the improvements; (c) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (d) the time and place of a public hearing on the proposed Water District improvements, and REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 696 WHEREAS, a public hearing on the proposed Water District improvements was th duly held on Monday, May 5, 2008 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law §202-b, and WHEREAS, the Town has the funds to pay for the proposed Water District improvements in a Capital Reserve Fund previously established, and WHEREAS, any expenditure from such Capital Reserve Fund is subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that these actions are Type II actions under the State Environmental Quality Review Act (SEQRA) and therefore are exempt from SEQRA review, and BE IT FURTHER, RESOLVED, that it is the determination of the Queensbury Town Board that: 1.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2.It is in the public interest to authorize and approve the improvements to the Queensbury Consolidated Water District as described in the Map and Plan on file with the Queensbury Town Clerk, such improvements generally being the: (a) replacement of existing 6” diameter asbestos cement (ACP) water mains with class 52 (heavy wall) 8” ductile iron pipe (DIP) along Northup Drive, Bullard Avenue, Linden Avenue and a section of Park Place between Bullard and Linden Avenue; and (b) replacement of service laterals to individual property lines with ¾” copper pipe; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 697 previously described Map and Plan and construction of the improvements may proceed and service provided subject to the following: 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as set forth above and in the Map and Plan, in an amount not to exceed $441,215.00 shall be paid for from the Water District’s Capital Reserve Fund subject to a permissive referendum in the manner provided in New York State Town Law Article 7, and BE IT FURTHER, RESOLVED, that 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 5 day of May, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #170 – WATER TRANSMISSION SYSTEM IMPROVEMENTS IN NORTHUP DRIVE AREA WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 246, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to establish a Capital Project Fund to fund the design, contract administration, construction and easement preparation services in connection with the replacement of water mains on Northup Drive, Bullard REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 698 Avenue, Linden Avenue and a section of Park Place (Northup Drive Area Water Replacement Project), and WHEREAS, by prior Resolution, the Town Board authorized the improvement to the Consolidated Water District’s water transmission facilities by authorizing such replacement of water mains in accordance with New York State Town Law §202-b, and WHEREAS, the total Project cost is estimated to be $441,215.00 and 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 Northup Drive Area Water Main Replacement Project Fund #170, which Fund will establish funding for expenses associated with the design, contract administration, construction and easement preparation services in connection with the replacement of water mains on Northup Drive, Bullard Avenue, Linden Avenue and a section of Park Place (Northup Drive Area Water Replacement Project), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by a transfer of $441,215.00 from Water Capital Reserve #065, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #170 in the amount of $441,215.00, and BE IT FURTHER, RESOLVED, that the 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. 170-0000-55031 – Interfund Transfers -$441,215.00 ? Expense Account No. 170-8340-2899 - Capital Construction -$406,000.00 ? Expense Account No. 170-8340-4403 – Engineer/Surveyor - $ 35,215.00 and REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 699 BE IT FURTHER, RESOLVED, that the Town Board further 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, and BE IT FURTHER, RESOLVED, that this Resolution authorizing the transfer of funds from the Water District Capital Reserve Fund No.: 065 shall be subject to a permissive referendum in the manner provided in New York State Town Law Article 7, and BE IT FURTHER, RESOLVED, that 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 5 day of May, 2008 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR WATER MAIN REPLACEMENT IN AREA OF NORTHUP DRIVE, BULLARD AVENUE, LINDEN AVENUE AND SECTION OF PARK PLACE WITHIN QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 247, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 523,2007, the Queensbury Town Board authorized engagement of Burley-Guminiak & Associates, PLLC for engineering and survey services concerning the replacement of water mains along Northup, Bullard, Linden and Park Street in the Town of Queensbury (Project), and REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 700 th WHEREAS, by Resolution dated May 5, 2008, the Town Board authorized such improvements to the Queensbury Consolidated Water District, and WHEREAS, Burley-Guminiak & Associates, PLLC has prepared bid documents and specifications to advertise for bids for the improvements authorized by such Resolution, such work to include, among other things: (a) replacement of existing 6” diameter asbestos cement (ACP) water mains with class 52 (heavy wall) 8” ductile iron pipe (DIP) along Northup Drive, Bullard Avenue, Linden Avenue and a section of Park Place between Bullard and Linden Avenue; and (b) replacement of service laterals to individual property lines with ¾” copper pipe; and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent and/or Burley-Guminiak & Associates, PLLC to post and publish an advertisement for bids to be prepared by Burley-Guminiak & Associates, PLLC for the replacement of water mains along Northup, Bullard, Linden and Park Street in the Town of Queensbury (Project) and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Purchasing Agent to open all received bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY JOHN SALVADOR-Spoke regarding Resolution Setting Public Hearing on Change of Zone for Property Owned by Capital Region Properties, LLC From Rural Residential – 3 Acres (RR-3A) to Recreational Commercial – 3 Acres (RC-3A). His concerns are that REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 701 the Town’s current RC-3A zone with its allowable uses is not tailored for North Queensbury. It was put together to take care of places like West Mountain, Great Escape, things like that not necessarily that kind of recreation in North Queensbury. The current RC zone includes a camp ground by definition camp ground includes RV Parks, Amusement Center as well as out door events and other uses, which might come along as a result of the evident zoning changes. Mr. Metivier pointed out that his constituents were opposed to the first concept of a RV Park at this location, which would have been out of sight. Just over a year ago Mr. Stec spoke out on the subject of RV Parks in North Queensbury (read from letter addressed to the President of Dunham’s Bay Association) the proposal as put forth does not represent a very cautious approach. Even if the zoning change is approved the facilities on the thirteen acre parcel will be nonconforming from a density perspective because in the Adirondack Park in a RC-3 acre zone allows one principal building per three acres. A thirteen acre parcel would yield an allowable four buildings. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke regarding Resolution Authorizing Standardization of Certain Equipment in the Town’s Water Department asked what is being done. SUPERVISOR STEC-The Water Department Engineer had inquired and worked with the Town’s Attorney on the idea of standardizing certain purchases for certain motors rather than having five or six different drives from different manufacturers. It would be cheaper in the long run to have some standardization of these things. This would allow motors over forty five horsepower and drives to be standardized to ABB, Inc., that who supplies a majority of them right now if not all. The other part of this it would also standardize automatic control valves over four inches in diameter to a Ross Valve. MR. TUCKER-Questioned if this would affect the bidding process. SUPERVISOR STEC-They worked on this with the Town Attorney and he said no that standardization for these reasons is allowed. DR. MARK HOFFMAN, FOX HOLLOW LANE-Spoke regarding Resolution Setting Public Hearing on Composting is glad the Town Board is promoting composting educational pieces it is a great thing for residents to promote the environment is concerned about the proposed law as being slightly overly proscribed and prescribed. We need to give property owners the flexibility to adapt their composting to the particulars of their property. Spoke regarding the rezoning resolutions concerned that we are rolling right along with a bunch of ad hock rezoning we are not paying proper attention to the Town wide rezoning, which really cries out for urgent attention hopes this is attended to as quickly as possible. Spoke regarding resolution appointing member to Zoning Board of Appeals. Does not have an opinion on that person, but in terms of the process of selecting people to these boards whether it be the Zoning Board or Planning Board questions whether the use of executive session is really appropriate for the interviews the bulk of the interview should be opened to public scrutiny. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING STANDARDIZATION OF CERTAIN EQUIPMENT IN THE TOWN’S WATER DEPARTMENT RESOLUTION NO.: 248, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 702 WHEREAS, New York State General Municipal Law §103(5) provides for municipalities to standardize certain equipment related to purchase contracts for reasons of efficiency and economy, and WHEREAS, the Town of Queensbury’s Water Department wishes to purchase equipment that will improve the reliability of its service, specifically, the replacement of an existing Robicon Variable Frequency Drive with a new Variable Frequency Drive, and WHEREAS, the Water Department’s Civil Engineer has requested Town Board authorization to standardize on Large Variable Frequency Drives on motors over 75 horsepower so that all such Drives would be required to be manufactured by ABB, Inc., as the Water Department feels that, among other reasons, it would be uneconomical to store microprocessor boards for each and every type of drive that the Department may have, and such standardization would also allow the Department to respond efficiently to emergencies, thereby allowing the Department to respond quickly to its goal of providing safe and plentiful water to its customers, and WHEREAS, the Civil Engineer has also requested authorization to standardize automatic control valves over 4” in diameter so that all such automatic control valves would be required to be manufactured by Ross Valve, as the Water Department feels that, among other reasons, it would be much more economical to store parts for one manufacturer’s product than for several different manufacturers’ products, the Town’s distribution personnel is able to troubleshoot and often repair in-house problematic valves because of the Department’s longstanding familiarity with the product, the product is completely assembled in Troy, New York, and Ross Valves has a reputation for pricing their products reasonably, and WHEREAS, in both situations it is important that Town employees be trained and familiar with these products so that repairs and replacements can be made promptly to be able to continue to provide water to Town residents and standardization will allow just such training, and WHEREAS, the Town Board believes that for the above reasons including the economy of purchase and efficiency of repairs and installation, it should authorize the standardization of such equipment, and WHEREAS, the Town Water Superintendent will continue to analyze these products to make sure that the reasons for standardization continue to exist and be valid, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 703 RESOLVED, in accordance with General Municipal Law §103(5), and for the reasons set forth in the preambles of this Resolution including economy of purchase and efficiency of repairs and installation, the Queensbury Town Board hereby authorizes the standardization of equipment as follows: ? Large Variable Frequency Drives on Motors Over 75 Horsepower shall be manufactured by ABB, Inc.; and ? Automatic Control Valves Over 4” in Diameter shall be manufactured by Ross Valve; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent and/or Water Department Civil Engineer to take any actions necessary to provide for such equipment standardization in the Town of Queensbury’s Water Department and the Town Supervisor, Water Superintendent and Civil Engineer to take any further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO. :249, 2008 INTRODUCED BY Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire one (1) temporary Laborer to work during the summer for the Town’s Water Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of one (1) temporary Laborer, Patrick Hughes, to work during the summer for the REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 704 Town Water Department commencing in May, 2008, subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such temporary employee shall be paid $12.50 per hour as set forth in Town Board Resolution No.: 51,2008 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent 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 5 day of May, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JAMES ROBERT SMITH AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO. : 250, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a temporary Laborer to work for the summer for the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of James Robert Smith as a temporary Laborer to work for the summer in the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements commencing in May, 2008, subject to the Town REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 705 successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that Mr. Smith shall be paid $12.50 per hour as set forth in Town Board Resolution No.: 51,2008 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent 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 5 day of May, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None RESOLUTION AUTHORIZING HIRING OF BETTE J. LEWIS AS TEMPORARY CLERK AT TOWN COURT RESOLUTION NO. : 251, 2008 INTRODUCED BY Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, due to personnel vacancies relating to medical issues in Town Court, the Queensbury Town Justices have requested Town Board authorization to hire Bette J. Lewis to work on a temporary basis as a Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the nd hiring of Bette J. Lewis to work as a Clerk in Town Court through August 22, 2008 at an hourly wage of $13.00, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Justices and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 706 th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION APPOINTING JOHN ZANGHI AS ALTERNATE MEMBER OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 252, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, a vacancy for an alternate member position exists on the Zoning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint John Zanghi as an alternate member of the Zoning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints John Zanghi to serve as an alternate member of the Queensbury Zoning Board of Appeals, such term to st expire on December 31, 2009. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OFROUTES 9 AND 254 TRAFFIC IMPROVEMENTS CAPITAL PROJECT FUND #137 RESOLUTION NO.: 253, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 707 SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Resolution No.: 69,2003, the Queensbury Town Board established the Routes 9 and 254 Traffic Improvements Capital Project Fund #137, and WHEREAS, the Town’s Planning Department has advised that the project is complete, and Whereas, the Town’s accounting records show that there is approximately $39,340 remaining in Capital Project Fund #137, and WHEREAS, the Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to the Connector Road Capital Project Fund #161, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Routes 9 and 254 Traffic Improvements Capital Project Fund #137 and transfer the Fund’s remaining balance to the Connector Road Capital Project Fund #161, 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 5 day of May, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING CYSTIC FIBROSIS FOUNDATION “GREAT STRIDES” WALK-A-THON RESOLUTION NO. 254, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 708 WHEREAS, the Cystic Fibrosis Foundation has requested permission to conduct its “Great Strides” walk to cure cystic fibrosis as follows: SPONSOR : Cystic Fibrosis Foundation EVENT : GREAT STRIDES WALK st DATE : Saturday, May 31, 2008 TIME : Approximately 9:00 a.m. – 12:00 noon PLACE : Beginning and ending at West Mountain (Letter regarding location of walk attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Cystic Fibrosis Foundation to conduct its Great Strides walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION ESTABLISHING POLICY AND DROP BOX FOR CONFIDENTIAL REPORTING OF WRONGDOINGAND AUTHORIZING AMENDMENT TO TOWN OF QUEENSBURY EMPLOYEE HANDBOOK RESOLUTION NO.: 255, 2008 REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 709 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer , WHEREAS the American Institute of Certified Public Accountants (AICPA) has adopted standards including Statement on Auditing Standards (SAS) 112 which revised government auditing standards and which requires auditors to report certain significant deficiencies or material weaknesses; and , WHEREAS the Town has consulted with an independent auditor who has recommended that the Town adopt a policy to encourage confidential and anonymous reporting of potential financial improprieties by government officials; and WHEREAS, it is the intention of the Town Board to adopt such a policy and to encourage employees and citizens to report known or observed wrongdoing by Officers and employees of the Town, NOW, THEREFORE, BE IT RESOLVED, that it is the policy of the Town of Queensbury to encourage its employees as well as citizens of the Town to report any misuse of taxpayers’ funds or any inefficiencies or illegalities observed, and BE IT FURTHER, RESOLVED, the Town will maintain a box in a place which is readily accessible by employees and the public for reporting such misuse, inefficiencies or illegalities and that such box will be opened at least once each week by two employees of the Town, representing different Departments of the Town, and BE IT FURTHER, RESOLVED, that the Town Clerk and the Town Budget Officer are designated as the two employees of the Town who will check the box, and BE IT FURTHER, RESOLVED, that the keys to such box will be maintained by those two individuals and that the box will have two separate locks so that both individuals must be present to open the box, and BE IT FURTHER, REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 710 RESOLVED, that the Town Clerk and Town Budget Officer will be responsible for conducting an initial investigation and bringing any matters that appear to have any merit to the attention of the Town Board and, when appropriate, to any law enforcement agency, BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to amend the Employee Handbook accordingly to reflect this policy, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Counsel and/or Town Budget Officer to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF ALLIANCE WORLDWIDE INVESTIGATIVE GROUP, LLC TO PROVIDE BACKGROUND INVESTIGATION SERVICES RESOLUTION NO.: 256, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to screen the background of its new employees and hereby wishes to engage the services of Alliance Worldwide Investigative Group, LLC (Alliance) to provide background investigation services on an “as needed” basis in order to provide cost-effective solutions to mitigate losses and assist in all aspects of security for Town residents and employees, and WHEREAS, Alliance has offered to provide such services in accordance with th Alliance’s April 28, 2008 letter and Background Investigation Services Agreement presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 711 RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Alliance Worldwide Investigative Group, LLC (Alliance) to provide background investigation services on an “as needed” basis, such services to be paid for from Account No.: 001-1430-4154, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Background Investigation Services Agreement substantially in the form presented at this meeting, along with any other needed documentation, and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR WEST END IMPROVEMENT PROJECT RESOLUTION NO.: 257, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 113,2008, the Queensbury Town Board authorized the recreation project known as the West End Park Improvement Project and expenditures for such work, and WHEREAS, the necessary bidding documents and project specifications have been completed in connection with the specific capital improvements and certain items of equipment authorized by the Town Board in accordance with such Resolution No.: 113,2008 as follows: 1.demolition and removal of the old basketball court; 2.installation of a new playground area; 3.installation of a new basketball court; 4.site work to create an informal ball field with backstop; 5.landscaping and improvement of the entryway and creation of parking area; and REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 712 6.professional services for all of the above; and WHEREAS, the Recreation Commission is requesting Town Board authorization to advertise for bids, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the specific capital improvements and certain items of equipment related to the West End Park Improvement Project as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the Town Board. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING GRANT APPLICATION FOR FUNDING FROM ENVIRONMENTAL PROTECTION FUND, APPLICATION FOR STATE ASSISTANCE PAYMENTS, LOCAL WATERFRONT REVITALIZATION PROGRAM, YEAR 2007-2008 IN CONNECTION WITH NEW YORK STATE LAKE GEORGE PLAN FOR THE FUTURE - MANAGEMENT PLAN IMPLEMENTATION RESOLUTION NO.: 258, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 713 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 Financial Assistance Grants from municipalities around the State, and WHEREAS, an Application for funding has been prepared in response to such solicitation for applications, NOW, THEREFORE, BE IT 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 Environmental Protection Fund Application for State Assistance Payments – Local Waterfront Revitalization Program, Year 2007-2008 dated November th 28, 2007 in response to New York State’s solicitation of Financial Assistance Grants and agrees to serve as custodian for such grant funds, if awarded, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign such Application and/or any other documentation for such funding assistance for submission to New York State and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 714 ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF UPSTATE APPRAISAL SERVICES, INC., TO PREPARE APPRAISAL IN CONNECTION WITH ARTICLE 7 ASSESSMENT CASE COMMENCED BY HARRIS BAY YACHT CLUB RESOLUTION NO.: 259, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi , WHEREAS the Town of Queensbury is engaged in litigation with Harris Bay Yacht Club regarding real property tax assessments on its property for the years 2006 and 2007, and , WHEREAS the total assessed value of the properties for each of the years in question is approximately $5,000,000 and the tax amounts in dispute are substantial and could result in large refunds to Harris Bay Yacht Club if it prevails in the litigation, and , WHEREAS the firm of Upstate Appraisal Services, Inc., (UAS) is a reputable and established appraisal company, with significant experience, including extensive experience in appraising large commercial properties, and WHEREAS, UAS has appraised other commercial property for the Town and its performance and services have been entirely satisfactory, and WHEREAS, UAS has proposed to prepare preliminary and final appraisals for the Town’s use in settlement discussions and litigation, with its fee for the preliminary appraisal not to exceed $1,800 and its fee for a final, trial-ready appraisal, if necessary, not to exceed $2,200 (for a maximum total of $4,000), with the costs of UAS’ work to be shared equally by the Town and the Lake George Central School District, and WHEREAS, the Lake George Central School District approves of retaining UAS to perform the needed appraisal work on the stated terms and asks that the Town similarly provide its approval, and WHEREAS the Assessor and Town Counsel recommend that UAS be retained to provide the necessary appraisal services on the proposed terms, with the cost to be divided equally between the Town and the Lake George Central School District, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 715 , RESOLVED that the Queensbury Town Board hereby authorizes and directs the engagement of Upstate Appraisal Services, Inc. to prepare a preliminary appraisal and, if necessary, a final appraisal of the Harris Bay Yacht Club property, with the cost for such preliminary appraisal not to exceed $1,800 and the cost of a final appraisal, if necessary, not to exceed an additional $2,200 (for a maximum total of $4,000), which costs shall be divided equally between the Town and the Lake George Central School District, with the Town’s portion to be paid from the Assessor’s Department Article 7 Account No.: 001- 1355-4740, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Counsel and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF EMPIRE STATE APPRAISAL CONSULTANTS, INC., TO PREPARE APPRAISAL IN CONNECTION WITH ARTICLE 7 ASSESSMENT CASE COMMENCED BY HOME DEPOT, INC. RESOLUTION NO.:260, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer , WHEREAS the Town of Queensbury is engaged in litigation with Home Depot, Inc. regarding the real property tax assessment on its commercial property on Route 9 for the 2007 assessment year, and , WHEREAS the total assessed value of the property is approximately $8,700,000 and the tax amounts in dispute are very substantial and could result in significant refunds to Home Depot if it prevails in the litigation, and , WHEREAS the firm of Empire State Appraisal Consultants, Inc. (ESAC) is a reputable and established appraisal company, with over 30 years of experience, including extensive experience in appraising large commercial properties, and REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 716 WHEREAS, ESAC has appraised other commercial property for the Town, including the very similar Lowe’s store, and its performance and services have been entirely satisfactory and have materially contributed to the Town’s success in past tax assessment litigation, including a favorable Court decision the litigation on the Lowe’s property, and WHEREAS, ESAC has estimated that its fee to prepare preliminary and final appraisals for the Town’s use in settlement discussions and litigation would not exceed $4,000 for a preliminary appraisal and not exceed an additional $4,000 for a final, trial-ready appraisal, if necessary, (for a total not to exceed $8,000), and WHEREAS, representatives of the Queensbury Union Free School District approve of retaining ESAC and will recommend that the School Board formally authorize retaining ESAC to perform the needed appraisal work at costs not to exceed those estimated, with the costs to be shared equally by the Town and the School District, and such authorization by the School Board is expected, and WHEREAS the Assessor and Town Counsel recommend that ESAC be retained to provide the necessary appraisal services at costs not to exceed those estimated, with the costs to be divided equally between the Town and the Queensbury Union Free School District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Empire State Appraisal Consultants, Inc. (ESAC) to prepare a preliminary appraisal and, if necessary, a final appraisal of the Home Depot property, with the costs for such preliminary appraisal not to exceed $4,000 and the cost of a final appraisal, if necessary, not to exceed $4,000 (for a total not to exceed of $8,000), which costs shall be divided equally between the Town and the Queensbury Union Free School District, with the Town’s portion to be paid from the Assessor’s Department Article 7 Account No.: 001- 1355-4740, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Counsel and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of May, 2008, by the following vote: REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 717 AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTY OWNED BY BRIAN NELSON FROM SUBURBAN RESIDENTIAL - 20,000 SQUARE FEET (SR-20) TO LIGHT INDUSTRY (LI) RESOLUTION NO.: 261, 2008 INTRODUCED BY : Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board is considering a request by Brian Nelson to amend the Town Zoning Ordinance and Map to rezone Mr. Nelson’s property bearing Tax Map No.’s: 308.19-1-66 and 308.19-1-65 located at 475 Corinth Road, Queensbury from Suburban Residential – 20,000 Square Feet (SR-20) to Light Industry (LI), and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, May 19, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby properties bearing Tax Map No’s: 308.19-1-66 and 308.19-1- 65 owned by Brian Nelson and located at 475 Corinth Road, Queensbury would be rezoned from Suburban Residential – 20,000 Square Feet (SR-20) to Light Industry (LI), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 718 RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: None ABSTAIN: Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2008 TO AUTHORIZE COMPOST EDUCATION PROGRAMS AND TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER NO. 97 ENTITLED, “COMPOSTING” RESOLUTION NO. 262, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, municipalities are encouraged under State Law to reduce municipal waste and encourage and promote recycling, and WHEREAS, residential composting is an effective means of reducing solid waste and producing soil enriching products, and REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 719 WHEREAS, composting has a beneficial impact on the environment by reducing solid waste and improving soil conditions, and WHEREAS, the Queensbury Town Board wishes to promote composting and educate Town residents on effective composting practices, and WHEREAS, the Town Board therefore wishes to consider adoption of Local Law No.: __ of 2008 to authorize compost education programs and amend the Queensbury Town Code by adding a new Chapter No.: 97 entitled "Composting,” and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law §130, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th May 19, 2008 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2008 regulating composting in the Town of Queensbury and the proposed establishment of a Town of Queensbury Initiation Project whereby the Town may: 1) purchase composting supplies or educational materials in bulk and make those available for purchase by residents at bulk; 2) sponsor seminars to educate Town citizens on the benefits of composting; 3) disseminate information to Town residents encouraging and promoting composting practices; 4) regulate residential composting to ensure that composting activities promote the general welfare of the community; and 5) impose penalties for violation of the Local Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2008 in the manner provided by law. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier NOES : Mr. Strough, Mr. Montesi REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 720 ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-Agrees with Dr. Hoffman noting he has many of the same thoughts and concerns. It is extraordinarily restrictive and if you don’t follow the code the fines are pretty tough thinks this needs further discussion it needs to be discussed in a workshop before it progresses further. RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF MAY 5, 2008 RESOLUTION NO.: 263, 2008 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 st presented as the Warrant with a run date of May 1, 2008 and a payment date of May th 6,2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a stth run date of May 1, 2008 and payment date of May 6, 2008 totaling $412,414.91, 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 5 day of May, 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 CHANGE OF ZONE FOR PROPERTY OWNED BY CAPITAL REGION PROPERTIES, LLC FROM RURAL RESIDENTIAL – 3 ACRES (RR-3A) TO RECREATIONAL COMMERCIAL – 3 ACRES (RC-3A) RESOLUTION NO.: 264, 2008 INTRODUCED BY : Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 721 SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board is considering a request by Capital Region Properties, LLC to amend the Town Zoning Ordinance and Map to rezone its property bearing Tax Map No.: 252-1-75.1 and located at NYS Route 9L/0 Dunham’s Bay from Rural Residential – 3 Acres (RR-3A) to Recreational Commercial – 3 Acres (RC-3A), and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, May 19, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property bearing Tax Map No: 252-1-75.1 owned by Capital Region Properties, LLC and located at NYS Route 9L/0 Dunham’s Bay, Queensbury would be rezoned from Rural Residential – 3 Acres (RR-3A) to Recreational Commercial – 3 Acres (RC-3A), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 722 RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and , BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-As stated in the workshop I am supportive of this, sympathetic of the landowner being a nonconforming use in a rural residential three acre zone. It is clearly a commercial enterprise as we have some other commercial enterprises that because they are in a rural residential or waterfront zone are nonconforming we all admitted it is something we have to do. There was a concern at the meeting that we made sure that this is not perceived as being spot zoning. Thinks it would be a good idea to have legal counsel review what we think is a rational basis for this just to see that they are in accord with that, that it would be defendable if challenged. COUNCILMAN MONTESI-The way this is zoned presently its use is commercial right now I think there is a proposal to put a deck on one of the buildings if you do that you have to go before the Zoning Board of Appeals that seems like over kill for us. Is it spot zoning, I don’t think so. I think we are trying in our own way to be environmentally concerned, but we are also trying to look at some of the problems that businessman have in our community with the present zoning. SUPERVISOR STEC-Asked Senior Planner, Baker to check with Counsel to make sure they don’t see anything that would alarm them. SENIOR PLANNER, BAKER-Absolutely. RESOLUTION AUTHORIZING GRANT APPLICATION FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION FOR FUNDS TO BE USED FOR TOWN COURT IMPROVEMENTS RESOLUTION NO: 265, 2008 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 723 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Justice Court has advised the Town Board that a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA) is now available to provide funding to the Town for Town Court improvements, and WHEREAS, the Town Board wishes to authorize an application for these grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor and/or Town Justices to apply for a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA) to be used by the Town for Town Court improvements and take any further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of May, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 5.0 CORRESPONDENCE DEPUTY TOWN CLERK O’BRIEN-Read letter into the record from John and Tammy Jones, 24 Honey Hollow Road, Queensbury thanking the fire department for pumping out water from their basement while they were on vacation letter on file in Town Clerk’s Office. 6.0 PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES) SKIP STRANAHAN-1347 BAY ROAD, QUEENSBURY-Spoke to the board regarding the tour that they took regarding French Mountain. Read letter from Thomas C. Sargent, Jr. Forester, Fountain Forestry regarding the matter noted there were experts on that property that overlooked a lot of stuff apparently they didn’t want to see or else they are not experts. DR. MARK HOFFMAN-FOX HOLLOW LANE, QUEENSBURY-Spoke to the board regarding an article in the Post Star regarding the Greater Glens Falls Transient and how the ridership is increasing with the cost of gas noting it was only about a three percent increase in riders. Given the drastic increase in the cost of gas that you might have expected more increase in ridership suspects a large part of this has to do with the bus system doesn’t truly serve the needs of people in the region. Recommended given the realities of what we are facing today and giving the opportunities that it presents there is a chance here that people may look at changing their commuting behavior we should ask the Adirondack Transportation Council to do a study of public transportation to see what REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 724 methods might be used to enhance the effectiveness of public transportation and potentially increase ridership. JOHN SALVADOR-Spoke to the board regarding Bob Vollaro’s letter that was in the Chronicle relating to the Golden Coral. The project is not moving forward the Town Engineer has not accepted the design of the retaining wall, which is something Mr. Vollaro required. Spoke to the board regarding a project that Attorney Lapper is representing located in Rockhurst. Spoke to the board regarding a project relating to Takunwide and storm water if this is in a Town road this becomes a Highway Department problem continual maintenance read Town Engineer, Ryan comments into record regarding storm water. Spoke to board regarding project in front of the Planning Board on Pilot Knob Road regarding a boundary line adjustment noting there is no such thing in law as a boundary line adjustment. MR. TUCKER-Asked if the board received an invitation regarding a meeting to be held at BOCES over the City of Glens Falls problems? SUPERVISOR STEC-Received invitation. MR. TUCKER-Asked if they will be giving anything away. SUPERVISOR STEC-Have I ever given anything away. MR. TUCKER-Asked if any decisions are going to be made? SUPERVISOR STEC-It is not our agenda the Chamber of Commence has initiated this. COUNCILMAN MONTESI-There is pressure coming from State Government that is looking to consolidate possible Villages and Towns and Municipal services. It is probably a good time to talk to South Glens Falls, Kingsbury, Queensbury and Glens Falls. Our future is tied to the ability of Glens Falls to handle sewage in their Sewer Treatment Plant I want to see them stay healthy and strong to help my growth noted water is another issue. MR. TUCKER-Asked how long Supervisor Stec has been Supervisor? SUPERVISOR STEC-Fifth year. MR. TUCKER-Asked how long Dennis Brower was Supervisor? SUPERVISOR STEC-Four. MR. TUCKER-Spoke to the board regarding the park at the end of Division Road and the six trucks load of pine needles and leaves that were dropped of there. SUPERVISOR STEC-Will send someone to pick it up. MR. TUCKER-Spoke regarding the signage they talked about last fall for the park noted it never happened. COUNCILMAN BREWER-Told that it did happen will contact Steve first thing in the morning. SUPERVISOR STEC-Just wrote it down will take care of it tomorrow. KEVIN QUINN, QUEENSBURY-Spoke to the board regarding being contacted by the State of New York regarding the purchase of a piece of property that he owns on Rte 149 with the widening of the road noting his concern with the timing of this project does not want to see the road shut down June, July or August asked if the Town could help out to make sure this doesn’t happen. REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 725 SUPERVISOR STEC-Did write it down will follow up does remember that this year the plan was they weren’t going to disrupt traffic they were going to clear it. MR. QUINN-In September they are going to start taking down the trees and moving the poles April is when they want to start where are they going to end up if they start in April it sounds like they will be there in the middle of the summer. SUPERVISOR STEC-Will find out will get back to you. MR. QUINN-Spoke to the board regarding the State of New York buying his sign noting he has an option to move his sign or to let them move the sign asked if this is going to be a big process for everyone who has a sign on that road. Asked if he will have to back in front of the Town to get a sign permit for moving a sign that he originally already had there. SUPERVISOR STEC-Have similar concerns relating to this with Main Street. These are special circumstances that have been put upon landowners by a municipality not by the private property owner the bottom line is I can’t imagine that the Town or any entity of the Town wouldn’t factor that into play and try and make it as painless as possible. COUNCILMAN MONTESI-Thinks they will have to look as a Town Board look at these one by one so that you are not impacted by having to go through this process we have to see where the signs go. SUPERVISOR STEC-If you want to start the process now it might not be a bad idea. We will look into this we will do what we can your points are very fair. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? Mentioned letter that was read into record from John and Tammy Jones. ? Spoke regarding the Soap Box Derby that was held this weekend noting it was successful had a good turnout, good race a lot of people here they stayed extra time. Thinks next year they should advise them that more public notice would be better. COUNCILMAN STROUGH ? Thanked the Post Star regarding the article in the paper on Rush Pond, also thanked Councilman Montesi for touring with them. ? Spoke regarding the Memorial Day Parade to be held on Monday, May 26, 2008 this is the Queensbury Glens Falls Memorial Day Parade. It starts at 10:00 a.m. it will proceed from the center of the City of Glens Falls proceed north to Crandall Park. The Centennial Committee has added some funding for the parade and some special events for the parade. Two hundred and fifty residents of the area who have fought in previous wars will be honored. There will be six or seven musical groups. Previous to the parade the National Guard Band will do a pre- concert it will be held at Queensbury High School Auditorium, Sunday the night before Memorial Day at 7:00 p.m. it is free and opened to the public. ? Spoke regarding the insurance RFP process. In order to make the upcoming process of procuring bids for the Town’s property and casualty insurance as open, fair, and equitable as possible, and also to encourage as many local brokers and agencies as possible to submit proposals, I would urge the Town Board to have the Request for Proposals, currently being prepared by The Compass Company, reflect the following. Phase I of the Compass proposal should be amended so that no pre-qualification process shall designate any particular broker or agent as a client’s exclusive broker of record for any insurance carrier. Although the concept may be stated parenthetically by Compass, I believe the client, that is the REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 726 Town of Queensbury Board, does indeed wish the bidding process to be open to all bidders. They do give us the option in writing up the RFP it is mentioned in Phase I of what they are going to do for us it is mentioned as an option. I think we ought to take the option and not have prequalification process nor have the client’s exclusive broker of record. I think it should be open to all insurance carriers and I know some local companies have expressed that interest to me. The rationale to that is that every agency would have equal access to all major insurance carriers in their efforts to put together the best and most competitively priced insurance package for the Town. No particular agent or broker should be granted most favored nation status in regards to their ability to shop Queensbury’s insurances needs to any particular carrier. Councilman Montesi-The problem with that is let’s say Agent A say's I want to use Hartford. Once he calls Hartford and says I want to use you Hartford is not going to give that same bid to five other agents it just doesn’t make any sense. In other words the Hartford Company is going to say okay Mr. McPhillips or Cool, or whoever Hughes you got it we will give you the number. Councilman Strough-What you are telling me though is that is left up to Hartford. We are not giving any particular agency or granting any particular agency that if they use Hartford it negates anybody else from applying to Hartford for a bid. Councilman Montesi-No, I think what we ask Compass to do was to say go out into the market see who wants to bid this and then ask them what their main carrier is. For instance if Hughes Insurance says my main carrier is Phoenix Insurance okay we want you to bid it you can use Phoenix. I don’t know of any other way to do it because Phoenix isn’t going to give it to anybody else anyway the first guy in the hopper is going to get it Councilman Strough- What you are saying is basically okay with what I am saying. We are not going to put any restrictions on the process let the process itself put its own restrictions on it, but I don’t think we should put any restrictions on it. Councilman Montesi-We haven’t I don’t think. Councilman Strough-It could be in the RFP. Councilman Metivier-Let me just jump in and say one more thing about your paragraph number one here. There is no local insurance company that was not allowed to come up to the plate with a proposal not a single one. So, I don’t know why you said that you have spoken to local insurance companies that wanted to play the game because you know what they were all welcomed to play the game and most of them said no so I am very concerned. Councilman Strough-Well, wait a minute. Tony you are giving the public the opinion the game has been played it hasn’t been played. Councilman Metivier-You are giving the public the opinion that we did not let every insurance. Councilman Strough-No. Councilman Metivier-John two seconds you are giving the public the opinion that we did not let them come up to bid and you said that and that is not true. Councilman Strough-Tony, Tony what I said was that the process should be opened to everybody. Councilman Metivier-It is. Supervisor Stec-By saying that you are saying that it isn’t John that is what Tony is taking exception to. Councilman Strough-What, I am saying is the exclusive broker of record is not something we should go for we should go as Compass suggests. The client meaning us they are saying that we could have the bidding process open to all bidders this is what Compass is saying to us they are giving us the option. I am saying we should take that option that is all I am saying Tony. The bidding process has not taken place the RFP hasn’t even been drawn up that is all I am saying. Supervisor Stec-Let me step in on this one. Barbara you have been involved more conversations with Compass than certainly anyone else in this room. They did contact all the local players and everyone that wants to be putting in a proposal is. Budget Officer, Tierney-Correct. Councilman Strough-That’s right. Supervisor Stec-No one has been excluded John. Councilman Strough-I think you are misunderstanding me. Supervisor Stec-I think several of us are. Councilman Strough-Here is the option and I am saying we should give this option they said okay. Client, the Town, do you wish the bidding process to be opened to all bidders I am saying yes. Councilman Metivier-It is John it is opened to all bidders you have said this twice now. Councilman Brewer-It is not something that is excluded John it is opened to all bidders. Councilman Strough-Wait a minute read this. If you read what they are suggesting what is Option B, actually what I read was option B. Option A is a prequalification preparation of exclusive broker of record letters for individual insurers. That is going to limit how they can bid not who can, but how they can REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 727 bid. I am saying let’s leave the process open that is all I am saying it is a consideration that I am putting out to the board I have given a rationale. Councilman Montesi-John you know the agent of record isn’t anything that we control. The agent of record is if Hughes Insurance says, I am going to bid the Queensbury contract and I am going to use Phoenix Insurance they become the agent of record for Phoenix insurance period it is not in our control. What we did try to do is we said geez you know suppose three local guys want to use Hartford how do you do that. How do you give a guy a chance to bid you know, what you flip the coin? Councilman Strough-Ron it says right here and I can read it for the fourth time it says that we can opt to have the bidding open to all bidders. Supervisor Stec-It is. Councilman Strough-Exactly. Supervisor Stec-It is, you are saying we should take that option we have. Councilman Strough-It also says we can draw up the RFP to restrict some of the bidding process. Supervisor Stec-We haven’t. Barbara just told you John that Compass contacted everyone in the region. Councilman Strough-Then fine we are all in agreement that’s good. Supervisor Stec-Then move on. Councilman Strough-That’s what I wanted to do. The second one is the broker/agent was ultimately given a contract to produce the Town’s insurance shall do so, for a period of three years. My rationale is that as it is no small task to prepare the kind of proposal we are seeking it seems only fair that the successful bidder be granted the business for this period of time. Secondarily, the three year contract removes this entire procedure from at least one election cycle I think there would be generally agreement there. It might also be a good idea to have this bidding process take place in the middle of an election term rather than at the time of the election process. Supervisor Stec-This is happening the first half of the first of a term. Councilman Strough-It could, we could use that. Supervisor Stec-We are doing that. Councilman Brewer-You are outlining what we are doing. Councilman Strough-I am just glad that we are in agreement. Supervisor Stec-There is rationale why we didn’t wait a full three years as documented by two independent. Councilman Strough-Let’s not go there because I want to stay focused. Supervisor Stec-Well there is reason. Councilman Strough-I know, but you can develop a reason for anything. Unless there exists a very major financial reason to do otherwise, the Town Board should make every effort to place the Town’s business with a broker/agent located in the greater Queensbury/Glens Falls area. Supervisor Stec-I want to know where that sentiment was two years ago. Councilman Strough-The rationale, generally monies, commissions and brokerage fees generated in a specific area circulate throughout the local economy between two and three times before they leave and I like to see the money stay in the area. Supervisor Stec-Two of us felt that pretty strongly and we were harshly criticized for that. Councilman Metivier-That’s why our money is in Long Island right now. Supervisor Stec-You are basically saying that you agree a hundred percent with the way I am running things here that’s good. Councilman Strough-But mine goes into one, two, three logical patterns. One is very critical to allowing local firms to have equal bases in the competitive process. ththth ? Spoke regarding yard waste pickup. May 5-May 9 Ward Two. May 12 –May thththth 16 Ward Three. May 19 –May 30 Ward Four and June 2-June 6, Ward One. COUNCILMAN MONTESI ? Spoke to the board regarding Jenkinsville Park. The grass is growing they will be doing the first cutting soon. There will not be any play on the field until late July, but will be ready for fall soccer, fall lacrosse for anyone who hasn’t seen recommended them visiting it. ? Spoke regarding Rush Pond noting he has never seen Rush Pond from the side that they walked it is a beautiful area. COUNCILMAN METIVIER ? Spoke regarding the Foreign Fire Tax. Read information regarding the Foreign Fire Tax, which is outlined in the Department of State’s website. REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 728 SUPERVISOR STEC ? Thanked TV 8 and sponsors for televising the meetings. ? Town website www.queensbury.net there is a lot of great information available on it. ? Thanked the Town Highway Department for the brush pickup they are doing in May. Highway Department and Town Engineer have been working together on a few drainage issues all over Town. Speaking with other municipalities the entire County is having problems this spring. The things that they can do from the Towns perspective to mitigate or improve these things to public infrastructure we certainly will. To avoid problems in the future we rely on the Town Zoning Board, Planning Board and staff to work with developers to make sure we don’t walk into anymore problems. Thanked the Highway Department and Vision Engineering for their efforts in this area. ? Attended the Loyalty Day Ceremony at the VFW Post on Luzerne Road with Betty Little and Theresa Sayward. It was jointly shared with the West Glens Falls Fire Company. It was the first year in thirty seven years that they didn’t have a parade just a ceremony unfortunately Chick Daley was unable to attend it was also the first time that he hasn’t been probably since he helped to establish it thirty seven years ago it was a very well attended event. ? Spoke to the board regarding reexamining the possibility of a Solid Waste Collection District something that was talked about a couple years ago. The Town Board at the time decided that they did not want to pursue it. The State Comptrollers Office is the one who approached the Town with the idea and suggested that we consider it. At the time they had projected if you used the collective purchasing power of a large group like a Town to form a district in this manner that the average savings for residents could potentially cut your garbage collection bill in half. The estimated savings that we received from the Comptrollers Report, which is a couple years old they did an estimate based on their own calculations and survey that collectively the residents of the Town could save a million dollars annually. If we can save residents a hundred or two hundred dollars a year on their garbage collection in a reasonable way that everyone’s concerns are addressed I think we should look at it this in the next couple of months. COUNCILMAN BREWER ? Spoke regarding the Transfer Station on Luzerne Road noting the new compactor that was purchased was installed it is running works great. Landfill Superintendent, Mr. Shearer noted they will be getting two new fifty yard containers which are much stronger than the previous ones. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 266, 2008 INTRODUCED BY: Mr., Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss the employment history of a specific individual with the Union regarding a grievance procedure. th Duly adopted this 5 day of May, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier REGULAR TOWN BOARD MEETING MTG#19 5-5-2008 729 NOES: None ABSENT:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 267, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters back into Regular Session. th Duly adopted this 5 day of May, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT:None NO ACTION TAKEN IN EXECUTIVE SESSION RESOLUTIONADJOURNINGREGULARTOWNBOARDMEETING RESOLUTIONNO.268,2008 INTRODUCEDBY:M.TB R IM REWER WHOMOVEDFORITSADOPTION SECONDEDBY:M.RM R ONALD ONTESI RESOLVED,TBTQ THAT THE OWN OARD OF THE OWN OF UEENSBURY HERBY ADJOURNS TBM. ITS OWN OARD EETING TH D5M,2008,: ULY ADOPTED THIS DAY OF AY BY THE FOLLOWING VOTE A:M.B,M.S,M.M,M.M,M.S YES R REWER R TEC R ETIVIER R ONTESI R TROUGH N:N OES ONE A:N BSENTONE R ESPECTFULLY SUBMITTED . DARLEEN M DOUGHER TOWN CLERK TQ OWN OF UEENSBURY