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2009-01-26 MTG#4REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 TOWN BOARD MEETING MTG. #4 January 26, 2009 RES. 35-47 7:00 P.M. BOH 5-6 LL #1 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN JOHN STROUGH TOWN BOARD MEMBERS ABSENT COUNCILMAN RONALD MONTESI COUNCILMAN TIM BREWER TOWN OFFICIALS PRESENT DIRECTOR OF BUILDING AND CODES- DAVE HATIN WATER SUPERINTENDENT- BRUCE OSTRANDER PRESS POST STAR TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STEC- OPENED MEETING 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 35, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED: BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 26th day of January 2009 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Montesi, Mr. Brewer PUBLIC HEARING- SANITARY SEWAGE DISPOSAL VARIANCE APPLICATION OF RANDY SEVERANCE- NOTICE SHOWN PUBLICATION DATE: January 16, 2009 1 SUPERVISOR STEC- We had previously advertised for a public hearing tonight regarding a sanitary sewage disposal variance application for Randy Severance. The Severance's have submitted a different application that they would like us to consider instead so we won't be conducting that public hearing and we won't be taking any action regarding that original public hearing. What instead we'll likely do is entertain a resolution to set a different public hearing before the same people, the Severance's. REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 2 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RANDY SEVERANCE RESOLUTION NO.: BOH 5, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, Randy Severance has applied to the Local Board of Health for variances from Chapter 136 to install a new septic/leaching system: 1. 56.12' from wetlands instead of the required 100' setback; 2. 0' from the side property line instead of the required 10' setback; 3. 0' from the front property line instead of the required 10' setback; and 4. 15' from the foundation instead of the required 20' setback; on property located at 7 Fox Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, February 23rd, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Randy Severance's sewage disposal variance application concerning property located at 7 Fox Road in the Town of Queensbury (Tax Map No.: 266.1-1-20) 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. Duly adopted this 26th day of January, 2009, by the following vote: REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 3 AYES: Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Montesi, Mr. Brewer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 6, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury Board of Health hereby adjourns and moves back into Regular Town Board Session. Duly adopted this 26th day of January, 2009 by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer, Mr. Montesi 2.0 PUBLIC HEARINGS Public Hearing Enacting Local Law 1 of 2009 to Amend Queensbury Town Code Chapter 140 Entitled, "Signs" Relating to Certain Relocations of Existing Signs Along County Route 28/Main Street NOTICE SHOWN PUBLICATION DATE: January 16, 2009 NO PUBLIC COMMENT RESOLUTION ENACTING LOCAL LAW NO. 1 OF 2009 TO AMEND QUEENSBURY TOWN CODE CHAPTER 140 ENTITLED, "SIGNS" RELATING TO CERTAIN RELOCATIONS OF EXISTING SIGNS ALONG COUNTY ROUTE 28/MAIN STREET RESOLUTION N0.36, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 1 of 2009 to amend Queensbury Town Code Chapter 140 entitled, "Signs," concerning certain relocations of existing signs along an approximately one mile portion of REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 4 County Route 28/Nlain Street within the Town of Queensbury during the Town's highway improvement project to avoid placing an undue burden on businesses along the Main Street Corridor that may be required to move their signs to accommodate the improvement of this portion of Main Street, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law § 10, and WHEREAS, the Town Board duly held a public hearing on Monday, January 26tH 2009 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.: 1 of 2009 to amend Queensbury Town Code Chapter 140, "Signs," 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. Duly adopted this 26th day of January, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT: Mr. Brewer, Mr. Montesi 3.0 HEARINGS Hearing- Ordering Removal of Debris and the Filling and Leveling of Holes on Property Owned By Daniel Searles and Located at 16 Homer Avenue, Queensbury COUNCILMAN STROUGH- I drove by there yesterday and with all the snow cover I couldn't see a thing SUPERVISOR STEC- Dave, do you want to come to the microphone REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 5 DIRECTOR OF BUILDING AND CODES, DAVE HATIN- What we have here is a property that was demolished by the owner. It wasn't completed and I sent him a letter back in September asked him to complete it. It was not complete, as of this date, there is a bunch of items, John that you couldn't see under the snow, which is one of the issues I have with getting cleaned up right now. What I'd like to do is get the authorization and then in the springtime when the snow is gone if he doesn't clean it up then I would be authorized to do so. COUNCILMAN STROUGH- In front of the old the garage DIRECTOR OF BUILDING AND CODES, MR. HATIN- There's a hump there, that's where a bunch of it is. There's a lot of stuff under the snow and there's also a hole from the old foundation of the mobile home that was there that's not filled in yet. This will authorize me do it as soon as the snow is gone. COUNCILMAN METIVIER- I saw the property back in early December, I remember going by it and I made a mental comment about it. I know exactly what you're talking about. DIRECTOR OF BUILDING AND CODES, MR. HATIN- My hope is that Mr. Searles will take care of it before I have to. SUPERVISOR STEC- Any other questions for Dave? Alright, Rose go ahead and call the vote RESOLUTION ORDERING REMOVAL OF DEBRIS AND THE FILLING AND LEVELING OF HOLES ON PROPERTY OWNED BY DANIEL SEARLES AND LOCATED AT 16 HOMER AVENUE, QUEENSBURY RESOLUTION NO.: 37, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) inspected a demolished structure on property owned by Daniel Searles located at 16 Home Avenue in the Town of Queensbury (Tax Map No.: 302.8-1-26) and found that all demolition debris from the structure had not been cleaned up and a hole from the foundation had not been filled and leveled and so the structure and property is generally in disrepair, unusable and unsafe, and WHEREAS, the Director advised Mr. Searles to take appropriate measures to ensure that the demolition debris be immediately cleaned up/removed and any holes on the property be filled and leveled, as more specifically set forth in the Director's November 3ra 2008 letter to Mr. Searles, and WHEREAS, the Director advised the Queensbury Town Board that in his opinion the property is dangerous and unsafe to the general public and requested that the Town REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 6 Board take action if the property owner failed to clean-up and remove the demolition debris and fill and level all holes, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion the property is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the demolition debris be removed and any holes be filled in and leveled, and WHEREAS, on Monday, December 15th, 2008, the Town Board declared the structure on the property to be dangerous and unsafe to the public, and WHEREAS, the Town Board held a hearing concerning this property on Monday, January 26th, 2009 and notice of this hearing was served in accordance with the provisions of New York State Town Law § 130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Daniel Searles to immediately begin removing the demolition debris from the property and filling in and leveling the holes on property located at 16 Homer Avenue in the Town of Queensbury (Tax Map No.: 302.8-1-26) and complete such work by 5:00 p.m., February 27th, 2009, and BE IT FURTHER, RESOLVED, that if the demolition debris is not removed and any holes not filled in and leveled by February 27th, 2009, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to remove the demolition debris and fill in and level the holes on the property, such work not to exceed an amount up to $3,000.00, and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, reparation/removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the repairs or removal, including legal expenses, if necessary. Duly adopted this 26th day of January, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Strough REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 7 NOES: None ABSENT: Mr. Montesi, Mr. Brewer 4.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) ARTHUR YANNOTTI- Asked the Town Board to do something about the traffic signal on Aviation Road at the entrance of Queensbury School. He stated that there are two problems with it. The first being the loop detectors in the pavement apparently stopped working some time ago. The second is that the timing on the light overly favors vehicles exiting Queensbury School and the traffic backs up on Aviation Road. There is also a very long left turn duration from Aviation Road into Queensbury School. He has sent an email to the Highway Superintendent back in November and has heard nothing as of yet. SUPERVISOR STEC- This light has been an issue off an on but will contact the Highway Superintendent. COUNCILMAN STROUGH- There's brains to it, that don't work very long and we don't know why. Its twelve hundred dollars to replace them every time. We may not have a set of brains to that light and maybe they had to order them. We haven't heard anything back from the Highway Department on that light yet. They have been notified. Eventually we are going to have a round a bout there and those kind of problems will be resolved. Until then, we will see what we can do. SUPERVISOR STEG I apologize for Mike. I will ask him tomorrow and one of us will get you an answer in the next day or two. STEPHANIE GILMAN- Spoke to the Board regarding the drainage project between Michael's Drive and Luzerne Road. She owns the property at 510 Luzerne Road which is directly adjacent to the Town's easement for the drain pipe. In the middle of the easement was a sugar maple tree that her children played in. Even though the tree was eighteen feet off her property she was very distraught when she heard of the Town's intention to cut it down. She left a message for Dan Ryan, the Town's Engineer, indicating that she would like to see that tree saved. She offered up an easement onto her own property to facilitate going around the tree and offered to move her sheds to give more space. She heard nothing from Mr. Ryan and on January 5th the tree was taken down. Mr. Ryan did contact her eight days later and explained that he had no choice to cut down the tree because he was given certain parameters to work with and the tree was simply in the middle. She was upset and feels that there were other options but no one called her to find out about them. JOHN SALVADOR- Spoke regarding the West Glens Falls Volunteer Fire Company. Concerned regarding the sale of the fire house and the transfer of $20,000 from the West Glens Falls Fire Company to the Fireman's Association. PLINEY TUCKER- Is there a date for West Glens Falls Fire Company to come in front of the Board for their contract? SUPERVISOR STEC- Next Monday, February 2"d we are holding public hearings for both West Glens Falls and South Queensbury's 2009 contracts. MR. TUCKER- Questioned the Board regarding the time frame for the reval. for the reassessment. TOWN COUNSEL, HAFNER- It's hard to predict with the court system. 5.0 RESOLUTIONS REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 38, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 8 WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2008 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-1010 Wage Contingency 001-1315-1010 Wages $ 1,210 001-1990-1010 Wage Contingency 001-1345-1010 Wages $ 97 001-1650-4100 Telephone 001-1660-4010 Central Supplies $ 740 001-1680-1010 IT Wages 001-1670-1010 Wages $ 165 001-1680-1010 IT Wages 001-1670-4030 Postage $ 1,950 001-3510-1010 ACO Wages 001-3410-1010 Fire Code Wages $ 755 001-6410-4530 Publicity 001-6772-4418 Prgrms for Aging Bus $ 500 001-7020-1010 Rec Wages 001-7110-1010 Parks Wages $ 1,900 002-9040-8040 Wcomp Insurance 002-8810-1010 Wages $ 1,555 002-9040-8040 Wcomp Insurance 002-8810-4300 Electricity $ 2,000 002-9040-8040 Wcomp Insurance 002-8810-4500 Heating Fuel $ 1,000 004-5130-4410 Fuel 004-5142-1010 Snow Wages $ 7,800 004-5130-4410 Fuel 004-5142-1020 Snow Wages O/T $ 4,800 009-8160-4447 Trash Burnables 009-8160-1010 Wages $ 2,350 032-1990-1010 Wage Contingency 032-8110-1010 Wages $ 200 Duly adopted this 26th day of January, 2009, by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Montesi, Mr. Brewer RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. DAVID MULLEN RESOLUTION NO.: 39, 2009 INTRODUCED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 9 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Chapter 179 of the Town Code provides for administration and enforcement of the Town's Zoning Ordinance and related laws, codes, ordinances, and regulations, and WHEREAS, David Mullen owns property located at 275 Bay Road in the Town of Queensbury (Tax Map No.: 302.8-1-2) and Town officials have warned Mr. Mullen on numerous occasions and through previous Town Court actions, that Mr. Mullen is to bring the property into compliance with the Town's Property Maintenance Codes, Junkyard Ordinance, and other Ordinances that pertain to the building on the property as the building is not structurally sound, i.e., there are several roof leaks which are deteriorating the roof of the building causing rot of the wood members of the roof and there are cracks in the rear walls caused by frost and ice and water damage, and WHEREAS, the Town's Director of Building and Codes Enforcement has expressed concern that the building has become an attractive nuisance and vagrants are now using the building and trespassers are spraying graffiti on its walls and roof, and WHEREAS, the Town's Fire Marshal and Director of Building and Codes are charged with enforcement of the Town's Property Maintenance Codes, Junkyard Ordinance and other Ordinances and have advised that Mr. Mullen continues to fail in making the necessary repairs to maintain the structural integrity of the structure and clean up the property and therefore the Director of Building and Code Enforcement has recommended that the Town Board commence a Supreme Court action against Mr. Mullen to require Mr. Mullen to come into conformance with the Town's Property Maintenance Codes, Junkyard Ordinance and Town Code and/or to secure the building to prevent unauthorized entry ,and WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent injunctive relief requiring that the property be immediately secured and that the property owner bring the property into compliance with the Town Code or allowing the Town to do so and the charges assessed against the owner and made a lien against the property, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 10 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and permanent injunctive relief against David Mullen concerning the property located at 275 Bay Road in the Town of Queensbury (Tax Map No.: 302.8-1-2) as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town's Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement, Fire Marshal and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 26th day of January, 2009, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Montesi, Mr. Brewer RESOLUTION AUTHORIZING PURCHASE OF PROGRAMMABLE LOGIC CONTROLLER FOR FILTERS AT WATER DEPARTMENT RESOLUTION NO.: 40, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury's Water Department Civil Engineer has advised that a Programmable Logic Controller (PLC), an important control mechanism on one of the Water Department's filters, has failed and must be completely replaced, and REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 11 WHEREAS, the Civil Engineer has further advised that in order for the Town's filter backwash apparatus to work correctly, an "Infilco Degremont" PLC must be purchased, and such PLC is a proprietary piece of equipment, and WHEREAS, the Civil Engineer has determined that this particular piece of equipment is necessary and that it is only available from a sole source and cannot be put out to bid, and WHEREAS, the cost of such new PLC, to be purchased from Infilco Degremont, the original supplier, will cost $13,248.75, including installation, and WHEREAS, the Civil Engineer has requested that the Town Board also authorize up to a 5% contingency for any overrun and/or Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the purchase of a new Infilco Degremont Programmable Logic Controller from Infilco Degremont, the Town's original supplier, for use at the Town's Water Department as delineated in this Resolution for an amount of $13,248.75, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Civil Engineer to approve up to a 5% contingency for any overrun and/or Change Orders that he deems necessary or appropriate or in a total amount not exceeding $13,911.75, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment shall be made from the Plant Maintenance Account No.: 40-8320-43 50, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Civil Engineer and/or Budget Officer to take such other and further actions as maybe necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of January, 2009, by the following vote: REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 12 AYES: Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer, Mr. Montesi RESOLUTION AUTHORIZING ENGAGEMENT OF BARYON & LOGUIDICE, P.C., FOR ENGINEERING SERVICES IN CONNECTION WITH WATER MAIN REPLACEMENT PROJECT ALONG RICHARDSON STREET AND RYAN AVENUE RESOLUTION NO.: 41, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury's Water Superintendent requested proposals for engineering services concerning the replacement of water mains along Richardson Street and Ryan Avenue in the Town of Queensbury (Project), and WHEREAS, the Water Superintendent received and reviewed three (3) proposals and has recommended that the Town Board authorize engagement of the lowest bidder, Barton &Loguidice, P.C., for such engineering services for an amount not to exceed $35,700 as delineated in B&L's November 26th, 2008 proposal presented at this meeting, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary related to such services and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.C. for engineering services concerning the replacement of water mains along Richardson Street and Ryan Avenue in the Town of Queensbury for an amount not to exceed $35,700 as delineated in Barton &Loguidice, P.C.'s proposal dated November 26th, 2008 presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 13 RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to such services up to a 5% contingency or in the total amount not exceeding $1,785.00 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that payment for such services shall be paid from Account No.: 141-8340-4403, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to amend the 2009 Town Budget by transferring $37,485.00 from Bond Principal Account No.: 141-8340-6010 to Account No.: 141-8340-4403, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of January, 2009, by the following vote: AYES: Mr. Stec, Mr Metivier, Mr. Strough NOES: None ABSENT: Mr. Brewer, Mr. Montesi RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY JAMES DeNOOYER RESOLUTION NO.: 42, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, James DeNooyer (Petitioner) previously commenced Article 7 Real Property Assessment Review cases against the Town in 2005, 2007 and 2008 challenging REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 14 the assessments on two parcels in Queensbury, located at 3316 State Route 9L (Tax Map No. 239.18-1-24) and 3308 State Route 9L (Tax Map No.: 239.18-1-26) and WHEREAS, the Queensbury Town Board previously approved Resolution Number 430 of 2007 to settle the 2005 case, and WHEREAS, Petitioner has proposed settling the 2007 and 2008 cases on the same terms as the Town Board approved for settling the 2005 case, and WHEREAS, the Town Assessor has reviewed the cases with Town Counsel, and the Town Assessor recommends the settlement proposal to the Town Board, and WHEREAS, the Lake George Central School District has approved the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by James DeNooyer against the Town in 2007 and 2008 challenging the assessments on two parcels in Queensbury, located at 3316 State Route 9L (Tax Map No. 239.18-1-24) and 3308 State Route 9L (Tax Map No.: 239.18-1- 26) as follows: 1) For 2007 & 2008, the assessments on the parcels shall be revised as follows: Tax Map #: Assessed Value Revised Assessment 23 9.18-1-24 $1,778,400 $1,600,000 239.18-1-26 1,398,400 1,175,000 and 2) For 2009, 2010, and 2011 the assessments on the parcels shall be the same as the revised assessments as set forth above, regardless of whether there is a Town-wide revaluation effective before the 2012 Assessment Roll; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 15 RESOLVED, that the Town Board authorizes and directs payment of any and all corresponding refunds, with interest if ordered by the Court, within sixty (60) days from the date that Petitioners serve a Demand for Refunds upon the Town and the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 26th day of January, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT: Mr. Montesi, Mr. Brewer RESOLUTION APPOINTING TAMARA SCHROEDER AS PRINCIPAL ACCOUNT CLERK ON PERMANENT BASIS RESOLUTION NO.: 43, 2009 INTRODUCED BY: Mr. Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 476,2007, the Queensbury Town Board promoted Tamara Schroeder to the position of Principal Account Clerk on a provisional basis until such time as Ms. Schroeder successfully passed the Warren County Civil Service Promotional Exam for such position and completion of a 90 day trial (probationary) period, and WHEREAS, Ms. Schroeder has successfully passed the Warren County Civil Service Exam for such position and completed her 90 day trial (probationary) period and therefore the Town Board may appoint her on a permanent basis, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 16 RESOLVED, that the Queensbury Town Board hereby appoints Tamara Schroeder to the position of Principal Account Clerk on a permanent basis subject to a 30 day probationary period commencing January 20th, 2009, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of January, 2009 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Montesi, Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 44, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc. have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law § 184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 17 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the Bay Ridge Volunteer Fire Co., Inc., on Monday, February 23rd, 2009 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 26th day of January, 2009, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Montesi, Mr. Brewer RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF JANUARY 27~, 2009 RESOLUTION NO.: 45, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as the Warrant with a run date of January 22"d, 2009 and a payment date of January 27th, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of January 22"d, 2009 and payment date of January 27th, 2009 totaling $1,618,916.30, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 18 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. Duly adopted this 26th day of January, 2009, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer, Mr. Montesi ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE RAWSON SUBDIVISION RESOLUTION NO.: 46, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve the Rawson Subdivision (Subdivision) on the west side of West Mountain Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by G. Thomas Hutchins, P.E., Hutchins Engineering, concerning the proposed water district extension to connect the Subdivision to the existing Queensbury Consolidated Water District water main along the east side of West Mountain Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 19 WHEREAS, a Short Environmental Assessment Form (EAF) was submitted with the Map, Plan and Report and Part I of the EAF was completed by the developer's representatives, and WHEREAS, the Queensbury Town Board wishes to be Lead Agency for purposes of the environmental review required for the project under the State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Water District are as set forth in the Map, Plan and Report and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the westerly bounds of the present Queensbury Water District at the northeast corner of lands of Louis Maiocco and in the easterly bounds of the water main easement for the City of Glens Falls and the southeasterly corner of the lands of Mountain Hollow Homeowners Association; thence running North 06 degrees, 51 minutes and 30 seconds East, a distance of 505.57 feet to the southwesterly corner of other lands of Rawson; thence running South 83 degrees, 08 minutes and 30 seconds East, a distance of 308.32 feet to a point in the easterly bounds of said City of Glens Falls water line easement in the westerly bounds of the existing water district; thence running South 38 degrees, 14 minutes and 07 seconds West, along said existing water district line, a distance of 592.16 feet to the place and point of beginning, containing 1.79 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. 2. The proposed improvements consist of construction of infrastructure to support the Subdivision which include a horizontal subsurface boring under West Mountain Road to be made to provide access to the Town's water main along the east side of West Mountain Road. A 6" ductile iron water supply will be installed south of the new subdivision road and will dead-end at a fire hydrant in the middle of the cul-de-sac. Individual taps to serve each new building lot will be made to this new 6" water line. All new installations and taps will be coordinated with the Town of Queensbury Water REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 20 Department. Maintenance of the existing and new facilities will be provided by the Town of Queensbury Water Department. 3. All new capital costs associated with the installation of the new water supply facilities including materials, excavation and labor will be paid by the subdivision developer. There is no cost to the Town or the District for this District Extension. 4. The capital improvements necessary for this service area were provided and paid for by the Subdivision developer and so there will be no debt service costs related to this District Extension to the District. The estimated annual cost of the District Extension to the typical property in the District Extension, which typical property is a typical one family home for operation and maintenance and other charges (assuming an average water usage) is $561. There will be no hook-up fees and the cost to construct a water service connection from the new 6" water main to each new structure and the purchase and installation of a water meter would be included in the total cost of each home. 5. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 6. The developer of the Subdivision will pay all costs of the improvements so there will be no financing required by the Town on behalf of the District. 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. In accordance with Town Law §206-a, all future expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended. 9. The 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, February 23ra 2009 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Community REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 21 Development Department to send a copy of the Short Environmental Assessment Form and a copy of the Map, Plan and Report to all potentially involved agencies, the New York State Department of Environmental Conservation and the New York State Department of Health, together with all documentation required to be sent, along with a letter indicating that the Town Board will be undertaking consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. 11. The Town Board hereby authorizes and directs the Community Development Department to prepare a report identifying any environmental impacts it believes should be considered at the time the SEQRA review is conducted. 12. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. Duly adopted this 26th day of January, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT: Mr. Brewer, Mr. Montesi 6.0 CORRESPONDENCE • Supervisor's Report for Community DevelopmentBuilding and Codes for the month of December on file in the Town Clerk's Office • 2008 Annual Report from Receiver of Taxes on file in the Town Clerk's Office • 2008 Annual Report from the Town Historian on file in the Town Clerk's Office • 2008 Annual Report from the Town Clerk on file in the Town Clerk's Office 7.0 TOWN BOARD DISCUSSION COUNCILMAN METIVIER- • Spoke regarding the structure fire on Glen Lake Road on Friday, February 23ra He has been in contact with the residents who have expressed their appreciation to everyone in the community who has stepped forward with donations to help them out. • North Queensbury Volunteer Fire Company has lost alife-time member this past week. Our condolences to the family of Ed Baertschi. • Received a call from a constituent regarding looking into exemptions for fire fighters and emergency service personnel for their property taxes. This was REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 22 forwarded onto Supervisor Stec who is working on this at the County. If all goes well, sometime this summer or fall the Town could be in a position where there could be a public hearing to enact this. COUNCILMAN STROUGH- • Spoke regarding Mr. Yannotti's concern with the traffic signal on Aviation Road in front of the church and school. Wants to make sure there is a workshop to discuss these round-a-bouts. • There will be an Exit 20 Corridor Meeting on Wednesday, February 11th at 6:OOPM at the Exit 19 Ramada Inn. • Reviewed the Fire Marshall's 2008 Annual Report. • Updated public regarding events and membership for the Queensbury Senior Citizens. • Spoke of Mrs. Gilman's comments and the importance of keeping the lines of communication open. SUPERVISOR STEC- • Apologized to Mrs. Gilman for the Engineer not returning her call promptly. • Gave a brief overview of the next few meetings. There will be another Regular Town Board Meeting next Monday, February 2nd. At this meeting there will be two public hearings on West Glens Falls and South Queensbury's 2009 contracts. On February 23rd there will be another Regular Town Board meeting where they will hold public hearings for Bay Ridge Fire Company's 2009 contract, as well as a public hearing on the Rawson Subdivision and the Severance septic variance public hearing, etc. We did set a public hearing for Tuesday, February 24th at 7pm at the Activities Center regarding the zoning code. • Thanked TV8 and its sponsors. • Town's website www.queensbury.net. • Well wishes to Councilman Brewer to get better and to Councilman Montesi to enjoy his vacation. • Expressed his condolences to the family of Ed Baertschi. • Well wishes to Deirdre Brennan who gave birth to a little boy yesterday. RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO.: 47, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 26th day of January, 2009 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Strough, NOES: None ABSENT: Mr. Montesi, Mr. Brewer Respectfully Submitted, Miss Darleen M Dougher Town Clerk Town of Queensbury