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2009-09-14 MTG#33 Regular Town Board Meeting 09-14-2009 MTG #33 204 REGULAR TOWN BOARD MEETING MTG #33 September 14, 2009 RES 284-307 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL Cathi Radner TOWN OFFICIALS Mike Shaw, Director of Wastewater Chris Harrington, Water Department Engineer PRESS TV 8 POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI 1.0PUBLIC HEARINGS PUBLIC HEARING- CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2010 PUBLICATION DATE: SEPTEMBER 4, 2009 SUPERVISOR STEC- I’ll ask Mike Shaw to come up to the microphone in case there are questions. These first three are annual public hearing that we are required to have for three of our sewer districts and this first one is Central Queensbury Benefit Tax Roll for 2010. Mike do you want to hit any highlights on this resolution before we take any public comment? DIRECTOR OF WASTEWATER, MIKE SHAW- I’ll just mention a couple of things. Each year we update these rolls, as Dan says, we use the information from the Assessor’s Department and the Water Department on each parcel and update the rolls. This year’s roll, proposed 2010 roll, is approximately 1% higher than 2009. OPENED SUPERVISOR STEC- Okay, with that I’ll open the public hearing. If there is anybody here that would like to comment on the Quaker Road Sewer District Benefit Tax Roll for 2010 public hearing just raise their hand. Seeing none, any questions from Town Board Members? Okay I will close the public hearing and entertain a motion. RESOLUTION ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2010 RESOLUTION NO.: 284, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION Regular Town Board Meeting 09-14-2009 MTG #33 205 SECONDED BY: Mr. Ronald Montesi § WHEREAS, in accordance with New York State Town Law §202 and 202-a, the Queensbury Town Board has prepared the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2010 assessing the expense of district improvements of general sanitary sewers located in the Central Queensbury Quaker Road Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on September 14, 2009 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2010 for payment of public improvement expenses within the District in accordance with New York § State Town Law §202 and 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 14 day of September, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None PUBLIC HEARING- ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2010 PUBLICATION DATE: SEPTEMBER 4, 2009 Regular Town Board Meeting 09-14-2009 MTG #33 206 OPENED SUPERVISOR STEC- Mike, I’ll let you hit the highlights DIRECTOR OF WASTEWATER, MIKE SHAW- Okay, once again these rolls are updated with the information from the Assessor’s Department and the Water Department each year. This year’s roll is down approximately 2%, total units are 5,278.08. SUPERVISOR STEC- Is there anyone from the public that would like to comment to this public hearing regarding the Route 9 Sewer District Benefit Tax Roll for 2010? Hearing none I’ll close the public hearing and entertain a motion. RESOLUTION ADOPTING ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2010 RESOLUTION NO.: 285, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer § WHEREAS, in accordance with New York State Town Law §202 and 202-a, the Queensbury Town Board has prepared the Route 9 Sewer District Benefit Tax Roll for 2010 assessing the expense of district improvements of general sanitary sewers located in the Route 9 Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on September 14, 2009 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9 Sewer District Benefit Tax Roll for 2010 for payment of public improvement expenses within the District in accordance with New York State Town Law § §202 and 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Regular Town Board Meeting 09-14-2009 MTG #33 207 Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 14 day of September, 2009 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None PUBLIC HEARING- SOUTH QUEENSBURY- QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2010 PUBLICATION DATE: SEPTEMBER 4, 2009 SUPERVISOR STEC- Okay, Mike do you want to hit the summary? DIRECTOR OF WASTEWATER, MIKE SHAW- Once again South Q is updated with the same information to each parcel. This year’s units are 965.65 total units because we have contracted customers out there as 2,075 and it’s down about 10%. SUPERVISOR STEC- Okay, I’ll open this public hearing as well. Is there anyone that would like to comment on the public hearing regarding South Queensbury- Queensbury Avenue Sewer District Benefit Tax Roll for next year? COUNCILMAN BREWER- Can I ask one question on this? I just happened to see something. SUPERVISOR STEC- Sure can COUNCILMAN BREWER- Mike, on the South Queensbury the State of New York their consumption, what would the State of New York consume water on in South Q? WASTEWATER DIRECTOR, SHAW- You’re looking at the benefit roll itself are ya? COUNCILMAN BREWER- Right WASTEWATER DIRECTOR, SHAW- Probably that’s, I assume, probably the new guard building SUPERVISOR STEC- The Armory COUNCILMAN BREWER- Oh, alright, alright. I didn’t even think about that. WASTEWATER DIRECTOR- SHAW- Without looking at it, knowing exactly what the tax map number, but that’s the only one I know over there that’s I believe owned by the State of New York. COUNCILMAN BREWER- Okay, thank you SUPERVISOR STEC- Any public comment? Hearing none, I will close this public hearing and entertain a motion RESOLUTION ADOPTING SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2010 Regular Town Board Meeting 09-14-2009 MTG #33 208 RESOLUTION NO.: 286, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi § WHEREAS, in accordance with New York State Town Law §202 and 202-a, the Queensbury Town Board has prepared the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2010 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury – Queensbury Avenue Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on September 14, 2009 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2010 for payment of public improvement expenses within the District in accordance with § New York State Town Law §202 and 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 14 day of September, 2009 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None PUBLIC HEARING- AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTYON EAGAN ROAD FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO WATERFRONT RESIDENTIAL- ONE ACRE (WR) Regular Town Board Meeting 09-14-2009 MTG #33 209 PUBLICATION DATE: SEPTEMBER 4, 2009 OPENED SUPERVISOR STEC- We set this public hearing a few weeks ago and the Warren County Planning Board determined there’s no county impact. That was sent back to us. We do have a SEQRA form to consider on this after we conduct our public hearing. So, if there’s any members of the public that would like to comment on this public hearing regarding the rezoning of this one property down off of Eagan Road, I just ask that folks raise their hand I will call on you one at a time. Alright, anything from the Board? Alright, I’ll close the public hearing. PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF. No B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED AGENCY. No ANY C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal. Potential for erosion, drainage or flooding problems? Explain briefly. NO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly. NO C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly. NO C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land, or other natural resources? Explain briefly. NO C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. NO C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly. NO C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly. NO Regular Town Board Meeting 09-14-2009 MTG #33 210 D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY NO E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN BRIEFLY. NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATIONAND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY ON EAGAN ROAD FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO WATERFRONT RESIDENTIAL - ONE ACRE (WR) RESOLUTION NO.: 287, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board is considering amending the Town Zoning Ordinance and Map to rezone a parcel of property on Eagan Road (Tax Map Parcel No.: 309.17-1-3) from Commercial Light Industrial (CLI) to Waterfront Residential (WR), 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 WHEREAS, the Town Board duly conducted a public hearing and heard all th interested parties concerning the proposed rezoning on Monday, September 14, 2009, and th WHEREAS, on or about September 9, 2009,the Warren County Planning Board considered the proposed rezoning and determined that there would be no County impact, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Short Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and Regular Town Board Meeting 09-14-2009 MTG #33 211 WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone a parcel of property on Eagan Road (Tax Map Parcel No.: 309.17-1-3) from Commercial Light Industrial (CLI) to Waterfront Residential (WR), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward a copy of this Resolution to the Town’s Zoning Administrator to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Senior Planner to send a certified copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. Regular Town Board Meeting 09-14-2009 MTG #33 212 th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None PUBLIC HEARING- REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR HOWARD COOPER PUBLICATION DATE: SEPTEMBER 4, 2009 OPENED SUPERVISOR STEC- Okay, I will open this public hearing. This is for relocating or to replace a mobile home which was destroyed by a tree that was fallen with a similarly sized mobile home on property located at 15 French Mountain Drive in Queensbury. Is there anyone from the public that would to comment on this public hearing? COUNCILMAN STROUGH- Is there a representative? SUPERVISOR STEC- Is anyone involved with this project, the owner or the applicant or an agent who would like to comment? Okay, do Board Members have any questions? COUNCILMAN MONTESI- I did drive up there and see it. It’s the nature, it’s not going to change much. SUPERVISOR STEC- Well, it was destroyed by a tree that had fallen. It’s replacing a mobile home. But because it’s outside of a mobile home court it needs a public hearing. That’s why we are here. COUNCILMAN STROUGH- The only question I had was, and I too went up there, there is that little cabin back there, I didn’t know if that was a living unit or a storage unit or whether they are going to fix it up or take it down? Plus, there was like a well house there and a little shed, a mini-shed. I didn’t know how they were going to use that. I mean, I certainly, I went to the Town’s web site and I see what was there and what they are replacing it with is pretty equal. SUPERVISOR STEC- Their application, in fact, says same size and they underlined it in handwriting. COUNCILMAN STROUGH- Well, I just had those questions but nobodies here to answer those. It’s not a deal breaker I don’t think. SUPERVISOR STEC- Okay, any other questions or comments by Board Members? Again, anybody else from the public that might want to comment. Alright, I will close this public hearing and entertain a motion to authorize a revocable permit. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR HOWARD COOPER RESOLUTION NO.: 288, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION Regular Town Board Meeting 09-14-2009 MTG #33 213 SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Howard Cooper filed a Town of Queensbury “Application for Placing a Mobile Home Outside of a Mobile Home Court" to seek Town Board approval to replace his mobile home, which was destroyed by a tree that had fallen, with a similarly-sized mobile home on his property located at 15 French Mountain Drive in the Town of Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on th Monday, September 14, 2009 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Howard Cooper in accordance with the terms and provisions of Queensbury Town Code §113-12. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None PUBLIC HEARING- REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR RANDY RYTHER PUBLICATION DATE: SEPTEMBER 4, 2009 OPENED SUPERVISOR STEC- Again, this is located on East Drive. It’s on property owned by Larry Clute, who I saw is here tonight in case we have questions. It’s to placed a single wide manufactured mobile home on property owned by Larry Clute located on East Drive. With that said, I will open the public hearing. Is there any members of the public that would like to comment on this public hearing? Or do any Board Members have questions? COUNCILMAN STROUGH- or there’s the representatives SUPERVISOR STEC- Larry do you want to come up and field any questions we might have. Regular Town Board Meeting 09-14-2009 MTG #33 214 LARRY CLUTE- Evening Sir SUPERVISOR STEC- Anything that you want to add. Did I misspeak at all? MR. CLUTE- No, sir COUNCILMAN MONTESI- Larry, where on Eagan Road SUPERVISOR STEC- East Drive COUNCILMAN MONTESI- Where on East Drive MR. CLUTE- Where is it? COUNCILMAN MONTESI- Yea MR. CLUTE- It’s about mid-way if you come off of Luzerne Road, about mid-way on your left hand side. It was a little difficult to identify initially but Randy’s cleared it so it’s pretty obvious RANDY RYTHER- its number fifteen, sir, fifth lot on the left as you go down East Drive, sir. COUNCILMAN MONTESI- I saw the one that’s cleared, okay MR. RYTHER- That’s the one, sir COUNCILMAN STROUGH- Well, I had a bunch of questions but I went over there last night and Randy was there and rattled off pretty good answers to every question I had. So, all the writing I had previously that I was going to ask today I don’t need to. He satisfactorily answered my questions; to my satisfaction anyways. SUPERVISOR STEC- Alright, does anyone want to comment on this public hearing? Anything else from Board Members? Alright, I’ll close the public hearing and entertain a motion to authorize. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR RANDY RYTHER RESOLUTION NO.: 289, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Randy Ryther filed a Town of Queensbury “Application for Placing a Mobile Home Outside of a Mobile Home Court" to seek Town Board approval to place a singlewide manufactured mobile home, with an 8’x24’ factory-purchased addition, on Regular Town Board Meeting 09-14-2009 MTG #33 215 property owned by Larry Clute and located on East Drive, just outside a mobile home overlay zone, in the Town of Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on th Monday, September 14, 2009 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Randy Ryther in accordance with the terms and provisions of Queensbury Town Code §113-12. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 2.0PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) MARC CERRO- Asked the Board to look into the feasibility of continuing the sidewalks on Garrison Road that end abruptly just past North Road. He is concerned about the safety of the children due to the fact that they have to walk to school. COUNCILMAN BREWER- You want us to go from North all the way down to Bay? MR. CERRO- Yes, all the way down to Bay. One side is fine, or even both sides. COUNCILMAN STROUGH- The Adirondack Glens Falls Transportation Council keeps on having these rounds of funding titled “Make the Connection Program”. This is available for numerous activities including sidewalk repairs as well as sidewalk connections. This is a perfect example of something that could be grant funded. The Town would have to match it with 20%. COUNCILMAN MONTESI- Will Contact Highway Superintendent, Mike Travis to have him go out there and put the stakes in. Would like to see what the impacts are. Some neighbors may not be in favor of this. The following was submitted by Mr. Cerro and will be on file in the Town Clerk’s Office: A list of signatures of neighbors who would like to see a feasibility study done as well as pictures of that area showing the poor conditions of the sidewalks and where the sidewalk ends CAROL LAPOINTE- Spoke to the Town Board regarding property behind Hughes Court, requested to be notified of any upcoming rezoning. SUPERVISOR STEC- At the end of the October the Board is going to start working on the six month review of the Comprehensive Land Use Plan. COUNCILMAN STROUGH- Offered to contact Ms. LaPointe of any rezoning. PLINEY TUCKER- Questioned how much property is being rezoned on Eagan Road. Regular Town Board Meeting 09-14-2009 MTG #33 216 SUPERVISOR STEC- Five acres MR. TUCKER- How much is left COUNCILMAN BREWER- None MR. TUCKER- Would like to see fire and EMS contracts done and approved at budget time. SUPERVISOR STEC- There is a good chance this year that we may have the fire contracts at least agreed to on paper if not all ready through a public hearing by Thanksgiving. MR. TUCKER- Questioned if Supervisor Stec attended the Warren County Board of Supervisor’s Meeting? SUPERVISOR STEC- The Chairman of the Board called a meeting and I did attend. MR. TUCKER-Why did it happen? SUPERVISOR STEC-The caucus was about to discuss strategy for the County Budget. I have never used the caucus option to conduct any town business, it is a tool in the tool bag but I do not believe in and have not used and don’t plan to. MR. TUCKER-Is Cool doing business with the Town of Queensbury? SUPERVISOR STEC-Cool is not doing any business with Queensbury. MR. TUCKER- Thanked the Board for any influenced they may have had on the repaving of Western Avenue. Questioned the Board about what brought about the rezoning of the property off Potter Road from ten acre to forty-two SUPERVISOR STEC- That was done four years ago and the Town did it at the time when they were looking at all the properties on West Mountain, French Mountain both public and private LC-10 acres and Parkland Recreation 10 acres. We looked at all of it and decided to set a public hearing on just changing the Parkland 10 to Parkland 42. We had a public hearing and I don’t recall anyone launching any objections but that was four years ago. MR. TUCKER-Reviewed for the Board this history of the Rezoning on the property off Potter Road in 1989 and the lawsuit. SUPERVISOR STEC-We have had some informal talks with the City on the rezoning issue, I am confident that this will resolve itself. COUNCILMAN STROUGH-Noted that he had approached the City regarding a meeting and it has not happened yet. MR. TUCKER-I would like to see the lawsuit stopped. COUNCILMAN BREWER-We are all in favor of that. 3.0RESOLUTIONS RESOLUTION SETTING HEARING ON MARIANNE MC DONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MC DONOUGH LAW OFFICE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER Regular Town Board Meeting 09-14-2009 MTG #33 217 CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 290, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs) have applied to the Local Board of Health for a § fourth variance/waiver from 136-44, as the McDonoughs have requested a permanent exemption from the Town’s connection requirements to connect their Graycourt Motel and Law Office properties to the Town of Queensbury’s Route 9 Sewer District, as the McDonoughs state that: all connections will entail excavation of over 620 linear feet of black top and returning it to original condition after connection would require complete resurfacing costing anywhere between $57,500 to $96,800 - a financial hardship; current sewage disposal systems are in excellent working condition and are used 8-10 weeks per year so it would not be cost effective to connect; the Motel Office with seasonal residence is occupied during the same time period as the Motel and the house facilities are for private use only – not public; and the Law Office, shared with Meadow Run Gifts, is operated seasonally and has no fully or part-time employees and are not open or occupied on a daily st basis; all as more fully set delineated in the McDonough’s August 21 letter and application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th October 5, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs)’s sewer connection variance/waiver application concerning the properties delineated in the preambles of this Resolution and located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.’s: 296.9-1-8 and 296.9-1-9), and BE IT FURTHER, Regular Town Board Meeting 09-14-2009 MTG #33 218 RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the McDonoughs as required by law. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM RONALD JECKEL RESOLUTION NO.: 291, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Cemetery Commission previously sold two (2) cemetery lots in the Pine View Cemetery to Ronald Jeckel – Lot No.: 3-D, Ondawa Section and Lot No.: 110A, Single Interment Section, and WHEREAS, Mr. Jeckel wishes to sell such lots back to the Cemetery Commission, and th WHEREAS, by Memorandum dated August 26, 2009, the Cemetery Commission and Cemetery Superintendent have recommended re-purchase of the lots and requests approval of the re-purchases from the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of lots in the Pine View Cemetery from Ronald Jeckel (Lot No.: 3-D, Ondawa Section and Lot No.: 110A, Single Interment Section) for the amount of $353.33, and BE IT FURTHER, Regular Town Board Meeting 09-14-2009 MTG #33 219 RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to Mr. Jeckel and properly account for the sales in the Town’s books and records. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AWARDING BID FOR MULTI-USE TRACTOR WITH SNOW BLOWER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 292, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Resolution No.: 103,2009, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of a new, unused, multi-use tractor with snow blower to remove snow from State and County sidewalks as more clearly specified in bid specifications prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, the Purchasing Agent and Highway Superintendent have reviewed the submitted proposals and recommended that the Town Board award the bid to Arrowhead Equipment, Inc., the highest bidder but the only bidder meeting all bid requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the purchase of a new, unused, multi-use tractor with snow blower for the Town’s Highway Department from Arrowhead Equipment, Inc., for an amount not to exceed $135,885 to be paid for from Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to transfer $135,885 from Account No.: 004-5130-4410 Regular Town Board Meeting 09-14-2009 MTG #33 220 Fuel for Vehicles to Account No.: 004-5130-2040 and effectuate such 2009 Budget Amendment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Highway Superintendent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2009 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR COOLING TOWER/AIR CONDITIONING EQUIPMENT RESOLUTION NO.: 293, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Resolution No.: 153,2009, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the replacement of a cooling tower/air conditioning equipment at the Town of Queensbury’s Office Building Complex as more clearly specified in bid specifications prepared by the Town’s Facilities Manager, Town Engineer and/or Town Purchasing Agent, and th WHEREAS, on August 18, 2009, the Purchasing Agent duly received and opened all bids, and WHEREAS, Vision Engineering, the Purchasing Agent and Town Facilities Manager have recommended that the Town Board award the bid to the lowest responsible bidder, Tri-Tech, Inc., for an amount not to exceed $34,950, NOW, THEREFORE, BE IT Regular Town Board Meeting 09-14-2009 MTG #33 221 RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the replacement of a cooling tower/air conditioning equipment at the Town of Queensbury’s Office Building Complex from Tri-Tech, Inc., for an amount not to exceed $34,950, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed documentation, including an Agreement between the Town and Tri-Tech, Inc., in form acceptable to the Town Supervisor, Vision Engineering, Town Budget Officer, Facilities Manager and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such Project be paid from Account No.: 001-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to transfer $34,950 from Contingency Account No.: 001-1990-4400 to Account No.: 001-1620-2899 and effectuate such 2009 Budget Amendment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Town Budget Officer, Town Facilities Manager and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR WATER DEPARTMENT 1996 EXPANSION ROOF REPAIRS PROJECT Regular Town Board Meeting 09-14-2009 MTG #33 222 RESOLUTION NO.: 294, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Water Superintendent and Civil Engineer wish to advertise for bids for the Water Department’s 1996 Expansion Roof Repairs Project as more clearly specified in bid documents and specifications prepared by Vision Engineering, LLC, and in form approved by the Water Department Superintendent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for the Water Department’s 1996 Expansion Roof Repairs Project in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this day of September 14, 2009, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF TOWN COMPLEX UPGRADE OF SANITARY SEWER SYSTEMS CAPITAL PROJECT FUND NO: 167 RESOLUTION NO.: 295, 2009 INTRODUCED BY: Mr. John Strough Regular Town Board Meeting 09-14-2009 MTG #33 223 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Resolution No.: 177,2007, the Queensbury Town Board established the Town Complex Upgrade of Sanitary Sewer Systems Capital Project Fund #167, and WHEREAS, the Town Facilities Manager has advised that the project is complete, and WHEREAS, the Town’s accounting records show that there is approximately $4,428.61 remaining in Capital Project Fund #167, and WHEREAS, the Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to Capital Project #174 Michael’s Drive Drainage Project - Account #174-9950-9030, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Town Complex Upgrade of Sanitary Sewer Systems Capital Project Fund #167 and transfer the Fund’s remaining balance to Capital Project #174 Michael’s Drive Drainage Project - Account #174-9950-9030, 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 14 day of September, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None Regular Town Board Meeting 09-14-2009 MTG #33 224 RESOLUTION AUTHORIZING PROMOTION OF KEVIN MONETTE FROM WATER PLANT OPERATOR I TO WATER PLANT OPERATOR II RESOLUTION NO.: 296, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Water Superintendent and Civil Engineer have recommended that the Town Board authorize the promotion of Kevin Monette from Water Plant Operator I to Water Plant Operator II at the Town’s Water Treatment Plant, and WHEREAS, the Civil Engineer has advised that Mr. Monette has passed the Departmental test for the position and has the required job experience, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Kevin Monette from Water Plant Operator I to Water Plant Operator II at the th Town Water Treatment Plant effective on or about September 15, 2009 at the rate of pay specified in the Town’s CSEA Union Agreement for the position for the year 2009, and BE IT FURTHER, RESOLVED, that in accordance with the Town’s Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent, Civil Engineer 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 14 day of September, 2009 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None Regular Town Board Meeting 09-14-2009 MTG #33 225 ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH DAVID J. DECKER, P.E. & ASSOCIATES FOR PROVISION OF YEAR 2009 PROGRAM AND PROJECT MANAGEMENT SERVICES RELATED TO “LAKE GEORGE – PLAN FOR THE FUTURE” GRANT FUNDING AND EXECUTION OF AGREEMENT # C006868 WITH NEW YORK STATE AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT FUNDS RESOLUTION NO.: 297, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the environmental health and overall quality of life in the Lake George Watershed area is critical to the social and economic well being for the Town of Queensbury, Warren County and the region in general, and WHEREAS, the protection, preservation and proper management of water quality within the basin is an essential ingredient to maintaining this revered natural resource as a key to the social and economic vitality of this region, and WHEREAS, the Town of Queensbury has been an active participant in developing the critically important water quality management plan, and WHEREAS, the adopted document, entitled, “Lake George – Plan for the Future” identifies numerous recommendations and actions as being critical to pursuing the objectives of preserving, protecting and enhancing the water quality throughout the Basin, several of which will require the engagement of contract services to execute these recommendations, and WHEREAS, by Resolution No.: 340,2008, the Queensbury Town Board authorized submission of the Environmental Protection Fund Application for State Assistance th Payments – Local Waterfront Revitalization Program, Year 2008-2009 dated June 30, 2008 in response to New York State’s solicitation of Financial Assistance Grant, and WHEREAS, the NYS Department of State recently awarded to the Town of Queensbury, on behalf of all participating municipalities in the Lake George Watershed Coalition (LGWC), $1,200,000 in matching grant funds for implementation of the Local Waterfront Revitalization Program for 2009-2010, such funds to supplement an announced construction project being progressed by the New York State Department of Transportation Regular Town Board Meeting 09-14-2009 MTG #33 226 to reconstruct part of Route 9, extending into the Village of Lake George, with the local match for this grant already secured by three members of the LGWC, namely the Town of Lake George, Village of Lake George and Warren County, regarding the purchase of the Gaslight Village property and the LGWC’s purchase of the 1400 acre Berry Pond Tract located within the West Brook Watershed,and WHEREAS, the Town Board wishes to also authorize a Year 2009 Agreement with Decker & Associates for the provision of program and project management services in connection with the Town’s grant award, and WHEREAS, a copy of a proposed Agreement between the Town and Decker & Associates has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $1,200,000 in matching grant funding to be received from New York State for implementation of the Environmental Protection Fund Application for State Assistance Payments – Local Waterfront Revitalization Program, Year 2009-2010program as more specifically set forth above, in the interest of advancing the important work of protecting the preservation of water quality of Lake George, and authorizes and directs the Town Supervisor to execute a Grant Agreement and any other associated documentation and take any other action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further establishes appropriations and estimated revenues as follows: ? Increase Appropriations in Account 014-8310-4400-6868 by $1,200,000; ? Increase Revenue in Account 014-0000-53789-6868 by $1,200,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2009 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 Regular Town Board Meeting 09-14-2009 MTG #33 227 BE IT FURTHER, RESOLVED, that the Town Board further approves of the Agreement for Services between David J. Decker, P.E. & Associates and the Town of Queensbury substantially in the form presented at this meeting for the provision of program and project management services relating to grant funds received by the Town, and BE IT FURTHER, RESOLVED, that the fees paid to Decker & Associates for rendering 12 months , worth of program management services shall be $94,750 not to include out-of-pocket expenses, such services to paid by a temporary loan from the General Fund until such time as the Town receives its grant funds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Agreement and further authorizes and directs the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE DAVID J. DECKER- I want to take the opportunity to just say a couple of words from the other members of the conference to the Town. First of all, I would like to thank the Town for their continued support of the Watershed, now it’s called the Watershed Coalition, as opposed to the Watershed Conference. We had a name upgrade over the last year. Especially the staff participation and the assistance we get from your very staff members. You folks act as a true testament and kind of a leader amongst other towns in recognizing the goals and objectives of protecting and enhancing the water quality of Lake George. Certainly one highlight that was noted at a recent meeting of the conference was the fact that the Town adopted the critical environmental area regulations and standards. In recognition of these things and I mentioned it to Supervisor last week the Conference is going to be recognizing the Town at our upcoming fifth annual forum which is going to take place th October 13 at the Fort William Henry. The Town will be recognized and be the recipient of the Frank L. Leombruno Stewardship Award. Each year we give out an award recognizing outstanding leadership in this area in protecting and enhancing the Lake and there are four different classes and you folks have qualified and were recommended for receipt of the municipal class. In summary, thank you for your continued support. What I handed out to you tonight was just a simple map showing you an overview, a schematic, if you will, of the Gaslight Village property. The contract that is the subject of the resolution, you’ll see on the map there’s a pink area, green area and a tan colored area. The so called south parcel is the parcel that is associated with the resolution. Two years ago one of the applications we Regular Town Board Meeting 09-14-2009 MTG #33 228 submitted, or you submitted on behalf of the rest of the conference included funding for the installation of various storm water improvements on the Gaslight Village property. The State saw fit to basically split that application in two and award a grant in the amount of one point two million dollars specifically for development work at the Gaslight Village property in the purple area, the south parcel. The other piece of it was awarded in a six hundred thousand dollar grant for which we had not received the contract yet so that will be another visit to you folks when I come back probably in another month when that ones through. But, this one point two million dollars is being married up to a six hundred thousand dollar grant from the Department of Transportation along with various other grants from Department of Transportation, US Army Corp of Engineers, The United States Department of Agriculture. Total funding so far I believe, is somewhere in the neighborhood of six and a half to seven million dollars. So the project is finally got its legs. Actually, we’ll be having a meeting here in your Town Hall on Thursday with all of the various funding entities just to make sure that everybody’s got their ducks in order. Construction, first activities are planned for the spring. That’s when DOT will be awarding the first contract for the rehabilitation of Route 9 and the work on the south parcel will be an adjunct to our piece of that Route 9 Rehabilitation Project. The project has been long and coming, lots of folks have been involved with it, and you folks have been central players in it, in providing assistance and support. Again, the Conference wants to thank you for that. If you have any particular questions about the project I’d be happy to answer them. COUNCILMAN MONTESI- Dave, the building that presently sits there on the south parcel is coming down? MR. DECKER- Correct COUNCILMAN MONTESI- And then the little notch that you see on this display that you gave us going out into the roadway is that the drainage? MR. DECKER- Right, that’s correct, what you see there is if you visualize Route 9 to the left, if you will, going into the village, that south parcel piece will collect all the storm water coming off Route 9, route it through a series of yet to be built deep pools, shallow pools, specific plantings that are there for, nutrient uptake and they will exit that property back into Westbrook where you see that little pink notch. The only change there is that the principals are negotiating with DEC for the possible use of the adjacent wetlands where it says State land excluded to the right of that. It is possible that we may be able to route the storm water, the treated storm water in through there and then into the stream. So, the only difference would be the exit point from the property will be a little bit farther down the stream. COUNCILMAN MONTESI- Think they will let that happen on a forest preserve? MR. DECKER- I don’t know that’s at some level above my pay grade where that’s being negotiated. COUNCILMAN MONTESI- Okay, great, that would be great COUNCILMAN STROUGH- Well, and the other things in the mix, and I want to thank you for responding to my email Dave, we have the Rockhurst septic district that’s underway, at least in some form it’s underway. You’re going to investigate the question are we allowed to ban lakeside fertilizers. MR. DECKER- Correct, one of the questions put forth was who has the authority or what entity could undertake looking at banning or restricting the use of fertilizers or fertilizers laden with all kinds chemical that are doing harm to the lake specifically phosphorus is the culprit. So, I’m going to provide a report back to you folks back into the Conference in general is to how we might proceed on that measure. But, the Rockhurst septic district specifically, if you recall one of the other grants that you folks received was a hundred thousand dollar grant from the DEC for that. Believe it or not, we still don’t have that signed contract from the State. As the budget for that Rockhurst Septic District was contingent upon incorporating the money from that grant I didn’t want to proceed with actually finalizing the formation of the district and then not have the contract because then we would be basically, out a hundred thousand dollars of the budget. That we wouldn’t want to do Regular Town Board Meeting 09-14-2009 MTG #33 229 because they would have to reopen the whole process again. I’ve been told by the staff that we should have that contract prior to the end of October so we can finalize that. Then go on to other districts that we already have funding for. There is another grant that was received through the offices of Senator Little which we thought was actually going to be cut right out of the picture but it wasn’t. This was a funding to do an analysis of the use of salt and sand on our various watershed roads. That’s something that will also be starting off this fall because that funding did make it through the gauntlet. I’m just surprised that some things are making it and other things that aren’t making it. COUNCILMAN STROUGH- Also down the mix and down the road we are going to be looking at what I call the lower Cleverdale, I suppose maybe southern might be a better term, storm water and possible a community septic in that southern Cleverdale area. MR. DECKER- Correct, we already have funding in place to do the feasibility analysis for those. Again, it kind of takes in the direction of the board, we wanted to walk before we ran and get the Rockhurst settled and set up before we started inventing any other ones. One other comment just to let you know, with most of the grants, well with all the grants there is a fifty, fifty match. The match for the one point two million dollars has already been met. It’s been met by virtue of the fact that the three e’s if you will, the three environmental groups and the three m’s jointly purchased the Gaslight Village property and the Lake George Land Conservancy purchased the upland piece, the fourteen hundred acre Berry Pond Tract. The acquisition of both those properties will satisfy a hundred percent of the match for this one point two million dollars. So, it’s already done. That’s a real positive aspect for that grant. COUNCILMAN STROUGH- Okay, thanks Dave SUPERVISOR STEC- Thank you Dave, appreciate it. RESOLUTION AUTHORIZING OCCUPANCY FUNDS TO BE USED AS MATCHING GRANT FUNDS RELATED TO RECREATION IMPROVEMENTS AT THE FEEDER CANAL WITHIN AND OUTSIDE THE HUDSON RIVER OVERLOOK PARK RESOLUTION NO.: 298, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by prior Resolution and Agreement the Queensbury Town Board provided in the 2009 Town Budget for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and Regular Town Board Meeting 09-14-2009 MTG #33 230 WHEREAS, by Resolution No.: 532 of 2006, the Warren County Board of Supervisors applied for and received a grant in the amount of $140,585 from the New York State Canal Corporation Erie Canal Greenway Grant Program and under the terms of such grant award, Warren County acted as lead sponsor for a work program designed to increase public access to the Feeder Canal and Towpath Trail, such projects to be undertaken and funded by the proposed participants, the Town of Queensbury, City of Glens Falls, Feeder Canal Alliance and possibly Finch Pruyn, and WHEREAS, by Resolution No.: 275 of 2007, Warren County authorized execution of agreements with the participating parties for such Grant, and WHEREAS, by Resolution No.’s: 362,2006 and 395,2006, the Queensbury Town Board expressed its support of the Erie Canal Greenway and Warren County’s application for 2006 Erie Canal Greenway Grant Program Funds from the New York State Canal Corporation, and certified the availability of the required matching funds in cash and in-kind services equal to or exceeding 50% of the total Hudson River Overlook Park Project costs of up to fifty thousand dollars ($50,000), and WHEREAS, the Town Board wishes to accordingly authorize provision of grant funds to be used for recreation improvements in the area of the Feeder Canal, such improvements including the purchase of park benches and picnic tables to be used by not only Town of Queensbury residents, but also by the general public, including many tourists who serve as an economic boon to the Town of Queensbury and entire area, such funds to be in the amount of $21,800 to be from the Town’s occupancy tax revenues received from Warren County, with $10,900 (50%) to be reimbursed to the Town from grant funds received by Warren County, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of funds in the amount of $21,800 for recreation improvements in the area of the Feeder Canal both within and outside the Hudson River Overlook Park as delineated in the preambles of this Resolution, such funds to be from Warren County occupancy tax revenues received by the Town and to be paid for from Account No.: 050-6410-4412, with $10,900 (50%) to be reimbursed to the Town from grant funds received by Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate the following 2009 Budget Amendment: Regular Town Board Meeting 09-14-2009 MTG #33 231 ? Increase Appropriations in Use of Occupancy Tax Account 050-6410- 4412 by $21,800; ? Increase Revenue in State Aid Account 050-0000-53889 by $10,900; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Director of Parks and Recreation to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH FITZY’S FANCIES RESOLUTION NO.: 299, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Sean Fitzpatrick is the food concessionaire for Putter’s Restaurant and Lounge at the Bay Meadows Golf Course located at 31 Cronin Road, Queensbury, New York, and WHEREAS, there will soon be a change of ownership at such location from Michael Melucci to Mr. Fitzpatrick and Mr. Fitzpatrick will open his new business, Fitzy’s Fancies, at such location and therefore Mr. Fitzpatrick is awaiting a transfer of liquor license from current owner Michael Melucci to Mr. Fitzpatrick, and WHEREAS, Mr. Fitzpatrick has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the permit for change of ownership to licensed premises, and Regular Town Board Meeting 09-14-2009 MTG #33 232 WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before Mr. Fitzpatrick’s permit is issued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the permit regarding the change of ownership is issued to Sean Fitzpatrick regarding Fitzy’s Fancies at 31 Cronin Road, Queensbury. and that the Town Board has no objection to such change of ownership and permit, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION TO AMEND 2009 BUDGET RESOLUTION NO.: 300, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 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 Regular Town Board Meeting 09-14-2009 MTG #33 233 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2009 Town Budget as follows: To From CodeAppropriationCodeAppropriation$ 001-1680-1010Wages001-1680-2001Misc. Equipment10,000 001-3620-4711Engineering Charges001-3410-4120Printing300 031-0000-0909Fund Balance031-8120-4400Misc. Contractual2,850 th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION TO NOTIFY WARREN COUNTY OF OMITTED TAXES REGARDING PROPERTY LOCATED AT 39 BELLE AVENUE, QUEENSBURY RESOLUTION NO.: 301, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in or about October, 2007, a structured located on the property at 39 Belle Avenue in the Town of Queensbury (Tax Map No.: 303.16-1-38), owned by Michael Holmberg, suffered damage as a result of a fire and subsequent neglect, and WHEREAS, the Queensbury Town Board received input from the Town’s Health Officer and Director of Building and Codes Enforcement indicating that the structure was a health hazard and needed to be demolished, and st WHEREAS, on October 1, 2007, by Town Board Resolution No.: 450,2007, the Town Board declared the structure on the property to be dangerous and unsafe to the public, and ordered its demolition if the property owner did not secure the property, and WHEREAS, in accordance with such Resolution, the structure was demolished at a cost to the Town of Queensbury in the amount of $11,500, as the property owner did not take such necessary action, and Regular Town Board Meeting 09-14-2009 MTG #33 234 WHEREAS, no portion of such amount has been recovered, and WHEREAS, in accordance with New York State Town Law §130(16), the charge is properly assessed as a tax against the property, and WHEREAS, according to a recent review of Town records, such tax has mistakenly not been assessed against the property, NOW, THEREFORE, BE IT RESOLVED, that the amount of $11,500 shall be assessed against the property at 39 Belle Avenue in the Town of Queensbury (Tax Map No.: 303.16-1-38) as an omitted tax, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to send a certified copy of this Resolution to Michael Swan at the Warren County Real Property Tax Services Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None * DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC- Explained that there is an outstanding invoice of eleven and a half thousand dollars that was unpaid to demolish. We had to demolish a property, when the property owner failed to do so and we wanted to make sure that this lean is included on this property because we believe that it is heading towards a foreclosure action. COUNCILMAN STROUGH- Explained that the definition of omitted taxes. Omitted taxes are for improvements generally building to the property to which value should have been assess in prior years but wasn’t. Omitted assessments can be added up to three prior years, taxes are based on the assessed value and levy rate appropriate for each prior year. You get an additional year to pay omitted taxes. Regular taxes, which are not omitted taxes remain due. So, it’s like an extra tax that are due because of an assessment that was not of full value. Regular Town Board Meeting 09-14-2009 MTG #33 235 SUPERVISOR STEC- This is the first time I’ve seen this in almost ten years. It doesn’t happen that often and we are glad that our attorney’s caught it and alerted us to make sure that we did this to protect us. RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS OF THTH AUGUST 25 AND SEPTEMBER 15, 2009 RESOLUTION NO.: 302, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills thth presented as Warrants with run dates of August 25 and September 10, 2009 and thth respective payment dates of August 25, 2009 and September 15, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with thth run dates of August 25 and September 10, 2009 and respective payment dates of August thth 25 and September 15, 2009 totaling $63,705.44 and $1,009,923.26, respectively, 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 14 day of September, 2009, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None ORDER SETTING PUBLIC HEARING FOR PROPOSED SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT EXTENSION NO. 1 - NAT HILL PROPERTIES – SPORTLINE POWER PRODUCTS BUILDING ADDITION RESOLUTION NO.: 303, 2009 INTRODUCED BY: Mr. Anthony Metivier Regular Town Board Meeting 09-14-2009 MTG #33 236 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to establish an extension to the South Queensbury – Queensbury Avenue Sewer District to be known as South Queensbury – Queensbury Avenue Extension No. 1 – Nat Hill Properties – Sportline Power Products Building Addition, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.C., Nace Engineering, PC, engineers licensed by the State of New York, regarding the proposed Sewer District Extension to serve the Nat Hill Properties - existing Sportline Power Products commercial building and new building addition located on approximately 4.09 acres (2.04 acres to be added to the District and 2.05 acres currently in the District) of land on the east side of East Quaker Service Road (Tax Map Parcel No’s: 303.15-1-19 and 303.15-1-20) as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Town Board accepts such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and such Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed Sewer Extension in accordance with Town Law Article 12-A and consolidate the Extension with the South Queensbury – Queensbury Avenue Sewer District in accordance with Town Law §206-a, and WHEREAS, Part I of a Short Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Queensbury Town Board shall hold a public hearing to consider establishment of the previously described proposed extension to the South Queensbury – Queensbury Avenue Sewer District to be known as South Queensbury – Queensbury Avenue Sewer District Extension No. 1 – Nat Hill Properties – Sportline Power Products Building Addition. Regular Town Board Meeting 09-14-2009 MTG #33 237 2. The boundaries of the proposed Extension and benefited areas of the South Queensbury – Queensbury Avenue Sewer District are as set forth in the Map, Plan and Report previously described in this Order 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 BEGINNING bounded and described as follows: at a point in the northeasterly bounds of East Quaker Service Road at the most southerly corner of Lot 1 and the most westerly corner of Lot 2 as shown on a map of Quaker Ridge Commercial Plaza, section B by C.T. Male Associates, P.C.; running thence North 31 degrees, 06 minutes and 33 seconds East, on the division line between Lots 1 and 2, a distance of 328.49 feet to the southerly bounds of the lands of Niagara Mohawk Power Corporation; thence running along the same, North 89 degrees, 56 minutes and 47 seconds East, a distance of 257.02 feet to the most northerly corner of Lot 8; thence running along the same, South 31 degrees, 06 minutes and 32 seconds West, a distance of 39.42 feet to the most northerly corner of Lot 3; thence continuing South 31 degrees, 06 minutes and 32 seconds West, on the division line between Lots 2 and 3, a distance of 439.82 feet to the easterly bounds of said East Quaker Service Road; thence running along the same, North 54 degrees, 16 minutes and 37 seconds West, a distance of 220.65 feet to the point and place of beginning, containing 2.04 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. 3. The proposed sanitary sewer facilities for Sewer Extension #1 will consist of the installation of a new sewer lateral from a proposed E-One GP 2014 duplex grinder pump system and 225 LF of 1-1/4” PE pressure sewer connecting to a point of service at existing Town of Queensbury sewer force main within the National Grid Right-of-Way to the north of the parcel. The City of Glens Falls Wastewater Treatment Facility receives all wastewater collected in the South Queensbury – Queensbury Avenue Sanitary Sewer District including that which is proposed to be generated by this District Extension. The City WWTP has the capacity to provide the Town of Queensbury with the capacity necessary for this District Extension. All such Sewer Extension improvements are more specifically delineated in the Map, Plan and Report. The cost shall include a buy-in to the City of Glens Falls Wastewater Treatment Plant in the amount of $435 ($1.00 per gallon fee x 435 gpd for the two parcels). 4. All costs of construction, legal and engineering fees shall be the responsibility of the developers and will be privately owned and those costs are not intended Regular Town Board Meeting 09-14-2009 MTG #33 238 to be shared by other users within the Sewer District in accordance with a formula delineated in the Map, Plan and Report. The improvements shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, any State laws or regulations, in accordance with approved plans and specifications and under competent engineering supervision. 5.There are no Town hook-up fees for connection to the Sewer District once it is formed. The cost of the lateral and its hook-up to the Sewer District is included in the $15,000 maximum estimated cost of the Project. The annual cost of the District for the first year of operation to the typical property is $890.92, comprised of $438.52 for the annual benefit tax and $452.40 for the estimated operation and maintenance cost. There is no estimated annual cost for a typical one or two-family home since (1) there are no one or two-family homes currently located in the proposed District Extension, and (2) the only property located within the proposed District Extension is zoned commercial and currently will be developed as commercial (i.e., a building addition for the Sportline Power Products building), not residential. The maximum estimated cost of the improvements is $15,000, which will be paid entirely by the developers. 6. In accordance Town Law §206-a, all future expenses of the South Queensbury - Queensbury Avenue Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 7. The Map, Plan and Report describing the improvements, area involved and a detailed explanation of hook-up fees and cost of the District to the typical property (i.e., the sole property), and, if different, the typical one or two family home, is on file with the Queensbury Town Clerk and is available for public inspection. 8. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, October 19, 2009 to consider the Map, Plan and Report, hear all persons interested in the proposal and take such other and further action as may be required or authorized by law. 9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. Regular Town Board Meeting 09-14-2009 MTG #33 239 10. The Town Board hereby authorizes and directs the Town of Queensbury Community Development Department to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 11. The Town Board further authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. th Duly adopted this 14 day of September, 2009, 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- Questioned why this wasn’t included originally. Looking at the Map, Plan and Report, you can see that everything except for Sportline’s little building and little piece of property was included into the sewer district with the exception of just this… RESOLUTION CANCELING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 304, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the next regular meeting of the Queensbury Town Board is scheduled th for Monday, September 28, 2009, and WHEREAS, the Town Board wishes to cancel such meeting as the next regular th Town Board Meeting is scheduled for just one week later, on October 5, 2009, NOW, THEREFORE, BE IT Regular Town Board Meeting 09-14-2009 MTG #33 240 RESOLVED, that the Queensbury Town Board hereby cancels its regular Town th Board meeting presently scheduled for Monday, September 28, 2009 and authorizes and directs the Town Supervisor and/or Town Clerk to take any necessary actions to effectuate and/or publicize such meeting date change. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 4.0CORRESPONDENCE DEPUTY TOWN CLERK, MELLON- The Supervisors report for Community Development/Building and Codes for the month of July is on file in the Town Clerk’s Office. 5.0TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER- ? Has met with the presidents of both the Glen Lake Protective Association as well as the Lake Sunnyside Protective Association to talk about their aquatic plant growth control districts. Discussed setting up new tax districts for both lakes that will allow the Town to collect tax revenue from the residents that live on the lakes to be used for future control of weeds, mostly milfoil, but any type of aquatic nuisance weed that these lakes have been dealing with in past years. Lake Sunnyside is actually ahead in this and they were originally on the agenda tonight but they have requested to be postponed until the next Town Board Meeting on th October 5. At this time some funds will be set aside to work on the Map, Plan and Report. Expected that Glen Lake will follow suite within the next year. In hopes that these will be up and running within the next year or two. They can not be formed this year; it is too late in the year. ? Read a letter from the Lake George Water Keeper and the Fund for Lake George regarding “Queensbury Zoning Update Waterfront Residential Districts and Designs”. In the letter the Town Board was commended for its approval of the new zoning ordinance and the Planning Ordinance Review Committee was also praised for all of the leadership, hard work and diligence in completing the final document that was adopted. ? Will be making a visit to French Mountain with Councilman Montesi tomorrow. They will be taking a look at the work that had to be done on the western slope in order for Dave Wick to sign off on it. ? Wished Supervisor Stec luck in tomorrow’s Primary. COUNCILMAN MONTESI- ? Spoke to some neighbors in and around Glenwood Avenue regarding the Town’s property on Hovey Pond. The residents would like the Town to grub it and clean it up so they have a better view of Hovey Pond. He has spoken to Steve Lovering, Director of Parks and Recreation, about getting started on this. ? In receipt of a letter from a tax payer asking the Town Board to be cognizant of the fact that the Queensbury budget does have an impact on the County budget. ? Tomorrow is Primary Day, urged everyone to get out and vote. Regular Town Board Meeting 09-14-2009 MTG #33 241 COUNCILMAN STROUGH- ? Spoke regarding the Queensbury Senior Citizens. If you are fifty-five years or older and interested in joining please call 761-8224 or log onto www.seniorsonthego.org ? Spoke of some articles in the Post Star over the past month regarding exercise, bicycle rules of the road and the Warren County Bike Trail. ? Has been contracted by constituents regarding phone books and other flyer type material being thrown on their property. Councilman Strough will speak to the attorney’s to see if there is any law against this. COUNCILMAN BREWER- ? The drainage is in on Michael’s Drive is complete. Thanked the Board for their support on this project. ? Thanked TKC Construction for all the work done on Ryan Avenue and Richardson Street. They put almost two thousand feet of pipe and a water line for the residents over there. Spoke to Don Fletcher of Barton and Loguidice who suggested that an empty conduit with a pull string be installed for fiber optics from Luzerne Road to Main Street. Prime Link has an interest in supplying the fiber optics in that area. An agreement was made to go ahead and install the empty conduit for the cost of $8,000. When the fiber optic is put in they are going to sell the conduit back to the company that put it in. ? Wished Supervisor Stec luck in the Primary tomorrow. Urged everyone how is eligible to please vote. SUPERVISOR STEC- ? Had a meeting with Attorney, Bob Hafner and Don Fletcher from Barton and Loguidice and representatives from Prime Link. Prime Link is a company out of Plattsburgh who do fiber optic infrastructure. They provide fiber optic information services to the business community. Their fiber optic line runs down the railroad right of way through Fort Edward. They are looking to run fiber optic from Fort Edward over to Queensbury via Warren Street and then through Glens Falls, Route 9, Quaker Road and Main Street. Since Kubricky is installing the water line on Main Street it was suggested to add this infrastructure now. The idea is that Main Street is going to have fiber optics in these conduits and now we’ve added a conduit that’s just a couple feet buried underground along Richardson Street that will service the Tech. Meadows Industrial Park This will benefit Glens Falls as well as Queensbury. For the cost of $8,000 it makes more sense and it’s safer to run this line underground. ? Thanked TV8 and sponsors for televising these meetings. ? Town’s website: www.queensbury.net . There is a great deal of information on this site. Thanked Ryan Lashway from the IT Department for all the work he has done on Town’s website. ? The Highway will be sending out a letter regarding the upcoming fall waste pickup. As you prepare your yard waste, please remember to only put yard waste in biodegradable bags (no plastic bags) and make sure bags are less than 50lbs. Pickup is as follows: th Ward 4 November 2 – 6 *yard waste must be out by Nov. 1st th Ward 3 November 9 – 13*yard waste must be out by Nov. 8th th Ward 1 & 2 November 16-20*yard waste must be out by Nov. 15th 6.0EXECUTIVE SESSION RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 305, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough Regular Town Board Meeting 09-14-2009 MTG #33 242 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session for discussion of a current litigation matter. th Duly adopted this 14 day of September, 2009, by the following vote: Ayes: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 306. 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT:None No action taken during Executive Session RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 307, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. h Duly adopted this 14t day of September, 2009, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury