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2009-10-19 MTG# 37 REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 275 REGULAR TOWN BOARD MEETING MTG#37 TH OCTOBER 19, 2009 RES# 323-324 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS WASTEWATER DIRECTOR, MIKE SHAW PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEC 1.0PUBLIC HEARING SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT EXTENSION NO. 1 – NAT HILL PROPERTIES – SPORTLINE POWER PRODUCTS BUILDING ADDITION OPENED PUBLICATION DATE: October 2, 2009 TOM NACE REPRESENTING APPLICANT SUPERVISOR STEC-This is a one property two tax maps tax parcels a sewer district extension for South Queensbury Sewer at the request of the owner of the property who is actually developing it right now. We are going to have two resolutions for this the first one is involving a SEQRA determination and the second one would potentially be for the actual approval of the sewer district. With that said, I will open the public hearing I see Mr. Nace is here on behalf of the applicant do you want to add anything to what I said? MR. NACE-I have nothing to add the facts are in the report if there are any questions I will be glad to answer them. SUPERVISOR STEC-I will declare this public hearing open if there are any members of the public that would like to ask any questions about this sewer district extension I just ask that you raise your hand, I will call on you. Are there any questions from Town Board members? COUNCILMAN MONTESI-This is just tying into the line that runs by that building right. MR. NACE-Yes it is. There is a pressure sewer that runs up the Niagara Mohawk right of way it is simply tying this one parcel or now it is one parcel into that line. COUNCILMAN BREWER-Is it on their side of the road Tom or the other side. MR. NACE-It is on the northeast side of Quaker Road along the power line it is actually in the power line right of way. COUNCILMAN MONTESI-Tom is the old building hooked up? MR. NACE-No, it is not presently it will be hooked up with this project. REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 276 COUNCILMAN MONTESI-That is what confused me because I thought the old one was already hooked to it. MR. NACE-It was not. If you look at the old district this one parcel was left out of the original district I think probably at the request of the property owner. SUPERVISOR STEC-Is there any other public comment or questions from the Town Board, seeing none I will close the public hearing. PUBLIC HEARING CLOSED PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE NO FULL EAF. B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED NO AGENCY. ANY C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF 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 10-19-2009 MTG# 37 277 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 DETERMINATION OF NON- SIGNIFICANCE REGARDING SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT EXTENSION NO. 1 – NAT HILL PROPERTIES – SPORTLINE POWER PRODUCTS BUILDING ADDITION RESOLUTION NO.: 323, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to establish an extension to the South Queensbury – Queensbury Avenue Sewer District to be known as the South Queensbury – Queensbury Avenue Extension No. 1 – Nat Hill Properties – Sportline Power Products Building Addition, and WHEREAS, the Town Board is duly qualified to act as lead agency and accepts lead agency status for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Short Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the proposed extension to the South Queensbury – Queensbury Avenue Sewer District to be known as the South Queensbury – Queensbury Avenue Extension No. 1 – Nat Hill Properties – Sportline Power Products Building Addition will not have a significant effect on the environment, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 278 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Short Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. th Duly adopted this 19 day of October, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPROVING SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT EXTENSION NO. 1 – NAT HILL PROPERTIES – SPORTLINE POWER PRODUCTS BUILDING ADDITION RESOLUTION NO. 324, 2009 INTRODUCED BY: Mr. Anthony Metivier 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 the 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 th WHEREAS, on September 14, 2009 subsequent to the filing and acceptance of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 279 Hearing Order”) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the fact that all costs of the improvements will be paid for by the Developer and not the Town of Queensbury; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, 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, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly th held on Monday, October 19, 2009 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article 12-A and consolidate the Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law §206-a, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1.Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2.All property and property owners within the District Extension are benefited; REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 280 3.All property and property owners benefited are included within the limits of the District Extension; 4.It is in the public interest to establish, authorize, and approve the South Queensbury – Queensbury Avenue Sewer District Extension No. 1 – Nat Hill Properties – Sportline Power Products Building Addition to the existing South Queensbury – Queensbury Avenue Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 5.In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the South Queensbury – Queensbury Avenue Sewer District Extension No.: 1 – Nat Hill Properties – Sportline Power Products Building Addition in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1.The obtaining of any necessary permits or approvals from the New York State Department of Health; 2.The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3.Permissive referendum in the manner provided in New York State Town Law Article 7; and 4.The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 281 person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk. th Duly adopted this 19 day of October, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None 2.0PRIVILEGE OF THE FLOOR PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Asked Supervisor Stec if he was the Finance Officer at the County. SUPERVISOR STEC-No, the Financial Officer at the County is the Treasurer, Mr. O’Keefe. MR. TUCKER-Asked what his position is at the County. SUPERVISOR STEC-The Finance Committee Chairman. MR. TUCKER-Asked how they are going to balance the budget at the County? MR. STEC-The solution to this is to continue to find ways to cut the County budget noted they are still working on it. 3.0RESOLUTIONS RESOLUTION SETTING HEARING ON KNIGHTS OF GLENS FALLS, INC.’S APPLICATION FOR FOURTH VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING ITS PROPERTY LOCATED AT 989 STATE ROUTE 9 RESOLUTION NO.: 325, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Knights of Glens Falls, Inc., has submitted its fourth application to § the Town Board for a fourth variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 989 State Route 9 to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that the building REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 282 is being sold for much less intense use and the purchaser has to spend considerable funds to retrofit to its retail use, as more fully set forth in the application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, nd November 2, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Knights of Glens Falls Inc.’s sewer connection variance/waiver application concerning its property located at 989 State Route 9, Queensbury (Tax Map No.: 296.13-1-22), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 19 day of October, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2009/2010 AND PROVISION OF 2009 STANDARD YEAR END SERVICES RESOLUTION NO.: 326, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2009/2010, and the 2009 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in PENFLEX’s Service Fee Agreement presented at this meeting, and WHEREAS, PENFLEX will provide these services for the estimated cost of $12,845, REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 283 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide administration and support services during 2009/2010 and the 2009 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program at the estimated cost of $12,845, to be paid from the appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of October, 2009 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS IN CONNECTION WITH DEDICATION OF WESTERN RESERVE TRAIL IN WESTERN RESERVE SUBDIVISION RESOLUTION NO.: 327, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 375,2005 the Queensbury Town Board authorized the dedication of Western Reserve Trail in the Western Reserve Subdivision, such acceptance conditioned on the Town’s receipt of $17,000 cash escrow from Western Reserve, LLC (Developers), and WHEREAS, the Developers provided the Town with the required $17,000 and entered into an Escrow Agreement with the Town, and WHEREAS, as required by the Escrow Agreement, the Town deposited the $17,000 in an interest bearing account, and REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 284 WHEREAS, the Town’s Highway Superintendent has advised the Town Board that the Developers have completed, to the Highway Superintendent’s satisfaction, the top coat of the roads and has requested that the monies held by the Town be released, and WHEREAS, the Town Board wishes to therefore authorize the refund of funds currently held in escrow to the Developers as required by the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to Western Reserve, LLC in connection with the dedication of Western Reserve Trail in the Western Reserve Subdivision, which sum shall be the amount of $17,000 plus any earned interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of October, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING CHANGE OF ROAD NAME FROM “WILLOWBROOK DRIVE” TO “WILLOWBROOK ROAD” RESOLUTION NO.:328, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 170.2004, the Queensbury Town Board accepted for dedication, Willowbrook Drive, from Schermerhorn Commercial Holdings, LP (“Developer”), and WHEREAS, the Town’s Director of Building and Codes has advised that the current street sign reads Willowbrook “Road” rather than “Drive,” the buildings on such road use Willowbrook “Road” rather than “Drive” for their mailing addresses and the Developer uses Willowbrook “Road” for its apartment complex address, and therefore, has recommended REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 285 that the Town Board authorize the change of the name from “Willowbrook Drive” to “Willowbrook Road,” and WHEREAS, the Highway Superintendent and Town Clerk have advised that the name of “Willowbrook Road” is not currently in use and therefore they have no objection to such name, and WHEREAS, the Town Board wishes to approve the request for such road name change, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the road name change from “Willowbrook Drive” to “Willowbrook Road,” as described in the preambles of this Resolution, contingent upon the Developer arranging for the order, installation of and payment for any new street sign(s), if needed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Town Clerk and/or Director of Building and Codes Enforcement to notify any necessary parties concerning the road name change for 911 emergency notification purposes and take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of October, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY REGARDING PARTICIPATION IN WARREN COUNTY QUADRICENTENNIAL PROGRAM RESOLUTION NO. 329, 2009 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 286 WHEREAS, the Town of Queensbury wishes to participate in the Warren County th Quadricentennial Program that will celebrate the upcoming 400 anniversary of the explorations of Henry Hudson which provides an opportunity for Warren County communities to invest in tourism infrastructure that will benefit the region for years to come, and WHEREAS, through the implementation of a “palette” of projects that will help the thirteen Warren County communities “meet and greet” the visitor and deliver an authentic experience that will be able to ensure a unified presentation of Warren County, attract national and international travelers, and deliver a “seamless” visitor experience for the Quadricentennial, the Queensbury Town Board believes that it is in the best interest of the Town of Queensbury to cooperate with the County of Warren in the development of the activities related to such project, and WHEREAS, in accordance with a New York State Fiscal Year 2008/09 Environmental Protection Fund appropriation, Warren County, on behalf of various local communities, applied for and received a $45,000 grant award from the New York State Department of Environmental Conservation for the purpose of the Hudson-Fulton- Champlain Quadricentennial celebrations, projects and programs, and WHEREAS, by Resolution No.’s: 695 of 2008 and 513 of 2009, the Warren County Board of Supervisors authorized Warren County to enter into an agreement with the Town of Queensbury relating to the Project Grant, and WHEREAS, the Town of Queensbury targeted project for the Project Grant and County Quad Program includes the Waypoint Community kiosk to be constructed in an exit rest area of I-87 for an amount of $6,000, with no more than $3,461 of Quad funds to be available for reimbursement under the Program, and WHEREAS, Warren County has presented the Town Board with a proposed Intermunicipal Agreement and a copy of such Agreement is presented at this meeting, and WHEREAS, the Town Board wishes to accordingly authorize provision of grant funds to be used toward the Town’s completion of the Waypoint Community kiosk, 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 $6,000 to be from the Town’s occupancy tax revenues received from Warren County, with $3,461 to be reimbursed to the Town from grant funds received by Warren County, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 287 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of funds in the amount of $6,000 for construction of the Waypoint Community kiosk in connection with the Warren County Quadricentennial Program 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 $3,461 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: ? Increase Appropriations in Use of Occupancy Tax Account 050-6410- 4412 by $6,000; ? Increase Revenue in State Aid Account 050-0000-53889 by $3,461; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes the Intermunicipal Agreement (Agreement) with Warren County concerning participation in the Warren County Quadricentennial Program and authorizes and directs the Town Supervisor to execute such Agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, the Town Board further authorizes and directs the Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of October, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON DAN HUNT’S APPLICATION FOR PLACING MOBILE HOME OUTSIDE OF MOBILE HOME COURT REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 288 RESOLUTION NO.: 330, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 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, Dan Hunt has filed an “Application for Placing a Mobile Home Outside of a Mobile Home Court" to seek Town Board approval to place a 1979 Marlette manufactured mobile home on his property located on East Drive in the Town of Queensbury (Tax Map No.: 308.12-1-25), and WHEREAS, the Town Board wishes to conduct a public hearing regarding this Application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on nd Monday, November 2, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Dan Hunt’s Application for Placing a Mobile Home Outside of a Mobile Home Court concerning his property situated on East Drive in the Town of Queensbury (Tax Map No.: 308.12-1-25) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. th Duly adopted this 19 day of October, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION TO AMEND 2009 BUDGET RESOLUTION NO.: 331, 2009 INTRODUCED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 289 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 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: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1420-4131 Litigation 20,000 001-1990-4400 Contingency 001-8020-4711 Reimb Engineering Exp 10,000 001-1990-4400 Contingency 001-4020-4135 Vital Stats 1,000 001-1990-4400 Contingency 001-1420-4400 Misc. Contractual 500 001-3620-4742 Non Reimb Engineering 001-3410-4410 Fuel 600 001-3620-4711 Reimb Engineering 001-3410-4030 Postage 200 001-5010-1020 Hwy O/T 001-4020-4135 Vital Stats 1,000 001-7020-1010 Rec Wages 001-7110-4824 Rec Programs 6,000 001-7020-1010 Rec Wages 001-7110-4400 Misc. Contractual 8,000 001-7020-1010 Rec Wages 001-7110-4823 Facility Repairs 10,000 032-0000-0909 Fund Balance 032-8120-2899 Capital Construction 6,950 032-9710-7010 Bond Interest 032-8110-4130 Town Counsel Retainer 2,000 032-9710-7010 Bond Interest 032-7110-4200 Insurance 1,500 034-0000-0909 Fund Balance 034-8120-2899 Capital Construction 12,100 036-0000-0909 Fund Balance 036-8120-2899 Capital Construction 6,950 141-9710-6010 Bond Principal 141-8340-2899 Capital Construction 156,936 th Duly adopted this 19 day of October, 2009, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING 5K RUN TO BENEFIT CAMP COMFORT RESOLUTION NO. 332, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct a 5k road race/walk to benefit Camp Comfort as follows: SPONSOR : Adirondack Runners REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 290 EVENT : 5k Road Race/Walk th DATE : Saturday, December 5, 2009 TIME : 9:00 a.m. PLACE Beginning and ending at Adirondack Community College (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners to conduct a 5k Road Race/Walk within th the Town of Queensbury to benefit Camp Comfort on Saturday, December 5, 2009, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent’s approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 19 day of October, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS OF STTHTH SEPTEMBER 21, OCTOBER 9 AND OCTOBER 20, 2009 RESOLUTION NO.: 333, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve three (3) audits of bills stthth presented as Warrants with run dates of September 21, October 9 and October 15, 2009 stthth and respective payment dates of September 21, October 9, 2009 and October 20, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with stthth run dates of September 21, October 9 and October 15, 2009 and respective payment REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 291 stthth dates of September 21, October 9 and October 20, 2009 totaling $18,000, $187,181.79 and $717,191.26, 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 19 day of October, 2009, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None 4.0CORRESPONDENCE – NONE 5.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? Feeder Dam Park has been top soiled, seeded a path has been dug for a walkway down to the canal starting to look very nice if you get a chance go down and take a look. COUNCILMAN STROUGH ? Has had the occasion very recently to meet a lot of people in Ward 3 two things keep coming to the surface the flyers in the blue and orange bags, we are working on them and the other is noise issues never sure on how to handle those maybe it is something we should take a look at in the near future. COUNCILMAN MONTESI ? Attended the Statewide Soil and Water Conservation District Conference that was held in Lake George. On Sunday, led a tour highlighting some of the projects that Soil and Water are doing in our area. Specifically Glen Lake we have the new dock in and new dry hydrant. The dredging that was done at the outlet end of Glen Lake. Hovey Pond the walkway that went through the wetlands that Soil and Water did with DEC dollars. There are two projects that we stopped and showed them what we would be doing. On Quaker and Aviation where the Northway Plaza is there is a lawn area on the corner that is going to take one of those major cement introvertors so that the water that comes down off of Miller Hill will hit it and drop the sediment in before it goes down Route 9 to Halfway Brook. At the Enterprise Auto across from Price Chopper that parcel has been cleaned up and ready to accept a couple of those large introvertors. ? The Recreation Department will be brush hogging Meadowbrook Road over to the wooded area so we can start the walkway trail. ? Asked Supervisor Stec to give Mike Hill a phone call regarding Tire Warehouse to get the easement signed so they can fix the property regarding the drainage. COUNCILMAN METIVIER REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 292 ? Assembly Point Road was paved a few weeks ago with no issues or incidents the Town Highway Department did a great job. ? The dock did go in at Glen Lake the dry hydrant is also in, spoke to some of the firemen who said they have tested it and it works very well. Questions have been raised regarding the Aquatics Management District. Throughout the years we have given Glen Lake a little over a hundred thousand dollars to control the weeds mostly milfoil, which again this year it is actually becoming a problem for them. What this management district will do is it will generate a tax for the residents of Glen Lake, but it is a control tax so everyone in the lake management district will have to contribute to it, but at the end of the day they will always have money for aquatic management control. We, as the Town won’t have to be paying out a lot of money to keep the weeds down. There is a holdup in that with the dock at Glen Lake that is used by people that don’t live on the lake we as the Town have to come up with a price tag for that, that will be assessed every year as part of the tax district we are somewhere in-between five and ten thousand dollars. Once we get to that number and the Glen Lake folks accept it we will be moving forward with that district. ? Thursday night there will be a Meet the Candidates Night hosted by the League of Women Voters to be held at the Scoville Learning Center, which is on the ACC Campus at seven o’clock would love to have people come out and meet the candidates. ? As I have been going out and talking to people one of the big issues is that they have said they have never seen so many signs out before unfortunately I think they are a necessary evil for anybody who is running for office. We have fifteen days left and hopefully by Friday after the election they will be cleaned up. SUPERVISOR STEC ? Thanked TV 8 and sponsors for televising meetings. ? www.queensbury.net The Town’s website ? Glen Lake dock project is finished talking to the installers that did the dock they said they are starting to see others that are asking to tie in a dry hydrant design into a dock such as the situation they are doing for the Town of Queensbury out there next to Docksider Restaurant. ? A budget workshop to be held next week to finalize the Town’s Budget and set a public hearing on November 2, 2009 for November 16, 2009. The grand total of all the different funds from highway, water, wastewater, lighting, cemetery, fire and EMS is about twenty six point eight million dollars. The total is up just under two percent I think it is one point nine eight percent over the 2009 adopted budget. If you have anything to communicate to me or Barb or department heads in advance as to an area that you want an answer to we may be able to get that answer to you before the Town Board Workshop. ? Attended with Councilman Strough the Lake George Watershed Coalition Seminar where they presented various awards for individual, corporate, and government. The Lake George Watershed Coalition is compromised of all the municipalities that are around Lake George. The Coalition recognized the Town of Queensbury in the government category awarded the Frank Leonbruno Stewardship Award for the proactive leadership that the Town has taken in particular in the last year with the Zoning Code and the pursuit of the Septic Management District. Presented a framed transcript of the letter that Thomas Jefferson wrote to his daughter in 1791, where he is describing to his daughter the beauty of Lake George. REGULAR TOWN BOARD MEETING 10-19-2009 MTG# 37 293 RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 334, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 19 day of October, 2009 by the following vote: Ayes: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier Noes: None Absent:None On motion meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury