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2010-02-24 MTG#8 Regular Town Board Meeting 02-22-2010 MTG#8 1 REGULAR TOWN BOARD MEETING MTG# 8 FEBRUARY 22, 2010 B.H. 3-4 7:00 P.M. RES.106-124 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER BOARD MEMBERS ABSENT COUNCILMAN RONALD MONTESI TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WASTEWATER DIRECTOR, MICHAEL SHAW PRESS POST STAR, TV 8 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 106, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. nd Duly adopted this 22, day of February, 2010, by the following vote: Ayes: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:Mr. Montesi BOARD OF HEALTH PUBLIC HEARING – KEVIN ENRIGHT AND DENNIS O’CONNOR’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES PUBLICATION DATE: February 12, 2010 PUBLIC HEARING OPENED AGENT TOM HUTCHINS, HUTCHINS ENGINEERING PRESENT SUPERVISOR STEC-This is for property located at 6 Sullivan Drive in the Town of Queensbury. They are seeking a variance for an adsorption bed eighteen feet from the house in lieu of twenty. Eighty feet from the well in lieu of a hundred and five feet from the property line in lieu of ten. I am not sure if the applicant or their agent is present this Regular Town Board Meeting 02-22-2010 MTG#8 2 evening? If you want to come to the microphone perhaps and answer any questions the board might have then we will open the public hearing. TOM HUTCHINS, HUTCHINS ENGINEERING-Here on behalf on owners Enright and O’Connor they own property it is an existing residence at 6 Sullivan Drive, which is the corner of Sullivan Drive and Sullivan Place. It is a two bedroom cottage and the fundamental problem is it is on a sixty by one hundred existing lot with on site water and wastewater. It is not really geometrically feasible to install fully compliant water and wastewater systems. What we propose to do is install a new well and a new wastewater system. The purpose of the new well is primarily because the existing well is located near the center of the property, which is not an ideal location to maximize separation to the wastewater system. In your package is a survey showing the property and the adjoining properties and the adjoining utilities. We have laid out what we feel is the systems with maximum separations we can feasible accomplish on the property. We are asking for relief from a property line setback five foot to ten feet. We are asking for relief from a well to absorption field setback of eighty feet in lieu of a hundred feet. We are asking for an absorption field to primary house of eight feet and lieu of twenty feet, I believe that was a typo in the resolution it says eighteen, but it is eight feet and it is dimensioned that way on the plan. With that, I will answer any questions the board may have. SUPERVISOR STEC-Does the board have any questions right now before we take public comment? COUNCILMAN STROUGH-Yes I do. We have sized this you have about three hundred and fifty square feet infiltration bed for a three bedroom. MR. HUTCHINS-Correct. COUNCILMAN STROUGH-Is there or is there any plans for hot tub garbage grinder either or? MR. HUTCHINS-No, there are no plans for a hot tub or garbage grinder we would certainly condition for that. COUNCILMAN STROUGH-Okay, because the occupants should understand the drainage is very good the sandy soils no modeling even past four feet so the conditions are good. They have to understand if they were going to put in a hot tub or a garbage grinder they would have to treat that as an extra bedroom and size the field appropriately for that. MR. HUTCHINS-Right and it has not been sized for that and we are okay with that. COUNCILMAN STROUGH-Okay. You are putting a new well are we going to decommission the current well? MR. HUTCHINGS-Yes. COUNCILMAN STROUGH-The new well is going to be incased? MR. HUTCHINS-It will be a cased well, yes. COUNCILMAN STROUGH-Because of its proximity to the infiltration bed will it have enhanced grouting? MR. HUTCHINS-What I have shown is first of all, DOH Part 5B well in addition to that I have shown a minimum of fifty feet of casing if it’s a gravel well, which is well in excessive of the twenty feet DOH requires. It will have if it is in rock, which I don’t believe is the case, but you never know until you drill, but if its in rock it would be sealed. If it is a gravel well I have shown a minimum of fifty feet of casing. Regular Town Board Meeting 02-22-2010 MTG#8 3 COUNCILMAN STROUGH-That’s good because the deeper the better less chance of contamination. MR. HUTCHINS-Yes. COUNCILMAN STROUGH-I don’t have the topography kind of map, but knowing the area a little bit is this downhill from the infiltration bed? MR. HUTCHINS-The well it is not in the direct path of drainage. There is a low end on the north side of the property where the bed will be and there is a low area on the south of the property there is a high area between so no, the surface would not drain towards the well. COUNCILMAN STROUGH-Alright, so there is no reason for redirection of the surface draining. MR. HUTCHINS-Correct, except to protect the absorption bed, of course. COUNCILMAN STROUGH-The hydro geologic situation seems to be pretty good I don’t have a problem with it myself. MR. HUTCHINS-The surface soils are good as far as what we find when we drill that is somewhat unknown the general history of the Glen Lake area… COUNCILMAN STROUGH-The perc tests were good and everything. Alright, thank you. SUPERVISOR STEC-Any other questions from board members. At this point I will declare the pubic hearing open are there any members of the public that would like to comment on this public hearing regarding this variance I would just ask that you raise your hands I will call on folks one at a time, anybody, anything else from Town Board members. COUNCILMAN METIVIER-John when you are talking about a hot tub are you referring to more like an indoor Jacuzzi tub or soaking tub? COUNCILMAN STROUGH-Exterior hot tub it could be interior, but no I am not talking about the Jacuzzi bathtub. COUNCILMAN METIVIER-Why would that have significance then? COUNCILMAN STROUGH-It is just New York State standards. The reason why is I think the greater water usage that occurs with essentially a small swimming pool. COUNCILMAN METIVIER-So you are not talking more about the septic as you are about the well? COUNCILMAN STROUGH-No, I was concerned about the well because it is less than a hundred feet required so I am asking questions to make sure all the extra precautions have been taken to assure the safety of the well water given that it is only eight feet from there. The ground conditions and everything else are excellent here so I am not that concerned. COUNCILMAN METIVIER-I just was curious. SUPERVISOR STEC-Anyone else want to comment on this public hearing regarding the variance for 6 Sullivan Place? I will close this public hearing and entertain a motion as corrected the typo eight feet. COUNCILMAN STROUGH-Should we condition it that there will be no hot tubs or garbage grinders. Regular Town Board Meeting 02-22-2010 MTG#8 4 SUPERVISOR STEC-They offered that do you guys want to do that? MR. HUTCHINS-Sure. SUPERVISOR STEC-With the condition no grinders or hot tubs as amended. Again, we have the typo corrected it is eight feet from the house Karen. DEPUTY CLERK, O’BRIEN-Yes. SUPERVISOR STEC-Thank you. Any other discussion hearing none let’s go ahead and vote Karen. PUBLIC HEARING CLOSED RESOLUTION APPROVING KEVIN ENRIGHT AND DENNIS O’CONNOR’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 3, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Kevin Enright and Dennis O’Connor filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install an absorption bed: 1.8’ from the house instead of the required 20’ setback; 2.80’ from the well instead of the required 100’ setback; and 3.5’ from the property line instead of the required 10’ setback; on property located at 6 Sullivan Drive in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing nd concerning the variance requests on Monday, February 22, 2010, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the Regular Town Board Meeting 02-22-2010 MTG#8 5 purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Kevin Enright and Dennis O’Connor for variances from the Sewage Disposal Ordinance to install an absorption bed: 1.8’ from the house instead of the required 20’ setback; 2.80’ from the well instead of the required 100’ setback; and 3.5’ from the property line instead of the required 10’ setback; on property located at 6 Sullivan Drive in the Town of Queensbury and bearing Tax Map No.: 289.9-1-50, provided that there be no garbage grinders or hot tubs on the subject property. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.BOH 4, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. nd Duly adopted this 22 day of February, 2010, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier Noes: None Absent:Mr. Montesi TOWN BOARD MEETING 2.0 PUBLIC HEARINGS Regular Town Board Meeting 02-22-2010 MTG#8 6 WEST GLENS FALLS VOLUNTEER FIRE COMPANY INC.’S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING DEBT FOR SUCH PURCHASE JOHN CAMERON, DIRECTOR WEST GLENS FALLS FIRE COMPANY AND GEORGE CARPENTER, ASSISTANT CHIEF AND TRUCK COMMITTEE CHAIRMAN PRESENT PUBLICATION DATE: February 5, 2010 PUBLIC HEARING OPENED SUPERVISOR STEC-The Town Board set this public hearing a couple weeks ago and anytime the Fire Company wants to use tax exempt financing that requires a public hearing, which is why we are have a public hearing on it today. In summary the truck that is being proposed to be purchased is a 2009 Crimson 100’ Midmount Platform Aerial Truck. It will be replacing two pieces of apparatuses they are a 1975 Tower 4 and Engine 311. Engine 311 will go to reserve and then eventually when they are done using that engine that engine will go away and not be replaced. It is supported by the Town’s MMA Report that we received last year the purchase price is not to exceed eight hundred and seventy thousand dollars. Just for the public’s benefit in the workshop that we had with the Fire Company it was clear that based on their plan for their Fleet their next purchase won’t be until 2018 so this is the one piece of apparatus that they are buying at a approximately fourteen or fifteen year window. They are going to be financing this for a fifteen year term at four and a half percent. I will let the Fire Company answer any other questions they have, but that is all in the resolution. With that said, I will open the public hearing if there are any members that care to address the board? PAUL H. NAYLOR-DIVISION ROAD, WEST GLENS FALLS-I think it is a good idea the boys need a truck so I can’t say enough good things about it so let’s get err done. SUPERVISOR STEC-Anyone else like to address the board this evening on this public hearing, Mr. Carpenter. I should add Mr. Cameron and Mr. Carpenter are spokes people for West Glens Falls Fire. I think Mr. Carpenter you have been working on this Truck Committee you can answer any questions we or the public might have. MR. CARPENTER-Absolutely. SUPERVISOR STEC-The floor is yours. MR. CAMERON-We just wanted to for the public sake mostly make a statement about why we want to purchase this truck and obtain approval. We wanted to thank the Town Board and the public for the opportunity to address you about the propose replacement of our seventy five aerial apparatus known as Tower 4. This aerial Tower was due for replacement back in two thousand five and currently does not meet National Fire Protection Association Industry Standards and represents a safety risk to both fire fighters and the public. This public hearing is the result of many years of hard work by the fire fighters of West Glens Falls that began with the first Fire Study in 1996 and was supported by the recently completed second Fire Service Study by MMA Consulting Group in August 2009, which correctly concluded that there should be two fully operational aerial devices deployed in the Town of Queensbury at strategic locations. The current Tower 4 was purchased in nineteen ninety eight using fund raising monies no tax funds were used for this purchase or the initial refurbishment of the truck. The Fire Company purchased this truck after the ninety six MMA Study concluded that at least two aerial trucks and possibly three were needed to properly protect the growing Town of Queensbury. Since the first Fire Study in nineteen ninety six at least three hundred single family residential structures have been constructed in subdivisions in the West Glens Falls Fire Protection area alone. Additional single and multi-family homes have been built on other streets throughout the protection area with more currently under construction are being planned. The majority of these structures have twenty five foot setbacks from the curb or greater, which was sighted in the ninety six Fire Study as one reason for the need for an aerial truck in our protection area. Almost all have truss roof Regular Town Board Meeting 02-22-2010 MTG#8 7 construction many are two stories and have varied roof angles and slopes they are impossible to safely access with ground ladders. Many are built using light weight construction methods and materials. These truss roof and light weight construction present unstable and dangerous conditions in fire situations, which have resulted in severe injuries and some death to fire fighters in the United States over the past several years. Numerous commercial structures including big box stores and strip malls have been erected in the past fifteen years in the Town of Queensbury. In West Glens Falls protection area the Tribune Media building has been constructed, which presents a new life safety issue for us. Proposes have been made for extensive new construction along the Main Street Corridor and for a new Hotel behind the McDonalds on Corinth Road. More over West Glens Falls currently protects the largest residential population zone within the Town of Queensbury and is responsible for protecting the most dwelling structures and buildings within the Town. The propose replacement for the seventy five tower is a Quint type apparatus and is capable of performing the operations of both a pumper and an aerial thus it will fulfill the recommendations of the MMA Study that states that three pumper trucks should be housed in West Glens Falls and a second aerial truck shall be maintained in the Town. It would also allow West Glens Falls Fire to place Engine 311, which is also overdue for replacement from a stage two or second due status to a stage three or a non active reserve status is recommended by the study. As importantly the new aerial will greatly assist and reduce in the current heavy burden on Engine 310, which serves as our primary or first due response pumper. The addition to the new aerial will save West Glens Falls wear and tear expenses and repair cost on Engine 310 and Engine 314. The old seventy five Tower will be sold as is and the proceeds applied to existing debt. Since the new Quint Tower can be used as a primary response pumper this can postpone the need to replace as you mentioned Dan three one four in the year twenty fourteen. The new tower truck would still be in stage one service in twenty fourteen and Engine 314 could continue in service as a stage two pumper until the end of its twenty four year cycle in twenty eighteen. The current Engine 314 would replace Engine 311 at that time as the reserve pumper and Engine 311 would then be sold without replacement. COUNCILMAN BREWER-Could you go over that again. MR. CAMERON-Yeah, I know right. SUPERVISOR STEC-It is complicated for people that are not familiar with the numbering system on the vehicles. MR. CAMERON-We can answer questions about it. Since our company was formed in 1947 West Glens Falls Fire Company has used hundred of thousands of fund raising dollars to purchase numerous fire apparatus vehicles at no cost to the taxpayers. West Glens Falls Fire has always gone the extra mile to protect our neighbors in the community we serve and love. We would never ask the taxpayers to pay for a new fire apparatus unless we knew that it was absolutely necessary for their safety and protection and would represent a valuable addition to our response capabilities. Thank you we would be glad to answer questions and I know George has a couple more comments. SUPERVISOR STEC-Thanks John, George do you want to add something? GEORGE CARPENTER-First, I would like to take the opportunity to thank the Town Supervisor and Town Board for working with myself and other elected officials of West Glens Falls Fire Company for the past seven years in building trust and good leadership with the Town. We would like everyone to know that the truck is eight hundred and seventy thousand dollars and will be financed through Glens Falls National Bank for fifteen years at approximately four percent. We would like to make one annual payment of seventy eight thousand dollars in February of each of the next fifteen years. As Town Board Members are aware our current ladder truck does not meet NFPA 1901 Standards with open cab and seats for the fireman and the lack of reflective stripping. By getting this new truck we will be cutting down on maintenance costs and the wear and tear on three one zero and also it allows us to place three one one a nineteen eighty one chassis with a nineteen ninety ninety five cabin reserve. We will be putting the nineteen seventy five Sutphen Tower on the market for sale immediately following delivery of the new Regular Town Board Meeting 02-22-2010 MTG#8 8 Tower for a minimum bid of twenty thousand dollars. The money from the sale of the nineteen seventy five tower will be used to offset existing debt. This truck is designed to last twenty five or thirty years and brings us up to current NFPA standards and to coincide with the MMA Report that suggest that the Town of Queensbury should maintain two aerial devices. We would also like to inform the public that the four percent increase in our budget is due to the new Tower truck payment that is also included in our budget. Truck description is a two thousand nine hundred foot mid Allison mount aerial platform six man cab; it is a five hundred horse power Cummins Transmission, two thousand a gallon a minute pump. It has three hundred gallons of water with a rust proof poly tank with lifetime warranty with a Harrison 10KW generator. It has a thousand pounds of lifting capability from the aerial device itself it has a hundred and thirteen feet of ground ladders on it that come with the truck. SUPERVISOR STEC-Does the board have any questions before we take any additional comment from the public? COUNCILMAN BREWER-Dan I just have one comment to make along with the lines that George and John had mentioned. I originally talked to Chief Gordon many years ago I think someone mentioned seven years it is all of seven years. I just want to say that I am happy we’re here we finally got here. You didn’t go out and get a custom truck you got a demo that speaks volumes to what we are doing here. We asked you to cut your budget not take an increase you did that it just proves to me that this company is willing to work. We asked you to wait until we did a study it took over a year I understand the frustration sometime I got frustrated. You worked for over seven years you waited for the study we got the study you came to us we told you no you went back and regrouped. Now you have come to us with a plan it’s workable for both of us no huge increases you made sacrifices and I just want to say thank you. MR. CARPENTER-Thanks we appreciate it. MR. CAMERON-Thank you. COUNCILMAN STROUGH-And also you took the time to talk to the board and explain a lot of things to us. Just the other day I got an email saying about the ladder truck they don’t have tall buildings over there. As you have explained to us it might be worthwhile to explain to the public that there are more uses for a ladder truck rather than getting to tall buildings. MR. CAMERON-The biggest thing would be setbacks right George. MR. CARPENTER-Right. SUPERVISOR STEC-Horizontally. MR. CAMERON-To get to a building and the weak roof construction these truss’s that we have talked about men have fallen through these roofs right when they are on them fighting fires. COUNCILMAN STROUGH-A lot of the time the public doesn’t see the discussions that you and I have had or the two boards. MR. CAMERON-Correct. COUNCILMAN STROUGH-They sometimes say why are you approving another fire truck. Well, you know sometimes they don’t see what we see some very good reasons for it as you have explained. We are talking volunteers I think everybody in the public wants you people to be safe not because you are not being paid for it, but because you are human beings and it is nice that you are volunteering your services. The old truck is old it is a seventy five, right? MR. CARPENTER-Yes. Regular Town Board Meeting 02-22-2010 MTG#8 9 COUNCILMAN STROUGH-So its thirty five years old. Yeah, you bought it in ninety eight so I want to make sure, clear that people think we are not talking about a nineteen ninety eight truck we are talking about a thirty five year old truck here. The Fire Study said as Tim and both you pointed out there is a need for two. The Fire Study also said we don’t need the number of apparatus that we have and you are going to be dropping one from your fleet that fits in with the study. As Tim pointed out and the public hasn’t seen this we have forced you to tailor and put together the budget and this wasn’t the first budget. The budget we are looking at today there was some wrestling going on see the public doesn’t see everything we are trying to represent their interest and you are trying to represent their interest and we have to work together. You haven’t liked everything that we have said and back and forth, but I think we have come out with a good product in my mind speaking as one of the Town Board members and I think the majority here will agree. Some of the things that the public needs to know that they don’t normally see. MR. CARPENTER-Thank you. SUPERVISOR STEC-Tony? COUNCILMAN METIVIER-No, I’m good. I think both John and Tim said what I would have said. I mean we fought this one out… SUPERVISOR STEC-Years over many boards. COUNCILMAN METIVIER-I think in the end everything worked out. MR. CAMERON-If you wanted to discuss and I didn’t know if you were at the next public hearing you are right the four percent increase as George explained a little that includes the new debt service for the truck in effect we have taken some operating cuts. SUPERVISOR STEC-Which we know was difficult for you to do. MR. CAMERON-Yes. SUPERVISOR STEC-We can talk about that a little bit more in the next public hearing. The second public hearing we have for the public’s benefit is on the actual fire contract between the Town and the Fire Company. The five Fire Companies we have in the Town are not part of Town government they are all non profit organizations subject to their own oversights outside of the Town’s oversight that we exercise. I know that there are a lot of fire fighters in here that could attest that we do exercise our oversight. We are going to be having a public hearing on a three year contract, which I think was important to the Town. The Town’s perspective in moving forward with this purchase because we wanted to make sure that there was some sort of predictability in what your expenses are going to be moving forward. With that said we also met with you in workshop to try and feel out are you going to be putting yourself in a position where you are short after three years we talked about that a great deal, too. I think although it is going to involve a little sacrifice I think as Tim pointed out thriftiness on your part but, of course, getting rid of a thirty five year old truck is going to do wonders for your maintenance budget as well. To keep your total increase to four percent over each of the next three years and factoring in a seventy eight thousand dollar payment that will be provided to you separately as the contract reads in February. The way you have structured that payment is going to save on your interest and you are not the only company that has done that in recent purchases either. I think it is a wise way to do it and it involved a minor tweaking to the contract to accommodate that balloon payment. I think most people understand that sometimes a balloon payment is a very good idea when you are talking about mortgage a house mortgage or vehicle mortgage. As the other board members have said this has been something we have worked at not only over the last few months, but really of and on over the last several years waiting for the report to come out that would either justify or not justify a replacement. I am glad you pointed out that the nineteen ninety six MMA Report also at that time said you should have two or even three for anyone paying attention at home… COUNCILMAN BREWER-We did strike that out of that report the three. Regular Town Board Meeting 02-22-2010 MTG#8 10 SUPERVISOR STEC-Forget three. That you do have two reports done over more than a decade apart that both say that a Town our size with our infrastructure and our build out ought to have two aerial devices. I don’t want people to miss and I know we have touched on it, but I think it is worth reiterating is that this vehicle is not only an aerial device, but it is a pumper. It is an engine when you need an engine to a structure fire this is the apparatus that goes. So the question may arise how often are they going to need a ladder? The ladder who knows maybe five times a year maybe twenty five times a year. How many times are they going to need an engine every time they roll to a structure fire. This will be your everyday piece of equipment I think that and the fact that it is a reduction in your fleet, which again the long run I think it goes hand and hand with the availability of volunteers. God Bless the volunteers that are willing to do this for nothing get all the same training as a paid fire fighter would get and donate the time that you do. Whether its some companies are on the smaller side they may run a hundred and fifty calls a years some might do five hundred and fifty calls a years some will do fifteen hundred and fifty calls a year, but you all have to go through the same amount of training to be able to have the honor to volunteer your time under not the safest of conditions. The pool of available volunteers in the Country is going down so hand in hand it makes sense you have to take that and you have to balance your availability of the people resources against what apparatus you are carrying. I think when you look for that vehicle that can do more than one thing it adds that flexibility it is going to allow you to shrink that size of your fleet, but by the same token give you that flexibility with a few number of available bodies to put on a scene at any given time. Like you said there are a lot of different things about this propose purchase that are supported by the MMA studies and that make some financial sense to us it is an insurance premium no one likes to talk about insurance especially me especially lately. An insurance policy is what it is fire protection is an expensive part of the premium that we all pay. Although if its your house and it’s a hundred and fifty dollars a year that you are paying for that protection or there about's depending on your assessed value, but anyways enough talk from the Town Board members we can talk a little bit more about it in a little while. Is there anybody that would like to comment from the public on this propose financing of purchase anybody like to address the board? DEPUTY TOWN CLERK O’BRIEN-Letter received from Gary Loughrey on February 15, 2010 opposing the purchase of the Tower Truck. PUBLIC HEARING CLOSED RESOLUTION APPROVING WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 107, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Regular Town Board Meeting 02-22-2010 MTG#8 11 Board, and WHEREAS, the Fire Company advised the Town Board that it wishes to purchase a new 2009 Crimson 100’ Midmount Platform Aerial Truck (Truck) to replace two (2) pieces of apparatus (1975 Tower 4 and Engine E311) thereby resulting in a permanent reduction of the Fire Company’s fleet size, as recommended by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate purchase price not to exceed $870,000, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, proceeds from the sales of the Fire Company’s replaced apparatus (Tower 4 and/or Engine E311) would be placed either: 1) against the principal of the new, proposed Truck; and/or 2) toward other Fire Company debt; and WHEREAS, once the new Truck is placed into service, the Fire Company will: 1) remove Tower 4 from service and sell it; and 2) put Engine E311 into reserve status and then eventually take it completely out of service, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck by utilizing approximately $870,000 maximum amount of tax-exempt financing (having a 15 year term at 4.5%) with a financial institution, and WHEREAS, the Truck will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its firehouse(s) located in the Town of Queensbury, New York, and nd WHEREAS, on Monday, February 22, 2010, the Town Board held a public hearing concerning the Fire Company’s proposal and tax-exempt financing as required by the Fire Company’s Agreement with the Town and the Internal Revenue Code, and heard all interested persons, and WHEREAS, the Town Board believes that this new Truck will provide additional safety protection for the Town while eliminating two (2) aging trucks from the Fire Company’s fleet and desires to abide by the recommendations of MMA Consulting Group, Inc., and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company’s corresponding incurrence of tax-exempt debt, Regular Town Board Meeting 02-22-2010 MTG#8 12 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Volunteer Fire Company, Inc.’s proposal to purchase a new 2009 Crimson 100’ Midmount Platform Aerial Truck (Truck) to replace two (2) pieces of aging apparatus as set forth in the preambles of this Resolution for an amount not to exceed $870,000, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Fire Company’s incurrence of approximately $870,000 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Fire Company’s assurance that the Truck is serviceable and suitable for its long-term intended use, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. nd Duly adopted this 22 day of February, 2010 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY PUBLICATION DATE: February 5, 2010 OPENED Regular Town Board Meeting 02-22-2010 MTG#8 13 SUPERVISOR STEC-As, I mentioned previously this will be a contract for 2010, 2011, 2012, each of those three years reflect a total increase in budget of four percent a year. The first years total for 2010 would be five hundred and six thousand five eighty four. The second year will be five twenty six eight forty seven and the third year total will be five forty seven nine twenty one. I understand that there was a question I knew there would be I’m glad that Chief Lettus from South Queensbury is here because he was the first one that experienced that curve ball in the language about the balloon payment. I want to assure you guys we wrote the contract, but we think it is very clear, but I want to verbally assure you again it will be part of the minutes that the bottom line is the Exhibit A, which is the total amount, but the financing that balloon payment that you are looking for in the beginning of each of year so that you can stay ahead on your debt plan that is how that works out we did the same thing with South Queensbury a couple months ago. So this is a three year contract with West Glens Falls Fire for 2010, 2011, 2012. Again, as I alluded to earlier the questioned we asked is well alright great we are going to get through the next three years what happens in 2013, 2014. The numbers that Tim asked Barbara our Budget Officer to crunch looks like you should be able to be okay going forward in that provided that you don’t have anything crazy land in your lap. Again, as we talked about before we do want to see you guy’s pursue other cost saving measures it is in your interest now to try to find ways where you might be able to save on janitorial or snowplowing or some of those things that are part of your overhead they are not the exciting rubber meets the road part of what you do, but it is a necessary thing of running an operation like yours. If there is a way that you can maybe combine your purchasing power with another company or two or three we would certainly encourage that. You don’t need our permission to do that, that is something if you guy’s can do it on your own God Bless you if you need our help our want our help we will be happy to do that. I think it might be something I would suggest administratively keep the Chiefs and the Assistant Chiefs out of the loop on it like the administrative guys from each of the companies talk about insurance, talk about janitorial and what not the things that make sense and see if you guy’s can shop and get yourself collectively a better deal. I think we all rather see fire fighting money from the taxpayers go towards pointing into the sphere as opposed to cleaning to the bathroom. Which, we all want you to have clean bathrooms, but we don’t want you to spend anymore on that than you have to. We are having a public hearing on the West Glens Falls 2010, 2011, 2012 Contract if there are any members of the public that would like to comment I would just ask that you raise your hands one at a time before we do that if you guys have anything you want to add? MR. CAMERON-No, I think you covered it pretty good. SUPERVISOR STEC-If I talk long enough I am going to say it, right. MR. CAMERON-I think the key is when you mentioned the four percent increase covering it is that we deferred the first payment into twenty eleven. SUPERVISOR STEC-If you didn’t do some trimming and it’s not to say the question is going to be well they trimmed why they couldn’t trim before. Part of the reason why you can trim is you are walking away from a money pit and a nineteen seventy five truck. You trim back on some things that you drew the line absolutely have to have, nice to have, don’t need to have, you made some difficult decisions. Certainly if we just added seventy eight thousand dollar payment on to the status quo this would have been a double digit increase so I want to emphasize that. The board knows that, but I think sometimes that we don’t go the extra step to point that out and I think it is worthy of pointing out that. There is no way that you could have done this at four percent without cutting in other places and that’s why we wanted to make sure that you weren’t going to cut yourself short. You all heard me say that I don’t think you are I think its aggressive I mean its going to take a little change in mentality or change in attitude or whatever, but I think it is doable and I think we all agree. I thought we had a really good workshop when we hammered out the final details here and I appreciate there are several of the guys that are in the audience tonight that were with you guys, anything else on the contract? MR. CAMERON-No. Regular Town Board Meeting 02-22-2010 MTG#8 14 SUPERVISOR STEC-Is there any member of the public that would like to comment on this three year contract with West Glens Falls. Just for everyone’s info after this we still have one more fire contract with Queensbury Central to do. We are going to be meeting with Central in early March to go over some of their proposals again. The good news is they are not asking for apparatus the bad news is they are talking about a building expansion, but we are going to talk about that. As a status update assuming we adopt your contract tonight there will be one more fire contract to do the good news is they are all multi year contracts. We have been doing one year contracts that is a big drain on your members it is a big drain on the Town Board. Like I said, we look for some stability and predictability in the future taxes. My numbers project that the fire tax rate next year probably will go about three percent increase with all the activity that we have had we have had a lot activity in these contracts. Is there any member of the public that wants to comment on this fire contract, seeing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2010 – 2012 RESOLUTION NO.: 108, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Brewer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc., have negotiated terms for a new three (3) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law nd §209(b), the Town Board conducted a public hearing on Monday, February 22, 2010 and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the West Glens Falls Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting 02-22-2010 MTG#8 15 RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi DISCUSSION HELD TOWN COUNSEL, MR. HAFNER-I want to address a couple of things that the Town Board has been facing one, is the snowplow incident. As experienced Town Counsel it is our job to help the Town Board follow State Law each of the Town Board members has taken Oath to follow the State Law and State Constitution in our experience you all take it seriously. There is a State Law that applies here which states that for plow trucks they are highway vehicles in the mist of their duties that there is a higher standard before the Town can be held legally liable. It is not just normal negligence like us in our normal duties or our normal activities, but it gross negligence it is a higher standard that must be followed. The Town Board is constrained in its duties and we understand the concern that many people have and we have the same concern as the Town Supervisor and Town Board in wondering whether this particular intense fairness is happening for this man who has had his work vehicle hit by a Town plow the plow doing its job that we hire them to do. We understand that we took the Town Board’s comments and we have been working with the Counsel for the person here. We have been talking back and forth tonight we received some more information from his Counsel that we asked for and I will be giving it to my partner who is handling that. Our job is to help you comply with State Law and we are going to help you do it if we can find a way that will not subject the Town to further legal challenge we will help you get to the point that you all have expressed it is something that you would like to be able to consider. The second thing that I wanted to update the board on is the continuing issue of drainage in the Minogue’s, Quaker Road area that is something that we have been working on behalf on the Town Board for sometime. The Town Board’s directions for sometime have been to try to come up with a method, which has the agreement of all of the parties involved. There are four parties involved the Town, which we have control over. Minogue’s who have been very good to work with and we have an easement from. Time Warner who have been good to deal with and we expect to be able to get an easement fairly shortly we may have to come up with a slightly different resolution than what you passed, I think way back in 2007 on this matter, but we expect to have that before you not next meeting, but the meeting after that. The fourth party has been Tire Warehouse and they have been less easy to deal with. We took direction from the meeting we were at about a month ago where it was clear that the four of you I don’t remember, I don’t think Ron was here at that meeting I think it was the first meeting he was not here, that you all stated very clearly that you wanted to solve this problem this year and you wanted us to take a more aggressive approach. You will have before you shortly a version of a letter to send to the Tire Warehouse people that gives them a short time or we will have to come up with alternate methods. There are options at the Town behest, but it may require forming a district or condemnation. If that is something that the Town Board wants that is something that we are going to be outlining for you and trying to come up with a plan and you guys can direct us. We took from that meeting that you wanted to be more aggressive and not just rely on the good nature of all the parties involved. I wanted to give you that update we are continuing to push and I will continue to keep you updated. SUPERVISOR STEC-Thank you Bob. Regular Town Board Meeting 02-22-2010 MTG#8 16 COUNCILMAN STROUGH-On the Honey Do Man truck there is right and there is wrong and sometimes the law doesn’t fit either well, but clearly if we cause the damage we should find some way of remedying this. TOWN COUNSEL, HAFNER-We heard that clearly from all of you at the last meeting and we are trying to see if we can find a way that won’t subject us to further challenge. 3.0 PRIVILEGE OF THE FLOOR PAUL H. NAYLOR, 15 DIVISION ROAD, WEST GLENS FALLS-Thanked the Town Board for keeping the Town out of trouble. TAMMY SULLIVAN-Homer Avenue. Here for an update on the Minogue’s culvert situation. SUPERVISOR STEC-Bob made reference to potential district formation hopes that it is communicated to the other three parties that district formation is a good possibility that financially would work to their disadvantage then the current agreement that we had it is worth reminding them of that. TOWN COUNSEL, HAFNER-We will. MS. SULLIVAN-Questioned if it is a lengthily process? SUPERVISOR STEC-We could form a district in as little as… TOWN COUNSEL, HAFNER-Two months from when we receive the Map, Plan and Report. SUPERVISOR STEC-Map, Plan and Report could take a month? TOWN COUNSEL, HAFNER-Probably a month if you talk to the Town Engineer, but we would have control. SUPERVISOR STEC-The authorities would require that we do it at a low flow period looking at late summer when the conditions outside permit. COUNCILMAN METIVIER-Met with Mike Shaw regarding Minogue’s noting Mr. Shaw feels the culvert if we could get someone in there to inspect it perhaps clean it out might help the spring thaw this year the last time they ran a scope through it, it was pretty clogged. If they could actually get some of that cleaned out on both ends and get from the Time Warner property over it might alleviate a lot of the problems until they can do the work. MS. SULLIVAN-They are undersized for the water that is flowing through there. SUPERVISOR STEC-On a temporary basis. COUNCILMAN METIVIER-Just to get us through the spring I am only saying temporary. MS. SULLIVAN-Questioned if both Attorneys’ have spoken regarding the situation? TOWN COUNSEL, HAFNER-So far we have been unsuccessful in obtaining the easement that we need. We have given some counter proposals at the direction of the Town Board and they have not been accepted. MS. SULLIVAN-They are still not cooperating at all? TOWN COUNSEL, HAFNER-Correct, that is our opinion. MS. SULLIVAN-Asked how much the district would cost has issues with this. Regular Town Board Meeting 02-22-2010 MTG#8 17 SUPERVISOR STEC-It depends on how the district lines are drawn and how the formula is worked up in the Map, Plan and Report. The Town has a fair amount of flexibility it has to be reasonable and defendable. MS. SULLIVAN-Personally doesn’t think she should have to pay a penny. SUPERVISOR STEC-In my mind you have none of the culvert pipe on your property that is a big factor who should be paying for the work changing a culvert pipe the people’s whose property it is on should be paying the lion share. If the concern is would it work on an assessed value not necessarily it might work on another formula that could be a lot to your advantage, like where the culvert pipe actually located. A district formation if you are in the district sure it means you are going to be on the hook to pay something, but how the Map, Plan and Report and the Town Board decides what the correct proposition of the charges should be can be factored in through a variety of different means. If someone is getting the culvert pipe on their commercial property replaced in my mind they stand to gain more than you who doesn’t have the culvert pipe or the responsibility of maintaining the culvert pipe. The benefit you would have is hopefully less flooding. I understand your point that you would prefer not to pay it… MS. SULLIVAN-I would want to know what I was paying. TOWN COUNSEL, HAFNER-If there is a Map, Plan and Report before the Town Board decided to go forward they have to have a Map, Plan and Report prepared. One of the purposes of the Map, Plan and Report is to specify exactly how much it is estimated to cost for each of the properties within the district. It has to outline the formula usually we attach a schedule that says these are the properties and we will list them usually by tax map number it may have name and address, too. It would have what the estimated cost would be for each property you would know that before the Town Board did anything. The Town Board when they get a Map, Plan and Report does not need to go forward with it that is the whole purpose of having a Map, Plan and Report there is a required public hearing. SUPERVISOR STEC-I am still hopeful that it won’t come to that. MS. SULLIVAN-They have never agreed to anything they never had to agree to anything so why will they now it’s beyond me. SUPERVISOR STEC-How much control the Town has in this matter like other matters we don’t have total control here because we don’t own the property. MS. SULLIVAN-Back in November the Town Planning Department gave them a letter st stating they had to get those containers out of there by December 1, or they would be issued an appearance ticket. Those containers are still there were they ever issued a ticket? SUPERVISOR STEC-I don’t know the status. MS. SULLIVAN-There is no consequence for anything there. What happens with DEC they were investigating the dumping the blocks and all that anything there? SUPERVISOR STEC-Ron looked into that I don’t know where DEC is on that we can find that out. MS. SULLIVAN-Seems like they should be fined for their violations. COUNCILMAN BREWER-I will call him tomorrow. MS. SULLIVAN-Ok. COUNCILMAN STROUGH-The last strategy that we thought of in executive session didn’t work. Regular Town Board Meeting 02-22-2010 MTG#8 18 TOWN COUNSEL, HAFNER-No, it has not. You will be seeing a letter later this week for signoff because you guys make the decisions for our next step. MS. SULLIVAN-Thanks. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Asked if the Town Attorney was involved in putting the insurance policy together? SUPERVISOR STEC-They didn’t write the policy. MR. TUCKER-Questioned if anyone has an idea what it would cost the Town if they insured the snowplows? COUNCILMAN METIVIER-It is not a question of the snowplows being insured. SUPERVISOR STEC-They are insured Pliney. COUNCILMAN METIVIER-They are insured. Explained to Mr. Tucker that the same exact incident happened in Lansingburg, but with a wood chipper noting the Town was not responsible based on the law. Even though they were insured it has nothing to do with the insurance we are insured for the vehicles based on the law that is written they are not going to pay it out. We are still investigating trying to figure out another way to reimburse your grandson legally so we don’t have it come back in another light and get us into more trouble. MR. TUCKER-The law doesn’t say you can’t buy liability insurance. COUNCILMAN BREWER-The law says we cannot pay you for it. COUNCILMAN METIVIER -The law doesn’t say anything about the insurance it says we can’t pay you. The insurance company is reading the law they are interpreting that law saying this was a plow vehicle emergency situation no recklessness on behalf of the driver therefore they are not going to pay it. It is based on gross negligence my interpretation of that would be intoxication or if he maliciously or intentionally ran out and hit the vehicle there is interpretation there, too it is gross negligence. An accident is an occurrence that is unforeseen that happens. MR. TUCKER-Read into the record an endorsement change regarding snowplow trucks. Asked in the insurance companies’ still sell liability insurance? COUNCILMAN METIVIER-Yes they do. MR. TUCKER-Asked if the Town can buy it? COUNCILMAN METIVIER-We have liability insurance. MR. TUCKER-Stated they don’t have liability insurance on twenty five trucks out on the roads when they are loaded weighing twenty five ton. COUNCILMAN METIVIER-You are missing the point of this. th TANYA BRUNO, QUEENSBURY-Spoke to the board regarding the November 9 Special Meeting for the budget, asked the board to look into having it televised for the following year. Asked if in 2009 we ended with the General Fund at one million questioned if it is the unreserved, unrestricted? SUPERVISOR STEC-It is higher than that it is over a million dollars thought it would be under a million we were a little tighter with the dollar in 2009 in the budget so it was actually a little over a million. MRS. BRUNO-Asked where it is around right now the unrestricted? Regular Town Board Meeting 02-22-2010 MTG#8 19 SUPERVISOR STEC-It is unrestricted, undesignated, unappropriated for 2010, I think is around one point one million. MRS. BRUNO-The end of 2009 was around nine hundred and now it’s one point one? SUPERVISOR STEC-In November, I said that it might be approximately nine hundred and now I am saying the number that I thought in November was about nine hundred is actually about one point one undesignated, un appropriated for 2010. We appropriated about one point three million in the 2010 budget from fund balance. MRS. BRUNO-Spoke to the board regarding that meeting that a resident said it would be great to see the income side of the budget not just the expenditures. SUPERVISOR STEC-Revenues are in the budget they are in the budget I know we went over them briefly. We spent most time as most do focusing on where the expenses are we did talk a little about they are part of the budget we can’t balance the budget without revenue. MRS. BRUNO-Spoke to the board regarding Summary of the Income side of the budget more like checks and balances so you can see what is coming in where it is going so that you can balance the budget. SUPERVISOR STEC-It is all in the budget. The revenue side of the budget is very small compared to the rest of the budget. MRS. BRUNO-Spoke to the board stating that Mr. Cathers wanted a summary of the income side of the budget where we balance off all of these expenditures because it seems that people would like to hear because that could well result in a tax increase, which was the talk of the Fall. Asked if there is a particular document that was put together so it could be foiled? SUPERVISOR STEC-The budget. MRS. BRUNO-Besides the budget it sounds like he was looking for a layman’s breakdown. Spoke to the board regarding the increase in the budget from year to year asked if it is calculated from the beginning. SUPERVISOR STEC-Adopted budget to adopted budget. MRS. BRUNO-Asked if it includes the budget changes throughout the year SUPERVISOR STEC-No. MRS. BRUNO-Has any of that ever been calculated? SUPERVISOR STEC-I think you probably calculated some it last fall. JOHN SALVADOR-Spoke to the board regarding the Quaker Road drainage they should not forget that the invert elevation of the large culvert crossing Quaker Road is two feet above the inlet of that culvert coming from the neighborhood. Asked if anyone has thought about a lift station in that drainage ditch? SUPERVISOR STEC-Our engineers have designed a solution it is a matter of getting the easements. MR. SALVADOR-With a lift station you would not need any easements. SUPERVISOR STEC-We have a partially collapsed pipe. MR. SALVADOR-That does not require easements. Regular Town Board Meeting 02-22-2010 MTG#8 20 SUPERVISOR STEC-Our engineers have designed a solution that corrects the very elevation issue that you are talking about. MR. SALVADOR-All of this should go to the County who installed that Quaker Road culvert pipe. Read into the record Section 1103B of the Vehicle and Traffic Law. Spoke to the board regarding the Trash Plant noted that in 2011 the contracts are up asked if there is any plan in place of what we are going to do in this Town with our solid waste. Where we are going to take it? How we are going to collect it, and at what cost are we going to do all of this. Who is going to pay this it’s a serious problem. Spoke to the board regarding the Town of Lake George and Town of Bolton they have decided not to put their reval in place this year. The primary reason is due to the slow down in real estate market there is a rare scarcity of arms lengths sales we did just the opposite. SUPERVISOR STEC-Helen Otte received a Statewide Award for the quality of that reval. NINA BAKHTIN, 236 MEADOWBROOK ROAD-Spoke to the board regarding the th recent purchase of a house on 236 Meadowbrook Road. On January 24 had a flood discovered her property doesn’t have any land the flood destroyed the basement, garage and it goes straight to the house asked what can be done to make their life save? SUPERVISOR STEC-Spoke with the Highway Department, Warren County Soil and Water, and our Code Enforcement. They all told me they met with you about this issue. Tried to call you back no one answered sent an email late this afternoon. The folks that you already talked to told you what can and can’t be done. We can’t dig up the stream we can not change the streams channel, recommended Ms. Bakhtin to call his office and set up a meeting to see what might be able to be done. COUNCILMAN STROUGH- Asked if Warren County Soil and Water should be involved in this and look at it comprehensively so that we don’t cause other people problems. FRAN COLVIN, 242 MEADOWBROOK ROAD-Lived there since 1993 the water issue has been around for a while has noticed in the last few years it seems to have back up. Asked if anyone has walked this lately to see if maybe there are beavers there have been problems with beavers. COUNCILMAN METIVIER-We talked about that with the Homer Avenue project that we want to have someone go through the entire… COUNCILMAN BREWER-Maybe Water and Soil could possibly walk this. SUPERVISOR STEC-They walked it, but it was probably four years ago we can ask them. COUNCILMAN METIVIER-Asked if what they have done to the house in the last few years has it not help? MS. COLVIN-They put a drainage system in the front to help her basement out, but because we have this odd thawing in January the ground was not thawed and the water just went over the frozen ground and went up against her house. Any of the sand that they put around the house it went right up against her house. COUNCILMAN METIVIER-Asked if it is legal with a Class A Trout Stream to go in and dig out silt. SUPERVISOR STEC-Spoke with Dave Wick about this today he said anything that anyone can move by hand is perfectly alright, but when you take a machine into the stream channel that changes a lot of things at a minimum you need to get someone permitting approval. Jim Leiberum and Dave Wick would be the two people to talk to they said they would be happy to talk about this some more and come up with some sort of plan. Asked for them to call his office tomorrow can help set up another meeting with Regular Town Board Meeting 02-22-2010 MTG#8 21 Soil and Water if you would like I can go. If you wait a week Ron Montesi your Councilman can come with us they can lay out all the options of what they can and can’t help you with. DAVE BRUNO, QUEENSBURY-Spoke to the board noting there are Boy Scouts, Trout Unlimited, BOCES Conservation Classes there are a lot of people that could help this st lady with her natural wood. Spoke to the board regarding February 1, Resolution to Amend 2010 Budget this was five hundred thousand for the Main Street Project for Water Department. TOWN COUNSEL, HAFNER-They had that money in their reserve for this project. MR. BRUNO-This was previously budgeted? SUPERVISOR STEC-This was a Capital Project it is a number that didn’t surprise us it is coming from their reserve. It is not in their operating budget. MR. BRUNO-The point is how many more half a million dollar surprises do we have st coming with Main Street noted his concern that it is February 1 and we are already amending the 2010 budget to the tune of a half a million dollars for Main Street and it has taken us years to get this thing going the taxpayers can’t afford…. COUNCILMAN BREWER-It is not an additional expense, that is what you are thinking. They have been budgeted and appropriated. MR. BRUNO-You just said it was budgeted Tim? SUPERVISOR STEC-We don’t budget capital projects like that they are not part of the operating budget they are capital budget. COUNCILMAN BREWER-That money was talked about last year and was in his reserves. SUPERVISOR STEC-That has been the plan for water all along. COUNCILMAN BREWER-When it is time to spend that money he takes it out of his reserve to spend. MR. BRUNO-You are familiar with the Capital Improvement Plan states that you will include the cost of capital improvement in your budget. COUNCILMAN BREWER-It didn’t come out of the Capital Improvement Plan that is a separate fund. That Capital Improvement Fund is something the Town Board started back when Dennis Brower was in office. MR. BRUNO-The Capital Improvement Plan states you will include those budgeted items in your yearly budget noted his concerned for the taxpayers that we are going to have unbudgeted unidentified items in the Town budget that usually barely over one percent, which by the end of the fiscal year turns into two, three percent. SUPERVISOR STEC-Disagrees with the math. MR. BRUNO-Thinks full disclosure to the public…. SUPERVISOR STEC-The public has been fully informed every step of the way for ten years. COUNCILMAN BREWER-You are misconstruing the words here to make it sound like we came up with a half a million dollars of money and were short and we need to appropriate it and that is not the case. The money has been in the Water Treatment Reserve for years. We knew about this project we knew we were going to spend that money. After the new year when the project started going they knew they were going to Regular Town Board Meeting 02-22-2010 MTG#8 22 have to spend that half a million dollars he transferred so we could spend it. It is not an additional tax that we are laying on the Town. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING PAYMENTS UNDER CURRENT AGREEMENT TO QUEENSBURY CENTRAL VOLUNTEER FIRE CO. RESOLUTION NO.: 109, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and the West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town’s agreements with the Fire Companies expired on December 31, 2008, and WHEREAS, in such Agreements the Town and Fire Companies agreed to continue to provide fire protection services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements, and WHEREAS, by Resolution No.: 53,2010, the Town Board authorized payment th vouchers constituting 1/12 of the 2009 Contract Amount for January and February (not including Vehicle Fund) to the Queensbury Central and West Glens Falls Fire Companies under the current Agreements, which payments constituted advance payments on the new fire protection services 2010 Agreements, and WHEREAS, the Town and the West Glens Falls Fire Company recently entered into a new three (3) year Agreement for fire protection services for 2010-2012, and WHEREAS, the Queensbury Central Fire Company may face cash flow shortages before its new agreement can be executed and therefore the Town Board wishes to again authorize payments under the current Agreement, which after a new agreement is entered into, will constitute advance payments on the 2010 agreement to the Fire Company, such advances to be deducted from contract payments to be paid after the 2010 agreement is ratified, NOW, THEREFORE, BE IT Regular Town Board Meeting 02-22-2010 MTG#8 23 RESOLVED, that the Queensbury Town Board hereby authorizes the Town th Supervisor to approve a payment voucher constituting 1/12 of the respective 2009 Contract Amounts (not including Vehicle Fund) during March, to the Queensbury Central Volunteer Fire Company under the current Agreement, which payment will constitute advance payment on the new fire protection services 2010 Agreements if such Agreement is entered into, and BE IT FURTHER, RESOLVED, that should a new fire protection services 2010 Agreement not be st entered into by March 31, 2010, then the Town Board authorizes the Town Supervisor to th approve additional payment vouchers constituting 1/12 of the respective 2009 Contract Amount (not including Vehicle Fund) to the Fire Company during April and May, 2010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, MR. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO TOWN OF QUEENSBURY EMERGENCY/RESCUE SQUADS RESOLUTION NO.: 110, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., (Squads) in accordance with agreements between each Rescue Squad and the Town, and Regular Town Board Meeting 02-22-2010 MTG#8 24 WHEREAS, the Town’s agreements with the Squads expired on December 31, 2009, and WHEREAS, in such Agreements the Town and Squads have agreed to continue to provide general emergency ambulance services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements, and WHEREAS, by Resolution No.: 52,2010, the Town Board authorized payment th vouchers constituting 1/12 of the 2009 Contract Amount for January and February to the Squads under the current Agreements, which payments constituted advance payments on the new general emergency ambulance services 2010 Agreements, and WHEREAS, the Squads may face cash flow shortages before the new agreements can be executed and therefore the Town Board wishes to again authorize advance payments under the current Agreements, which after new agreements are entered into, will constitute advance payments on the 2010 agreements to the Squads, such advances to be deducted from contract payments to be paid after the 2010 contracts are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town th Supervisor to approve payment vouchers for 1/12 of the respective 2009 Contract Amount(s) during March, to the three (3) Town of Queensbury Emergency/Rescue Squads (Squads) under the current Agreements, which payments will constitute advance payments on the new general emergency ambulance services 2010 Agreement(s) if such agreements are entered into, with the further understanding that the Town shall also th approve payment vouchers for 1/12 of the Squads’ paid daytime service costs, and BE IT FURTHER, RESOLVED, that should new emergency ambulance services 2010 Agreements not st be entered into by March 31, 2010, then the Town Board authorizes the Town Supervisor th to approve additional payment vouchers constituting 1/12 of the 2009 Contract Amount to the Squads during April and May, 2010, again with the understanding that the Town shall th also approve payment vouchers for 1/12 of the Squads’ paid daytime service costs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such Regular Town Board Meeting 02-22-2010 MTG#8 25 payments which are authorized under the current Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING THE GLEN AT HILAND MEADOWS TO HOST 5K ROAD RACE RESOLUTION NO. 111, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, The Glen at Hiland Meadows has requested authorization from the Queensbury Town Board to conduct a 5k road race as follows: SPONSOR : The Glen at Hiland Meadows EVENT : 5k Road Race th DATE : Sunday, April 11, 2010 TIME : 1:00 p.m. PLACE : Beginning and ending at Longview Drive (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from The Glen at Hiland Meadows to conduct a 5k Road Race within the th Town of Queensbury on Sunday, April 11, 2010, 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. Regular Town Board Meeting 02-22-2010 MTG#8 26 nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. ALICIA METZ AND QUEENSBURY PETROLEUM, INC. RESOLUTION NO.: 112, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Chapter 179 of the Town Code provides for administration and enforcement of the Town’s Zoning Ordinance and related laws, codes, ordinances, and regulations, and WHEREAS, Queensbury Petroleum, Inc., (Qby Petroleum), a Connecticut corporation, owns property located at 107 Main Street in the Town of Queensbury (Sunoco , Station - Tax Map No.: 309.14-1-6) WHEREAS, Alicia Metz is the Chief Executive Officer and/or owner of Qby Petroleum, and rd WHEREAS, on June 3, 2009, the Town issued two citations alleging that Qby Petroleum violated the Town Code in that Qby Petroleum operated a convenience store and gas station at such location (as well as at 532 Aviation Road) without first securing a certificate of occupancy, and WHEREAS, Qby Petroleum was cited to appear in Town Court on several occasions but failed to appear, and th WHEREAS, on November 16, 2009, Queensbury Town Justice McNally issued a Decision in favor of the Town and assessed a fine on each citation for a total of $1,900, and WHEREAS, the Town’s Director of Building and Codes Enforcement has advised that Qby Petroleum has failed to bring its 107 Main Street property into compliance, failed to pay the $1,900 fines and ignored the Town Counsel’s requests to bring the 107 Main Street property into compliance with the Town Code, and therefore the Director of Building and Code Enforcement has recommended that the Town Board commence a Supreme Court Regular Town Board Meeting 02-22-2010 MTG#8 27 action against Qby Petroleum requiring Qby Petroleum to come into conformance with the Town Code, and WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent injunctive relief requiring that Qby Petroleum bring the property into compliance with the Town Code, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and permanent injunctive relief against Alicia Metz and/or Queensbury Petroleum, Inc., concerning the property located at 107 Main Street in the Town of Queensbury (Sunoco Station - Tax Map No.: 309.14-1-6) as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement, Code Compliance Officer and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT : Mr. Montesi RESOLUTION TO AMEND 2009 BUDGET RESOLUTION NO.: 113, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION Regular Town Board Meeting 02-22-2010 MTG#8 28 SECONDED BY: Mr. John Strough 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 $ 001-1355-4400 Misc. Contractual 001-1110-4400 Misc. Contractual 2,569 005-9040-8043-4981 First Aid 005-3410-4400-4981 Misc. Contractual 1,000 005-9040-8040-4981 Workers' Comp 004-3410-4400-4981 Misc. Contractual 2,142 005-9025-8026-4981 Service Award Admin Fees 005-3410-4400-4981 Misc. Contractual 5,000 Service Award 005-9024-8025-4981 Contributions 005-3410-4400-4981 Misc. Contractual 7,800 005-3410-4415-4981 Emergency Svc Contracts 005-3410-4400-4981 Misc. Contractual 1,433 005-0000-0909-4981 Fund Balance 005-3410-4400-4981 Misc. Contractual 400 nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING GRANT APPLICATION FROM NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY FOR FUNDS TO BE USED FOR TOWN LIGHTING UPGRADE/ENERGY EFFICIENCY IMPROVEMENTS RESOLUTION NO: 114, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Vision Engineering, the Town of Queensbury’s Engineers, have advised the Town Board that grant funds are available from the New York State Energy Research and Development Authority (NYSERDA) to provide funding to the Town for lighting upgrades and energy efficiency improvements, which, if such grant funds are Regular Town Board Meeting 02-22-2010 MTG#8 29 awarded, would enable the Town, at no cost, to replace its fluorescent lights with LED lights thereby resulting in a huge projected energy savings, and WHEREAS, the Town Board wishes to authorize an application for these grant funds up to the maximum grant amount available, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the application for grant funds prepared by Vision Engineering, up to the maximum grant amount available, from the New York State Energy Research and Development Authority (NYSERDA) to provide funding to the Town for lighting upgrades and energy efficiency improvements as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Grant Application and/or any other needed documentation to apply for such grant funds, and the Town Supervisor, Town Budget Officer and/or Vision Engineering to take any other actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION AWARDING BID FOR PURCHASE OF MICROSOFT OFFICE 2007 PROFESSIONAL PLUS – LICENSES & SOFTWARE ASSURANCE RESOLUTION NO. 115, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Resolution No.: 87,2010, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of one-hundred (100) Microsoft Office 2007 Professional Plus Licenses and Software Assurance as more clearly specified in bid specifications on file with the Town’s Purchasing Agent, and Regular Town Board Meeting 02-22-2010 MTG#8 30 WHEREAS, the Technology Coordinator and Purchasing Agent have reviewed the two (2) submitted proposals and recommended that the Town Board award the bid to the lowest responsible bidder meeting all bid requirements, CDW Government, LLC, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the purchase of one-hundred (100) Microsoft Office 2007 Professional Plus Licenses and Software Assurance from CDW Government, LLC for an amount not to exceed $19,500 per year, for three (3) years, for a total of $58,500, to be paid for from SoftwareAccount , No.: 001-1680-2032 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Technology Coordinator and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2010 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION APPROVING GRANT AWARDS FOR CASE #6101 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 116, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and Regular Town Board Meeting 02-22-2010 MTG#8 31 WHEREAS, a single family property Case File #6101 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceedtwenty five thousand dollars and no cents ($25,000.00), and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5)years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant award not to exceed twenty five thousand dollars and no cents ($25,000.00) including an AHOD grant, as applicable, in the amount not to exceed 60% of the total cost of rehabilitation for Case File #6101, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:Mr. Montesi RESOLUTION APPROVING GRANT AWARDS FOR CASE #6102 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING Regular Town Board Meeting 02-22-2010 MTG#8 32 REHABILITATION PROGRAM RESOLUTION NO.: 117, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #6102 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceedtwenty five thousand dollars and no cents ($25,000.00), and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5)years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant award not to exceed twenty five thousand dollars and no cents ($25,000.00) including an AHOD grant, as applicable, in the amount not to exceed 60% of the total cost of rehabilitation for Case File #6102, Queensbury, New York, and Regular Town Board Meeting 02-22-2010 MTG#8 33 BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT:Mr. Montesi RESOLUTION APPROVING GRANT AWARDS FOR CASE #6103 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 118, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #6103 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceedtwenty five thousand dollars and no cents ($25,000.00), and Regular Town Board Meeting 02-22-2010 MTG#8 34 WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5)years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant award not to exceed twenty five thousand dollars and no cents ($25,000.00) including an AHOD grant, as applicable, in the amount not to exceed 60% of the total cost of rehabilitation for Case File #6103, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES: None ABSENT:Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2010 TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER A183 “SUBDIVISION OF LAND” AND REPLACING IT WITH NEW CHAPTER A183 “SUBDIVISION OF LAND” RESOLUTION NO.: 119, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established and appointed members to the Planning Ordinance Review Committee (PORC), which Regular Town Board Meeting 02-22-2010 MTG#8 35 Committee’s task was to review the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and th WHEREAS, on May 19, 2005, the PORC adopted a Resolution recommending the hiring of Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, P.C. (Saratoga Associates) to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, by Resolution No.: 394.2005, the Town Board authorized engagement of Saratoga Associates to prepare an update to the Town’s Zoning Code and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, Saratoga Associates drafted comprehensive revisions to the Town’s Subdivision Code (Chapter A183 of the Town Code), and WHEREAS, on May 17, 2007 the PORC adopted a Resolution forwarding the draft Subdivision Code revisions to the Town Board for its review and consideration, and WHEREAS, the Town Board has made additional changes to the draft Subdivision Code revisions and has caused the draft revisions to be put into the form of proposed Local Law No. ___ of 2010, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2010 to repeal current Queensbury Town Code Chapter A183 entitled “Subdivision of Land,” and replace it with a new Chapter A183 “Subdivision of Land,” and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed revised Subdivision Code and obtain a recommendation from the Warren County Planning Board before enacting the legislation, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed revised Zoning Code prior to adoption, and WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT Regular Town Board Meeting 02-22-2010 MTG#8 36 RESOLVED, that the Queensbury Town Board formally submits the proposed revisions and supporting SEQRA documentation to the Adirondack Park Agency for review and approval pursuant to Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or Senior Planner to forward copies of the proposed revised Subdivision Code to the Adirondack Park Agency and Warren County Planning Board for their review, approval and/or recommendation, and BE IT FURTHER RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on March 15, 2010 to hear all interested persons concerning proposed Local Law No.: ___ of 2010 to repeal current Queensbury Town Code Chapter A183 entitled “Subdivision of Land,” and replace it with a new Chapter A183 “Subdivision of Land,” which Local Law provides for comprehensive Town-wide changes to the Town of Queensbury’s Subdivision Code, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town’s official newspaper and by posting the Notice of Public Hearing on the Town’s bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies or municipalities, in accordance with New York State Town Law Section 265 and any other applicable State Laws or Town Code provisions, and BE IT FURTHER RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and directed to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.___ of 2010. Regular Town Board Meeting 02-22-2010 MTG#8 37 Duly adopted this 22nd day of February 2010, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION ADOPTING DETERMINATION OF NON- SIGNIFICANCE REGARDING PROPOSED LOCAL LAW TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER A183 “SUBDIVISION OF LAND” AND REPLACING IT WITH NEW CHAPTER A183 “SUBDIVISION OF LAND” RESOLUTION NO.: 120, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with 6 New York Code of Rules and Regulations NYCRR §6176, the Queensbury Town Board is the Lead Agency under the State Environmental Quality Review Act (SEQRA) for an action consisting of adoption of a Local Law to amend the Town Code by repealing existing Chapter A183, “Subdivision of Land” and replacing it with a new Chapter A183, “Subdivision of Land,” and WHEREAS it appears that the action is a Type I action under SEQRA and therefore the Town Board prepared Part I of the Long Environmental Assessment Form (EAF), and WHEREAS the Town Board has considered the repeal and replacement of existing Chapter A183 Subdivision of Land of the Town Code, reviewed Part I of the EAF and has completed Part II of the EAF, and WHEREAS the Town Board has determined that the action will not result in any large or important impacts and therefore is one which will not have a significant impact on the environment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the action will not have a significant adverse impact on the environment, declares a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative Declaration Notice of Determination of Non Significance for this action, and Regular Town Board Meeting 02-22-2010 MTG#8 38 BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Clerk and Town Counsel to file any necessary documents relating to this negative Declaration in accordance with applicable laws and regulations. nd Duly adopted this 22 day of February 2010 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT:Mr. Montesi PART 2- SEQRA FORM LONG FORM 1.NO Will the Proposed action result in any physical change to the project site? 2.Will there be an effect to any unique or unusual land forms found on the site? NO (i.e., cliffs, dunes, geological, formations, etc.) 3.Will the proposed action affect any water body designated as protected? (under NO Articles 12, 24, 25 of the Environmental Conservation Law, ECL) 4.NO Will proposed action affect any non-protected existing or new body of water? NO 5.Will proposed action affect surface or groundwater quality or quantity? 6.NO Will proposed action alter drainage flow or patterns, or surface water runoff? NO 7.Will proposed action affect air quality? 8.NO Will proposed action affect any threatened or endangered species? 9.Will proposed action substantially affect non-threatened or non-endangered NO species? 10.NO Will the proposed action affect agricultural land resources? 11.NO Will proposed action affect aesthetic resources? 12. Will proposed action impact any site or structure of historic, prehistoric or NO paleontological importance? 13. Will proposed action affect the quantity or quality of existing or future open NO spaces or recreational opportunities? 14. Will proposed action impact he exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR NO 617.14(g)? NO 15.Will there be an effect to existing transportation systems? 16. Will proposed action affect the community’s sources of fuel or energy supply? NO Regular Town Board Meeting 02-22-2010 MTG#8 39 17. Will there be objectionable odors, noise, or vibration as a result of the proposed NO action? 18.NO Will proposed action affect public health and safety? 19.NO Will proposed action affect the character of the existing community? 20. Is there, or is there likely to be, public controversy related to potential adverse NO environmental impacts? RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF RD FEBRUARY 23, 2010 RESOLUTION NO.: 121, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills th presented as a Warrant with a run date of February 18, 2010 and payment date of February rd 23, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with thrd the run date of February 18, 2010 and payment date of February 23, 2010 totaling $1,186,533.53, 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. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2010 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” §179-3-040(B)(2)(a)[1] RESOLUTION NO.: 122. 2010 Regular Town Board Meeting 02-22-2010 MTG#8 40 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer th WHEREAS, at its February 8, 2010 Workshop Meeting, the Queensbury Town Board discussed changing Queensbury Town Code §179-3-040(B)(2)(a)[1] to specify that residential development in office zoning districts should not be within three-hundred feet (300’) of Bay Road and West Mountain Road instead of all arterial roads, and WHEREAS, the Town Board instructed the Senior Planner to draft the necessary zoning language to effect such proposed change, and WHEREAS, the Town Board has caused the draft revisions to be put into the form of proposed Local Law No. ___ of 2010, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of , 2010 to Amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(2)(A)[1] and WHEREAS, in accordance with General Municipal Law §239-m, before enacting the legislation the Town must first refer the proposed revised Zoning Code and obtain a recommendation from the Warren County Planning Board, and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk or Senior Planner to forward copies of the proposed revised Zoning Code to the Warren County Planning Board for their review, approval and/or recommendation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby declares its intent to be Lead Agency for SEQRA review of the proposed revised Zoning Code and directs the Town Clerk or Senior Planner to send copies of the proposed revised Zoning Code, Short Environmental Assessment Form, and a certified copy of this Resolution stating the Town Board’s intention to be Lead Agency for SEQRA review, to any Involved Agencies as required by law, and Regular Town Board Meeting 02-22-2010 MTG#8 41 BE IT FURTHER RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on th March 15, 2010 to hear all interested persons concerning proposed Local Law No.: ___ of 2010 to Amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(2)(A)[1], and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days’ prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town’s official newspaper and by posting the Notice of Public Hearing on the Town’s bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the Notice of Public Hearing, together with copies of the proposed Local Law, if necessary, to any public officials, agencies or municipalities, in accordance with New York State Town Law §265 and any other applicable State Laws or Town Code provisions, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.___ of 2010. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier NOES : Mr. Strough ABSENT: Mr. Montesi DISCUSSION HELD BEFORE VOTE COUNCILMAN STROUGH-To me this is taking away the current language of our Professional Office Zoning that says that there shall be a three hundred foot setback. The Professional Office Zoning to give you a little history of Professional Office Zoning. I believe and have ever since day one this is controversy that has been going on for years that Professional Office Zoning should be reserved for Professional Office Zoning. If not for Professional Office Zoning than maybe for other commercial interests as well. The Regular Town Board Meeting 02-22-2010 MTG#8 42 one thing I don’t want to see in Commercial Office Zoning and haven’t, I have made this stand for eight years is residential because it is a very important resource to the Town commercial type of zoning will help reduce taxes residential, I know we need it and we’ve got plenty of it already. Residential Zoning is a burden on the taxes so you need to have a balance. Commercial Office Zoning like Professional Office Zoning or as we call it now just Office Zoning, I think is very precious. What this is proposing is to take away and every step that we have taken has watered this down and watered this down. If you want it to be Residential Zoning call it Residential Zoning. First of all, I don’t think there should be allowed Residential Zoning within the Office Zone. Then it was a thousand foot setback. Then it was a three hundred foot setback. That is a three hundred foot setback from all arterials. SUPERVISOR STEC-That is the change that we are talking about making. COUNCILMAN STROUGH-The change they are talking about is to make the only two arterials West Mountain Road and Bay Road would be the only two arterials where there would be any setbacks. Meaning that in other areas you could put residential development like apartments and high density residential development like apartments in there instead of commercial development like professional offices. Professional Offices create jobs; reduce taxes I just don’t want to do this to this zone. I am going to say no on this tonight for the public hearing I am going to have more to say about it on the night of the public hearing. COUNCILMAN METIVIER-John besides Blind Rock Road what other arterial roads are we talking about. COUNCILMAN STROUGH-Why change it? SUPERVISOR STEC-The word intent the “I” word intent that we heard for five years. The only change that is being proposed in the public hearing that we are going to be setting with this resolution is to correct an oversight by the Town Board. The Town Board at the time that we adopted this fully believed that we were talking about Bay Road, West Mountain Road. However, we didn’t say Bay Road and West Mountain Road we used the word arterial road, which had an unintended consequence to add an additional road into the mix. The board’s intention when we adopted this last year was that the three hundred foot setback would apply to Bay Road and West Mountain Road. The only change is literally one sentence where it says three hundred feet of arterial roads will now read three hundred feet of Bay Road and West Mountain Road, which is what everyone else on the Town Board thought we were accomplishing a year ago. This was brought to our attention by an applicant’s Attorney who was in asking about another piece of property, which is the next resolution. It was something that the board didn’t intend to do. This resolution will correct an area and put us where we thought we were last April. Everything else has been a debate I don’t think we are all ever going to be unanimous on, we got to a reasonable place until we realized that we had an unintended consequence of adding in, there has never been any discussion about a setback on Blind Rock Road. COUNCILMAN STROUGH-That could be one way of looking at it. Another way of looking at it this particular individual asked for us to change their zone, which is the next resolution, which is Moderate Density Residential to Office, which I don’t have a problem. As a matter of fact the original proposed zoning had it Professional Office. To make the change to Professional Office Zone another one I don’t like, I can explain why th and I will on March 15. To say the only two arterials that this applies to and I already disagree with the three hundred foot setback, but the only two arterials that this applies to is Bay Road and West Mountain Road. Now, here we are we are changing a zone from Moderate Density or we are proposing to change a zone from Moderate Density Residential to Professional Office. What’s to say that in the future we don’t do this along Route 9 or along Aviation Road? COUNCILMAN BREWER-There is nothing to say that John except for this board. Regular Town Board Meeting 02-22-2010 MTG#8 43 COUNCILMAN STROUGH-No, but the thing about it is if you are changing the language of what is an arterial thinking that well, this only applies to Professional Office on those two areas you might be wrong in the future this could apply to anywhere. I am opposed to changing the definition of arterial to meet especially it seems to accommodate particular…. COUNCILMAN BREWER-We are not changing the meaning of arterial. SUPERVISOR STEC-We are not changing the definition of arterial John. COUNCILMAN BREWER-We are not changing the meaning of arterial John we are changing…. COUNCILMAN STROUGH-Just keep it arterial. COUNCILMAN BREWER-You can vote no. COUNCILMAN STROUGH-I am obviously going to vote no. COUNCILMAN BREWER-That’s fine, but you are missing the intent the intent, was not to say arterial. COUNCILMAN STROUGH-The point is now I would love to see Professional Offices along Glenwood and Glendale and that’s where we are talking. COUNCILMAN BREWER-Right. COUNCILMAN STROUGH-You are saying you are changing this so that this person can now put heavy density residential in there, which is not what I want, I want commercial development along Glenwood and Glendale. SUPERVISOR STEC-Any other discussion. The public hearing will be three weeks th from tonight on March 15. Again the one change to the code is to strike the word arterial road and replace with Bay Road and West Mountain Road as per what the Town Board thought and intended to do a year ago. RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTIES ON GLENWOOD AVENUE AND WOODVALE ROAD FROM MODERATE DENSITY RESIDENTIAL (MDR) TO OFFICE (O) RESOLUTION NO.: 123, 2010 INTRODUCED BY : Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is considering amending the Town Zoning Ordinance and Map to rezone seventy-one parcels of property on Glenwood Avenue and Woodvale Road from Moderate Density Residential (MDR)) to Office (O), 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 Regular Town Board Meeting 02-22-2010 MTG#8 44 Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, March 15, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby the properties bearing Tax Map Parcel No.’s: 296.15-1-18 296.74-1-4 296.74-1-28 296.15-1-19 296.74-1-5 296.74-1-29 296.15-1-20 296.74-1-6 296.74-1-30 296.15-1-22 296.74-1-7 296.74-1-31 296.15-1-23 296.74-1-8 296.74-1-32 296.15-1-24 296.74-1-9 296.74-1-33 296.15-1-25 296.74-1-10 296.74-1-34 296.15-1-26.1 296.74-1-11 296.74-1-35 296.15-1-26.2 296.74-1-12 296.74-1-36 296.15-1-26.3 296.74-1-13 296.74-1-37 296.15-1-27 296.74-1-14 296.74-1-38 296.19-1-12 296.74-1-15 296.74-1-39 296.19-1-13 296.74-1-16 296.74-1-40 296.19-1-14.1 296.74-1-17 296.74-1-41 296.19-1-14.2 296.74-1-18 296.74-1-42 296.19-1-18 296.74-1-19 296.74-1-43 296.19-1-19 296.74-1-20 296.74-1-44 296.19-1-20 296.74-1-21 296.74-1-45 296.19-1-22 296.74-1-22 296.74-1-46 296.19-1-23 296.74-1-23 296.82-1-1 296.19-1-24 296.74-1-24 296.82-1-2 296.74-1-1 296.74-1-25 296.82-1-3 296.74-1-2 296.74-1-26 296.82-1-4 296.74-1-3 296.74-1-27 located along Glenwood Avenue and Woodvale Road in the Town of Queensbury would be rezoned from Moderate Intensity Residential (MDR) to Office (O), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and Regular Town Board Meeting 02-22-2010 MTG#8 2 BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the proposed zoning change to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. nd Duly adopted this 22 day of February, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT:Mr. Montesi 5.0 CORRESPONDENCE DEPUTY CLERK O’BRIEN-2009 Annual Report for Community Development on file in Town Clerk’s Office. 5.0TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER ? Thanked all the Volunteer Fire Departments for their efforts this past year. A lot was accomplished at the end of the day you will notice that your taxes are not going to go up and if they are it is a very small amount. The idea of paid has been thrown around for a few years and we have managed to avoid this and we are in a much better place because of it. The Volunteers do a great job and they save the taxpayer a whole lot of money a year by being Volunteers thank you all very much. ? We are looking for people to fill the Ethics Board if anyone is interested in this please contact Leesa Stiller or Dan or you can email me at wardone@queensbury.net about becoming a member of the Ethics Board. COUNCILMAN STROUGH th ? Read an article from Newsweek February 15, 2010 under Health and Prevention regarding AARP Blue Zones Vitality Project regarding the health habits of the longest lived people. The essence of the article is something I have been profounding for a long time that the design of your community is essential to your health as well as to your pocketbook. Regular Town Board Meeting 02-22-2010 MTG#8 3 rdthth ? Spring pickup is as follows Ward 3 – May 3 – May 7 Ward 2 – May 10 –May thththstth 14, Ward 4 – May 17 -28 and Ward One – May 31 – June 4, 2010. COUNCILMAN BREWER ? Attended the Associations of Towns in New York City this past week went to a booth regarding the State of New York Unclaimed Funds asked how many people have unclaimed funds in the Town of Queensbury there are twenty three hundred and three people in the Town of Queensbury. Intend to put a link on the Towns website so people can punch your name in to see if they have any of your money. In the next couple of weeks we will make an announcement to let the residents know when the link will be available. SUPERVISOR STEC ? Attended the New York State Associations of Counties Annual Training one of the topics was a budget presentation on the State of the States Economy. Last year there was a four billion dollars plus or minus the papers are already reporting that the upcoming budget cycle that the State is looking at is a number of eight billion dollars. What came out of the seminar is one of the projections that is floating around Albany that the State’s total cumulative deficit over the next five years could be as high as sixty billion dollars I do not think that 2009 was the worse of it, I think that 2009 was probably the start of it. ? To add to what Tim found out we will get that information available on the website. I think it probably will be a useful thing hopefully the newspaper will follow up on it because it is not just Queensbury every municipality has a list. ? The Towns website www.queensbury.net ? We will need to have an Attorney/Client Privilege Meeting to discuss and get legal advice from our Attorney about something involving the Wastewater Department following this meeting. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 124, 2010 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 Meeting. nd Duly adopted this 22 day of February, 2010 by the following vote: Ayes: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:Mr. Montesi Respectfully Submitted Darleen M. Dougher Town Clerk Town of Queensbury Regular Town Board Meeting 02-22-2010 MTG#8 4