Loading...
2011-04-04 MTG#10 REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 457 REGULAR TOWN BOARD MEETING MTG # 10 April 4, 2011 RES. 127- 148 7:00 P.M. BOH: 10-11 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS DAVE HATIN, DIRECTOR OF BUILDING AND CODES MIKE GENIER, CEMETERY SUPERINTENDENT TOWN COUNSEL ROBERT HAFNER PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC SUPERVISOR STEC-Opened Meeting 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 127, 2011 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 moves into the Queensbury Board of Health. Duly adopted this 4th day of April, 2011 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH NOTICE SHOWN PUBLICATION DATE: March 25, 2011 PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ARTHUR PERRY REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 458 SUPERVISOR STEC- We set this at our last regular Town Board meeting a couple of weeks ago. This is for property located up there off of the Cleverdale Road and they are seeking us to allow an absorption field to be located six feet from the property line in lieu of the required ten feet. The address is at 17 Duncan Cove Road in Queensbury. With that said, good evening, I will open the public hearing and I will let Mr. MacElroy and I presume Mr. ARTHUR PERRY- Arthur Perry SUPERVISOR STEC- Perry, yes sir MR. PERRY- Thank you SUPERVISOR STEC- If you want to add anything to this one DENNIS MACELROY- It’s pretty simple Dan, thank you. Dennis MacElroy from Environmental Design, representing Art and Lisa Perry; for this application, as you said, it’s a simple setback variance from the absorption field proposed to be six feet as opposed to the ten foot required. It is the property line that fronts on the road, so it’s not a neighbor type property line issue. So, it’s pretty much as benign as it could be as far as requesting a variance. This would be a replacement system that would serve the existing house and little garage apartment that exists; both have their own individual systems that are not compliant with current standards so this would bring the property up to code in terms of the wastewater systems COUNCILMAN BREWER- So you are going to tie the one for the garage into this system MR. MACELROY- Correct, as you see, there is a connection from both the garage and from the house to a new septic tank, and a pump tank that then pumps up to the field area COUNCILMAN BREWER- Boy that (referring to map), is that a line here over to there? MR. MACELROY- The dash line is the force main that goes up to the fields COUNCILMAN BREWER- Okay COUNCILMAN STROUGH- Where’s parking? MR. MACELROY- Currently on the north side of the property there is access in that’s been the driveway. There’s not a formal gravel or paved driveway on that property. There is parking on that side, on the north side. I think the owner’s perhaps considering a new driveway location but that may evolve further COUNCILMAN BREWER- Yea, because the driveway looks like its right in front of the beds MR. MACELROY- It’s on the north end of the property, which is the top of the COUNCILMAN BREWER- Right here, doesn’t it say existing MR. MACELROY- Yea, where it says existing driveway access COUNCILMAN STROUGH- Yea but, that looks like about one car MR. MACELROY- Yea, that’s the driveway in, it’s typical in those areas that you’ll have grass area parking and that’s the way it’s been on that property COUNCILMAN STROUGH- Well they can’t park on top of MR. MACELROY- Field, correct; that will be delineated so that there isn’t parking on the absorption field, correct COUNCILMAN STROUGH- So when they have guests, where do the guests park? MR. MACELROY- Um REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 459 MR. PERRY- There is actually space in front of this camp here (referring to map) COUNCILMAN STROUGH- Do they rent the bedroom apartment out MR. MACELROY- Excuse me COUNCILMAN STROUGH- Do they rent the bedroom apartment? MR. MACELROY- No, no, no, this is new property, the Perry’s are new owners of this property. Their first improvement, let’s say, was to get the wastewater system up to speed. There has been off road, off the street parking in the grassed areas and in that driveway area on the north side COUNCILMAN BREWER- That’s a pretty good size lot COUNCILMAN MONTESI- Dennis, anytime we can replace an existing system, especially on Cleverdale, Rockhurst, it’s a win-win for us. What was wrong with the old system? Just out of curiosity MR. MACELROY- Well, the one serving the house is non-compliant in terms of the setback to its own property there and I think that there it’s probably non-compliant in separation to groundwater. The one for the garage apartment is, there is nothing that’s compliant with that COUNCILMAN MONTESI- Fifty gallon drum MR. MACELROY- Yea, probably, I don’t even know that for sure but SUPERVISOR STEC- There are none of those in North Queensbury, weren’t you paying attention the other evening COUNCILMAN MONTESI- Okay MR. MACELROY- They’re being replaced one by one COUNCILMAN MONTESI- You know, I guess some of the concerns of the Board Members are that, you know, you really can’t park on an absorption field and all you are going to do is cause yourself grief down the line MR. MACELROY- Right, and while there isn’t a note on this variance plan, it’s been conveyed to the owner and certainly will be even physically can be barriered against MR. PERRY- We actually own the property across Duncan Cove, there’s an additional half acre lot across the street and that’s just vacant so there’s plenty of grass parking there COUNCILMAN STROUGH- But if you put a fence across there that might prevent some, you know how people are MR. PERRY- Sure COUNCILMAN STROUGH- I mean you’ve got an Elgin system there, a little bit of a mounded system; the last thing you want is somebody to drive on it COUNCILMAN METIVIER- Or what we did to Mastoloni’s property, did the bushes along the road SUPERVISOR STEC- I was going to say maybe landscaping would be an easier solution COUNCILMAN STROUGH- Yea SUPERVISOR STEC- A barrier REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 460 MR. MACELROY- Correct, certainly on the, well again, this is the variance plan but on a design plan or a site plan for this we’ll make that indication, certainly that no parking and provide some sort of barrier in front of that so SUPERVISOR STEC- Typically for these, this is usually the number one issue that we’ve got is we just want to make sure that not driving on it because it will destroy your system which you don’t want COUNCILMAN BREWER- So what’s the alternate plan? Is it to take this down and to start over? MR. MACELROY- Take? COUNCILMAN BREWER- The house or is that MR. MACELROY- Well, I will let the owner speak to that but that is certainly a possibility MR. PERRY- The small guest cottage is what we want to fix up a little bit and right now there isn’t a septic system that meets code so this is the reason for the new absorption field and the septic system COUNCILMAN BREWER- It’s not to tear down the house and build a new one? MR. PERRY- Not to tear down the house right away but that will COUNCILMAN BREWER- Right away MR. PERRY- Right COUNCILMAN BREWER- Okay, it doesn’t matter to me I was just curious that’s all MR. MACELROY- One improvement at a time COUNCILMAN BREWER- If you are going to eventually tear the house down and build it, I would want to make sure this is adequate for it COUNCILMAN METIVIER- As I’m sure you would too, for your future plan COUNCILMAN MONTESI- If it isn’t adequate you could boar under the road and go to your half acre lot MR. PERRY- There you go COUNCILMAN BREWER- Yea SUPERVISOR STEC- The public hearing is open, if there are any members of the public that would like to comment I’d ask that you just raise your hand one at a time and I will call on anyone who would like to comment on this public hearing. Any other questions or discussions from the Board? All right, I will close the public hearing and entertain a motion RESOLUTION APPROVING ARTHUR PERRY’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 10, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 461 WHEREAS, Arthur Perry filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow an absorption field to be located 6’ from the property line in lieu of the required 10’ setback on property located at 17 Duncan Cove Road 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 concerning the th variance request on Monday, April 4, 2011, 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 variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves Arthur Perry’s application for a variance from the Sewage Disposal Ordinance to install an absorption field 6’ from the property line in lieu of the required 10’ setback on property located at 17 Duncan Cove Road in the Town of Queensbury and bearing Tax Map No.: 226.16-1-6. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 462 RESOLUTION NO. BOH 11, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 4th day of April, 2011 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 2.0 HEARINGS NOTICE SHOWN UNSAFE STRUCTURE ON PROPERTY OWNED BY TARA HART AT 34 INDIANA AVENUE, QUEENSBURY BE DEMOLISHED AND REMOVED SUPERVISOR STEC- We set this a couple of weeks ago and Dave Hatin is here. He has been on top of this; he sent the Board, I think, pictures that he took last week, last Friday I believe and saying that it really hadn’t progressed. I don’t know if it’s progressed any since then Dave? DAVE HATIN, DIRECTOR OF BUILDING AND CODES- No, it has not progressed at all. SUPERVISOR STEC- Okay, and this structure was damaged significantly in a fire. Do you remember the date of the fire Dave, or approximate date? MR. HATIN- February fifteenth SUPERVISOR STEC- All right, February what? MR. HATIN- fifteenth SUPERVISOR STEC- Fifteenth, okay. All right and just for the public’s benefit, although the camera is not here tonight but that’s fine. What’s in front of the Board tonight is if we want to order the owner to immediately begin demolishing this unsafe structure that we need to have this th hearing; and if it’s not demolished and removed by May 4 than we would be authorizing Dave Hatin as the Director of Building and Codes Enforcement to make necessary arrangements to have it demolished. If we do that than we will take those expenses and put them against the property, correct Bob? TOWN COUNSEL HAFNER- That’s what the… SUPERVISOR STEC- I’m not sure if the Hart’s or anyone associated with the property is here tonight that wants to speak at this hearing? COUNCILMAN MONTESI- Have you had any contact, Dave, with Mrs. Hart? MR. HATIN- I’ve sent letters, I sent a certified copy of the resolution that sets the hearing for tonight and I’ve heard nothing. I have been by the property everyday to find nobody there. Just so the Board is aware to, the picture showed they have demolished the structure, they basically have collapsed the structure and left it in a pile. REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 463 COUNCILMAN STROUGH- I drove by there COUNCILMAN BREWER- Is there a cellar there? You can’t really tell by the pictures MR. HATIN- No, it’s on a slab SUPERVISOR STEC- All right, the Hart’s or no one representing the Hart’s this evening? All right, Dave, anything new that you want to tell us? MR. HATIN- No, just as soon as the May fourth deadline expires we will seek Town Counsel to get a court order SUPERVISOR STEC- And you will be communicating to them though that the Board has taken this action tonight so that hopefully they will do it themselves MR. HATIN- She will get mailed a certified copy SUPERVISOR STEC- Okay, I will close this hearing COUNCILMAN METIVIER- Do you know if that house was insured? MR. HATIN- No SUPERVISOR STEC- No you don’t or no you do not MR. HATIN- No, it was not, from what I was told it was not COUNCILMAN METIVIER- So that’s probably why we’re here SUPERVISOR STEC- All right, I will close this hearing and entertain a motion RESOLUTION ORDERING STRUCTURE ON PROPERTY OWNED BY TARA HART LOCATED AT 34 INDIANA AVENUE, QUEENSBURY BE DEMOLISHED AND REMOVED RESOLUTION NO.: 128, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a home that was damaged by fire on property owned by Tara Hart located at 34 Indiana Avenue in the Town of Queensbury (Tax Map No.: 309.13-1-11) and found that the building was not boarded-up and was generally in disrepair, unusable and unsafe, and WHEREAS, the Director advised Ms. Hart to take appropriate measures to board-up and st demolish the structure as more specifically set forth in the Director’s March 1, 2011 letter, and WHEREAS, the Director advised the Queensbury Town Board that in his opinion the structure was dangerous and unsafe to the general public and therefore requested that the Town REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 464 Board take action if the property owner failed to demolish and clean-up the structure as the structure has been partially demolished, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion the property is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure be demolished and removed, and st WHEREAS, on March 21, 2011, the Town Board declared the structure on the property to be dangerous and unsafe to the public, and th WHEREAS, the Town Board held a hearing concerning this property on Monday, April 4, 2011 and notice of this hearing was served in accordance with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Tara Hart to immediately begin demolishing and removing the structure on property located at 34 Indiana Avenue in the th Town of Queensbury (Tax Map No.: 309.13-1-11) and complete such work by 5:00 p.m., May 4, 2011, and BE IT FURTHER, th RESOLVED, that if the structure is not demolished and removed by May 4, 2011, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to demolish the structure and remove the demolition debris, such work not to exceed an amount up to $5,000, and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, reparation/removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the repairs or removal, including legal expenses, if necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take any actions necessary to amend the 2011 Town Budget and take any other necessary actions to provide for payment of such demolition expenses. REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 465 th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None 3.0 PRIVELEGE OF THE FLOOR (LIMIT- 4 MINUTES) JOHN SALVADOR- Spoke to the Board regarding the Hayes and Hayes project on storm water drainage and wastewater management. Objected to Building Department issuing permits for said project without proper test pit data. SUPERVISOR STEC- Stated that they are in front of the Planning Board at present GEORGE WINTERS- ? Congratulated Supervisor Stec on becoming Chairman of the Board of Supervisors. ? Spoke about government cutbacks, Town and State ? Spoke to the Board about a turnaround at Dixon Road and doesn’t see how that is going to alleviate traffic problems SUPERVISOR STEC – Explained that they have had many engineers working on this and it will help the traffic issues in that area. 4.0 RESOLUTIONS RESOLUTION APPROVING GRANT AWARDS FOR CASE #6287IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 129, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Homes and Community Renewal HOME programs to cover eligible project costs, and WHEREAS, a single family property Case File #6287 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 466 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), 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) including an AHOD grant, as applicable, in the amount not to exceed 60% of the total cost of rehabilitation for Case File #6287, 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. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION APPROVING WAIT HOUSE – WELCOMING ADOLESCENTS IN TRANSITION - FUNDRAISER RESOLUTION NO.: 130, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 467 SECONDED BY: Mr. John Strough WHEREAS, “Welcoming Adolescents in Transition” or “WAIT” House, will be holding a fundraiser at The Elks Club at 32 Cronin Road in the Town of Queensbury on Saturday, August th 20, 2011, with proceeds to benefit WAIT House and its mission of helping homeless youth in the community, and WHEREAS, the theme of such event will be horseracing and Wait House has contacted the Capital District OTB about having their Betmobile at the fundraising event, and WHEREAS, there is an internal approval process at OTB in order for the Betmobile to be at the event such that the Queensbury Town Board must approve of the Betmobile being present at the event, and therefore WAIT House has requested the Town Board’s approval, and WHEREAS, the Town Board supports such event, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the “Welcoming Adolescents in Transition” or “WAIT” House’s fundraiser at The Elks Club at 32 Cronin Road in th the Town of Queensbury on Saturday, August 20, 2011, with the Capital District OTB’s Betmobile to be part of such event, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to Anne Fuller, Director of Development, WAIT House, 10-12 Wait Street, P. forward a letter to O. Box 3252, Glens Falls, New York 12801 advising of the Town Board’s approval of the event along with a certified copy of this Resolution. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION FOR FUNDS TO BE USED FOR TOWN COURT IMPROVEMENTS REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 468 RESOLUTION NO.: 131, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 363,2010, the Queensbury Town Board authorized submission of an application for a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA) to be used by the Town for Town Court improvements, and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of $10,403.95, and WHEREAS, the Town Board wishes to accept such grant funds and establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $10,403.95 in grant funds from the New York State Office of Court Administration (OCA) as set forth in the preambles above and authorizes and directs the Town Supervisor to execute any needed grant acceptance form and/or any other associated documentation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $10,403.95 for such grant funds as follows: ? Increase Appropriation 001-1110-2010 Town Justice Office Equipment by $10,403.95; ? Increase Revenue 001-0000-53021 State Aid, Court Facilities by $10,403.95; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 469 Supervisor, Town Court Clerks and/or Town Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF TIM BRUNELLE FROM MOTOR EQUIPMENT OPERATOR TO WORKING FOREMAN AT PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO.: 132, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Cemetery Commission and Cemetery Superintendent have advised that there is a vacancy in the Working Foreman position at the Pine View Cemetery and Crematorium and the vacancy for the position was posted in accordance with the Civil Service Employees Association Collective Bargaining Agreement, and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended that the Town Board authorize the promotion of Tim Brunelle from Motor Equipment Operator (MEO) to Working Foreman as Mr. Brunelle is already a member of the Cemetery Department, has met the qualifications for the position, has the required job experience, and is being promoted consistent with the Collective Bargaining Agreement, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Tim Brunelle from Motor Equipment Operator (MEO) to Working Foreman effective on or th about April 5, 2011 at the rate of pay specified in the Town’s CSEA Union Agreement for the position, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 470 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2011 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION APPOINTING WENDY MATTHEWS TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO.: 133, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Recreation Commission, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Wendy Matthews to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Wendy Matthews to the st Town of Queensbury Recreation Commission, such term to expire on December 31, 2017. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 134, 2011 REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 471 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 001-0000-53820 Grant Revenue (State) 279.89 Increase Appropriation 001-7020-1010 Recreation Wages 279.89 036-0000-0909 Fund Balance 036-8130-4131 Counsel Litigation 50,000 036-0000-0909 Fund Balance 036-8130-4401 CPA Audit 25,000 th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY NORTHWAY PLAZA ASSOCIATES, LLC RESOLUTION NO.: 135, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Northway Plaza Associates, LLC, (Petitioner) previously commenced Article 7 Real Property Assessment Review cases in 2008, 2009 and 2010 against the Town of REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 472 Queensbury concerning the assessments on a parcel property located at 820 Route 9, Town of ( Queensbury, further identified as Tax Map No.:296.18-1-47, hereinafter the “Property”), and WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the Assessor has recommended a settlement proposal to the Town Board, and WHEREAS, counsel for the Queensbury Union Free School District advises that District officials will recommend that the School Board approve the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by Northway Plaza Associates, LLC, such that the assessments on the Property shall be revised as follows: ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT 2008 $10,266,000 $6.900,000 2009 $10,266,000 $6,500,000 2010 $10,266,000 $6,200,000 and BE IT FURTHER, RESOLVED, that the assessment on the Property for the final 2011 Assessment Roll shall be $5,500,000, which shall remain effective for the 2012, 2013 and 2014 Assessment Rolls, subject to the exceptions provided for in Real Property Tax Law §727, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds, with interest if ordered by the Court, within sixty (60) days after Petitioner serves a copy of the filed Court Order, with Notice of Entry, approving the settlement on the Warren County Treasurer, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 473 RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 4 day of April, 2011 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD REIMBURSEMENT OF TOWN RECREATION PROJECTS RESOLUTION NO.: 136, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by prior Resolution and Agreement the Queensbury Town Board provided in the 2011 Town Budget for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to accordingly authorize provision of such funds, in the amount of $5,250, to be used toward reimbursing the Town Recreation Department for expenditures related to the Department’s special events and recreational attractions, such events offered not only to Town of Queensbury residents, but also by the general public, who serve as an economic boon to the Town of Queensbury and entire area, as delineated in the Town Parks & th Recreation Director’s March 24, 2011 Memorandum presented at this meeting, and as follows: th ? HOVEY POND “PARTY IN THE PARK” - $2,250 – To be held on July 15, 2011 nd ? SPARTAN SPRINT FAMILY FUN RUN - $2,100 – To be held on May 22, 2011 th ? METTAWEE RIVER PERFORMANCE - $850 – To be held on July 9, 2011 NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 474 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of funds in the amount of $5,250 to the Town’s Recreation Department as delineated in the preambles of this Resolution, such funds to be from Warren County occupancy tax revenues received by the Town and to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate the following 2011 Budget Amendment: ? Increase Appropriations in Use of Occupancy Tax Account 050-6410-4412 by $5,250; and adjust the expense codes as needed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Director of Parks and Recreation to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ALBANY RODS & KUSTOMS RESOLUTION NO.: 137, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has received a request for occupancy tax funding rd from Albany Rods& Kustoms regarding its 23 Annual Adirondack Nationals Car Show to be held thth from September 8 – 11, 2011 in the Village and Town of Lake George, and WHEREAS, such event is expected to draw approximately 3,000 participants and tens of thousands of supporters to the Towns of Lake George, Queensbury and the surrounding area’s REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 475 hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to Albany Rods & Kustoms in the amount of $2,500 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and Albany Rods & Kustoms has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to rd Albany Rods & Kustoms regarding its 23 Annual Adirondack Nationals Car Show and authorizes the Agreement between the Town and Albany Rods & Kustoms substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $2,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK RACE MANAGEMENT RESOLUTION NO.: 138, 2011 REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 476 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has received a request for occupancy tax funding from Adirondack Race Management regarding the Lake George Triathlon Festival to be held on rdth September 3 and 4, 2011 in the Towns of Lake George and Queensbury, and WHEREAS, such event is expected to draw approximately 1,300 participants and at least 3,000 supporters to the Towns of Lake George, Queensbury and the surrounding area’s hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to Adirondack Race Management in the amount of $2,500 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and Adirondack Race Management has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to Adirondack Race Management regarding its Lake George Triathlon Festival and authorizes the Agreement between the Town and Adirondack Race Management substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $2,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410- 4412, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 477 RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2011 TO REZONE LANDS OF BRAYTON AND AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” RESOLUTION NO.: 139, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board has received a request to change the zoning designation of parcel 300.16-1-6 located at 237 Fuller Road, Queensbury and currently owned by Barbara and Joseph Brayton from Moderate Density Residential (MDR) to Land Conservation (LC) – 10 Acres and the Town Board wishes to consider certain changes to the Town’s Zoning Code, as detailed in drafts of revisions to Chapter 179, “Zoning,” of the Town Code presented at this Town Board meeting, including a proposed revision to the Town’s Zoning Map associated with the Zoning Code (collectively, the “proposed zoning revisions”), and WHEREAS, the Town Board wishes to consider adoption of a Local Law, to be designated “Local Law No.: ___ of 2011,” to amend Queensbury Town Code Chapter 179 “Zoning,” including a revision to the Town’s Zoning Map associated with the Zoning Code, in accordance with the proposed zoning revisions presented at this meeting, and WHEREAS, in accordance with General Municipal Law §239-m, before enacting the proposed zoning revisions the Town must first refer them to the Warren County Planning Board for its recommendations, and WHEREAS, in order for the Town’s Zoning Code to maintain its status as an approved local land use plan under Adirondack Park Agency (APA) Act and APA regulations, the Town must obtain APA approval of the proposed zoning revisions prior to adoption, and REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 478 WHEREAS, the proposed zoning revisions comply with the requirements of §807 of the APA Act and 9 NYCRR Part 582 of APA regulations, and WHEREAS, the proposed zoning revisions must undergo an environmental review pursuant to the State Environmental Quality Review Act (SEQRA) prior to adoption and enactment, and WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA environmental review and has prepared Part 1 of a Full Environmental Assessment Form (EAF)for use in the environmental review, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward a copy of the proposed zoning revisions, together with a copy of the completed Part 1 of the Full EAF, to the Warren County Planning Board for its review and recommendations, and BE IT FURTHER, RESOLVED, that the Town Board hereby directs the Town Clerk to formally submit the proposed zoning revisions, together with a copy of the completed Part 1 of the Full EAF, to the Adirondack Park Agency for review and approval in accordance with Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby declares its intention to be Lead Agency for SEQRA review of the proposed zoning revisions and directs the Town Clerk to send a copy of the proposed zoning revisions, together with a copy of the completed Part 1 of the Full EAF, and a certified copy of this Resolution stating the Town Board’s intention to be Lead Agency for SEQRA review, to the Adirondack Park Agency and any other Involved Agencies as required by law, and BE IT FURTHER, RESOLVED, that the Town Board shall meet and hold a Public Hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April 18, 2011 to hear all interested persons concerning the proposed revisions to the Town’s Zoning Code and enactment of Local Law No.: ___ of 2011 to Amend Queensbury Town Code Chapter 179 “Zoning,” and REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 479 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 web site and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions (including a proposed revision to the Town’s Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk’s office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk 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 2011. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION APPROVING GRANT AWARDS FOR CASE #6288IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 140, 2011 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 480 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Homes and Community Renewal HOME programs to cover eligible project costs, and WHEREAS, a single family property Case File #6288 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), 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) including an AHOD grant, as applicable, in the amount not to exceed 60% of the total cost of rehabilitation for Case File #6288, 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 REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 481 and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPROVING GRANT AWARDS FOR CASE #6291IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 141, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 Homes and Community Renewal HOME programs to cover eligible project costs, and WHEREAS, a single family property Case File #6291 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), 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 REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 482 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) including an AHOD grant, as applicable, in the amount not to exceed 60% of the total cost of rehabilitation for Case File #6291, 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. Duly adopted this 4th day of April, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID REGARDING TOWN COURT IMPROVEMENTS PROJECT RESOLUTION NO.: 142, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 348,2007, the Queensbury Town Board authorized the establishment of the Town Court Improvements Capital Project Fund #168, and WHEREAS, the Town of Queensbury Facilities Manager wished to advertise for bids for such building renovations at the Town Court for improved security measures and accessibility, as were more clearly specified in bid specifications prepared by the Town’s Facilities Manager, Town Engineer and/or Town Purchasing Agent, and WHEREAS, in accordance with Resolution No.: 72,2011, published an Advertisement th for Bids and on March 30, 2011, the Purchasing Agent duly received and opened all bids, and WHEREAS, Vision Engineering, the Facilities Manager and the Purchasing Agent have REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 483 recommended that the Town Board award the bid to the lowest responsible bidder, A.J. Catalfamo Construction, for an amount not to exceed $76,500, and WHEREAS, the Town Board wishes to award such bid, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the building renovations at the Town Court from the lowest responsible bidder, A.J. Catalfamo Construction for an amount of $76,500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and A.J. Catalfamo Construction in form acceptable to the Town Supervisor, Vision Engineering, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to pay for such services from Capital Project Fund #168 in accordance with Resolution No.: 348,2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR 2004 OR NEWER HEAVY DUTY SINGLE AXLE TRUCK WITH COMBINATION DUMP BODY/SANDER, PLOW, WING AND ALL NECESSARY HYDRAULICS AND ATTACHMENTS RESOLUTION NO.: 143, 2011 REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 484 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a 2004 or newer Heavy Duty Single Axle Truck with Combination Dump Body/Sander, Plow, Wing and all Necessary Hydraulics and Attachments as specified in bid specifications to be prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for a 2004 or newer Heavy Duty Single Axle Truck with Combination Dump Body/Sander, Plow, Wing and all Necessary Hydraulics and Attachments for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 98,2010 REGARDING TRAFFIC SIGNAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WAL-MART REAL ESTATE BUSINESS TRUST RESOLUTION NO.: 144, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 485 SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 98,2010 the Queensbury Town Board authorized a Traffic Signal Agreement between Wal-Mart Real Estate Business Trust and the Town of Queensbury concerning the traffic signal to be constructed and installed at the intersection of Quaker Road and Quaker Ridge Boulevard, and WHEREAS, National Grid has requested that the Town Board amend such Resolution to reflect that service to such traffic signal will be unmetered and included in an existing service account with the Town, and WHEREAS, the Town Board wishes to amend Resolution No.: 98,2010 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 98,2010 to reflect that, relative to the Traffic Signal Agreement between Wal-Mart Real Estate Business Trust and the Town of Queensbury concerning the traffic signal to be constructed and installed at the intersection of Quaker Road and Quaker Ridge Boulevard, service will be unmetered and included in an existing service account with the Town (the same service account as the other traffic lights which the Town pays for), and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 98,2010 in all other respects. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None ** DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC- We had previously agreed to after they have installed the traffic signal and maintained it for a year at their cost and expense and then hand it over to us as the Town owns just about every other traffic signal in the Town. So, Bob has been working on this with the Wal-Mart people and we wanted to clear up that the agreement is going to reflect that this traffic signal will be constructed at the intersection of Quaker Road and Quaker Ridge Boulevard and REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 486 they will be unmetered and included in the existing service account with the Town. Right Bob, is there anything else to add? TOWN COUNSEL, HAFNER- Well, the only thing to add is in a future one, part of our arrangement in talking with Wal-Mart is that they are putting some lights along that road and they wanted that to become part of the Town’s COUNCILMAN MONTESI- Street lights SUPERVISOR STEC- Street Lighting, lighting district TOWN COUNSEL, HAFNER- And we said that we would accept them if we added the Wal- Mart property to our lighting district. So, they are working on a map, plan and report; they are having their engineer do it. I’ve talked to their attorney and we’ve done lots of emails back and forth and they are working on that. That’s something that you are going to get. They will become part of our district and they will contribute like every other property towards the lighting district SUPERVISOR STEC- In fact, they probably more than contribute their fair share because of the size of their property. I received a note from a gentleman, apparently this was in the paper, I don’t know how it was in the paper, I don’t remember seeing it but that’s fine, where expressed concerned about don’t take any expense from Wal-Mart on this lighting situation. TOWN COUNSEL, HAFNER- They will pay their share SUPERVISOR STEC- And the bottom line is they will be in the district and they will pay their fair share and then some for the lighting, so it’s not like their getting something from the Town for nothing TOWN COUNSEL, HAFNER- And if other properties get developed along there, the Town Board might require as part of the development that they be added to our district, but right now it’s undeveloped COUNCILMAN MONTESI- The point I was going to make was that I toured there with Mike Travis last week and we looked at the new Wal-Mart, that’s going to be open mid August TOWN COUNSEL, HAFNER- Really soon, yea, it’s going to be quick COUNCILMAN MONTESI- But there’s some thoughts that going through the Planning Board right now, Vick Macri has proposed an addition to the Wal-Mart; I guess you would call it a subdivision or something. Another couple thousand square feet of space, office space, rental space and we want to make sure that when we put this lighting district in that it includes enough of the land where the road might go to Queensbury Avenue or you would be doing it all over again TOWN COUNSEL, HAFNER- Well, then I think that should be something that we share with the Planning Board as part of the approval process that it is to be added to the Town lighting district, the main Town lighting district. So, I think the Planning Board needs to hear that from the Town Board SUPERVISOR STEC- Does anyone object to what Ron just said? COUNCILMAN BREWER- No COUNCILMAN METIVIER- No TOWN COUNSEL, HAFNER- We indicated in talking to, again we are talking to Wal-Mart’s Counsel that would be for down the line. I think they talked about it but there’s nothing on it yet. COUNCILMAN MONTESI- I think the reason why Mike Travis went there was that at the present time the driveway into Wal-Mart actually dead-heads and Mike wanted to make sure he’ll be able to, because we are going to take that road over, wanted to make sure that we make a turnaround for snow removal REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 487 TOWN COUNSEL, HAFNER- I haven’t seen anything for the road dedication yet COUNCILMAN STROUGH- That road may also extend right over to Queensbury Avenue SUPERVISOR STEC- That’s what Ron was saying COUNCILMAN MONTESI- Yea, that’s what I was, you know SUPERVISOR STEC- And if it does we want that all included in the lighting district TOWN COUNSEL, HAFNER- We should tell the Planning Board SUPERVISOR STEC- Rose, if you wouldn’t mind making sure that the minutes reflect that that was our discussion, that we do want that and I will let the Planning Board know or Bob and I will figure out a way to communicate that to the Board, Planning Board. Any other discussion TOWN COUNSEL, HAFNER- Sorry to interrupt, I thought that I should let you know SUPERVISOR STEC- No COUNCILMAN MONTESI- I think the easy way to do that is whatever property Macri or that development company owns, even though he hasn’t said he’s going to go to Queensbury Avenue that was ultimately the plan that ought to be included in the district TOWN COUNSEL, HAFNER- And there should be probably more lights along that section, which they are going to want us to take and that’s part of that process COUNCILMAN BREWER- That’s fine as long as it’s after a year right? SUPERVISOR STEC- Well, on the traffic signal TOWN COUNSEL, HAFNER- Well, on the lights along the side of the road will take them right away if they’re in the district COUNCILMAN MONTESI- Yea COUNCILMAN BREWER- Right, yea, no I mean the traffic light SUPERVISOR STEC- All right, let’s go ahead and vote RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF APRIL 5, 2011 RESOLUTION NO.: 145, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a stth Warrant with a run date of March 31, 2011 and payment date of April 5, 2011, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 488 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run stth date of March 31, 2011 and payment date of April 5, 2011 totaling $1,264,601.77, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER PLANNING & DEVELOPMENT, INC. TO PROVIDE ASSISTANCE WITH AN APPLICATION FOR FUNDS– NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL RESOLUTION NO.: 146, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to apply for HOME funds through the New York State Division of Housing and Community Renewal (DHCR), for the purposes of continuing the Town single family housing rehabilitation program, and WHEREAS, the Town’s Department of Community Development (Department) has informed the Town Board that it will need assistance to complete the funding application, and WHEREAS, the Senior Planner of the Department has recommended that the Town engage the services of Shelter Planning & Development, Inc., to provide such assistance as outlined in their proposal to the Town dated March 28, 2011, and WHEREAS, the Senior Planner of the Department has recommended that the Town engage the services of Shelter Planning & Development, Inc., to expend an amount up to $6,000 for the development and submission of a HOME grant application, to be paid from the appropriate account, and REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 489 WHEREAS, the Senior Planner of the Department has recommended that the Town engage the services of Shelter Planning & Development, Inc., to develop and submit a grant application through the New York State Division of Housing and Community Renewal for a grant, due April 29, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Shelter Planning & Development, Inc., to provide community development strategy and grant application assistance for the purpose of putting together a complete HOME grant application, and BE IT FURTHER, RESOLVED, that a payment not to exceed $6,000 shall be paid from Consultant Services Account No.: 8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and agreements in form approved by Town Counsel and the Community Development Department to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of April, 2011 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE COMMUNITY BAND RESOLUTION NO.: 147, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has received a request for funding from the Lake George Community Band (Band), to assist in funding the Band’s participation in the Town’s th Memorial Day Parade on May 30, 2011 for an amount of $750, and REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 490 WHEREAS, the Memorial Parade attracts thousands of people to the City of Glens Falls, Town of Queensbury and general community, thereby serving as an economic development tool for tourism in Glens Falls, Queensbury, Warren County and the surrounding area, and WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Band in the amount of $750 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the Band has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Lake George Community Band to assist in funding the Band’s participation in the Town’s Memorial Day Parade, and authorizes the Agreement between the Town and the Band substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of $750 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410- 4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 4 day of April, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 5.0 CORRESPONDENCE REGULAR TOWN BOARD MEETING 04-04-2011 MTG#10 491 None 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER (WARD 4)- No Comment COUNCILMAN STROUGH (WARD 3)- No Comment COUNCILMAN MONTESI (WARD 2)- Spoke regarding the Meadowbrook Preserve, the trail developed off of Meadowbrook Road; opening will be in mid June. COUNCILMAN METIVIER- (WARD 1)- No comment SUPERVISOR STEC- No Comment 7.0 EXECUTIVE SESSION (IF NEEDED) RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 148, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 4th day of April, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury